reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-315 - COOPERATIVE EDUCATIONAL SERVICES — LEGISLATIVE INTENT DECLARED.

33-315. COOPERATIVE EDUCATIONAL SERVICES — LEGISLATIVE INTENT DECLARED. The legislature of the state of Idaho hereby declares its intent to encourage school districts to cooperatively provide those educational services which they are unable to offer singly or which can be provided more economically and/or more efficiently in combination with other districts.
History:
[33-315, added 1967, ch. 362, sec. 1, p. 1042.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-316 - COOPERATIVE CONTRACT TO EMPLOY SPECIALIZED PERSONNEL AND/OR PURCHASE MATERIALS.

33-316. COOPERATIVE CONTRACT TO EMPLOY SPECIALIZED PERSONNEL AND/OR PURCHASE MATERIALS. The trustees of two (2) or more school districts may cooperatively enter into written contract to employ specialized personnel and/or purchase materials which in the judgment of the contracting school districts are necessary or desirable for the conduct of the business of the school districts.
History:
[33-316, added 1967, ch. 362, sec. 2, p. 1042.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-318 - FAIR SHARE OF EXPENSES — APPROPRIATION FROM SCHOOL DISTRICT FUNDS.

33-318. FAIR SHARE OF EXPENSES — APPROPRIATION FROM SCHOOL DISTRICT FUNDS. For the services and materials received from a cooperative service agency, boards of trustees may appropriate from school district funds and pay to the service agency an amount determined by the governing body of the agency to be their fair share of the expenses involved.
History:
[33-318, added 1967, ch. 362, sec. 4, p. 1042.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-319 - RURAL SCHOOL DISTRICTS — RURAL PUBLIC CHARTER SCHOOLS.

33-319. RURAL SCHOOL DISTRICTS — RURAL PUBLIC CHARTER SCHOOLS. (1) A school district shall be considered a rural school district if it meets one (1) of the following two (2) criteria:
(a) There are fewer than twenty (20) enrolled students per square mile within the area encompassed by the school district’s boundaries; or
(b) The county in which a plurality of the school district’s market value for assessment purposes is located contains less than twenty-five thousand (25,000) residents, based on the most recent decennial United States census.
(2) A public charter school shall be considered a rural public charter school if the school district in which the public charter school is physically located meets the definition of a rural school district, pursuant to subsection (1) of this section. A public charter school that is also a virtual school shall be considered a rural public charter school if over fifty percent (50%) of its enrolled students reside within school districts that meet the definition of a rural school district pursuant to subsection (1) of this section.
History:
[33-319, added 2009, ch. 239, sec. 1, p. 739.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-351 - SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION.

33-351. SUBDISTRICTS — AUTHORITY TO ESTABLISH — ELECTION. The board of trustees of any school district which operates two (2) or more high schools may at any time, on its own motion or upon the filing with the board of trustees of a petition so requesting signed by not less than fifty (50) school electors, call an election to submit to the qualified electors of the school district the question of the creation of one (1) or more school subdistricts. Such election shall be called, the election shall be held subject to the provisions of section 34-106, Idaho Code, and shall be conducted pursuant to the provisions of chapter 14, title 34, Idaho Code. The proceedings calling such election shall set forth the boundaries of each proposed school subdistrict and shall provide for the submission of the question of the creation of each such school subdistrict to the qualified electors of the school district and to the qualified electors residing within the proposed boundaries of each such school subdistrict. No proposition for the creation of a school subdistrict shall be determined to have carried unless such proposition shall receive a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the school district and a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the proposed school subdistrict. Whenever the creation of more than one (1) school subdistrict is submitted at the same election, separate ballots and separate propositions shall be used in voting on the question of creating each school subdistrict.
History:
[33-351, added 1986, ch. 61, sec. 1, p. 177; am. 2009, ch. 341, sec. 29, p. 1013.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-352 - ESTABLISHMENT.

33-352. ESTABLISHMENT. Whenever a proposition for the creation of a school subdistrict shall have been approved in the manner set forth in section 33-351, Idaho Code, the board of trustees of the school district shall enter in its minutes an order providing for the establishment and creation of the school subdistrict setting forth therein the legal description of the boundaries thereof and shall designate therein a name for such school subdistrict. Within ten (10) days after the entry of the order creating such school subdistrict, the board of trustees shall certify the fact of the creation of such school subdistrict to the state board of education and to the board of county commissioners of each county in which any part of the school subdistrict is located, by the filing of a certified copy of the order of the board of trustees creating and establishing the school subdistrict.
History:
[33-352, added 1986, ch. 61, sec. 1, p. 177.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-353 - NATURE AND POWERS.

33-353. NATURE AND POWERS. Each school subdistrict created and established as provided in this act shall be a political subdivision of the state of Idaho. The board of trustees entering the order creating and establishing such school subdistrict shall be the governing body of all school subdistricts created by it, and shall possess the power to order, conduct and hold all elections in such school subdistricts for the purpose of incurring debt and issuing bonds and for the purpose of voting school plant facilities reserve fund levies.
History:
[33-353, added 1986, ch. 61, sec. 1, p. 178.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-354 - INDEBTEDNESS — BOND ISSUES.

33-354. INDEBTEDNESS — BOND ISSUES. School subdistricts may incur debt and issue bonds for the same purposes as set forth in section 33-1102, Idaho Code. The governing body of a school subdistrict may submit to the qualified electors of the school subdistrict the question of whether the governing body of the school subdistrict shall be empowered to issue negotiable bonds of the school subdistrict in an amount and for a period of time to be named in the notice of election. Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed and the qualifications of electors voting or offering to vote shall be as provided in title 34, Idaho Code. The question of the issuance of such bonds shall be approved only if the percentage of votes cast at such election were cast in favor thereof as that which is now, or may hereafter be, set by the constitution of the state of Idaho. All such bonds shall be authorized, issued and sold pursuant to the provisions of sections 33-1107 through 33-1121, Idaho Code. No bonds of a school subdistrict may be issued, however, if the issuance of such bonds would cause the percentage of market value for assessment purposes of taxable property within the boundaries of the school subdistrict represented by the aggregate outstanding indebtedness of the school subdistrict, when added to the percentage of the assessed valuation of taxable property represented by the aggregate outstanding indebtedness of the school district within which the school subdistrict lies, to exceed five percent (5%). As used in the preceding sentence hereof, "market value for assessment purposes," "aggregate outstanding indebtedness" and "issuance" shall have the same meanings as set forth in section 33-1103, Idaho Code. Upon the approval of the issuance of such bonds, the same may be issued by the governing body of the school subdistrict on behalf of the school subdistrict at any time within two (2) years from the date of such election. Wherever in title 34, Idaho Code, and in sections 33-1107 through 33-1121, Idaho Code, reference is made to "school district"; for purposes of this chapter it shall be deemed to refer to school subdistricts.
History:
[33-354, added 1986, ch. 61, sec. 1, p. 178; am. 2009, ch. 341, sec. 30, p. 1013; am. 2013, ch. 183, sec. 12, p. 440; am. 2014, ch. 260, sec. 1, p. 652.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-355 - LEVY FOR PLANT FACILITIES RESERVE FUND — ELECTION.

33-355. LEVY FOR PLANT FACILITIES RESERVE FUND — ELECTION. The governing body of a school subdistrict may call an election in the school subdistrict, pursuant to the provisions of section 33-804, Idaho Code, for the purpose of submitting to the qualified school electors of the school subdistrict the question of a levy by a school subdistrict of a school plant facilities reserve fund tax.
History:
[33-355, added 1986, ch. 61, sec. 1, p. 179.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-358 - KINDERGARTEN JUMP-START PROGRAM — PARENT TRAINING.

33-358. KINDERGARTEN JUMP-START PROGRAM — PARENT TRAINING. (1) A school district that offers a kindergarten screener in the spring for children who will enter kindergarten in the fall may use existing funds to establish up to a four (4) week kindergarten jump-start program for children whose score on the screener indicates that they are not ready for kindergarten.
(2) A school district offering a kindergarten jump-start program pursuant to this section must also offer a training program for parents on actions and activities that parents can do that are associated with student success. For a child to be eligible for the kindergarten jump-start program, the child’s parent must attend the training described in this subsection.
History:
[33-358, added 2021, ch. 326, sec. 1, p. 1000.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 4 - SCHOOL ELECTIONS › Section 33-401 - LEGISLATIVE INTENT.

33-401. LEGISLATIVE INTENT. The legislature finds that a comprehensive and integrated statutory scheme for the conduct of school elections is critical to the public’s understanding of and confidence in the public school election system. It is therefore the intent of the legislature that the provisions of title 18, Idaho Code, and the provisions of title 34, Idaho Code, shall be fully applicable and shall govern all school elections. All school elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election.
History:
[33-401, added 1982, ch. 60, sec. 1, p. 108; am. 2009, ch. 341, sec. 31, p. 1014.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 4 - SCHOOL ELECTIONS › Section 33-402 - NOTICE REQUIREMENTS.

33-402. NOTICE REQUIREMENTS. (1) Notice of annual meeting of elementary school districts as provided for in section 33-510, Idaho Code, and of intent to discontinue a school, as provided for in section 33-511, Idaho Code, and annual budget hearing as provided for in section 33-801, Idaho Code, shall be given by posting for not less than ten (10) days, and publishing once in a newspaper as provided in section 60-106, Idaho Code, published within the district, or, if there be none, then in a newspaper as provided in section 60-106, Idaho Code, published in the county in which such district lies. If more than one (1) newspaper is printed and published in said district or county, then in the newspaper most likely to give best general notice of the election within said district; provided that if no newspaper is published in the said district or county, then in a newspaper as provided in section 60-106, Idaho Code, most likely to give best general notice of the election within the district. If a financial emergency has been declared pursuant to section 33-522, Idaho Code, the notice of annual meeting and the notice of the annual budget hearing shall be posted pursuant to subsection (2) of this section, for not less than five (5) days, and by such further notice as shall provide reasonable notice to the patrons of the school district if publication in a newspaper is not feasible.
(2) Notices calling for bids for the acquisition, use, or disposal of real and personal property as provided for in section 33-601, Idaho Code, and contracting for transportation services as provided for in section 33-1510, Idaho Code, shall be given in a newspaper of general circulation as required by chapter 1, title 60, Idaho Code, except that the notice for contracting for transportation services shall be made not less than four (4) weeks before the date of opening bids.
(3) Proof of posting notice shall be upon the affidavit of the person posting the same; and proof of publication shall be upon the affidavit of the publisher of the newspaper or newspapers respectively. Such affidavits shall be filed with the board by the clerk responsible for the posting and the publishing of said notice.
History:
[(33-402) 1963, ch. 13, sec. 45, p. 27; am. 1972, ch. 93, sec. 1, p. 203; am. 1978, ch. 65, sec. 1, p. 131; am. 1979, ch. 130, sec. 1, p. 401; am. and redesignated 1982, ch. 60, sec. 2, p. 108; am. 1985, ch. 235, sec. 1, p. 558; am. 1992, ch. 187, sec. 1, p. 581; am. 1997, ch. 40, sec. 1, p. 75; am. 2005, ch. 213, sec. 4, p. 638; am. 2007, ch. 166, sec. 1, p. 494; am. 2009, ch. 171, sec. 1, p. 541; am. 2009, ch. 341, sec. 32, p. 1014; am. 2011, ch. 151, sec. 15, p. 426.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 4 - SCHOOL ELECTIONS › Section 33-404 - PLACES ELECTIONS TO BE HELD.

33-404. PLACES ELECTIONS TO BE HELD. In elections involving excision and annexation of territory, or the consolidation of school districts, or the division of a school district, each notice of election shall designate that polling places shall be established, as follows:
In an election involving excision and annexation of territory, polling places shall be established pursuant to section 34-302, Idaho Code, in the district to which the territory or area is to be annexed; in the territory or area to be annexed; and in the remainder of the school district from which the territory or area is to be excised.
In an election involving consolidation of school districts, polling places shall be established pursuant to section 34-302, Idaho Code.
In an election involving the division of a school district, polling places shall be established pursuant to section 34-302, Idaho Code.
In any school election held within a joint school district, polling places shall be designated and established pursuant to section 34-302, Idaho Code, within such district, in each county.
History:
[(33-404) 1963, ch. 13, sec. 47, p. 27; am. and redesignated 1982, ch. 60, sec. 7, p. 112; am. 1983, ch. 37, sec. 1, p. 88; am. 2009, ch. 341, sec. 34, p. 1016.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 4 - SCHOOL ELECTIONS › Section 33-405 - QUALIFICATIONS OF SCHOOL ELECTORS.

33-405. QUALIFICATIONS OF SCHOOL ELECTORS. Any person voting, or offering to vote, in any school election must be, at the time of the election eighteen (18) years of age and a United States citizen who has resided in this state and in the school district at least thirty (30) days next preceding the election in which the elector desires to vote. In the case of election of trustees, the elector must be a resident of the same trustee zone as the candidate or candidates for school district trustees for whom the elector offers to vote for at least thirty (30) days next preceding the election in which the elector desires to vote.
Registration requirements set forth in chapter 4, title 34, Idaho Code, shall be applicable to school elections. The elector may be required to furnish to the election official proof of residence, which proof shall be established by either an Idaho motor vehicle driver’s license or any other document definitely establishing the elector’s residence within the school district or trustee zone.
History:
[(33-405) 1963, ch. 13, sec. 48, p. 27; am. 1969, ch. 177, sec. 1, p. 533; am. 1970, ch. 37, sec. 1, p. 81; am. 1970, ch. 136, sec. 1, p. 331; am. 1971, ch. 25, sec. 3, p. 61; am. and redesignated 1982, ch. 60, sec. 8, p. 112; am. 1985, ch. 257, sec. 1, p. 711; am. 1987, ch. 256, sec. 1, p. 519; am. 1989, ch. 88, sec. 67, p. 208; am. 2009, ch. 341, sec. 35, p. 1016.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-501 - BOARD OF TRUSTEES.

33-501. BOARD OF TRUSTEES. (1) Each school district shall be governed by a board of trustees. The board of trustees of each elementary school district shall consist of three (3) members, and the board of trustees of each other school district shall consist of five (5) members. Provided, however, that the board of trustees of any district that has had a change in its district boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) nor more than nine (9) members if such provisions are included as part of an approved proposal to redefine and change trustee zones as provided in section 33-313, Idaho Code. The board of trustees of any district that has had a change in its district boundaries because of district consolidation on and after January 1, 2008, shall consist of five (5) members if two (2) districts consolidated or seven (7) members if three (3) or more districts consolidated. Commencing in 2018, a school district trustee shall be elected for a term of four (4) years beginning at noon on January 1 next succeeding his election.
(2) Each trustee shall at the time of his nomination and election, or appointment, be a school district elector of his district and a resident of the trustee zone from which nominated or appointed. In the event that a vacancy shall be declared as provided in section 33-504, Idaho Code, and the board of trustees is unable to appoint a trustee from the zone vacated after ninety (90) days, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. When a person is duly elected to a trustee zone and the person is found to no longer reside in the trustee zone due to a change in the trustee zone boundaries, that person shall be allowed to continue serving as a trustee for the remainder of that person’s term as long as the person resides at the address used at the time of the election.
(3) Each trustee shall qualify for and assume office on January 1 next following his election, or, if appointed, at the regular meeting of the board of trustees next following such appointment. At the first meeting after a trustee assumes office, an oath of office shall be administered to the trustee, whether elected, reelected or appointed. Said oath may be administered by the clerk, or by another trustee, of the district, and the record shall show such oath of office to have been taken and by whom administered and shall be filed with the official records of the district.
History:
[33-501, added 1963, ch. 13, sec. 51, p. 27; am. 1973, ch. 125, sec. 2, p. 236; am. 1980, ch. 32, sec. 1, p. 56; am. 2008, ch. 351, sec. 2, p. 969; am. 2009, ch. 57, sec. 1, p. 160; am. 2009, ch. 341, sec. 37, p. 1017; am. 2018, ch. 164, sec. 1, p. 323; am. 2023, ch. 241, sec. 1, p. 740.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-502 - DECLARATIONS OF CANDIDACY FOR TRUSTEES.

33-502. DECLARATIONS OF CANDIDACY FOR TRUSTEES. Any person legally qualified to hold the office of school trustee may file a declaration of candidacy for the office, each of which shall bear the name of the candidate, state the term for which declaration of candidacy is made, and bear the signature of not less than five (5) school district electors resident of the trustee zone of which the candidate is resident. The declaration shall be filed with the clerk of the board of trustees of the school district as provided in section 34–1404, Idaho Code.
History:
[33-502, added 1963, ch. 13, sec. 52, p. 27; am. 1967, ch. 9, sec. 1, p. 14; am. 1992, ch. 187, sec. 3, p. 584; am. 2011, ch. 11, sec. 5, p. 28.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-502B - BOARD OF TRUSTEES — ONE NOMINATION — NO ELECTION.

33-502B. BOARD OF TRUSTEES — ONE NOMINATION — NO ELECTION. In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 34-1407, Idaho Code, and has provided to the district’s board clerk the signatures of five (5) electors of the candidate’s specific zone, then no election shall be held for that position. The board of trustees or the school district clerk, with the written permission of the board, shall declare such candidate elected as a trustee. The school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election.
History:
[33-502B, added 1990, ch. 332, sec. 1, p. 910; am. 1993, ch. 51, sec. 1, p. 133; am. 1994, ch. 160, sec. 1, p. 367; am. 2004, ch. 26, sec. 1, p. 43; am. 2009, ch. 341, sec. 39, p. 1017; am. 2016, ch. 261, sec. 1, p. 681.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-503 - ELECTION OF TRUSTEES — UNIFORM DATE.

33-503. ELECTION OF TRUSTEES — UNIFORM DATE. (1) The election of school district trustees including those in charter districts shall be on the Tuesday following the first Monday in November in odd-numbered years. Notice and conduct of the election, and the canvassing of the returns, shall be as provided in chapter 14, title 34, Idaho Code. In each trustee zone, the person receiving the greatest number of votes cast within his zone shall be declared by the board of trustees as the trustee elected from that person’s zone.
(2) If any two (2) or more persons residing in the same trustee zone have an equal number of votes and a greater number than any other nominee residing in that zone, then the board of trustees shall determine the winner by a toss of a coin.
(3) Incumbent trustees as of the effective date of this act shall have their terms expire on January 1 following the November election of their successors.
History:
[33-503, added 1963, ch. 13, sec. 53, p. 27; am. 1973, ch. 97, sec. 1, p. 166; am. 1975, ch. 181, sec. 1, p. 497; am. 2009, ch. 341, sec. 40, p. 1017; am. 2015, ch. 248, sec. 1, p. 1044; am. 2018, ch. 164, sec. 2, p. 323; am. 2019, ch. 288, sec. 20, p. 843.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-504 - VACANCIES ON BOARDS OF TRUSTEES.

33-504. VACANCIES ON BOARDS OF TRUSTEES. A vacancy shall be declared by the board of trustees when any nominee has been elected but has failed to qualify for office, or within thirty (30) days of when any trustee shall (a) die; (b) resign as trustee; (c) remove himself from his trustee zone of residence; (d) no longer be a resident or school district elector of the district; (e) refuse to serve as trustee; (f) without excuse acceptable to the board of trustees, fail to attend four (4) consecutive regular meetings of the board; or (g) be recalled and discharged from office as provided in law.
Such declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the above-mentioned conditions are determined to exist.
The board of trustees shall appoint to such vacancy a person qualified to serve as trustee of the school district provided there remains in membership on the board of trustees a majority of the membership thereof, and the board shall notify the state superintendent of public instruction of the appointment. Such appointment shall be made within ninety (90) days of the declaration of vacancy. After ninety (90) days, if the board of trustees is unable to appoint a trustee from the zone vacated, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. Otherwise, after one hundred twenty (120) days from the declaration of vacancy, appointments shall be made by the board of county commissioners of the county in which the district is situate, or of the home county if the district be a joint district.
Any person appointed as herein provided shall serve for the balance of the unexpired term of the office which was declared vacant and filled by appointment.
History:
[33-504, added 1963, ch. 13, sec. 54, p. 27; am. 1975, ch. 181, sec. 2, p. 497; am. 1984, ch. 94, sec. 2, p. 219; am. 1986, ch. 348, sec. 20, p. 864; am. 1987, ch. 141, sec. 1, p. 282; am. 2009, ch. 57, sec. 2, p. 161; am. 2009, ch. 341, sec. 42, p. 1018.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-506 - ORGANIZATION AND GOVERNMENT OF BOARD OF TRUSTEES.

33-506. ORGANIZATION AND GOVERNMENT OF BOARD OF TRUSTEES. (1) Each board of school district trustees shall organize at its first regular meeting in January and elect a chairman, a vice chairman, a clerk and a treasurer. The clerk and the treasurer may be members of the board of trustees; or, in the discretion of the board, either or both may be selected from among competent and responsible persons outside the membership of the board. The board in its discretion may allow compensation for the clerk, and for the treasurer, if other than the county treasurer.
(2) Each member of the board not otherwise compensated by public moneys shall be compensated for actual expenses incurred for travel to, from, and attending meetings of the board. Such compensation shall be paid from the district school funds.
(3) It shall be the duty of each member of the board of trustees to attend all meetings, both regular and special; and the board shall have the following powers and duties:
(a) To make bylaws, rules and regulations for its government and that of the district, consistent with the laws of the state of Idaho and the rules and regulations of the state board of education;
(b) To call special meetings or elections for such purpose as may be necessary for the proper conduct and management of the school or schools of the district;
(c) To employ an attorney or attorneys when deemed for the best interests of the district, or for the purpose of defending the district against any suit or for bringing action deemed necessary to be commenced by the board.
History:
[33-506, added 1963, ch. 13, sec. 56, p. 27; am. 1975, ch. 82, sec. 1, p. 167; am. 1978, ch. 103, sec. 1, p. 210; am. 1988, ch. 77, sec. 1, p. 132; am. 2018, ch. 164, sec. 4, p. 325; am. 2019, ch. 38, sec. 1, p. 106.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-508 - DUTIES OF CLERK.

33-508. DUTIES OF CLERK. The clerk of the board of trustees shall have such duties as shall be prescribed by the board. He shall attend all meetings of the board of trustees, shall keep the record of the proceedings, and shall enter in said record all matters required by law, or by the board, so to be entered; and said record shall be open to inspection by any person, at all reasonable times.
When the clerk does not attend a meeting of the board of trustees, the board shall appoint some person who, as temporary clerk, shall keep the record of the proceedings of the board and certify the same to the clerk, to be entered by him.
Whenever in the judgment of the board of trustees it is deemed prudent so to do, the clerk may be placed under a fidelity bond, in the manner of section 33-509, in such amount as the board of trustees shall determine.
History:
[33-508, added 1963, ch. 13, sec. 58, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-509 - DUTIES OF THE TREASURER.

33-509. DUTIES OF THE TREASURER. The treasurer elected by the board of trustees of a school district shall have such duties as the board may prescribe. The treasurer shall be placed under fidelity bond issued by a surety company authorized to do business in the state of Idaho, in such amount as the board of trustees may from time to time determine, or under personal bond equal to twice such determined amount with at least two (2) sureties who each shall qualify as in the case of sureties on the bonds of county officers.
The county treasurer of the home county of any elementary school district with less than six (6) teachers within the district shall serve as treasurer of such district, if requested to do so by the school district board of trustees.
The treasurer shall account for the deposit of all moneys of the district in accordance with the provisions of the public depository law, chapter 1, title 57, Idaho Code.
History:
[33-509, added 1963, ch. 13, sec. 59, p. 27; am. 1978, ch. 103, sec. 2, p. 211; am. 1988, ch. 70, sec. 1, p. 101; am. 1988, ch. 77, sec. 2, p. 132.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-509A - ASSISTANT TREASURERS.

33-509A. ASSISTANT TREASURERS. A board of trustees of a school district may elect one (1) or more assistant treasurers who shall have such duties as the board of trustees may prescribe. Assistant treasurers shall be subject to the control, supervision and direction of the treasurer of the district. An assistant treasurer may perform the statutory duties prescribed by law for the treasurer to the extent authorized by the board of trustees.
History:
[33-509A, added 1990, ch. 198, sec. 1, p. 444.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-510 - ANNUAL MEETINGS — REGULAR MEETINGS — BOARDS OF TRUSTEES.

33-510. ANNUAL MEETINGS — REGULAR MEETINGS — BOARDS OF TRUSTEES. (1) The annual meeting of each school district shall be on the date of its regular January meeting in each year. Notice of the annual meeting of elementary school districts shall be given as provided in section 33-402, Idaho Code, but one (1) publication shall suffice.
(2) Regular meetings of each board of school district trustees shall be held monthly, on a uniform day of a uniform week as determined at the annual meeting. Special meetings may be called by the chairman or by any two (2) members of the board and held at any time. If the time and place of special meetings shall not have been determined at a meeting of the board with all members being present, then notice of the time and place shall be given to each member and announced by written notice conspicuously posted at the school district office and at least two (2) or more public buildings within the school district not less than twenty-four (24) hours before such special meeting is to be convened.
(3) A quorum for the transaction of business of the board of trustees shall consist of a majority of the members of the board. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman of the board may vote in all cases.
(4) All meetings shall conform to the provisions of chapter 2, title 74, Idaho Code.
History:
[33-510, added 1963, ch. 13, sec. 60, p. 27; am. 1973, ch. 62, sec. 1, p. 102; am. 1976, ch. 66, sec. 1, p. 233; am. 1977, ch. 51, sec. 1, p. 101; am. 1977, ch. 52, sec. 1, p. 102; am. 1978, ch. 137, sec. 1, p. 312; am. 2011, ch. 151, sec. 16, p. 426; am. 2015, ch. 141, sec. 61, p. 423; am. 2018, ch. 164, sec. 5, p. 325.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-512A - DISTRICT CURRICULAR MATERIALS ADOPTION COMMITTEES.

33-512A. DISTRICT CURRICULAR MATERIALS ADOPTION COMMITTEES. The board of trustees of each school district shall appoint a curricular materials adoption committee to advise the board on selection of curricular materials, as defined in section 33-118A, Idaho Code, for use within the schools of the district. Such a committee shall contain a membership at least one-half (1/2) of which is persons who are not public educators or school trustees and shall include parents of a child or children attending a school or schools within the school district. All meetings of the committee shall be open to the public and any member of the public may attend such a meeting and file written or make oral objections to any curricular materials under consideration. Each school district shall have on hand and available to the public the titles, authors and publishers of all curricular materials being used in the district. The public has the right to inspect the instructional materials, except students’ tests, used in the district’s schools.
History:
[33-512A, added 1986, ch. 302, sec. 3, p. 754; am. 1987, ch. 25, sec. 1, p. 34; am. 1998, ch. 88, sec. 4, p. 300; am. 2022, ch. 288, sec. 1, p. 919.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-512B - SUICIDAL TENDENCIES — DUTY TO WARN.

33-512B. SUICIDAL TENDENCIES — DUTY TO WARN. (1) Notwithstanding the provisions of section 33-512(4), Idaho Code, neither a teacher nor a school district shall have a duty to warn of the suicidal tendencies of a student absent the teacher’s knowledge of direct evidence of such suicidal tendencies.
(2) "Direct evidence" means evidence which directly proves a fact without inference and which in itself, if true, conclusively establishes that fact. Direct evidence would include unequivocal and unambiguous oral or written statements by a student which would not cause a reasonable teacher to speculate regarding the existence of the fact in question; it would not include equivocal or ambiguous oral or written statements by a student which would cause a reasonable teacher to speculate regarding the existence of the fact in question.
(3) The existence of the teacher’s knowledge of the direct evidence referred to in subsections (1) and (2) of this section shall be determined by the court as a matter of law.
History:
[33-512B, added 1996, ch. 377, sec. 1, p. 1282.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-512C - ENCOURAGEMENT OF GIFTED STUDENTS.

33-512C. ENCOURAGEMENT OF GIFTED STUDENTS. If a student completes any required high school course with a grade of C or higher before entering grade 9, if that course meets the same standards that are required in high school, if the course is taught by a properly certified teacher who meets the federal definition of being highly qualified for the course being taught and if the school providing the course is accredited as recognized by the state board, the student shall be given a grade for the successful completion of that course, and such grade and the number of credit hours assigned to the course shall be transferred to the student’s high school transcript. The provisions of this section do not apply to senior projects.
History:
[33-512C, added 2010, ch. 125, sec. 1, p. 272; am. 2018, ch. 110, sec. 1, p. 224.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-514A - ISSUANCE OF LIMITED CONTRACT — CATEGORY 1 CONTRACT.

33-514A. ISSUANCE OF LIMITED CONTRACT — CATEGORY 1 CONTRACT. After August 1, or pursuant to section 33-507(3), Idaho Code, the board of trustees may exercise the option of employing certified personnel on a one (1) year limited contract, which may also be referred to as a category 1 contract consistent with the provisions of section 33-514, Idaho Code. Such a contract is specifically offered for the limited duration of the ensuing school year, and no further notice is required by the district to terminate the contract at the conclusion of the contract year.
History:
[33-514A, added 1997, ch. 125, sec. 1, p. 374; am. 2000, ch. 66, sec. 2, p. 150; am. 2014, ch. 252, sec. 2, p. 635.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-515A - SUPPLEMENTAL CONTRACTS.

33-515A. SUPPLEMENTAL CONTRACTS. (1) In addition to the provisions of sections 33-514, 33-514A and 33-515, Idaho Code, a board of trustees may enter into supplemental contracts to provide extra duty or extra day assignments for certificated employees.
(2) An extra duty assignment is, and extra duty supplemental contracts may be used for, an assignment which is not part of a certificated employee’s regular teaching duties. Any such contract shall be separate and apart from the certificated employee’s underlying contract, and no property rights shall attach to a supplemental extra duty contract. If a board of trustees determines not to reissue a supplemental extra duty contract, the board shall give written notice to the employee describing reasons for the decision not to reissue. The employee, upon written request to the board, shall be entitled to an informal review. The process and procedure for informal review shall be determined by the board of trustees. Should a board of trustees provide for additional procedures, nothing in this section shall be interpreted to limit those procedures. The contract shall be in a form approved by the state superintendent of public instruction.
(3) An extra day assignment is, and supplemental extra day contracts may be used for, an assignment of days of service in addition to the standard contract length used for the majority of certificated employees in the district. Such additional days may be in service of the same activities as the certificated employee’s regular teaching duties. Any such extra day contracts shall provide the same daily rate of pay and rights to due process and procedures as provided by the certificated employee’s underlying contract. The contract shall be in a form approved by the state superintendent of public instruction.
(4) For the purposes of this section, "underlying contract" means either a category 1, 2, 3 or renewable contract.
History:
[33-515A, added 1999, ch. 208, sec. 2, p. 558; am. 2016, ch. 288, sec. 1, p. 791.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-516 - RIGHT TO RENEWABLE CONTRACT WHEN DISTRICT IS DIVIDED, CONSOLIDATED OR REORGANIZED.

33-516. RIGHT TO RENEWABLE CONTRACT WHEN DISTRICT IS DIVIDED, CONSOLIDATED OR REORGANIZED. If, by reason of the division of a school district, including any specially chartered district, or by reason of the consolidation of such a district with another district, or other districts, or by reason of the reorganization of such a district, the position held by any teacher entitled to a renewable contract is transferred from the control of one board of trustees to the control of a new or different board of trustees, the right to automatic renewal is not thereby lost, and such new or different board of trustees shall be subject to all of the provisions of this chapter with respect to such teacher in the same manner as if such teacher were its employee and had been its employee during the time such teacher was actually employed by the board of trustees from whose control the position was transferred.
History:
[(33-516) 1973, ch. 126, sec. 3, p. 238; am. and redesig. 1984, ch. 286, sec. 11, p. 668.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-517A - SCHOOL DISTRICTS — NONCERTIFICATED EMPLOYEES — GROUP HEALTH INSURANCE.

33-517A. SCHOOL DISTRICTS — NONCERTIFICATED EMPLOYEES — GROUP HEALTH INSURANCE. The board of trustees of each school district, including any specially chartered district, shall provide the same group health insurance benefits to all noncertificated employees who work twenty (20) hours or more per week, as provided to certificated employees.
History:
[33-517A, added 1994, ch. 282, sec. 1, p. 883.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-518 - EMPLOYEE PERSONNEL FILES.

33-518. EMPLOYEE PERSONNEL FILES. The board of trustees of each school district, including any specially chartered district, shall provide for the establishment and maintenance of a personnel file for each employee of the school district. Each personnel file shall contain any and all material relevant to the evaluation of the employee. The employee shall be provided timely notice of all materials placed in the personnel file and shall be afforded the opportunity to attach a rebuttal to any such materials. Personnel files are declared to be confidential and excepted from public access under any provision of the Idaho Code, including, but not limited to, sections 74-102 and 59-1009, Idaho Code, provided that each employee or designated representative shall be given access to his own personnel file upon request and shall be provided copies of materials contained therein, with the exception of recommendation letters, in a timely manner upon request.
History:
[33-518, added 1990, ch. 418, sec. 1, p. 1157; am. 2015, ch. 244, sec. 19, p. 1018; am. 2017, ch. 58, sec. 14, p. 109.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-519 - RELEASE FOR RELIGIOUS INSTRUCTION.

33-519. RELEASE FOR RELIGIOUS INSTRUCTION. Upon application of his parent or guardian, or, if the student has attained the age of eighteen (18) years, upon application of the student, a student attending a public school in grades nine (9) through twelve (12) may be excused from school for a period not exceeding five (5) periods in any week or not exceeding one hundred sixty-five (165) hours per student during any one (1) school year for religious or other purposes. Release time pursuant to this section shall be scheduled by the board of trustees upon application as provided herein and the board shall have reasonable discretion over the scheduling and timing of the release time. Release time pursuant to this section shall not reduce the minimum graduation requirements for accredited Idaho high schools. The provisions of this section shall not be deemed to authorize the use of any public school facility for religious instruction. The board of trustees of a school district may not authorize the use of, and public school facilities, personnel or equipment may not be utilized, to maintain attendance records for the benefit of release time classes for religious instruction. No credit shall be awarded by the school or school district for completion of courses during release time for religious purposes. At the discretion of the board credit may be granted for other purposes.
History:
[33-519, added 1991, ch. 250, sec. 1, p. 618; am. 2010, ch. 180, sec. 1, p. 370.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-520 - POLICY GOVERNING MEDICAL INHALERS, EPINEPHRINE AUTO-INJECTORS, INSULIN AND BLOOD GLUCOSE MONITORING SUPPLIES.

33-520. POLICY GOVERNING MEDICAL INHALERS, EPINEPHRINE AUTO-INJECTORS, INSULIN AND BLOOD GLUCOSE MONITORING SUPPLIES. (1) The board of trustees of each school district, including charter districts, shall adopt a policy permitting the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illness or by way of an epinephrine auto-injector for severe allergic reaction (anaphylaxis). On or before September 1, 2016, such boards of trustees shall also adopt a policy permitting the self-administration of diabetes medication and blood glucose monitoring by a pupil with diabetes.
(2) As used in this section:
(a) "Medication" means an epinephrine auto-injector, a metered-dose inhaler or a dry powder inhaler or insulin prescribed by a physician and having an individual label; and
(b) "Self-administration" means a student’s use of medication or of blood glucose monitoring supplies pursuant to prescription or written direction from a physician.
(3) A student who is permitted to self-administer medication or blood glucose monitoring pursuant to this section shall be permitted to possess and use a prescribed inhaler, an epinephrine auto-injector, insulin or blood glucose monitoring supplies at all times.
(4) Nothing in this section shall be construed to prevent a school district from requiring pupils to maintain current duplicate prescription medications or blood glucose monitoring supplies with the school nurse or, in the absence of such nurse, with the school administrator.
History:
[33-520, added 2004, ch. 336, sec. 1, p. 1007; am. 2008, ch. 305, sec. 1, p. 846; am. 2016, ch. 184, sec. 1, p. 496.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-521 - EMPLOYEE SEVERANCE IN CONSOLIDATED DISTRICT.

33-521. EMPLOYEE SEVERANCE IN CONSOLIDATED DISTRICT. The board of trustees of any school district newly formed within the last twelve (12) months through the consolidation of two (2) or more school districts may offer a one (1) time severance payment to a maximum of ten percent (10%) of the employees that were previously employed by the separate school districts. Such severance offers shall be made entirely at the discretion of the board of trustees, and shall not be bound by custom, seniority or contractual commitment. Employees are under no obligation to accept a severance offer. Any employee accepting a severance payment shall not be eligible for reemployment by the school district for a one (1) year period thereafter.
The severance payment shall consist of fifty-five percent (55%) of the salary-based apportionment funds allocated for the employee in the last year, plus any applicable state paid employee benefits. Such severance shall be reduced by one-half (1/2) for any employee who is simultaneously receiving a disbursement of early retirement incentive funds. The state department of education shall reimburse eligible school districts for one hundred percent (100%) of such costs, upon application by the school district.
History:
[33-521, added 2007, ch. 79, sec. 3, p. 210; am. 2019, ch. 161, sec. 2, p. 526.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 5 - DISTRICT TRUSTEES › Section 33-522A - REDUCTION IN FORCE DEFINED.

33-522A. REDUCTION IN FORCE DEFINED. (1) A reduction in force may occur when there are:
(a) Curriculum or program changes;
(b) Negative changes in the financial conditions of the school district;
(c) Decreases in student enrollment, including overall, by program, by grade or by school; or
(d) Staffing or highly qualified teacher limitations of the district.
(2) For purposes of title 33[, Idaho Code], "reduction in force" means the elimination of a certificated staff position or positions or a portion or percentage of a position or positions, when there is one (1) or more of the following:
(a) The elimination of an entire program or portions of a program;
(b) The elimination of positions in certain grade levels only;
(c) The elimination of a position by category; or
(d) The elimination of a position in an overall review of the district.
(3) (a) The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status.
(b) Each school district may adopt a policy establishing an equitable method of recalling individuals subject to a reduction in force if positions become available subsequent to the reduction in force.
History:
[33-522A, added 2015, ch. 249, sec. 1, p. 1045.]