reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 49 - MOTORCYCLE SAFETY PROGRAM › Section 33-4904 - MOTORCYCLE SAFETY PROGRAM FUND.

33-4904. MOTORCYCLE SAFETY PROGRAM FUND. (1) The motorcycle safety program fund is established in the state treasury and appropriated on a continual basis to the division of career technical education which shall administer the moneys. Money in the fund shall only be used for administration and implementation of the program, including reimbursement of entities which offer approved motorcycle rider training courses.
(2) At the end of each fiscal year, moneys remaining in the motorcycle safety program fund shall be retained in said fund and shall not revert to any other general fund. The interest and income earned on money in the fund, after deducting any applicable charges, shall be credited to and remain in the motorcycle safety program fund.
(3) Revenue credited to the fund shall include one dollar ($1.00) of each fee for a class A, B, C or D driver’s license as provided in section 49-306, Idaho Code.
(4) Revenue credited to the fund shall include amounts collected for each motorcycle safety program fee imposed pursuant to section 49-453, Idaho Code.
History:
[(33-4904) 33-4804, added 1994, ch. 234, sec. 10, p. 743; am. and redesig. 1998, ch. 110, sec. 4, p. 381; am. 1999, ch. 81, sec. 1, p. 238; am. 2005, ch. 308, sec. 1, p. 960; am. 2009, ch. 30, sec. 4, p. 83; am. 2016, ch. 25, sec. 32, p. 54.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 49 - MOTORCYCLE SAFETY PROGRAM › Section 33-4905 - ADVISORY COMMITTEE.

33-4905. ADVISORY COMMITTEE. The administrator of the division of career technical education shall establish a program advisory committee consisting of five (5) persons representing various interests in motorcycle safety including, but not limited to, motorcycle riding enthusiasts, dealers and law enforcement personnel. Committee members shall advise the program coordinator in developing, establishing and maintaining the program. The committee shall monitor program implementation and report to the administrator as necessary with recommendations. Members of the committee shall serve without compensation but may be reimbursed for their reasonable expenses while engaged in committee business.
History:
[(33-4905) 33-4805, added 1994, ch. 234, sec. 10, p. 743; am. and redesig. 2005, ch. 25, sec. 54, p. 102; am. 2009, ch. 30, sec. 5, p. 84; am. 2016, ch. 25, sec. 33, p. 54.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 49 - MOTORCYCLE SAFETY PROGRAM › Section 33-4906 - ANNUAL REPORT ON THE PROGRAM.

33-4906. ANNUAL REPORT ON THE PROGRAM. The division of career technical education shall prepare a public report annually. The report shall be completed with the assistance of the program coordinator and the program advisory committee. The report shall include the number and location of various courses offered, the number of instructors approved, the number of students trained in various courses, other information about program implementation as deemed appropriate, and an assessment of the overall impact of the program on motorcycle safety in the state. The report shall also provide a complete accounting of revenue receipts of the motorcycle safety program fund and of all moneys expended under the program.
History:
[(33-4906) 33-4806, added 1994, ch. 234, sec. 10, p. 744; am. and redesig. 2005, ch. 25, sec. 55, p. 102; am. 2009, ch. 30, sec. 6, p. 84; am. 2016, ch. 25, sec. 34, p. 54.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5001 - SHORT TITLE.

33-5001. SHORT TITLE. This chapter shall be known and may be cited as the "Uniform Prudent Management of Institutional Funds Act."
History:
[33-5001, added 2007, ch. 173, sec. 2, p. 512.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5002 - DEFINITIONS.

33-5002. DEFINITIONS. In this chapter:
(1) "Charitable purpose" means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.
(2) "Endowment fund" means an institutional fund or part thereof that, under the terms of a gift instrument, is not wholly expendable by the institution on a current basis. The term does not include assets that an institution designates as an endowment fund for its own use nor endowment funds managed pursuant to chapter 7, title 57, Idaho Code.
(3) "Gift instrument" means a record or records, including an institutional solicitation, under which property is granted to, transferred to, or held by an institution as an institutional fund.
(4) "Institution" means:
(a) A person, other than an individual, organized and operated exclusively for charitable purposes;
(b) A government or governmental subdivision, agency or instrumentality, to the extent that it holds funds exclusively for a charitable purpose; and
(c) A trust that had both charitable and noncharitable interests, after all noncharitable interests have terminated.
(5) "Institutional fund" means a fund held by an institution exclusively for charitable purposes. The term does not include:
(a) Program related assets;
(b) A fund held for an institution by a trustee that is not an institution; or
(c) A fund in which a beneficiary that is not an institution has an interest, other than an interest that could arise upon violation or failure of the purposes of the fund.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(7) "Program related asset" means an asset held by an institution primarily to accomplish a charitable purpose of the institution and not primarily for investment.
(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
History:
[33-5002, added 2007, ch. 173, sec. 2, p. 512.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5004 - APPROPRIATION FOR EXPENDITURE OR ACCUMULATION OF ENDOWMENT FUND — RULES OF CONSTRUCTION.

33-5004. APPROPRIATION FOR EXPENDITURE OR ACCUMULATION OF ENDOWMENT FUND — RULES OF CONSTRUCTION. (1) Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:
(a) The duration and preservation of the endowment fund;
(b) The purposes of the institution and the endowment fund;
(c) General economic conditions;
(d) The possible effect of inflation or deflation;
(e) The expected total return from income and the appreciation of investments;
(f) Other resources of the institution; and
(g) The investment policy of the institution.
(2) Subject to the provisions of subsection (3) of this section, to limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section, a gift instrument must specifically state the limitation.
(3) Terms in a gift instrument designating a gift as an endowment, or any general or specific direction or authorization in the gift instrument to use only "income," "interest," "dividends" or "rents, issues or profits," or "to preserve the principal intact," or words of similar import, or any direction in such gift instrument relating to measuring permitted distributions to permitted payees by reference to certain types or classes of investment returns, or allocation in such gift instrument of certain types or classes of returns to income or principal:
(a) Create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and
(b) Do not limit the authority to appropriate for expenditure or accumulate under subsection (1) of this section.
History:
[33-5004, added 2007, ch. 173, sec. 2, p. 514; am. 2012, ch. 146, sec. 1, p. 416.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5005 - DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS.

33-5005. DELEGATION OF MANAGEMENT AND INVESTMENT FUNCTIONS. (1) Subject to any specific limitation set forth in a gift instrument or in law other than this chapter, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, in:
(a) Selecting an agent;
(b) Establishing the scope and terms of the delegation, consistent with the purposes of the institution and the institutional fund; and
(c) Periodically reviewing the agent’s actions in order to monitor the agent’s performance and compliance with the scope and terms of the delegation.
(2) In performing a delegated function, an agent owes a duty to the institution to exercise reasonable care to comply with the scope and terms of the delegation.
(3) An institution that complies with subsection (1) of this section is not liable for the decisions or actions of an agent to which the function was delegated.
(4) By accepting delegation of a management or investment function from an institution that is subject to the laws of this state, an agent submits to the jurisdiction of the courts of this state in all proceedings arising from or related to the delegation or the performance of the delegated function.
(5) An institution may delegate management and investment functions to its committees, officers or employees as authorized by law of this state other than this chapter.
History:
[33-5005, added 2007, ch. 173, sec. 2, p. 515.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5006 - RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT OR PURPOSE.

33-5006. RELEASE OR MODIFICATION OF RESTRICTIONS ON MANAGEMENT, INVESTMENT OR PURPOSE. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.
(2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard. To the extent practicable, any modification must be made in accordance with the donor’s probable intention.
(3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general must be given an opportunity to be heard.
(4) If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, sixty (60) days after notification to the attorney general and the donor if available, may release or modify the restriction, in whole or part, if:
(a) The institutional fund subject to the restriction has a total value of less than twenty-five thousand dollars ($25,000);
(b) More than ten (10) years have elapsed since the fund was established; and
(c) The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
History:
[33-5006, added 2007, ch. 173, sec. 2, p. 515.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5007 - REVIEWING COMPLIANCE.

33-5007. REVIEWING COMPLIANCE. Compliance with this chapter is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
History:
[33-5007, added 2007, ch. 173, sec. 2, p. 516.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5008 - APPLICATION TO EXISTING INSTITUTIONAL FUNDS.

33-5008. APPLICATION TO EXISTING INSTITUTIONAL FUNDS. This chapter applies to institutional funds existing on or established after July 1, 2007. As applied to institutional funds existing on July 1, 2007, this chapter governs only decisions made or actions taken on or after that date.
History:
[33-5008, added 2007, ch. 173, sec. 2, p. 516.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5009 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.

33-5009. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101 of that act, 15 U.S.C. section 7001(a), or authorize electronic delivery of any of the notices described in section 103 of that act, 15 U.S.C. section 7003(b).
History:
[33-5009, added 2007, ch. 173, sec. 2, p. 516.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 50 - UNIFORM PRUDENT MANAGEMENT OF INSTITUTIONAL FUNDS ACT › Section 33-5010 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.

33-5010. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
[33-5010, added 2007, ch. 173, sec. 2, p. 517.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5101 - PURPOSE.

33-5101. PURPOSE. The purpose of this chapter is to promote rigorous academic pursuits and to provide a wider variety of options to high school pupils by encouraging and enabling secondary pupils to enroll full-time or part-time in nonsectarian courses or programs in eligible postsecondary institutions as defined in section 33-5102, Idaho Code.
History:
[33-5101, added 1997, ch. 283, sec. 1, p. 860.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5102 - DEFINITIONS.

33-5102. DEFINITIONS. As used in this chapter:
(1) "Course" means a course of instruction or a program of instruction.
(2) "Dual credit" means credit awarded to a student on his or her secondary and postsecondary transcript for the completion of a single course.
(3) "Eligible institution" means a public or private postsecondary educational institution accredited by an organization recognized by the state board of education.
(4) "Postsecondary credit" means credit awarded to a student on his or her postsecondary transcript for the completion of a course.
(5) "Secondary credit" means credit awarded to a student on his or her secondary transcript for the completion of a course.
History:
[33-5102, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 1, p. 37.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5103 - AUTHORIZATION — NOTIFICATION.

33-5103. AUTHORIZATION — NOTIFICATION. Notwithstanding any other law, administrative rule or local policy to the contrary, a secondary pupil enrolled in a public school may apply to an eligible institution to enroll in nonsectarian courses offered by that postsecondary institution. If an institution accepts a secondary pupil for enrollment under the provisions of this chapter, the institution shall send written notice to the pupil and the pupil’s school district within ten (10) days of acceptance. The notice shall indicate the course and hours of enrollment of that pupil. If the pupil enrolls in a course for postsecondary credit, the institution shall notify the pupil about payment in the customary manner used by the institution.
History:
[33-5103, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 2, p. 37; am. 2015, ch. 288, sec. 1, p. 1160.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5104 - COUNSELING.

33-5104. COUNSELING. To the extent possible, the school district shall provide counseling services to pupils and their parents or guardians before the pupil enrolls in courses under the provisions of this chapter to ensure that the pupil and parents or guardian are fully aware of the risks and possible consequences of enrolling in postsecondary courses. Counseling services shall include information on the program including who may enroll, what institutions and sources are available under this program, the decision-making process for granting academic or career technical credits, financial arrangements for tuition, books and materials, eligibility criteria for transportation aid, available support services, the need to arrange an appropriate schedule, consequences of failing or not completing a course in which the pupil enrolls, the effect of enrolling in this program on the pupil’s ability to complete the required high school graduation requirements, financial aid and the academic and social responsibilities that must be assumed by the pupil and the parents or guardian. The person providing counseling shall encourage pupils and their parents or guardian to also use available counseling services at the postsecondary institutions prior to the semester of enrollment to ensure that anticipated plans are appropriate and adequate.
History:
[33-5104, added 1997, ch. 283, sec. 1, p. 860; am. 2014, ch. 27, sec. 3, p. 38; am. 2017, ch. 88, sec. 1, p. 235.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5105 - DISSEMINATION OF INFORMATION — NOTIFICATION OF INTENT TO ENROLL.

33-5105. DISSEMINATION OF INFORMATION — NOTIFICATION OF INTENT TO ENROLL. By March 1 of each year, a school district shall provide general information about the program to all secondary pupils.
History:
[33-5105, added 1997, ch. 283, sec. 1, p. 861; am. 2014, ch. 27, sec. 4, p. 38.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5106 - LIMIT ON PARTICIPATION.

33-5106. LIMIT ON PARTICIPATION. (1) If a pupil’s enrollment pursuant to this chapter decreases the pupil’s instructional time in the local school district to less than four (4) hours a day, the pupil shall nevertheless be counted as in local school district instructional time for four (4) hours a day for purposes of chapter 10, title 33, Idaho Code.
(2) A pupil who has completed course requirements for graduation but who has not received a diploma may participate in the program.
(3) A pupil who has graduated from high school cannot participate in the program.
History:
[33-5106, added 1997, ch. 283, sec. 1, p. 861; am. 1998, ch. 165, sec. 1, p. 559; am. 2014, ch. 27, sec. 5, p. 38.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5107 - ENROLLMENT PRIORITY.

33-5107. ENROLLMENT PRIORITY. A postsecondary institution shall give priority to its postsecondary students when enrolling secondary students in courses for secondary credit only. Once a pupil has been enrolled in a postsecondary course under the provisions of this chapter, the pupil shall not be displaced by another student.
History:
[33-5107, added 1997, ch. 283, sec. 1, p. 861; am. 2014, ch. 27, sec. 6, p. 39.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5109 - CREDITS.

33-5109. CREDITS. (1) A pupil may enroll in a course under the provisions of this chapter for secondary credit, for postsecondary credit or for dual credit. At the time a pupil enrolls in a course, the pupil shall designate the type of credit desired. A pupil taking several courses may designate some for secondary credit, some for postsecondary credit and some for dual credit.
(2) A school district shall grant academic or career technical credit, as applicable to the course, to a pupil enrolled in a course for secondary credit if the pupil successfully completes the course. Four (4) semester college credits equal at least one (1) full year (two (2) semester credits) of high school credit in that subject. Fewer college credits may be prorated.
(3) The secondary credits granted to a pupil shall be counted toward the graduation requirements and subject area requirements of the school district. Evidence of successful completion of each course and secondary credits granted shall be included in the pupil’s secondary school record. A pupil shall provide the school with a copy of the pupil’s grade in each course taken for secondary credit under the provisions of this chapter. Upon the request of a pupil, the pupil’s secondary school record shall also include evidence of successful completion and credits granted for a course taken for postsecondary credit. In either case, the record shall indicate that the credits were earned at a postsecondary institution.
(4) If a pupil enrolls in a postsecondary institution after leaving secondary school, the postsecondary institution shall award postsecondary credit for any course successfully completed for secondary credit at that institution. Other postsecondary institutions may award, after a pupil leaves secondary school, postsecondary credit for any courses successfully completed under the provisions of this chapter. An institution shall not charge a pupil for the award of credit.
(5) Postsecondary faculty instructing a course for postsecondary, secondary or dual credit shall not be required to obtain a certificate pursuant to chapter 12, title 33, Idaho Code, nor shall the postsecondary faculty be deemed an employee of a school district for any purpose under law.
History:
[33-5109, added 1997, ch. 283, sec. 1, p. 862; am. 1998, ch. 165, sec. 2, p. 560; am. 2017, ch. 88, sec. 2, p. 235.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 51 - POSTSECONDARY ENROLLMENT OPTIONS › Section 33-5110 - FINANCIAL ARRANGEMENTS.

33-5110. FINANCIAL ARRANGEMENTS. (1) For a pupil enrolled in a course under the provisions of this chapter, the school district may make payments or partial payments according to the provisions of this section for courses that were taken for secondary credit.
(2) The school district superintendent shall not make payments to a postsecondary institution for a course taken for postsecondary credit only. The district superintendent shall not make payments to a postsecondary institution for a course from which a student officially withdraws during the first fourteen (14) days of the semester or for courses for audit.
History:
[33-5110, added 1997, ch. 283, sec. 1, p. 862.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5202 - LEGISLATIVE INTENT.

33-5202. LEGISLATIVE INTENT. It is the intent of the legislature to provide opportunities for teachers, parents, students, and community members to establish and maintain public charter schools that operate independently from the existing traditional school district structure but within the existing public school system. In order to accomplish any of the following, public charter schools shall have equal access and authority to participate in all state and federal programs to the same extent as a traditional public school, irrespective of the instructional delivery method:
(1) Improve student learning;
(2) Increase learning opportunities for all students, with special emphasis on expanded learning experiences for students;
(3) Include the use of different and innovative teaching methods;
(4) Utilize virtual distance learning and online learning;
(5) Create new professional opportunities for teachers, including the opportunity to be responsible for the learning program at the school site;
(6) Provide parents and students with expanded choices in the types of educational opportunities that are available within the public school system;
(7) Hold the schools established under this chapter accountable for meeting measurable student educational standards.
History:
[33-5202, added 1998, ch. 92, sec. 1, p. 331; am. 2000, ch. 443, sec. 1, p. 1404; am. 2001, ch. 302, sec. 1, p. 1101; am. 2004, ch. 371, sec. 1, p. 1100; am. 2019, ch. 298, sec. 4, p. 883.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5204A - APPLICABILITY OF PROFESSIONAL CODES AND STANDARDS — LIMITATIONS UPON AUTHORITY.

33-5204A. APPLICABILITY OF PROFESSIONAL CODES AND STANDARDS — LIMITATIONS UPON AUTHORITY. (1) Every person who serves in a public charter school, either as an employee, contractor, or otherwise, in the capacity of teacher, supervisor, administrator, education specialist, school nurse or librarian, must comply with the professional codes and standards approved by the state board of education, including standards for ethics or conduct.
(2) Every employee of a public charter school and every member of the board of directors of a public charter school, whether compensated or noncompensated, shall comply with the standards of ethics or conduct applicable to public officials including, but not limited to, chapter 4, title 74, Idaho Code, except that section 74-405, Idaho Code, which permits a noncompensated public official to have an interest in a contract made or entered into by the board of which he is a member under certain conditions, shall not apply to the board of directors of a public charter school. A member of the board of directors of a public charter school is prohibited from receiving a personal pecuniary benefit, directly or indirectly, pertaining to a contractual relationship with the public charter school.
History:
[33-5204A, added 2004, ch. 371, sec. 5, p. 1104; am. 2015, ch. 141, sec. 72, p. 433.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5205A - TRANSFER OF CHARTER.

33-5205A. TRANSFER OF CHARTER. (1) A charter and performance certificate for a public charter school may be transferred to, and placed under the chartering authority of, any authorized chartering entity if the current authorizer, the receiving authorizer, and the board of directors of the public charter school all agree to such transfer, including any revision to the charter and performance certificate that may be required in connection with such transfer. Provided however, that a charter and performance certificate shall not be transferred to a school district board of trustees in which the public charter school is not physically located. A request to transfer a charter may be initiated by the board of directors of a public charter school or by the authorized chartering entity with chartering authority over the charter of such public charter school.
(2) A public charter school, authorized by any authorized chartering entity except a school district board of trustees, which has a primary attendance area located within more than one (1) school district, may transfer the physical location of its public charter school within its primary attendance area to locate the facilities within the boundaries of another school district within the primary attendance area if the authorized chartering entity, the board of trustees of each of the relevant school districts and the board of directors of the public charter school all approve of such transfer of facilities location, and if the authorized chartering entity approves any revisions to the charter that may be required in connection with such transfer.
(3) If all parties fail to reach agreement in regard to the request to transfer a charter and performance certificate, as required herein, then the matter may be appealed directly to the state board of education. With respect to such appeal, the state board of education shall substantially follow the procedure as provided in section 33-5207(5)(b), Idaho Code. A transferred charter school shall not be considered a new public charter school.
History:
[33-5205A, added 2005, ch. 376, sec. 5, p. 1208; am. 2008, ch. 171, sec. 1, p. 471; am. 2012, ch. 188, sec. 2, p. 500; am. 2013, ch. 343, sec. 5, p. 916.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5205B - PERFORMANCE CERTIFICATES.

33-5205B. PERFORMANCE CERTIFICATES. (1) Within seventy-five (75) days of approval of a charter application, the authorized chartering entity and the governing board of the approved public charter school shall execute a performance certificate that clearly sets forth the academic and operational performance expectations and measures by which the public charter school will be judged and the administrative relationship between the authorized chartering entity and public charter school, including each party’s rights and duties. The performance expectations and measures set forth in the performance certificate shall include but need not be limited to applicable federal and state accountability requirements, and shall take into consideration the actual and potential at-risk makeup of the student body population defined by the criteria set forth in section 33-1001(3)(a) and (b), Idaho Code, for all grade levels and economically disadvantaged students. The performance provisions may be refined or amended by mutual agreement after the public charter school is operating and has collected baseline achievement data for its enrolled students. A virtual school shall be deemed financially sufficient if there is an agreement that requires an education service provider to assume the virtual school’s financial risk when it does not have sufficient residual funds to pay the education service provider. Where this subsection is applicable, the education service provider shall make its audited financial statements available unless the education service provider already makes such audited financial statements publicly available for compliance with other federal or state laws.
(2) The performance certificate shall be signed by the president of the authorized chartering entity’s governing board and the president of the public charter school’s governing body. Within fourteen (14) days of executing a performance certificate, the authorized chartering entity shall submit to the state board of education written notification of the performance certificate execution, including a copy of the performance certificate.
(3) No public charter school may commence operations without a performance certificate executed in accordance with this provision and approved in an open meeting of the authorized chartering entity’s governing board.
(4) All public charter schools approved prior to July 1, 2013, shall execute performance certificates with their authorizers no later than July 1, 2014. Such certificates shall ensure that each public charter school approved prior to July 1, 2014, is evaluated for renewal or nonrenewal between March 1, 2016, and March 1, 2019.
History:
[33-5205B, added 2013, ch. 343, sec. 6, p. 917; am. 2023, ch. 268, sec. 4, p. 803.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5209A - ACCOUNTABILITY.

33-5209A. ACCOUNTABILITY. (1) Performance framework. The performance provisions within the performance certificate shall be based upon a performance framework that clearly sets forth the academic and operational performance indicators, measures and metrics that will guide the authorized chartering entity’s evaluations of each public charter school. The performance framework shall include indicators, measures and metrics for, at a minimum:
(a) Student academic proficiency;
(b) Student academic growth;
(c) College and career readiness (for high schools);
(d) The actual and potential at-risk makeup of the student body population defined by the criteria set forth in section 33-1001(3)(a) and (b), Idaho Code, for all grade levels and economically disadvantaged students; and
(e) Board performance and stewardship, including compliance with all applicable laws, regulations and terms of the performance certificate.
(2) Measurable performance targets shall be set by each charter holder for each public charter school for which it holds a charter in conjunction with its authorized chartering entity and shall, at a minimum, require that each school meet applicable federal, state and authorized chartering entity goals for student achievement.
(3) For each public charter school it oversees, the authorized chartering entity shall be responsible for analyzing and reporting all data from state assessments in accordance with the performance framework.
History:
[33-5209A, added 2013, ch. 343, sec. 11, p. 922; am. 2016, ch. 271, sec. 10, p. 746; am. 2021, ch. 181, sec. 1, p. 500; am. 2023, ch. 268, sec. 6, p. 808.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5210 - APPLICATION OF SCHOOL LAW — ACCOUNTABILITY — EXEMPTION FROM STATE RULES.

33-5210. APPLICATION OF SCHOOL LAW — ACCOUNTABILITY — EXEMPTION FROM STATE RULES. (1) All public charter schools are under the general supervision of the state board of education.
(2) Every authorized chartering entity that approves a charter shall be responsible for ensuring that each public charter school program approved by that authorized chartering entity meets the terms of the charter, complies with the general education laws of the state unless specifically directed otherwise in this chapter, and operates in accordance with the state educational standards of thoroughness pursuant to section 33-1612, Idaho Code.
(3) Each public charter school shall comply with the financial reporting requirements of section 33-701, subsections 5. through 10., Idaho Code, in the same manner as those requirements are imposed upon school districts and with laws governing safety including, but not limited to, sections 33-122 and 33-130, Idaho Code, and chapter 2, title 33, Idaho Code, and rules promulgated thereunder.
(4) Other than as specified in this section, each public charter school is exempt from rules governing school districts, which rules have been promulgated by the state board of education, with the exception of state rules relating to:
(a) Teacher certification as necessitated by the provisions of section 33-5206(3) and (4), Idaho Code;
(b) Accreditation of the school as necessitated by the provisions of section 33-5206(14), Idaho Code;
(c) Qualifications of a student for attendance at an alternative school as necessitated by the provisions of section 33-5208(3), Idaho Code;
(d) Rules promulgated pursuant to section 33-1612, Idaho Code; and
(e) All rules that specifically pertain to public charter schools promulgated by the state board of education.
History:
[33-5210, added 1998, ch. 92, sec. 1, p. 337; am. 1999, ch. 244, sec. 6, p. 629; am. 2000, ch. 278, sec. 1, p. 901; am. 2002, ch. 110, sec. 1, p. 309; am. 2004, ch. 371, sec. 10, p. 1111; am. 2005, ch. 376, sec. 10, p. 1215; am. 2012, ch. 188, sec. 7, p. 506; am. 2016, ch. 271, sec. 13, p. 748; am. 2017, ch. 249, sec. 4, p. 618; am. 2022, ch. 192, sec. 3, p. 633.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5211 - TECHNICAL SUPPORT AND INFORMATION.

33-5211. TECHNICAL SUPPORT AND INFORMATION. (1) Upon request, the state department of education shall provide technical assistance to persons or authorized chartering entities preparing or reviewing charter petitions or performance certificates, and to existing public charter schools in the same manner as such assistance is provided to traditional public schools and school districts.
(2) Upon request, the state department of education shall provide the following information concerning a public charter school whose petition has been approved:
(a) The public charter school’s charter and performance certificate;
(b) The annual audit performed at the public charter school pursuant to the public charter school petition; and
(c) Any written report by the state board of education to the legislature reviewing the educational effectiveness of public charter schools.
(3) At least one (1) person among a group of petitioners of a prospective public charter school shall attend, in person or electronically, a public charter school workshop offered by the state department of education. The state department of education shall provide notice of dates and locations when workshops will be held, shall make earlier recorded workshops available electronically and shall provide proof of attendance to workshop attendees.
History:
[33-5211, added 1998, ch. 92, sec. 1, p. 337; am. 2001, ch. 188, sec. 1, p. 651; am. 2004, ch. 371, sec. 11, p. 1111; am. 2012, ch. 188, sec. 8, p. 507; am. 2013, ch. 343, sec. 14, p. 925; am. 2017, ch. 249, sec. 5, p. 619.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5212 - SCHOOL CLOSURE AND DISSOLUTION.

33-5212. SCHOOL CLOSURE AND DISSOLUTION. (1) Prior to any public charter school closure decision, an authorized chartering entity shall have developed a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property and assets in accordance with the requirements of this chapter. The protocol shall specify tasks, timelines and responsible parties, including delineating the respective duties of the school and the authorized chartering entity. In the event of a public charter school closure for any reason, the authorized chartering entity shall oversee and work with the closing school to ensure a smooth and orderly closure and transition for students and parents, as guided by the closure protocol. The closing school’s board of directors shall be responsible for executing the school’s closure.
(2) In the event of a public charter school closure for any reason, the assets of the school shall be distributed first to satisfy outstanding payroll obligations for employees of the school, including any tax, public employee retirement system and other employee benefit obligations, then to creditors of the school, and then to the authorized chartering entity in the case of a public charter school authorized by the board of a local school district. In the case of a public charter school authorized by any other authorized chartering entity, any remaining assets shall be distributed to the public school income fund. Assets purchased using federal funds shall be returned to the authorized chartering entity for redistribution among other public charter schools. If the assets of the school are insufficient to pay all parties to whom the school owes compensation, the prioritization of the distribution of assets may be determined by decree of a court of law.
History:
[33-5212, added 2013, ch. 343, sec. 15, p. 926.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5214 - PUBLIC CHARTER SCHOOL AUTHORIZERS FUND.

33-5214. PUBLIC CHARTER SCHOOL AUTHORIZERS FUND. There is hereby created in the state treasury a fund to be known as the "Public Charter School Authorizers Fund," hereinafter referred to as "the fund." All authorizer fees paid pursuant to section 33-5208(8), Idaho Code, for public charter schools under the governance of the public charter school commission shall be deposited in the fund. Moneys in the fund shall be appropriated to defray the commission’s cost of operations and the state department of education’s cost of reviewing, approving and overseeing any charter school authorizers requiring department approval.
History:
[33-5214, added 2013, ch. 342, sec. 3, p. 906.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 52 - PUBLIC CHARTER SCHOOLS › Section 33-5215 - CAREER TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL.

33-5215. CAREER TECHNICAL REGIONAL PUBLIC CHARTER SCHOOL. (1) A career technical regional public charter school is hereby declared to be a public charter school and, as such, the provisions of chapter 52, title 33, Idaho Code, shall apply to each career technical regional public charter school in the same manner and to the same extent as the provisions of charter school law apply to other public charter schools, with the exception of certain conditions and applications as specifically provided in this section. The provisions of section 33-1002G, Idaho Code, apply to career technical regional public charter schools.
(2) In addition to the approval provisions of this chapter, approval of a career technical regional public charter school by an authorized chartering entity shall not be final until the petition has also been reviewed by the division of career technical education.
(3) Funding for a career technical regional public charter school shall be the same as provided in section 33-5208, Idaho Code, except that:
(a) The salary-based apportionment for a career technical regional public charter school shall be the statewide average for public charter schools. Such salary-based apportionment may be used for payment of contracted services or for direct hire of staff;
(b) The board of directors may contract for the services of certificated and noncertificated personnel, to procure the use of facilities and equipment, and to purchase materials and equipment that in the judgment of the board of directors is necessary or desirable for the conduct of the business of the career technical regional public charter school; and
(c) Transportation support shall be paid to the career technical regional public charter school in accordance with the provisions of chapter 15, title 33, Idaho Code.
(4) A career technical regional public charter school shall provide assurances in state attendance reports that it has verified attendance reports, which generate ADA claims with its participating school districts, to make certain that the districts and the charter school do not duplicate enrollment or ADA claims.
History:
[33-5215, added 2007, ch. 246, sec. 2, p. 725; am. 2016, ch. 25, sec. 36, p. 55; am. 2016, ch. 245, sec. 10, p. 655; am. 2023, ch. 271, sec. 2, p. 815.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5302 - DEFINITIONS.

33-5302. DEFINITIONS. (1) "Board" means the board of trustees of a school district, including a specially chartered district, existing now or later under the laws of the state.
(2) "Bond" means any general obligation bond or refunding bond issued after the effective date of this chapter.
(3) "Default avoidance program" means the school bond guaranty program established by this chapter.
(4) "General obligation bond" means any bond, note, warrant, certificate of indebtedness, or other obligation of a board payable in whole or in part from revenues derived from property taxes and that constitutes an indebtedness within the meaning of any applicable constitutional or statutory debt limitation.
(5) "Paying agent" means the corporate paying agent selected by the board for a bond issue who is:
(a) Duly qualified; and
(b) Acceptable to the state treasurer.
(6) "Public school guarantee fund" means the fund described in section 2, article VIII, of the constitution of the state of Idaho and section 33-5309, Idaho Code.
(7) "Refunding bond" means any general obligation bond issued by a board for the purpose of refunding its outstanding general obligation bonds.
(8) "School district" means any school district, including a specially chartered district, existing now or later under the laws of the state.
History:
[33-5302, added 1999, ch. 328, sec. 1, p. 840.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5303 - STATE’S GUARANTY — MONITORING OF FINANCIAL SOLVENCY CONTRACT WITH BONDHOLDERS — GUARANTY — LIMITATION AS TO CERTAIN REFUNDED BONDS.

33-5303. STATE’S GUARANTY — MONITORING OF FINANCIAL SOLVENCY CONTRACT WITH BONDHOLDERS — GUARANTY — LIMITATION AS TO CERTAIN REFUNDED BONDS.
(1) (a) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair, or limit the rights vested by the default avoidance program with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.
(b) Notwithstanding paragraph (a) of this subsection, nothing contained in this chapter precludes an alteration, impairment, or limitation if adequate provision is made by law for the protection of the holders of the bonds.
(c) Each school district may refer to this pledge and undertaking by the state in its bonds.
(2) (a) The sales tax of the state is pledged to guarantee full and timely payment of the principal of, either at the stated maturity or by any advancement of maturity pursuant to a mandatory sinking fund payment, and interest on, refunding bonds issued on and after March 1, 1999, for voter-approved bonds which were voted on by the electorate prior to March 1, 1999, and voter-approved bonds which were voted on by the electorate on and after March 1, 1999, as such payments shall become due, except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration.
(b) This guaranty does not extend to the payment of any redemption premium.
(c) Reference to this chapter by its title on the face of any bond conclusively establishes the guaranty provided to that bond under provisions of this chapter.
(3) (a) Any bond guaranteed under this chapter that is currently refunded and considered paid for no longer has the benefit of the guaranty provided by this chapter from and after the date on which that bond was considered to be paid.
(b) In accordance with section 57-504(7), Idaho Code, any bond guaranteed under this chapter that is advance refunded and is itself secured by bond proceeds held in escrow no longer has the benefit of the guaranty provided by this chapter from and after the date on which the proceeds from the advance refunding have been placed in an irrevocable escrow.
(4) Only validly issued bonds issued after the effective date of this chapter are guaranteed under this chapter.
History:
[33-5303, added 1999, ch. 328, sec. 1, p. 841; am. 2002, ch. 305, sec. 1, p. 869; am. 2007, ch. 89, sec. 2, p. 244; am. 2009, ch. 185, sec. 1, p. 601; am. 2016, ch. 159, sec. 1, p. 442.]