reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5306 - PAYING AGENT TO PROVIDE NOTICE — STATE TREASURER TO EXECUTE TRANSFER TO PAYING AGENTS — EFFECT OF TRANSFER.

33-5306. PAYING AGENT TO PROVIDE NOTICE — STATE TREASURER TO EXECUTE TRANSFER TO PAYING AGENTS — EFFECT OF TRANSFER.
(1) (a) The superintendent of each school district with outstanding, unpaid bonds shall transfer moneys sufficient for the scheduled debt service payment to its paying agent at least fifteen (15) days before any principal or interest payment date for the bonds.
(b) The paying agent may, if instructed to do so by the superintendent, invest the moneys at the risk and for the benefit of the school district until the payment date.
(c) A superintendent who is unable to transfer the scheduled debt service payment to the paying agent fifteen (15) days before the payment date shall immediately notify the paying agent and the state treasurer as set forth in the procedures for notice under the provisions of this chapter established by the state treasurer.
(2) If sufficient funds are not transferred to the paying agent as required by subsection (1) of this section, the paying agent shall notify the state treasurer of that failure in writing at least ten (10) days before the scheduled debt service payment date as set forth in the procedures for notice under the provisions of this chapter established by the state treasurer.
(3) (a) If sufficient moneys to pay the scheduled debt service payment have not been transferred to the paying agent, the state treasurer shall, on or before the scheduled payment date, gather sufficient moneys to make the scheduled debt service payment as set forth in section 33-5308, Idaho Code, and transfer such moneys to the paying agent.
(b) The payment by the treasurer:
(i) Discharges the obligation of the issuing school district to its bondholders for the payment; and
(ii) Transfers the rights represented by the general obligation of the school district from the bondholders to the state.
(c) The school district shall pay the transferred obligation to the state as provided in this chapter.
History:
[33-5306, added 1999, ch. 328, sec. 1, p. 843; am. 2010, ch. 295, sec. 2, p. 796.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5308 - BACKUP LIQUIDITY ARRANGEMENTS.

33-5308. BACKUP LIQUIDITY ARRANGEMENTS. (1) If, at the time the state is required to make a debt service payment under its guaranty on behalf of a school district, sufficient moneys of the state are not on hand and available for that purpose, the state treasurer shall gather sufficient funds to make the debt service payment by using one (1) or more of the following:
(a) Intercepting all or a portion of any payments from any source of operating moneys provided by the state to the school district that issued the bonds that would otherwise be paid to the school district by the state;
(b) Requesting the state controller transfer to the public school guarantee fund established by section 33-5309, Idaho Code, moneys from the state general fund established by section 67-1205, Idaho Code, representing sales tax receipts of the state in an amount not to exceed the scheduled debt service payment and using such funds to make all or a portion of the required payment;
(c) Issuing state notes, subject to the terms of section 33-5308A, Idaho Code; or
(d) Negotiating a voluntary loan from funds administered by the endowment fund investment board to make all or a portion of the required payment, provided that nothing in this subsection (1)(d) requires the endowment fund investment board to lend moneys to the state treasurer.
(2) The state has no obligation to the school district or to any person or entity to replace any moneys intercepted under the authority of this section. Any school district whose operating funds were intercepted pursuant to this section may replace those funds from other school district moneys or from property taxes, subject to the limitations provided in section 33-5307, Idaho Code.
(3) If the sources of funds set forth in subsection (1) of this section are insufficient to make a debt service payment and the school district bond is guaranteed by the credit enhancement program established pursuant to section 57-728, Idaho Code, the state treasurer shall make a request for the purchase of notes in the amount of the deficiency by the endowment fund investment board on behalf of the public school endowment as set forth in section 57-728, Idaho Code.
History:
[33-5308, added 1999, ch. 328, sec. 1, p. 846; am. 2010, ch. 295, sec. 3, p. 797.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5309 - UNLIMITED SALES TAX RECEIPTS PLEDGE — STATE CONTROLLER DUTIES.

33-5309. UNLIMITED SALES TAX RECEIPTS PLEDGE — STATE CONTROLLER DUTIES.
(1) (a) There is hereby created in the state treasury the public school guarantee fund. Moneys in the fund shall be used only for payment of debt service payments under the provisions of this chapter, repayment of borrowing undertaken under the provisions of this chapter, to repay state funds used to make debt service payments under the provisions of this chapter, or as provided in section 33-5308, Idaho Code. Earnings of the public school guarantee fund shall be deposited into the general fund established by section 67-1205, Idaho Code. If moneys expected to be intercepted under this chapter are projected to be insufficient to make a debt service payment pursuant to section 33-5308, Idaho Code, to reimburse the state for its payments of school districts’ scheduled debt service payments or it is necessary for the state treasurer to borrow as provided in this chapter and amounts to be intercepted under this chapter are expected to be insufficient to timely pay the general obligation notes issued or other borrowing undertaken under section 33-5308, Idaho Code, the state treasurer shall certify to and give notice to the state controller of the amount of the deficiency.
(b) After receipt of that certified notice from the state treasurer, the state controller shall cause moneys representing state sales tax receipts to be transferred from the general fund established by section 67-1205, Idaho Code, and deposited in the public school guarantee fund in the amount of the deficiency certified by the state treasurer.
(2) To the extent that other legally available revenues and funds of the state are insufficient to meet the certified deficiency, the state tax commission shall transfer moneys from the sales tax account as set forth in section 63-3638, Idaho Code.
History:
[33-5309, added 1999, ch. 328, sec. 1, p. 847; am. 2010, ch. 295, sec. 5, p. 800.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 53 - IDAHO SCHOOL BOND GUARANTY ACT › Section 33-5310 - CREDIT ENHANCEMENT PROGRAM.

33-5310. CREDIT ENHANCEMENT PROGRAM. If approved to participate in the Idaho school bond guaranty program established in this chapter, a school district may also seek credit enhancement, as authorized pursuant to section 57-728, Idaho Code, by applying therefor pursuant to section 57-728(3), Idaho Code.
History:
[33-5310, added 1999, ch. 328, sec. 1, p. 848; am. 2009, ch. 185, sec. 5, p. 605.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5401 - DEFINITIONS.

33-5401. DEFINITIONS. As used in this chapter, the following terms have the following meanings unless the context clearly denotes otherwise:
(1) "Account" means an individual trust account or savings account established as prescribed in this chapter.
(2) "Account owner" means the person or state or local government organization designated in the agreement governing the account as having the right to withdraw moneys from the account before the account is disbursed to or for the benefit of the designated beneficiary.
(3) "Board" means the state college savings program board created in section 33-5402, Idaho Code.
(4) "Designated beneficiary," except as provided in section 33-5404, Idaho Code, means, with respect to an account, the individual designated at the time the account is opened as the individual whose higher education expenses are expected to be paid from the account or, if this designated beneficiary is replaced in accordance with section 33-5404, Idaho Code, the replacement beneficiary.
(5) "Eligible educational institution" shall have the meaning provided in 26 U.S.C. 529.
(6) "Financial institution" means any state bank, national bank, savings bank, savings and loan association, credit union, insurance company, brokerage firm, trust company, mutual fund, investment firm or other similar entity that is authorized to do business in this state.
(7) "Member of the family" shall have the meaning as provided in 26 U.S.C. 529.
(8) "Nonqualified withdrawal" means a withdrawal from an account that is subject to additional tax arising from the withdrawal under the Internal Revenue Code, as defined in section 63-3004, Idaho Code. For the purpose of section 63-3022(o), Idaho Code, the amount of a nonqualified withdrawal from an account means the entire amount of the withdrawal, less any portion of the withdrawal that is a qualified withdrawal.
(9) "Person" means an individual, a trust, an estate, a partnership, an association, a foundation, a guardianship, a corporation, or a custodian under the Idaho uniform transfers to minors act.
(10) "Program" means one (1) or more college savings programs established under this chapter.
(11) "Qualified higher education expenses" shall have the meaning provided in 26 U.S.C. 529.
(12) "Qualified withdrawal" means a withdrawal from an account used for qualified higher education expenses of the designated beneficiary of the account, but only if the withdrawal is made in accordance with this chapter.
History:
[33-5401, added 2000, ch. 213, sec. 1, p. 573; am. 2002, ch. 50, sec. 1, p. 113; am. 2003, ch. 5, sec. 1, p. 10; am. 2008, ch. 275, sec. 1, p. 783; am. 2013, ch. 110, sec. 1, p. 260; am. 2018, ch. 46, sec. 7, p. 117; am. 2020, ch. 245, sec. 1, p. 716.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5402 - STATE COLLEGE SAVINGS PROGRAM BOARD — COLLEGE SAVINGS PROGRAM — POWERS AND DUTIES.

33-5402. STATE COLLEGE SAVINGS PROGRAM BOARD — COLLEGE SAVINGS PROGRAM — POWERS AND DUTIES. There is hereby created the state college savings program board. The board shall consist of the state treasurer or his designee who shall serve as chair, the governor or designee, the state controller or designee, the attorney general or designee, the superintendent of public instruction or designee, and the secretary of state or designee. A quorum shall be necessary to transact business. Members of the board shall be compensated by their appointing entity. The state college savings program board shall:
(1) Develop and implement the program in a manner consistent with this chapter through the adoption of rules, guidelines and procedures;
(2) Retain professional services, if necessary, including accountants, auditors, consultants and other experts;
(3) Seek rulings and other guidance from the United States department of the treasury, the internal revenue service and the state tax commission relating to the program;
(4) Make changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended;
(5) Interpret, in rules, policies, guidelines and procedures, the provisions of this chapter broadly in light of its purpose and objectives;
(6) Charge, impose and collect administrative fees and service charges in connection with any agreement, contract or transaction relating to the program;
(7) Select the depositories and act as or select managers of the program in accordance with this chapter;
(8) Enter into contracts, within the limit of funds available therefor, acquire services and personal property, and do and perform any acts that may be necessary in the administration of the program. As a board comprised of elected officials, the board shall be exempt from the provisions of the procurement statutes and shall not be an agency as defined in section 67-9203, Idaho Code;
(9) Establish, in its discretion, a trust or other method of segregating the funds of participants in the program from the general funds of the state, the funds of the board and the funds of the members of the board;
(10) Administer the program and any trust established by the board as instrumentalities of the state under section 529 of the Internal Revenue Code of 1986, as amended, and the federal securities law, including the securities act of 1933, as amended, the trust indenture act of 1939, as amended, and the investment company act of 1940, as amended;
(11) Employ and at its pleasure discharge an executive director and such other employees necessary in the administration of the program. Employees of the board shall be nonclassified exempt employees pursuant to the provisions of chapter 53, title 67, Idaho Code.
History:
[33-5402, added 2000, ch. 213, sec. 1, p. 574; am. 2008, ch. 275, sec. 2, p. 784; am. 2013, ch. 110, sec. 2, p. 260; am. 2016, ch. 289, sec. 9, p. 810.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5403 - ADMINISTRATION OF THE PROGRAM.

33-5403. ADMINISTRATION OF THE PROGRAM. (1) The board shall implement the program through its staff, agreements with one (1) or more financial institutions engaged to act as the program’s depositories and managers, or through agreements with any public entity or agency, including depository, investment or management relationships with other 529 plans or entities.
(2) The board shall implement the program and manage any trust established by the board consistent with sound financial principles and to obtain the federal income tax benefits or treatment provided by section 529 of the Internal Revenue Code of 1986, as amended.
(3) Any financial institution engaged by the board shall hold each account in trust for the benefit of this state and the account owner.
(4) The board may delegate to the office of a board member any of its administrative powers and duties, if the board determines that such delegation is necessary for the efficient and effective administration of the program and the board member accepts the delegation. Administrative powers and duties include payroll processing, routine public contacts and public records maintenance. The board member shall be compensated for administrative activities pursuant to section 33-5409, Idaho Code.
History:
[33-5403, added 2000, ch. 213, sec. 1, p. 575; am. 2007, ch. 170, sec. 1, p. 501; am. 2013, ch. 110, sec. 3, p. 261.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5405 - TAXATION TO BENEFICIARY.

33-5405. TAXATION TO BENEFICIARY. The designated beneficiary, as defined in section 529(e)(1) of the Internal Revenue Code, from an individual trust account or savings account established under this chapter is liable for taxes that may accrue under chapter 30, title 63, Idaho Code, when a nonqualified withdrawal is received by the designated beneficiary.
History:
[33-5405, added 2000, ch. 213, sec. 1, p. 580; am. 2020, ch. 245, sec. 3, p. 719.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5406 - SCHOLARSHIPS AND FINANCIAL AID PROVISIONS.

33-5406. SCHOLARSHIPS AND FINANCIAL AID PROVISIONS. (1) Any student loan program, student grant program or other financial assistance program established or administered by this state shall treat the balance in an account of which the student is a designated beneficiary as if it were an asset of the parent of the designated beneficiary and not as a scholarship or grant or as an asset of the student for determining a student’s or parent’s income, assets or financial need.
(2) Subsection (1) of this section applies to any financial assistance program administered by a state-supported college or university.
(3) Subsections (1) and (2) of this section do not apply if any of the following conditions exist:
(a) Federal law requires all or a portion of the amount in an account to be taken into account in a different manner;
(b) Federal benefits could be lost if all or a portion of the amount in an account is not taken into account in a different manner;
(c) A specific grant establishing a financial assistance program requires that all or a portion of the amount in an account be taken into account.
History:
[33-5406, added 2000, ch. 213, sec. 1, p. 580.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5407 - LIMITATIONS OF CHAPTER.

33-5407. LIMITATIONS OF CHAPTER. (1) Nothing in this chapter shall be construed to:
(a) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner;
(b) Guarantee that a designated beneficiary will be admitted to an eligible education institution or be allowed to continue enrollment at or graduate from an eligible education institution located in this state after admission;
(c) Establish state residency for a person merely because the person is a designated beneficiary;
(d) Guarantee that amounts saved pursuant to the program will be sufficient to cover the qualified higher education expenses of a designated beneficiary.
(2) Nothing in this chapter establishes any obligation of this state or any agency or instrumentality of this state to guarantee for the benefit of any account owner, contributor to an account or designated beneficiary any of the following:
(a) The return of any amounts contributed to an account;
(b) The rate of interest or other return on any account;
(c) The payment of interest or other return on any account;
(d) Tuition rates or the cost of related higher education expenditures.
(3) Under policies adopted by the board, every contract, application, deposit slip or other similar document that may be used in connection with a contribution to an account shall clearly indicate that the account is not insured by this state and neither the principal deposited nor the investment return is guaranteed by this state.
History:
[33-5407, added 2000, ch. 213, sec. 1, p. 580; am. 2008, ch. 275, sec. 4, p. 787.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5408 - ANNUAL REPORT.

33-5408. ANNUAL REPORT. The board shall submit an annual report to the speaker of the house of representatives and the president pro tempore of the senate by February 1 that summarizes the board’s findings and recommendations concerning the program established by this chapter.
History:
[33-5408, added 2000, ch. 213, sec. 1, p. 581.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5409 - COLLEGE SAVINGS FUND.

33-5409. COLLEGE SAVINGS FUND. (1) There is hereby created in the state treasury the "College Savings Fund" to which shall be credited:
(a) Administrative fees and service charges in connection with any agreement, contract or transaction related to the college savings program;
(b) Fees and charges collected to cover costs associated with the powers and duties of the board as required in section 33-5402, Idaho Code;
(c) Interest earned on the investment of idle moneys in the fund, which shall be paid to the fund; and
(d) All other moneys as may be provided by law.
(2) Moneys in the fund shall be continuously appropriated to the board, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund.
(3) Moneys in the fund shall only be used to effect the purposes of this chapter, pursuant to the provisions as prescribed herein. The office of a board member is authorized to receive a portion of the moneys approved by the board to defray costs associated with the implementation, administration and oversight of the college savings program, including the administrative activities delegated pursuant to section 33-5403, Idaho Code.
History:
[33-5409, added 2007, ch. 225, sec. 1, p. 678; am. 2013, ch. 110, sec. 5, p. 265.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 54 - COLLEGE SAVINGS PROGRAM › Section 33-5410 - UNCLAIMED ACCOUNTS.

33-5410. UNCLAIMED ACCOUNTS. (1) Except as set forth in this section, unclaimed accounts shall be subject to the provisions of section 14-512(1), Idaho Code.
(2) The date upon which the account owner is deemed to have last communicated that the owner is currently aware of his interest in the account shall not occur prior to the eighteenth birthday of the designated beneficiary.
(3) Upon receipt of a certificate of exemption from the state treasurer or his authorized agent or employee, the board may assume the responsibilities of the state treasurer under chapter 5, title 14, Idaho Code. Under a certificate of exemption, the board:
(a) Shall locate unclaimed accounts and refund the same to its rightful owner according to the provisions of chapter 5, title 14, Idaho Code, and the terms of the certificate of exemption.
(b) Shall retain the unclaimed account under the terms and provisions of the program.
(c) May maintain the investments selected by the account owner or establish an investment policy for all unclaimed accounts. The owner and designated beneficiary of an unclaimed account shall have no claim against the state or any agency or instrumentality of this state for retention of the account owner’s investment selection or for compliance with an investment policy for unclaimed accounts.
(4) In the event the board fails to comply with the requirements of this section, the state treasurer may revoke the certificate of exemption, and the board shall transfer all unclaimed accounts and records to the state treasurer as required by chapter 5, title 14, Idaho Code.
History:
[33-5410, added 2008, ch. 275, sec. 5, p. 787; am. 2016, ch. 91, sec. 1, p. 281.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5501 - SHORT TITLE.

33-5501. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Digital Learning Academy Act of 2002."
History:
[33-5501, added 2002, ch. 105, sec. 1, p. 285.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5502 - CREATION — LEGISLATIVE FINDINGS — GOAL.

33-5502. CREATION — LEGISLATIVE FINDINGS — GOAL. (1) There is hereby created the Idaho digital learning academy, a public school-choice learning environment which joins the best technology with the best instructional practices. The Idaho digital learning academy as provided for in this chapter, is not a single department of state government unto itself, nor is it a part of any of the twenty (20) departments of state government authorized by section 20, article IV, of the constitution of the state of Idaho, or of the departments prescribed in section 67-2402, Idaho Code. It is legislative intent that the Idaho digital learning academy operate and be recognized not as a state agency or department, but as a governmental entity whose creation has been authorized by the state, much in the manner as other single purpose districts.
(2) The legislature finds that it is in the best public interest to create the Idaho digital learning academy based on findings that indicate:
(a) Technology continues to impact all facets of life, including the education of students of school age and adult learners;
(b) Systems for delivery of education are as diverse as the learners;
(c) Public school systems are seeking high quality educational choices within the public system, and are aligning curriculum and assessment with state achievement standards; and
(d) The development of a comprehensive digital learning environment is cost prohibitive for individual school districts.
(3) The goal of the digital learning academy is to provide choice, accessibility, flexibility, quality and equity in curricular offerings for students in this state.
History:
[33-5502, added 2002, ch. 105, sec. 1, p. 285; am. 2005, ch. 132, sec. 1, p. 420; am. 2008, ch. 119, sec. 1, p. 333.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5504B - EXPENDITURES — BUDGET.

33-5504B. EXPENDITURES — BUDGET. (1) There is hereby created in the state treasury the Idaho digital learning academy fund. The fund shall consist of appropriations, fees, grants, gifts or moneys from any other source. The state treasurer shall invest all idle moneys in the fund and interest earned on such investments shall be retained by the fund.
(2) On or before the first Monday in July, there will be held at the time and place determined by the Idaho digital learning academy board, a budget meeting and public hearing upon the proposed budget of the Idaho digital learning academy. Notice of the budget meeting and public hearing shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place to be determined by the Idaho digital learning academy board of directors. The place, hour and day of the hearing shall be specified in the notice, as well as the place where such budget may be examined prior to the hearing. On or before the first Monday in July a budget for the Idaho digital learning academy shall be agreed upon and approved by the majority of the Idaho digital learning academy board of directors.
History:
[33-5504B, added 2008, ch. 119, sec. 5, p. 337.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5505 - DEFINITIONS.

33-5505. DEFINITIONS. As used in this chapter:
(1) "Academy board," also referred to in this chapter as "the board" means the board of directors of the Idaho digital learning academy as such board is created in section 33-5503, Idaho Code.
(2) "Host district" means an Idaho school district where the fiscal operations of the Idaho digital learning academy are housed until January 1, 2009.
(3) "Idaho digital learning academy" means an online educational program organized as a fully accredited school with statewide capabilities for delivering accredited courses to Idaho resident students at no cost to the student unless the student enrolls in additional courses beyond full-time enrollment. Participation in the academy by public school students shall be in compliance with academy and local school district policies. Adult learners and out-of-state students shall pay tuition commensurate with rates established by the state board with the advice of the superintendent, and such funds shall be included in the budget and audit of the academy’s fiscal records.
(4) "State board" means the Idaho state board of education. The board is authorized and directed, with the advice and recommendation of the academy board of directors, to promulgate rules to implement the provisions of this chapter.
(5) "Superintendent" means the Idaho state superintendent of public instruction.
History:
[33-5505, added 2002, ch. 105, sec. 1, p. 287; am. 2003, ch. 306, sec. 2, p. 842; am. 2005, ch. 132, sec. 3, p. 422; am. 2008, ch. 119, sec. 6, p. 337.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5506 - COURSES — DEVELOPMENT — BROKERED — CREDIT — ACCREDITATION.

33-5506. COURSES — DEVELOPMENT — BROKERED — CREDIT — ACCREDITATION. Online courses shall reflect state of the art in multimedia-based digital learning. Courses offered shall be of high quality in appearance and presentation, and shall be designed to meet the needs of all students regardless of the student’s level of learning.
(1) All courses developed under the auspices of the academy are the property of the academy. Courses may be developed by qualified Idaho teachers who possess the necessary technical background and instructional expertise. Such persons may also be hired to deliver the course online. Nothing shall prevent the board from providing additional training to teachers in the development and online delivery of courses.
(2) At the discretion of the board with consideration for necessity, convenience and cost effectiveness, brokered courses developed by outside sources may be obtained for use by the academy; however, such courses shall be taught online by Idaho teachers unless special circumstances require a waiver of this requirement.
(3) Grade percentages in courses shall be based on such criteria as mastery of the subject, demonstrated competency, and meeting the standards set for each course.
(4) All courses shall meet criteria established by the state of Idaho as necessary for accreditation of the academy.
History:
[33-5506, added 2002, ch. 105, sec. 1, p. 287; am. 2008, ch. 119, sec. 7, p. 338.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5507 - REGISTRATION — ACCOUNTABILITY.

33-5507. REGISTRATION — ACCOUNTABILITY. (1) A student may register with the academy upon recommendation from a traditional school counselor or administrator, or may register directly with the academy if there is no current public school affiliation. However, in order for coursework completed through the academy to be recorded on the student’s transcript, the student shall indicate which school is to receive and record credits earned.
(2) Students who register for courses shall provide the name of a responsible adult who shall be the contact person for the academy in situations which require consultation regarding the student’s conduct and performance. A designated responsible adult for students with a school affiliation may be a teacher, a counselor or a distance learning coordinator. For home schooled students, a parent or guardian may be designated.
(3) Policies of accountability as established by rule of the state board shall address the special conditions which exist in an environment where there is reduced face-to-face contact between student and teacher; where students access courses at any time of day, from any location and at the student’s own pace; where online etiquette and ethics should be clearly understood and required of all participants; and where all students’ participation is monitored by online teachers and academy personnel.
(4) Policies shall be established by rule of the state board for student-related issues including taking exams, proctored or unproctored; ensuring that the work is being done by the student; and ensuring that ethical conduct and proper etiquette are always observed by all participants.
History:
[33-5507, added 2002, ch. 105, sec. 1, p. 288; am. 2005, ch. 132, sec. 4, p. 422; am. 2008, ch. 119, sec. 8, p. 338.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5508 - FUNDING.

33-5508. FUNDING. (1) Funding for the infrastructure of the program shall be provided pursuant to section 33-1020, Idaho Code. The superintendent shall disburse the funds to the Idaho digital learning academy board of directors who shall use the moneys to develop courses and maintain operations of the academy.
(2) Additional funding for course offerings through the Idaho digital learning academy shall be added to the Idaho digital learning academy budget by charging fees to the school districts for student participation. These fees shall be established annually by the Idaho digital learning academy board of directors and shall reflect the various types of course offerings available. Fees for summer school and professional development offerings to students and adults shall also be established by the Idaho digital learning academy board of directors.
History:
[33-5508, added 2002, ch. 105, sec. 1, p. 288; am. 2003, ch. 306, sec. 3, p. 843; am. 2007, ch. 353, sec. 13, p. 1049.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 55 - IDAHO DIGITAL LEARNING ACADEMY › Section 33-5509 - DIGITAL LEARNING ACADEMY A STATE DEPARTMENT FOR PURPOSES OF RISK MANAGEMENT.

33-5509. DIGITAL LEARNING ACADEMY A STATE DEPARTMENT FOR PURPOSES OF RISK MANAGEMENT. For risk management purposes, the Idaho digital learning academy shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the department of administration shall treat it as such.
History:
[33-5509, added 2006, ch. 358, sec. 1, p. 1091.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 56 - EDUCATION OPPORTUNITY RESOURCE ACT › Section 33-5602 - PURPOSE, FINDINGS AND LEGISLATIVE INTENT — DEFINITIONS.

33-5602. PURPOSE, FINDINGS AND LEGISLATIVE INTENT — DEFINITIONS. (1) The purpose of this act is to establish a resource for Idaho’s education and library system in providing broadband, wireless local area network (LAN) and related services to students. The legislature finds that Idaho benefits from a consistent and adequate bandwidth connection to and between its districts and schools, inclusive of grades K through 12, and to its libraries. It is the intent of the legislature that:
(a) State resources be made available to support Idaho’s E-rate eligible entities with technical, E-rate, security, contracting and procurement guidance, and funding distribution;
(b) E-rate eligible entities shall have the ability to collaborate regionally and intrastate for broadband and related services;
(c) Districts shall have the ability to collaborate regionally and intrastate for wireless LAN services; and
(d) E-rate eligible entities apply for and pursue, in good faith, E-rate funding.
(2) As used in this chapter:
(a) "Districts" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections’ education programs and the school for the deaf and the blind.
(b) "E-rate" means the schools and libraries program of the universal service fund that is administered by the universal service administrative company under the direction of the federal communications commission.
(c) "E-rate eligible entities" means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.
History:
[33-5602, added 2016, ch. 182, sec. 3, p. 492; am. 2017, ch. 141, sec. 1, p. 334.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 56 - EDUCATION OPPORTUNITY RESOURCE ACT › Section 33-5603 - EDUCATION OPPORTUNITY RESOURCE COMMITTEE — MEMBERS AND MEETINGS.

33-5603. EDUCATION OPPORTUNITY RESOURCE COMMITTEE — MEMBERS AND MEETINGS. (1) There is hereby established in the office of the state board of education the education opportunity resource committee. The committee shall consist of the following eight (8) members:
(a) One (1) member shall be the state superintendent of public instruction or the superintendent’s designee;
(b) One (1) member shall be the education data chief information officer or the officer’s designee;
(c) Three (3) members shall be appointed by the Idaho association of school administrators as follows:
(i) One (1) member who is a superintendent from a school district with fewer than one thousand (1,000) students enrolled or the superintendent’s designee;
(ii) One (1) member who is a superintendent from a school district with between one thousand (1,000) and four thousand nine hundred ninety-nine (4,999) students enrolled or the superintendent’s designee; and
(iii) One (1) member who is a superintendent from a school district with five thousand (5,000) or more students enrolled or the superintendent’s designee;
(d) One (1) member shall be the state librarian or the state librarian’s designee; and
(e) Two (2) members shall be school technology personnel appointed by the Idaho education technology association.
(2) The chairperson shall be the education data chief information officer. The committee shall elect a vice chairperson who shall hold such position for a two (2) year term and who may be reelected. Members of the committee shall serve four (4) year terms. Vacancies shall be filled by the relevant appointing authority for the remaining term.
(3) The committee shall meet at least once quarterly until July 1, 2018, after which date the committee shall meet at least once annually.
(4) All meetings of the committee shall be held in accordance with the state open meetings law set forth in chapter 2, title 74, Idaho Code.
History:
[33-5603, added 2016, ch. 182, sec. 3, p. 493; am. 2023, ch. 36, sec. 1, p. 170.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 56 - EDUCATION OPPORTUNITY RESOURCE ACT › Section 33-5604 - EDUCATION OPPORTUNITY RESOURCE COMMITTEE — POWERS AND DUTIES.

33-5604. EDUCATION OPPORTUNITY RESOURCE COMMITTEE — POWERS AND DUTIES. In carrying out its powers and duties set forth in this section, the education opportunity resource committee shall focus on the broadband, wireless LAN and related services needs of all E-rate eligible entities. At a minimum, the committee shall:
(1) Make budget and policy recommendations to the office of the state board of education regarding:
(a) Broadband parameters;
(b) Wireless LAN parameters;
(c) Incentives for E-rate eligible entities to obtain the most appropriate service that best fits such entities’ broadband needs and that is fiscally responsible;
(d) Incentives for districts to obtain the most appropriate service that best fits their wireless LAN needs and that is fiscally responsible; and
(e) The minimum and maximum service levels, the quality of services, and the minimum per-student or per-person internet and wireless LAN levels that contracts must adhere to for E-rate eligible entities to be eligible for state reimbursement.
(2) Establish reimbursement methodology that includes, but is not necessarily limited to, the following components:
(a) Distribution of appropriated moneys to E-rate eligible entities that have received E-rate funding. Distribution of such moneys must be in an amount equal to the non-E-rate reimbursed cost of internet services;
(b) If E-rate funding is not available to an E-rate eligible entity for any reason, other than a failure of the entity to apply in good faith for available E-rate funding, reimbursement to the entity for its internet service costs;
(c) Distribution of appropriated moneys remaining, after internet services are fully funded, for wide area networks (WANs). If necessary, the committee shall create an equalization formula for WAN distributions; and
(d) Distribution of appropriated moneys for related services, including but not limited to wireless LAN service, to districts that either have received E-rate funding or have applied in good faith for E-rate funding.
(3) Compile and analyze broadband utilization statistics from E-rate eligible entities to determine the levels of internet services necessary for such entities and report the statistics to the office of the state board of education. E-rate eligible entities shall cooperate with the committee in carrying out its duty to compile and analyze such information;
(4) Advise and recommend resources to assist the office of the state board of education in carrying out its responsibility to provide E-rate application assistance and support to districts;
(5) Not provide legal advice;
(6) Collaborate with other relevant governmental and nongovernmental entities to ensure best practices in broadband and wireless LAN are used and to recommend the terms of contracts for broadband, wireless LAN and related services; and
(7) Ensure compliance with appropriate purchasing laws.
History:
[33-5604, added 2016, ch. 182, sec. 3, p. 493; am. 2017, ch. 141, sec. 2, p. 335; am. 2023, ch. 36, sec. 2, p. 171.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 56 - EDUCATION OPPORTUNITY RESOURCE ACT › Section 33-5605 - EDUCATION OPPORTUNITY RESOURCE ACT — RULEMAKING.

33-5605. EDUCATION OPPORTUNITY RESOURCE ACT — RULEMAKING. (1) The state department of education shall distribute appropriated moneys to districts for reimbursement for the cost of internet service and other allowable services in accordance with the methodology established by the education opportunity resource committee.
(2) The commission for libraries shall distribute appropriated moneys to Idaho public libraries for reimbursement for the cost of internet service and other allowable services in accordance with the methodology established by the education opportunity resource committee and shall provide technical, E-rate, and security contracting, procurement guidance, and assistance to Idaho public libraries at any such entity’s request.
(3) The state board of education may:
(a) Promulgate rules in compliance with chapter 52, title 67, Idaho Code, to implement the provisions of this chapter. In promulgating such rules, the board shall collaborate with the education opportunity resource committee;
(b) Authorize funding increases for internet service levels when a district consistently exceeds utilization benchmarks, as established by the education opportunity resource committee, during school or business days and hours, provided adequate funding is available; and
(c) Provide technical, E-rate, and security contracting, procurement guidance, and assistance to districts at any such entity’s request.
History:
[33-5605, added 2016, ch. 182, sec. 3, p. 494; am. 2023, ch. 36, sec. 3, p. 172.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 58 - LOCAL INNOVATION SCHOOL ACT › Section 33-5801 - LOCAL INNOVATION SCHOOL ACT.

33-5801. LOCAL INNOVATION SCHOOL ACT. There is hereby established the local innovation school act. Participating schools and districts will evaluate existing laws and administrative rules to receive flexibility from laws and policies that impede local autonomy, allowing them to be agile, innovative and empowered to adapt to local circumstances.
History:
[33-5801, added 2016, ch. 305, sec. 1, p. 859.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 58 - LOCAL INNOVATION SCHOOL ACT › Section 33-5802 - DEFINITIONS.

33-5802. DEFINITIONS. As used in this chapter:
(1) "Board" means the governing body of a school district or public charter school.
(2) "Innovation school" means a public school participating in the local innovation school act.
(3) "Innovation school agreement" means a written agreement between the innovation school team and the board establishing the innovation school.
(4) "Innovation school team" means the combination of individuals responsible for the operations of an innovation school.
History:
[33-5802, added 2016, ch. 305, sec. 1, p. 859.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 58 - LOCAL INNOVATION SCHOOL ACT › Section 33-5803 - ELIGIBILITY TO PARTICIPATE — REQUIREMENTS AND EXEMPTIONS.

33-5803. ELIGIBILITY TO PARTICIPATE — REQUIREMENTS AND EXEMPTIONS. (1) Up to ten (10) public schools per year for each of school years 2016 through 2021, totaling not more than fifty (50) schools, are eligible to participate in the local innovation school act by following the processes set forth in section 33-5804, Idaho Code. If more than ten (10) schools seek to establish an innovation school in any single year, the first ten (10) schools to notify the state board of education pursuant to section 33-5804, Idaho Code, shall be established as innovation schools.
(2) The following shall apply to an innovation school:
(a) State, federal and local laws prohibiting discrimination;
(b) Laws governing safety including, but not limited to, sections 33-122 and 33-130, Idaho Code;
(c) Section 33-119, Idaho Code, as such section applies to secondary schools accreditation; and
(d) Section 33-5204, Idaho Code, if the innovation school is an existing public charter school authorized by the school district.
(3) Except as otherwise provided in subsection (2) of this section, pursuant to the terms of the innovation school agreement, innovation schools may be exempted from the following:
(a) Idaho Code statutes applicable to a school board or school district;
(b) Rules promulgated or guidelines adopted by the state board of education or state department of education; and
(c) Local district policies, including terms and conditions of employment.
History:
[33-5803, added 2016, ch. 305, sec. 1, p. 859.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 59 - IDAHO SCHOOL SAFETY AND SECURITY ACT › Section 33-5901 - SHORT TITLE.

33-5901. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho School Safety and Security Act."
History:
[(33-5901) 33-5801, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 110.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 59 - IDAHO SCHOOL SAFETY AND SECURITY ACT › Section 33-5902 - LEGISLATIVE INTENT.

33-5902. LEGISLATIVE INTENT. It is the intent of the legislature that the purpose of this chapter is to:
(1) Promote the safety and security of the students attending the public educational institutions of the state;
(2) Provide recommendations, systems and training to assist public educational institutions at all levels for the safety and security of students;
(3) Enhance the safety and security resources available to public educational institutions;
(4) Ensure that periodic security assessments of statewide public educational institutions are conducted and reported;
(5) Ensure that surveys are conducted and research information is reported to appropriate parties;
(6) Promote the use of technical methods, devices and improvements to address school security;
(7) Encourage the recognition of security design to be incorporated in future construction or renovation of public educational institutions; and
(8) Provide written reports of security assessments to appropriate school administrative authorities.
History:
[(33-5902) 33-5802, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 110.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 59 - IDAHO SCHOOL SAFETY AND SECURITY ACT › Section 33-5903 - DEFINITION.

33-5903. DEFINITION. For the purposes of this chapter, "public educational facility" means all structures and buildings existing now or constructed in the future that are owned, leased or used by public educational institutions, which include public colleges, public community colleges, public universities, public school districts, public charter schools, or a school for children in any grade kindergarten through 12 that is operated by the state of Idaho receiving state funding.
History:
[(33-5903) 33-5803, added 2016, ch. 192, sec. 1, p. 534; am. and redesig. 2017, ch. 58, sec. 16, p. 110.]