reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-129 - MATCHING GRANTS FOR SCIENCE EDUCATION PROGRAMS — GRANT CRITERIA.

33-129. MATCHING GRANTS FOR SCIENCE EDUCATION PROGRAMS — GRANT CRITERIA. The state department of education shall administer a program of matching grants to encourage the expansion or maintenance of science education programs in the state of Idaho. Matching grants shall only be made to nonprofit corporations incorporated or registered in the state of Idaho and which shall have conducted such a science education program for a minimum of one (1) year. Grants shall require the applicant to provide at least one-half (1/2) of the financial support for the science education program with money or in-kind contributions.
"Science education programs" include, but are not limited to, demonstration programs intended to encourage knowledge of and interest in the disciplines of science among Idaho’s elementary and secondary school students.
The state department of education shall administer this program with such funds as are appropriated to the science education program. Competing grant applications shall be evaluated and funding decisions shall be made based upon the department’s judgment as to the probable effectiveness of the various proposals in furthering the purposes of this act.
History:
[33-129, added 1991, ch. 139, sec. 3, p. 331.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-130 - CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLICANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS — STATEWIDE LIST OF SUBSTITUTE TEACHERS.

33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLICANTS FOR CERTIFICATES OR INDIVIDUALS HAVING CONTACT WITH STUDENTS — STATEWIDE LIST OF SUBSTITUTE TEACHERS. (1) The department of education, through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals to include, but is not limited to, certificated and noncertificated employees, all applicants for certificates pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals involved in other types of student training such as practicums and internships, and on all individuals who have unsupervised contact with students in a K-12 setting. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, the following state and national databases:
(a) Idaho bureau of criminal identification;
(b) Federal bureau of investigation (FBI) criminal history check; and
(c) Statewide sex offender register.
(2) The state department of education shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the state police. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the employing school district, when requested at the time of the application or within six (6) months following the performance of the criminal history check. A copy shall also be provided to the applicant upon request.
(3) The state department of education shall maintain a statewide list of substitute teachers. The term "substitute teacher" shall have the meaning as provided in section 33-512(15), Idaho Code.
(4) The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.
History:
[33-130, added 1996, ch. 375, sec. 1, p. 1274; am. 2000, ch. 469, sec. 80, p. 1526; am. 2008, ch. 349, sec. 1, p. 961; am. 2015, ch. 201, sec. 1, p. 614; am. 2017, ch. 115, sec. 1, p. 266.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-130A - CRIMINAL HISTORY CHECKS FOR PRIVATE OR PAROCHIAL SCHOOL EMPLOYEES OR CONTRACTORS.

33-130A. CRIMINAL HISTORY CHECKS FOR PRIVATE OR PAROCHIAL SCHOOL EMPLOYEES OR CONTRACTORS. If requested by the principal or governing board of a private or parochial school, the department of education, through the cooperation of the department of law enforcement [Idaho state police], shall establish a system to obtain a criminal history check on employees of the school or persons entering into contracts with the school. The criminal history check and fees shall be as provided in section 33-130, Idaho Code.
History:
[33-130A, added 2000, ch. 310, sec. 1, p. 1047.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-131 - DEFINITIONS — TRIBAL SCHOOL — TRIBAL EDUCATION AUTHORITY.

33-131. DEFINITIONS — TRIBAL SCHOOL — TRIBAL EDUCATION AUTHORITY. (1) "Tribal school" means an institution with an educational program that has as its primary purpose providing education in any grade or grades from kindergarten to twelfth grade and that is controlled by the elected governing body of a federally recognized American Indian tribe in Idaho or by a tribal education authority established under the laws of a federally recognized American Indian tribe in Idaho.
(2) "Tribal educational authority" means the authorized governmental agency of a federally recognized Indian tribe, as defined in 25 U.S.C. section 450b, that is primarily responsible for:
(a) Regulating, administering or supervising the formal education of tribal members;
(b) Facilitating tribal control in all matters relating to the education of Indian children;
(c) Providing for the development and coordinated education programs, including all preschool, elementary, secondary and higher or vocational programs, funded by the United States bureau of Indian affairs and encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other general agencies, state agencies or private entities; and
(d) Providing for the development and enforcement of tribal education codes relating to the education of Indian children, including tribal education policies and tribal standards applicable to curriculum, personnel, students, facilities and support programs.
History:
[33-131, added 2010, ch. 282, sec. 1, p. 759.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-132 - LOCAL SCHOOL BOARDS — INTERNET USE POLICY REQUIRED.

33-132. LOCAL SCHOOL BOARDS — INTERNET USE POLICY REQUIRED. (1) As a condition for receiving moneys from the state general fund, each local school district shall file an acceptable internet use policy with the state superintendent of public instruction no later than August 1, 2011, or within one (1) year after the creation of a new district, whichever is later, and every five (5) years thereafter. Such policy shall be approved by the district’s board of trustees and shall contain, but not be limited to, provisions that:
(a) Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and
(b) Provide for the selection of technology for the local district’s computers to filter or block internet access to obscene materials, materials harmful to minors and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code; and
(c) Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section; and
(d) Include a component of internet safety for students that is integrated into the district’s instructional program; and
(e) Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the district office.
(2) The policy provided for in subsection (1) of this section may include terms, conditions and requirements deemed appropriate by the district’s board of trustees including, but not limited to, requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle and high school students.
(3) The district’s superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.
History:
[(33-132) 33-131, added 2010, ch. 282, sec. 1, p. 759; am. and redesig. 2011, ch. 151, sec. 13, p. 424.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-134 - ASSESSMENT ITEM REVIEW COMMITTEE.

33-134. ASSESSMENT ITEM REVIEW COMMITTEE.
(1) (a) The state board of education shall establish a committee consisting of thirty (30) individuals, representing each of the six (6) education regions of the state established by the state board of education, to review all summative computer adaptive test questions. The committee’s review shall include reviews for bias and sensitivity. The committee is authorized to make recommendations to the state board of education and the state department of education to revise or eliminate summative computer adaptive test questions from state assessments. The state board of education shall make the final determination regarding the adoption or rejection of the committee’s recommendations. The committee established shall include the following members appointed by the state board of education:
(i) Two (2) parents of public school or public charter school students, selected from each of the six (6) education regions in this state;
(ii) One (1) public school or public charter school teacher, selected from each of the six (6) education regions in this state;
(iii) One (1) member who is an administrator of a school district or public charter school, selected from each of the six (6) education regions in this state; and
(iv) One (1) member from the district board of trustees or public charter school board of directors, selected from each of the six (6) education regions in this state.
(b) The state department of education shall provide staff support to the review committee.
(c) The term of office of each committee member appointed shall be four (4) years.
(d) The president of the state board of education shall adjust the length of terms to stagger the terms of committee members so that approximately one-half (1/2) of the committee members are appointed every two (2) years.
(e) No committee member may receive compensation or benefits for the member’s service on the committee.
(f) The state board of education may solicit recommendations for committee members from districts, public charter schools and other public education stakeholders.
(2) The state board of education shall determine when committee recommendations must be submitted to the state board of education and the state department of education, provided that any such submission date must provide adequate time for the committee to review summative computer adaptive test questions before the assessment is administered to students. Adequate time means no fewer than thirty (30) days from the date the committee is notified of the summative computer adaptive test questions.
(3) The state board is hereby authorized to promulgate rules to implement the provisions of this section.
History:
[(33-134) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 17, p. 1017.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-135 - TEACHERS — CLASSROOM SIZE — REPORTING.

33-135. TEACHERS — CLASSROOM SIZE — REPORTING. (1) Definitions. The following terms have the following meanings:
(a) "Teacher" means an individual holding a teaching certificate issued by the state department of education.
(b) "Classroom" means a place where groups of students meet for instruction in a particular subject, including students enrolled in virtual schools or charter schools.
(c) "Classroom instructor" means an individual holding a teaching certificate issued by the state department of education and who has been assigned to teach students one (1) or more subjects.
(d) "Class size" means the number of students who regularly appear in an instructor’s classroom or on a class roster and for whom the classroom instructor is primarily responsible and accountable.
(e) "Pupil-teacher ratio" means the total number of students in a school building divided by the total number of teachers working in that school building. For the purposes of this act, the term "school building" also includes virtual charter schools.
(f) "Total caseload" means the total number of students serviced by classroom instructors in a secondary school setting.
(2) Reporting.
(a) The state department of education shall gather statistical information using a unified approach that will demonstrate:
(i) The total number of teachers actively employed within an Idaho school district listed by individual school building;
(ii) The pupil-teacher ratio for every Idaho school district listed by individual school building;
(iii) The number of elementary classroom teachers in every Idaho school building listed by grade and subject;
(iv) The number of secondary classroom teachers in every Idaho school building listed by grade and subject;
(v) The class size in every Idaho elementary school building listed by teacher; and
(vi) The class size, by each section and by total caseload, in every secondary school building listed by teacher.
(b) The report under this subsection shall be prepared and published once annually by January 1 and shall be made available on a public website maintained by the state department of education.
(c) For purposes of this subsection, each teacher will be identified by a unique numeric identifier and not by individual name.
(3) Statewide database. The state department of education shall maintain a statewide database of the statistical information collected and published.
History:
[(33-135) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 18, p. 1017.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-136 - SUICIDE PREVENTION IN SCHOOLS.

33-136. SUICIDE PREVENTION IN SCHOOLS. (1) The state board of education shall adopt rules supporting suicide awareness and prevention training each year for public school personnel. This training may be provided within the framework of existing in-service training programs offered by the state board of education and the state department of education or as part of professional development activities.
(2)(a) The state board of education and state department of education shall, in consultation with the state department of health and welfare, education and health care stakeholders, and suicide prevention experts, develop a list of approved training materials to fulfill the requirements of this section.
(b) Approved materials shall include training on how to identify appropriate mental health services, both within the school and the larger community, and when and how to refer youth and their families to those services.
(c) Approved materials may include programs that can be completed through self-review of suitable suicide prevention materials.
(3)(a) Each public school district shall adopt a policy on student suicide prevention. Such policy shall, at a minimum, address procedures relating to suicide prevention, intervention and postvention. As used in this paragraph, "postvention" means counseling or other social care given to students after another student’s suicide or attempted suicide.
(b) To assist school districts in developing policies for student suicide prevention, the state department of education shall develop and maintain a model policy, or adopt an existing policy as a model policy, to serve as a guide for school districts in accordance with this section.
(4)(a) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training required by this section, or lack thereof.
(b) The training required by the provisions of this section, or lack thereof, shall not be construed to impose any specific duty of care.
(c) Nothing in this subsection shall be construed to conflict with the provisions of section 33-512B, Idaho Code.
History:
[33-136, added 2018, ch. 263, sec. 1, p. 629.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-137 - DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS.

33-137. DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS. (1) A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (2) of this section.
(2) Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 must have safety policies and technology protection measures that:
(a) Prohibit and prevent a user of the resource from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and
(b) Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.
(3) Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (2) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with that subsection.
(4) If a provider of digital or online library resources fails to timely verify that the provider is in compliance with the requirements of subsection (2) of this section, the school district or public charter school may consider the provider’s act of noncompliance a breach of contract.
(5) No later than December 1 of each year, the Idaho commission for libraries shall submit to the governor and the senate and house of representatives education committees an aggregate written report on any issues related to provider compliance with technology protection measures required by subsection (2) of this section.
History:
[33-137, added 2020, ch. 274, sec. 1, p. 808; am. 2021, ch. 321, sec. 13, p. 954.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-138 - DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION.

33-138. DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION. (1) It is the intent of the legislature that administrators, faculty members, other employees, and students at public schools, including public charter schools and institutions of higher education, respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association.
(2) The Idaho legislature finds that tenets outlined in subsection (3)(a) of this section, often found in "critical race theory," undermine the objectives outlined in subsection (1) of this section and exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, or other criteria in ways contrary to the unity of the nation and the well-being of the state of Idaho and its citizens.
(3) In accordance with section 6, article IX of the constitution of the state of Idaho and section 67-5909, Idaho Code:
(a) No public institution of higher education, school district, or public school, including a public charter school, shall direct or otherwise compel students to personally affirm, adopt, or adhere to any of the following tenets:
(i) That any sex, race, ethnicity, religion, color, or national origin is inherently superior or inferior;
(ii) That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin; or
(iii) That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.
(b) No distinction or classification of students shall be made on account of race or color.
(c) No course of instruction or unit of study directing or otherwise compelling students to personally affirm, adopt, or adhere to any of the tenets identified in paragraph (a) of this subsection shall be used or introduced in any institution of higher education, any school district, or any public school, including a public charter school.
(4) Nothing in this section should be construed to prohibit the required collection or reporting of demographic data by public schools or public institutions of higher education.
History:
[33-138, added 2021, ch. 293, sec. 1, p. 885.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-139 - PROHIBITION ON THE EXPENDITURE OF MONEYS FOR CERTAIN PURPOSES.

33-139. PROHIBITION ON THE EXPENDITURE OF MONEYS FOR CERTAIN PURPOSES. No moneys shall be expended by the state board of education, any entity under the state board of education’s jurisdiction, or any school district, public charter school, or public institution of higher education for any purpose prohibited in section 33-138, Idaho Code.
History:
[33-139, added 2021, ch. 293, sec. 2, p. 886.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-140 - REPORT — HIGH-PERFORMING SCHOOLS AND TEACHERS.

33-140. REPORT — HIGH-PERFORMING SCHOOLS AND TEACHERS. In the first week of the regular legislative session in 2022, the state board of education shall present to the legislature a statewide strategy for defining and rewarding high-performing schools and teachers for growth in student achievement. The strategy should consider:
(1) How to incentivize, encourage, and recognize schools and teachers, along with their communities, for dedicated and high-quality work; and
(2) Ways to reduce disincentives to excel in student achievement.
History:
[(33-140) 33-138, added 2021, ch. 207, sec. 1, p. 561; am. and redesig. 2022, ch. 111, sec. 20, p. 380.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-141 - NATIONAL MOTTO.

33-141. NATIONAL MOTTO. (1) An educational institution under the general supervision, governance, or control of the state board of education or the board of regents of the university of Idaho must display a durable poster or a framed copy of a representation of the national motto, "In God We Trust," in a conspicuous place if:
(a) Such poster or framed copy includes a representation of the United States flag or a representation of the flag of the state of Idaho, or both;
(b) The background, lettering, and framing on the poster or framed copy include only black, white, gold, or silver;
(c) Such poster or framed copy was donated to the institution;
(d) Such poster and framing do not contain any other lettering, verbiage, images, logos, or likeness other than that required by this section;
(e) Such poster and framing do not contain any markings identifying the donor of the poster; and
(f) The size of the poster or framed copy is approved by the educational institution.
(2) A poster or framed copy that meets the requirements of subsection (1)(a) and (b) of this section may be purchased from private donations and made available to an institution pursuant to subsection (1) of this section.
History:
[33-141, added 2023, ch. 148, sec. 1, p. 402.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-201 - SCHOOL AGE.

33-201. SCHOOL AGE. The services of the public schools of this state are extended to any acceptable person of school age. "School age" is defined as including all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this section, the age of five (5) years shall be attained when the fifth anniversary of birth occurs on or before the first day of September of the school year in which the child is to enroll in kindergarten. For a child enrolling in the first grade, the age of six (6) years must be reached on or before the first day of September of the school year in which the child is to enroll. Any child of the age of five (5) years who has completed a private or public out-of-state kindergarten for the required four hundred fifty (450) hours but has not reached the "school age" requirement in Idaho shall be allowed to enter the first grade.
For resident children with disabilities who qualify for special education and related services under the federal individuals with disabilities education act (IDEA) and subsequent amendments thereto, and applicable state and federal regulations, "school age" shall begin at the attainment of age three (3) and shall continue through the semester of school in which the student attains the age of twenty-one (21) years.
History:
[33-201, added 1963, ch. 13, sec. 24, p. 27; am. 1975, ch. 42, sec. 3, p. 73; am. 1988, ch. 290, sec. 1, p. 928; am. 1989, ch. 126, sec. 1, p. 277; am. 1993, ch. 121, sec. 1, p. 311; am. 1996, ch. 311, sec. 1, p. 1019; am. 1998, ch. 23, sec. 1, p. 138.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-202 - SCHOOL ATTENDANCE COMPULSORY.

33-202. SCHOOL ATTENDANCE COMPULSORY. The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended.
History:
[33-202, added 1963, ch. 13, sec. 25, p. 27; am. 1992, ch. 243, sec. 1, p. 721; am. 2009, ch. 103, sec. 2, p. 318.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-204 - EXEMPTION FOR CAUSE.

33-204. EXEMPTION FOR CAUSE. When a licensed physician or psychiatrist shall state in writing to the board of trustees of a school district that the physical, mental or emotional condition of a child does not permit attendance at school, and a petition is filed with the board by the parent or guardian of the child requesting such child to be exempt from the provisions of section 33-202, the board of trustees may at its discretion grant the requested exemption during the existence of such condition. The board may, from time to time as it may determine, require additional examination of the child and a report thereon.
History:
[33-204, added 1963, ch. 13, sec. 27, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-206 - HABITUAL TRUANT DEFINED.

33-206. HABITUAL TRUANT DEFINED. (1) An habitual truant is:
(a) Any public school pupil who, in the judgment of the board of trustees, or the board’s designee, repeatedly has violated the attendance regulations established by the board; or
(b) Any child whose parents or guardians, or any of them, have failed or refused to cause such child to be instructed as provided in section 33-202, Idaho Code.
(2) A child who is an habitual truant shall come under the purview of the juvenile corrections act if he or she was within the age of compulsory attendance at the time of the violations.
History:
[33-206, added 1963, ch. 13, sec. 29, p. 27; am. 2002, ch. 348, sec. 2, p. 996; am. 2005, ch. 60, sec. 1, p. 217; am. 2010, ch. 278, sec. 1, p. 718.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-207 - PROCEEDINGS AGAINST PARENTS OR GUARDIANS.

33-207. PROCEEDINGS AGAINST PARENTS OR GUARDIANS. (1) Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided in this chapter or to have the child instructed as defined in section 33-202, Idaho Code, or knowingly have allowed a pupil to become an habitual truant, proceedings shall be brought against such parent or guardian under the provisions of the juvenile corrections act or as otherwise provided in subsection (2) of this section.
(2) Whenever it is determined by the board of trustees of any school district that a child enrolled in public school is an habitual truant, as defined in section 33-206, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the child’s residence. Proceedings may be brought directly against any parent or guardian of a public school pupil who is found to have knowingly allowed such pupil to become an habitual truant, and such parent or guardian shall be guilty of a misdemeanor.
(3) Whenever it is determined by the board under provisions providing due process of law for the student and his or her parents that the parents or guardians of any child not enrolled in a public school are failing to meet the requirements of section 33-202, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the pupil’s residence and recommend that a petition shall be filed in the magistrates division of the district court of the county of the pupil’s residence, in such form as the court may require under the provisions of section 20-510, Idaho Code.
History:
[33-207, added 1963, ch. 13, sec. 30, p. 27; am. 2004, ch. 23, sec. 5, p. 28; am. 2005, ch. 60, sec. 2, p. 217; am. 2009, ch. 103, sec. 3, p. 319.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-208 - KINDERGARTENS AND CHILD ATTENDANCE NOT COMPULSORY.

33-208. KINDERGARTENS AND CHILD ATTENDANCE NOT COMPULSORY. It shall not be compulsory for individual school districts to establish a kindergarten program; and it shall not be mandatory for a child who is eligible by age for attendance to enroll in an established public kindergarten.
History:
[I.C., sec. 33-208, as added by 1975, ch. 42, sec. 2, p. 73.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-209 - TRANSFER OF STUDENT RECORDS — DUTIES.

33-209. TRANSFER OF STUDENT RECORDS — DUTIES. Whenever a student transfers from one (1) school to another, within the district, within the state, or elsewhere, and the sending school is requested to forward student records, the sending school shall respond by forwarding a certified copy of the transferred student’s record within ten (10) days, except as provided in section 18-4511, Idaho Code. When the school record contains information concerning violent or disruptive behavior or disciplinary action involving the student, this information shall be included in the transfer of records but shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.
The parent or guardian of a student transferring from out-of-state to a school within the state of Idaho is required, if requested, to furnish the school within this state accurate copies of the student’s school records, including records containing information concerning violent or disruptive behavior or disciplinary action involving the student. This information shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.
Failure of the parent or guardian to furnish the required records, or failure to request of the administration of the previous school to provide the required records, shall constitute adequate grounds to deny enrollment to the transferring student or to suspend or expel the student if already enrolled.
History:
[33-209, added 1994, ch. 174, sec. 1, p. 401; am. 1998, ch. 186, sec. 2, p. 681.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-211 - STUDENTS’ DRIVER’S LICENSES.

33-211. STUDENTS’ DRIVER’S LICENSES. The board of trustees of a school district and all employees of the school district are authorized to and shall administer the school district’s portion of section 49-303A, Idaho Code, relating to driver’s licenses and school attendance.
History:
[33-211, added 1996, ch. 348, sec. 6, p. 1167.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 2 - ATTENDANCE AT SCHOOLS › Section 33-212 - AUTHORITY TO CLOSE SCHOOLS TO PREVENT THE SPREAD OF INFECTIOUS DISEASE.

33-212. AUTHORITY TO CLOSE SCHOOLS TO PREVENT THE SPREAD OF INFECTIOUS DISEASE. (1) Notwithstanding any provision of law or rule to the contrary, only the following person or entities shall have the authority to close schools or otherwise limit any aspect of school programs or activities to prevent the spread of contagious or infectious disease:
(a) The governor or state board of education, whose authority may apply statewide or to any area of the state; or
(b) A board of school district trustees as provided in section 33-512, Idaho Code, or the board of directors of a public charter school.
(2) Only a person or an entity listed in subsection (1) of this section shall have the authority to require, in schools or during school programs or activities, measures intended to prevent the spread of contagious or infectious disease.
(3) A decision by a person or an entity listed in subsection (1) of this section for schools to remain open or to reopen, or to require or not require measures in schools or during school programs or activities to prevent the spread of contagious or infectious disease, shall not constitute a violation of any order issued by the department of health and welfare pursuant to section 56-1003(7), Idaho Code; a district board of health pursuant to section 39-414(2), Idaho Code; or a city pursuant to section 50-304, Idaho Code.
History:
[33-212, added 2021, ch. 14, sec. 2, p. 35.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-301 - SCHOOL DISTRICTS BODIES CORPORATE.

33-301. SCHOOL DISTRICTS BODIES CORPORATE. Each school district, now or hereafter established, when validly organized and existing, is declared to be a body corporate and politic, and in its corporate capacity may sue and be sued and may acquire, hold and convey real and personal property necessary to its establishment, extension and existence. It shall have authority to issue negotiable coupon bonds and incur such other debt, in the amounts and manner, as provided by law.
History:
[33-301, added 1963, ch. 13, sec. 31, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-302 - CLASSIFICATION OF SCHOOL DISTRICTS.

33-302. CLASSIFICATION OF SCHOOL DISTRICTS. Elementary school districts shall give instruction only to pupils in grades one (1) through eight (8), and may give instruction in kindergarten. All other school districts shall give instruction to pupils in grades one (1) through twelve (12), and may give instruction in kindergarten, and shall maintain secondary schools giving instruction to pupils in grades seven (7) through twelve (12), or any combination of such grades.
Any school district maintaining its only secondary school building situate not less than twenty-five (25) miles from the nearest Idaho secondary school, and which employs not less than six (6) teachers within its district, may be authorized by the state board of education to instruct pupils in two (2) or more grades above grade seven (7).
Whenever any district lies, or shall lie, in more than one (1) county it shall be designated as a joint district of its class.
History:
[33-302, added 1963, ch. 13, sec. 32, p. 27; am. 1975, ch. 42, sec. 4, p. 73.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-303 - RECLASSIFICATION OF SCHOOL DISTRICTS.

33-303. RECLASSIFICATION OF SCHOOL DISTRICTS. a. Whenever the board of trustees of an elementary school district shall propose to submit to the qualified electors of the district the question of issuance of bonds for the purpose of acquiring or building any secondary school building, or whenever the board of trustees of an elementary school district shall propose to otherwise establish, or to re-establish, a secondary school, said board of trustees shall first petition the state board of education to reclassify the district. Any such petition shall be in writing and shall contain such information as will enable the state board of education to determine the feasibility of maintaining an accredited secondary school by the petitioning district.
If the state board of education shall determine that the maintenance of an accredited secondary school by the petitioning elementary school district is feasible, it shall reclassify such district but such reclassification shall be for a period of not more than three (3) years, at the end of which period the state board of education shall review its action. If, at the time of review, the district is maintaining an accredited secondary school, its reclassification shall be made permanent, subject only to the provisions of subsection (b) of this section. If, at the time of review, the district is not maintaining an accredited secondary school, the state board of education shall revoke the temporary reclassification and the district shall revert to the classification of an elementary school district.
b. If any school district, other than an elementary school district, shall have maintained no secondary school within its area for a period of five (5) successive years, the state board of education may, at any time thereafter and while such district continues to maintain no secondary school, reclassify such district as an elementary school district.
c. Whenever the state board of education shall reclassify any district, as in this section provided, written notice thereof shall be given to the board of trustees of such district and to the board of county commissioners of any county in which the district may lie.
History:
[33-303, added 1963, ch. 13, sec. 33, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-304 - JOINT SCHOOL DISTRICTS.

33-304. JOINT SCHOOL DISTRICTS. In any joint district, the duties imposed upon, and the records required to be kept by, the county commissioners or any other county officer, in respect to school districts, including the assessment of taxable property and the levying of and collection of taxes, shall be performed or kept by the commissioners and other county officers in each county in which the district lies as though the portion of the district in each county were a separate district therein.
One (1) of the counties in which a joint district lies shall be the home county of the district.
When a joint district is created by the division of a county, or through the annexation of any territory by the state board of education, the board of trustees of such district shall designate its home county and give notice thereof to the state board of education and to the board of county commissioners in each county in which the district lies.
History:
[33-304, added 1963, ch. 13, sec. 34, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-305 - NAMING AND NUMBERING SCHOOL DISTRICTS.

33-305. NAMING AND NUMBERING SCHOOL DISTRICTS. Each school district as the same is organized on the effective date of this act shall bear the same number as theretofore. Excepting specially chartered school districts, each school district operating a secondary school, or secondary schools, on said date shall be designated by number and county, after the following style:
School District No. .., …. County, State of Idaho, or Joint School District No. .., …., …., (and ….) Counties, State of Idaho.
Each school district which, on the effective date of this act, is maintaining only an elementary school, or elementary schools, shall be designated after the following style:
Elementary School District No. .., …. County, State of Idaho, or Joint Elementary School District No. .., …., …., (and ….) Counties, State of Idaho.
Joint districts shall be designated by the same number in each county in which the district lies, or shall lie.
Wherever the term "school district" appears in this act, it shall mean and include any school district, joint school district, elementary school district, joint elementary school district or specially chartered school district, unless a more limited meaning is clearly expressed and intended, or unless any provision of a charter is contrary thereto.
History:
[33-305, added 1963, ch. 13, sec. 35, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-306 - BOUNDARIES OF SCHOOL DISTRICTS.

33-306. BOUNDARIES OF SCHOOL DISTRICTS. There shall be no part of the area of the state of Idaho not included in the area of some school district.
A legal description of the boundaries of each school district, as now or hereafter established, shall be kept by the state board of education and by the board of county commissioners in each county in which any school district, or any part thereof, shall lie.
History:
[33-306, added 1963, ch. 13, sec. 36, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-307 - CORRECTING OR ALTERING SCHOOL DISTRICT BOUNDARIES.

33-307. CORRECTING OR ALTERING SCHOOL DISTRICT BOUNDARIES. (1) Whenever the state board of education shall find that school district boundaries should be corrected or altered, because of error in the legal description of the boundaries of any school district, or for any other reason, including, but not limited to:
(a) Any part of the area of the state is not included within the area of a school district; or
(b) Is included in more than one (1) school district; or
(c) The approval in any school election involving the excision and annexation of territory, or the consolidation of school districts, the division of a school district, or the lapse of a school district;
then the superintendent of public instruction shall make an appropriate order including an omitted area into any school district, or districts, or correcting or altering the boundaries of the districts, in such manner as, in his judgment, is just and proper.
(2) A copy of any such order shall be sent by the state department of education to the board of trustees of any school district affected by the order, which shall notify the state tax commission and the county assessor and county recorder in accordance with the provisions of section 63-215, Idaho Code.
(3) Within thirty (30) days of receipt of the order, the state tax commission and the county assessor shall correct or alter the legal description of the school district or districts, as the same may appear in their respective records. The state tax commission shall notify the board of trustees of the affected school district and the state department of education that the county records have been corrected as ordered effective upon such notification. In the case of either the consolidation or division of a school district, the proposal shall become effective the first day of July next following the date of the order.
(4) The state board of education may promulgate rules to govern the procedures for correcting or altering school district boundaries.
History:
[33-307, added 1963, ch. 13, sec. 37, p. 27; am. 1973, ch. 9, sec. 1, p. 21; am. 1980, ch. 38, sec. 1, p. 65; am. 1998, ch. 244, sec. 1, p. 803; am. 2009, ch. 107, sec. 1, p. 339.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-310A - CONSOLIDATION OF CONTIGUOUS SCHOOL DISTRICTS.

33-310A. CONSOLIDATION OF CONTIGUOUS SCHOOL DISTRICTS. In addition to the procedure contained in section 33-310, Idaho Code:
A. five per cent (5%) or more of the registered voters from each of two (2) or more contiguous school districts, when such districts coincide with election precincts, or,
B. a number of registered voters equal to fifteen per cent (15%) or more of the aggregate number of votes cast at the last three (3) elections for school trustees in each of the school districts, may petition in writing proposing the consolidation of their districts into a single new district. One (1) copy of such petition shall be presented to the board of trustees of each district included in the proposed consolidation. The petition shall contain:
1. The names and addresses of the petitioners;
2. A map or maps showing the boundaries of the proposed new district, the boundaries of the component consolidating districts, the location of existing schoolhouses or other facilities of the component districts, the proposed trustee zones, and the proposed transportation routes, if any.
When the petitions are received by the boards of trustees, the provisions of section 33-310, Idaho Code, shall become mandatory upon the boards so affected. The petitioners shall have the right to cooperate in the formulation of the proposed consolidated school district with the board of trustees of each school district affected thereby. The provisions of section 33-310, Idaho Code, shall be complied with and the proposed consolidation together with the testimony given at the public hearings shall be submitted to the state board of education within three (3) months after the first meeting of the combined boards and the petitioners. The first meeting of the combined boards and the petitioners shall be within fifteen (15) days after the petitions are submitted by the petitioners.
History:
[I.C., sec. 33-310A, as added by 1970, ch. 86, sec. 1, p. 210.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-310B - FEASIBILITY STUDY AND PLAN FOR CONSOLIDATION.

33-310B. FEASIBILITY STUDY AND PLAN FOR CONSOLIDATION. All school districts operating one (1) or more high schools may conduct a feasibility study and prepare a plan for school consolidation, which may also include school district consolidation. The cost of such feasibility studies and plans shall be reimbursed at an amount not to exceed ten thousand dollars ($10,000) per each school district that proposes to consolidate, in accordance with rules promulgated by the state board of education. The state board of education shall review and act upon all plans for school consolidation.
History:
[33-310B, added 1989, ch. 296, sec. 1, p. 724; am. 1998, ch. 88, sec. 3, p. 299; am. 2007, ch. 79, sec. 2, p. 210.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 3 - SCHOOL DISTRICTS › Section 33-314 - APPEAL FROM ORDER OF STATE BOARD OF EDUCATION.

33-314. APPEAL FROM ORDER OF STATE BOARD OF EDUCATION. Any order of the state board of education affecting the organization, consolidation, division, annexation, excision, or change in boundaries of any school district, or districts, may be appealed to the district court of any county in which the district, or proposed district, lies or shall lie. Appeal may be taken by any school elector residing in the area affected by the order, or by any taxpayer on property situate in said area, and shall be tried de novo.
The pleadings and other papers shall be filed not more than sixty (60) days after notice of the order appealed, and service of two (2) copies thereof shall be made upon the state superintendent of public instruction.
History:
[33-314, added 1963, ch. 13, sec. 44, p. 27.]