reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 33 - EDUCATION › Chapter 59 - IDAHO SCHOOL SAFETY AND SECURITY ACT › Section 33-5905 - IDAHO SCHOOL SAFETY AND SECURITY ADVISORY BOARD.

33-5905. IDAHO SCHOOL SAFETY AND SECURITY ADVISORY BOARD. (1) There is hereby established in the office of the state board of education the Idaho school safety and security advisory board. The advisory board shall consist of thirteen (13) members as follows:
(a) Four (4) members appointed by the governor as follows:
(i) One (1) parent of a student who attends an Idaho public school;
(ii) One (1) teacher who teaches in an Idaho public school;
(iii) One (1) representative of a local school board; and
(iv) One (1) representative of school superintendents;
(b) The state superintendent of public instruction or the superintendent’s designee;
(c) One (1) representative from the state board of education;
(d) One (1) representative from the Idaho state police;
(e) One (1) representative from the Idaho chiefs of police association;
(f) One (1) representative from the Idaho sheriffs’ association;
(g) One (1) representative from the Idaho office of emergency management;
(h) One (1) representative from the Idaho fire chiefs association; and
(i) Two (2) representatives from the state legislature that shall include one (1) member from the senate appointed by the president pro tempore of the senate and one (1) member from the house of representatives appointed by the speaker of the house of representatives.
(2) The members of the advisory board shall serve the following terms:
(a) The gubernatorial appointees shall serve terms of three (3) years.
(b) All other members shall serve terms of two (2) years.
(3) A vacancy on the advisory board shall be filled in the same manner as the original appointment and for the balance of the unexpired term.
(4) The advisory board shall appoint a chairperson from among its members for a term certain.
(5) The members of the advisory board shall be compensated as provided in section 59-509(b), Idaho Code.
(6) The advisory board shall meet at least annually, but may meet more frequently subject to the call of the chairperson.
History:
[(33-5905) 33-5805, added 2016, ch. 192, sec. 1, p. 535; am. and redesig. 2017, ch. 58, sec. 16, p. 111; am. 2021, ch. 98, sec. 2, p. 331.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 59 - IDAHO SCHOOL SAFETY AND SECURITY ACT › Section 33-5906 - POWERS AND DUTIES OF THE IDAHO SCHOOL SAFETY AND SECURITY ADVISORY BOARD.

33-5906. POWERS AND DUTIES OF THE IDAHO SCHOOL SAFETY AND SECURITY ADVISORY BOARD. The Idaho school safety and security advisory board shall:
(1) Develop, annually review, and modify, if necessary, school safety and security guidelines for the school safety and security program to use in conducting its annual assessments, training, and technical assistance pursuant to section 33-5904, Idaho Code;
(2) Regularly assess safety and security resources that may be used in public educational facilities; and
(3) On or before February 1 of each year, report to the legislature and to the governor on the status of school safety and security in the Idaho public educational facilities.
History:
[(33-5906) 33-5806, added 2016, ch. 192, sec. 1, p. 536; am. and redesig. 2017, ch. 58, sec. 16, p. 112; am. 2021, ch. 98, sec. 3, p. 332.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 60 - PARENTAL RIGHTS IN EDUCATION › Section 33-6002 - ANNUAL NOTICE OF PARENTAL RIGHTS.

33-6002. ANNUAL NOTICE OF PARENTAL RIGHTS. School districts and the boards of directors of public charter schools shall annually notify a parent or guardian of a student enrolled in the school district or public charter school of the parent’s or guardian’s rights as specified in this chapter.
History:
[(33-6002) 33-5602, added 2016, ch. 143, sec. 1, p. 411; am. and redesig. 2017, ch. 58, sec. 15, p. 110.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 61 - OPPORTUNITIES FOR COLLEGE AND CAREER READY STUDENTS › Section 33-6101 - DEFINITIONS.

33-6101. DEFINITIONS. As used in this chapter:
(1) "Board" means the state board of education.
(2) "College and career readiness score" means the minimum score on a college entrance examination indicating that a student is academically ready to advance to an institution of higher education or to an occupation or occupational training, as determined by the board.
(3) "College entrance examination" means the ACT, the SAT, or a similar examination identified by the board.
(4) "Participation portfolio" means a description of a student’s nonacademic and cocurricular activities including, but not limited to, student government, sports, music ensembles, theater, clubs, organizations, work, internships, and volunteering. A participation portfolio should also include any leadership positions a student holds in nonacademic activities.
History:
[33-6101, added 2019, ch. 297, sec. 1, p. 879.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 61 - OPPORTUNITIES FOR COLLEGE AND CAREER READY STUDENTS › Section 33-6102 - FLEXIBLE SCHEDULE.

33-6102. FLEXIBLE SCHEDULE. (1) A student is eligible to take a flexible schedule as provided in subsection (2) of this section if the student:
(a) Is at least sixteen (16) years of age;
(b) Maintains a cumulative 3.5 grade point average;
(c) Obtains permission from a parent or guardian, if under the age of eighteen (18) years;
(d) Achieves a college and career readiness score;
(e) Files with the student’s school:
(i) Notification of the student’s intent to take a flexible schedule;
(ii) The student’s participation portfolio; and
(iii) An essay of at least one (1) page explaining why the student wishes to have a flexible schedule and outlining the student’s future plans using such flexible schedule; and
(f) Completes:
(i) The civics requirement in section 33-1602, Idaho Code; and
(ii) The economics credit, government credits, and senior project required under the board’s graduation requirements, provided that the student’s senior project may describe the student’s experience in achieving a college and career readiness score and include a detailed explanation of the student’s future plans.
(2) An eligible student may, at the student’s option and upon notification to the student’s school, be relieved from completing any remaining high school graduation requirements. Such student shall have flexibility in the student’s schedule to:
(a) Take elective courses, career technical education programs, or core courses as selected by the student and determined to be available by the student’s school district or public charter school;
(b) Participate in apprenticeships or internships;
(c) Act as a tutor at any grade level; or
(d) Engage in such other activities as identified by the board.
(3) A student with a flexible schedule must adhere to the plans described pursuant to subsection (1)(e) of this section. If the student is under the age of eighteen (18) years, the student’s plans may be modified with the approval of the student’s parent or guardian.
History:
[33-6102, added 2019, ch. 297, sec. 1, p. 879; am. 2020, ch. 26, sec. 2, p. 60.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 61 - OPPORTUNITIES FOR COLLEGE AND CAREER READY STUDENTS › Section 33-6103 - FLEXIBLE SCHEDULE — ADVANCED OPPORTUNITIES FUNDING.

33-6103. FLEXIBLE SCHEDULE — ADVANCED OPPORTUNITIES FUNDING. A student who opts for a flexible schedule pursuant to the provisions of section 33-6102, Idaho Code, may use the student’s allotment of advanced opportunities funds for activities identified in subsection (2)(a) of that section.
History:
[33-6103, added 2019, ch. 297, sec. 1, p. 880.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 61 - OPPORTUNITIES FOR COLLEGE AND CAREER READY STUDENTS › Section 33-6104 - EARLY GRADUATION.

33-6104. EARLY GRADUATION. (1) A student is eligible to graduate early as provided in subsection (2) of this section if the student:
(a) Is at least sixteen (16) years of age;
(b) Maintains a cumulative 3.5 grade point average;
(c) Obtains permission from a parent or guardian, if under the age of eighteen (18) years;
(d) Achieves a college and career readiness score;
(e) Files with the student’s school:
(i) Notification of the student’s intent to graduate early;
(ii) The student’s participation portfolio; and
(iii) An essay of at least one (1) page explaining why the student wishes to graduate early and outlining the student’s future education or training plans if the student graduates early; and
(f) Completes:
(i) The civics requirement in section 33-1602, Idaho Code; and
(ii) The economics credit, government credits, and senior project required under the board’s graduation requirements, provided that the student’s senior project may describe the student’s experience in achieving a college and career readiness score and include a detailed explanation of the student’s future plans.
(2) An eligible student may, at the student’s option and upon notification to the student’s school, be relieved from completing any remaining high school graduation requirements and graduate early.
(3) School districts or public charter schools must grant high school diplomas to students who are eligible and opt for early graduation pursuant to this section.
History:
[33-6104, added 2019, ch. 297, sec. 1, p. 880; am. 2020, ch. 26, sec. 3, p. 61.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 61 - OPPORTUNITIES FOR COLLEGE AND CAREER READY STUDENTS › Section 33-6105 - DUTIES OF BOARD.

33-6105. DUTIES OF BOARD. The board shall:
(1) Perform duties specifically provided in this chapter;
(2) Ensure, through rules established by the board, that any funds distributed pursuant to section 33-6103, Idaho Code, are used for the purpose described in that section; and
(3) Take such actions as are necessary to implement and enforce the provisions of this chapter, including the promulgation of any necessary rules.
History:
[33-6105, added 2019, ch. 297, sec. 1, p. 881.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 62 - FAIRNESS IN WOMEN’S SPORTS ACT › Section 33-6201 - SHORT TITLE.

33-6201. SHORT TITLE. This chapter shall be known and may be cited as the "Fairness in Women’s Sports Act."
History:
[33-6201, added 2020, ch. 333, sec. 1, p. 967.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 62 - FAIRNESS IN WOMEN’S SPORTS ACT › Section 33-6203 - DESIGNATION OF ATHLETIC TEAMS.

33-6203. DESIGNATION OF ATHLETIC TEAMS. (1) Interscholastic, intercollegiate, intramural, or club athletic teams or sports that are sponsored by a public primary or secondary school, a public institution of higher education, or any school or institution whose students or teams compete against a public school or institution of higher education shall be expressly designated as one (1) of the following based on biological sex:
(a) Males, men, or boys;
(b) Females, women, or girls; or
(c) Coed or mixed.
(2) Athletic teams or sports designated for females, women, or girls shall not be open to students of the male sex.
(3) A dispute regarding a student’s sex shall be resolved by the school or institution by requesting that the student provide a health examination and consent form or other statement signed by the student’s personal health care provider that shall verify the student’s biological sex. The health care provider may verify the student’s biological sex as part of a routine sports physical examination relying only on one (1) or more of the following: the student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. The state board of education shall promulgate rules for schools and institutions to follow regarding the receipt and timely resolution of such disputes consistent with this subsection.
History:
[33-6203, added 2020, ch. 333, sec. 1, p. 969.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 62 - FAIRNESS IN WOMEN’S SPORTS ACT › Section 33-6204 - PROTECTION FOR EDUCATIONAL INSTITUTIONS.

33-6204. PROTECTION FOR EDUCATIONAL INSTITUTIONS. A government entity, any licensing or accrediting organization, or any athletic association or organization shall not entertain a complaint, open an investigation, or take any other adverse action against a school or an institution of higher education for maintaining separate interscholastic, intercollegiate, intramural, or club athletic teams or sports for students of the female sex.
History:
[33-6204, added 2020, ch. 333, sec. 1, p. 969.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 62 - FAIRNESS IN WOMEN’S SPORTS ACT › Section 33-6205 - CAUSE OF ACTION.

33-6205. CAUSE OF ACTION. (1) Any student who is deprived of an athletic opportunity or suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school or institution of higher education.
(2) Any student who is subject to retaliation or other adverse action by a school, institution of higher education, or athletic association or organization as a result of reporting a violation of this chapter to an employee or representative of the school, institution, or athletic association or organization, or to any state or federal agency with oversight of schools or institutions of higher education in the state, shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the school, institution, or athletic association or organization.
(3) Any school or institution of higher education that suffers any direct or indirect harm as a result of a violation of this chapter shall have a private cause of action for injunctive relief, damages, and any other relief available under law against the government entity, licensing or accrediting organization, or athletic association or organization.
(4) All civil actions must be initiated within two (2) years after the harm occurred. Persons or organizations who prevail on a claim brought pursuant to this section shall be entitled to monetary damages, including for any psychological, emotional, and physical harm suffered, reasonable attorney’s fees and costs, and any other appropriate relief.
History:
[33-6205, added 2020, ch. 333, sec. 1, p. 969.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 62 - FAIRNESS IN WOMEN’S SPORTS ACT › Section 33-6206 - SEVERABILITY.

33-6206. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
History:
[33-6206, added 2020, ch. 333, sec. 1, p. 970.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 64 - EXTENDED LEARNING OPPORTUNITIES › Section 33-6401 - EXTENDED LEARNING OPPORTUNITIES.

33-6401. EXTENDED LEARNING OPPORTUNITIES. Full-time students attending public schools in Idaho shall be eligible for extended learning opportunities outside of the traditional classroom. For the purposes of this chapter, "extended learning opportunity" means an out-of-classroom learning experience that provides a student with:
(1) Enrichment opportunities outside of a classroom setting;
(2) Career readiness or employability skills, including internships, pre-apprenticeships, and apprenticeships; or
(3) Any other type of out-of-classroom educational opportunity approved by the state board of education or the student’s school district or public charter school.
History:
[33-6401, added 2021, ch. 138, sec. 1, p. 384; am. 2023, ch. 147, sec. 1, p. 400.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 64 - EXTENDED LEARNING OPPORTUNITIES › Section 33-6402 - CREDIT FOR EXTENDED LEARNING OPPORTUNITIES — POLICIES.

33-6402. CREDIT FOR EXTENDED LEARNING OPPORTUNITIES — POLICIES. (1) A student may request credit for an extended learning opportunity. If the extended learning opportunity is approved:
(a) By the student’s school district or public charter school, then the student shall receive credit toward:
(i) District- or school-specific graduation requirements, if the student is a middle level or high school student; or
(ii) Mastery toward required skills or district- or school-specific standards, if the student is an elementary student; or
(b) By the state board of education, then the student shall receive credit toward:
(i) State graduation requirements, if the student is a middle level or high school student; or
(ii) Mastery toward required skills or state standards, if the student is an elementary student.
(2) Each school district and public charter school shall adopt an extended learning opportunities policy to:
(a) Provide a process through which entities may apply to offer extended learning opportunities that will qualify for credit;
(b) Define which entities are eligible to submit applications to offer extended learning opportunities. These entities may include but are not limited to:
(i) Nonprofit organizations;
(ii) Businesses with established locations in the state;
(iii) Trade associations; and
(iv) For middle level or high school students, the United States armed forces;
(c) Provide for a process through which a student may request credit for an extended learning opportunity; and
(d) Define criteria that the school district or public charter school will use to determine whether a proposed extended learning opportunity qualifies for credit toward:
(i) Core of instruction graduation requirements;
(ii) Electives; or
(iii) Required skills or standards.
(3) The state board of education shall adopt a policy regarding extended learning opportunities.
(4) A school district or a public charter school may award elective credit for an extended learning opportunity that did not qualify for credit toward core of instruction graduation requirements.
(5) Credit earned outside of school may not be used to calculate average daily attendance or enrollment for school funding purposes.
History:
[33-6402, added 2021, ch. 138, sec. 1, p. 385.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 64 - EXTENDED LEARNING OPPORTUNITIES › Section 33-6403 - POLICIES AND PROCEDURES — AGREEMENT TO REQUIREMENTS.

33-6403. POLICIES AND PROCEDURES — AGREEMENT TO REQUIREMENTS. Policies and procedures established by a school district or a public charter school shall be such that students have an opportunity to request credit for extended learning opportunities and meet district- or school-established timelines and requirements. To earn credit for an extended learning opportunity under this chapter, the student must agree to the requirements set forth by the school district or public charter school.
History:
[33-6403, added 2021, ch. 138, sec. 1, p. 385.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 64 - EXTENDED LEARNING OPPORTUNITIES › Section 33-6404 - CREDIT FOR PRIOR KNOWLEDGE.

33-6404. CREDIT FOR PRIOR KNOWLEDGE. (1) Starting in fiscal year 2023, a high school student may request credit for a course by demonstrating an understanding of subject area content standards. The board of each school district and public charter school shall adopt a policy to:
(a) Provide a process through which a student may request credit for prior knowledge;
(b) Establish methods by which a student can demonstrate knowledge of the subject area content. Methods may include but are not limited to:
(i) Assessments;
(ii) Performance-based assessments;
(iii) Presentations, major projects, or papers;
(iv) Performance or portfolios; or
(v) Other methods independent of instructional time and credit hours;
(c) Determine the qualifying score or grade, the minimum of which should not exceed eighty percent (80%), that a student must earn in order to receive a pass and earn credit for a course.
(2) If a student earns credit under this section, then the student shall be counted as having completed all required coursework for that course and, if applicable, the prerequisite requirements that the course satisfies. A course for which a student is awarded credit under this section shall also be counted as satisfying the equivalent number of credits toward the student’s graduation requirements.
(3) If credit is earned under this section, a student may not subsequently receive credit for a course earlier in the course sequence in the same subject area.
History:
[33-6404, added 2021, ch. 138, sec. 1, p. 385.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 64 - EXTENDED LEARNING OPPORTUNITIES › Section 33-6405 - RULEMAKING AUTHORITY.

33-6405. RULEMAKING AUTHORITY. The state board of education may promulgate rules to implement the provisions of this chapter.
History:
[33-6405, added 2021, ch. 138, sec. 1, p. 386.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 65 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM › Section 33-6501 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM.

33-6501. RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM. A rural and underserved educator incentive program as set forth in this chapter shall be administered by the state board of education. The program shall provide for the direct repayment of educational loans of eligible educators or the reimbursement of eligible educational expenses such as additional degrees, advanced degrees, career technical certifications, or other educational expenses. The state board of education may promulgate rules to implement the provisions of this chapter.
History:
[33-6501, added 2022, ch. 227, sec. 1, p. 746.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 65 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM › Section 33-6502 - DEFINITIONS.

33-6502. DEFINITIONS. As used in this chapter:
(1) "Educational loans" means all loans made pursuant to a federal loan program, except federal parent loans for undergraduate students (PLUS), as provided in 20 U.S.C. 1078-2.
(2) "Federal loan program" means educational loans authorized by 20 U.S.C. 1071 et seq., 20 U.S.C. 1087a et seq., and 20 U.S.C. 1087aa et seq.
(3) "Rural and underserved educator" means a full-time, standard certificated individual employed as an instructional or pupil service employee in an eligible Idaho school district or at an eligible public charter school.
History:
[33-6502, added 2022, ch. 227, sec. 1, p. 746.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 65 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM › Section 33-6503 - CRITICAL QUALITY EDUCATOR SHORTAGES.

33-6503. CRITICAL QUALITY EDUCATOR SHORTAGES. (1) The state board of education shall identify specific schools that are impacted by critical quality educator shortages using the following criteria:
(a) Rural isolation of the school pursuant to section 33-319, Idaho Code; or
(b) Economic disadvantage of the school based on eligibility for funds pursuant to title I, part A of the federal elementary and secondary education act, as amended.
(2) Rural and underserved educators who are employed at schools identified in subsection (1) of this section are eligible for repayment of all or part of any such educator’s outstanding educational loans existing at the time of application in accordance with the eligibility and award criteria established in this chapter up to the amount specified in section 33-6504, Idaho Code, or eligible education expenses established by the state board of education and in rules promulgated by the state board of education.
History:
[33-6503, added 2022, ch. 227, sec. 1, p. 746.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 65 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM › Section 33-6504 - LOAN REPAYMENT ASSISTANCE — EDUCATIONAL EXPENSES REIMBURSEMENT — ELIGIBILITY AND AWARD CRITERIA.

33-6504. LOAN REPAYMENT ASSISTANCE — EDUCATIONAL EXPENSES REIMBURSEMENT — ELIGIBILITY AND AWARD CRITERIA. (1) Loan repayment assistance or the reimbursement of eligible education expenses may be provided on behalf of a rural and underserved educator who:
(a) Is employed in a school identified pursuant to section 33-6503, Idaho Code;
(b) Has a signed contract with such school; and
(c) Has an educational loan that is not in default and that has a minimum unpaid current balance of at least one thousand dollars ($1,000) or has at least one thousand dollars ($1,000) in eligible education expenses at the time of application; or
(d) Has eligible education expenses that may be reimbursed pursuant to this chapter.
(2) To qualify for loan repayment assistance or education expense reimbursement under this chapter, a rural and underserved educator shall submit an application to the state board of education. For loan repayment applications, the application must include official verification or proof of the applicant’s total unpaid accumulated educational loan debt and any other documentation as required by the state board of education for verification of the applicant’s eligibility.
(3) A rural and underserved educator is eligible for loan repayment assistance or eligible educational expenses for up to four (4) years, provided that the educator remains employed at the same school or by the same school district. The state board of education may remit payment of the loan on behalf of the rural and underserved educator in accordance with the requirements of this chapter and rules promulgated by the state board of education.
(4) The total incentive award shall be:
(a) One thousand five hundred dollars ($1,500) for the first year;
(b) Two thousand five hundred dollars ($2,500) for the second year;
(c) Three thousand five hundred dollars ($3,500) for the third year; and
(d) Four thousand five hundred dollars ($4,500) for the fourth year.
History:
[33-6504, added 2022, ch. 227, sec. 1, p. 746.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 65 - RURAL AND UNDERSERVED EDUCATOR INCENTIVE PROGRAM › Section 33-6505 - AWARD PROTOCOLS — CONSTRUCTION.

33-6505. AWARD PROTOCOLS — CONSTRUCTION. (1) The state board of education may promulgate rules to establish protocols for determining the number of incentive awards that will be made annually based on available appropriations for the program.
(2) The state board of education shall define the criteria for determining the schools that are most impacted by critical quality educator shortages.
(3) Nothing in this chapter may be construed to require the provision of incentive awards without an appropriation for that purpose.
History:
[33-6505, added 2022, ch. 227, sec. 1, p. 747.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 - ESTABLISHMENT CLAUSE AND FREE EXERCISE COMPLIANCE › Section 33-6602 - LEGISLATIVE FINDINGS.

33-6602. LEGISLATIVE FINDINGS. The legislature finds and declares that:
(1) Prior to becoming a high school football coach, Joseph Kennedy trained marines, and in response to his decision to engage in a public prayer at the end of sporting events that was open to others in a manner that was consistent with his religious beliefs and the belief of many student athletes and their parents, he was suspended and later fired by the school district, and similar conflicts have or could arise in the state of Idaho between athletic directors and school districts or public college administrators;
(2) The United States is a constitutional republic that Idaho is a part of, and the free exercise and establishment clauses of the first amendment to the United States constitution state that the government "shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof," and the first amendment applies to the state of Idaho through the fourteenth amendment;
(3) Similarly, section 4, article I of the constitution of the state of Idaho parallels the spirit of the free exercise clause of the first amendment to the United States constitution and states in part, "The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations…"; and
(4) The United States supreme court, in Kennedy v. Bremerton School District, recognized that Lemon v. Kurtzman, 403 U.S. 602 (1971), was overturned and is no longer good law and that, therefore, the Lemon test is inapplicable and government must instead look to history and tradition to determine what is permissible under the establishment clause. This history and tradition prohibits coercion to participate in religious practices.
History:
[33-6602, added 2023, ch. 239, sec. 1, p. 737.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 - ESTABLISHMENT CLAUSE AND FREE EXERCISE COMPLIANCE › Section 33-6603 - PUBLIC PRAYER.

33-6603. PUBLIC PRAYER. (1) This section applies to public college administrators, public school districts, and charter schools.
(2) Pursuant to the free exercise clause of the first amendment to the United States constitution and section 4, article I of the constitution of the state of Idaho, an employee of a public college, school district, or charter school may pray at any time he is otherwise free to engage in personal conversations or other personal conduct.
(3) No public college, public school district, or charter school may punish or otherwise take adverse action or discriminate against any other person for refusing to participate in a prayer described in subsection (2) of this section. A student or the parent of a student who can demonstrate under the preponderance of the evidence standard that the student was punished or discriminated against by an employee for refusing to participate in a prayer as described in subsection (2) of this section has standing under this section to pursue a civil action in a court of competent jurisdiction and the student may seek attorney’s fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.
(4) If a school district or public college administrator prohibits or takes adverse action against an employee for engaging in the activity described in subsection (2) of this section, the employee may pursue a civil cause of action in a court of competent jurisdiction under this section and may seek attorney’s fees, costs, injunctive relief, declaratory relief, and other forms of relief deemed appropriate by the court.
(5) If a court finds that a cause of action brought by an employee under subsection (4) of this section or by a student or his parent under subsection (3) of this section was maliciously filed or initiated for ulterior purposes against a defendant, then the court may award costs and attorney’s fees to a defendant under this section for abuse of process.
(6) A civil action brought in federal district court for a similar violation described in this section under 42 U.S.C. 1983 may find that it has supplemental jurisdiction over a cause of action contemporaneously brought under this section.
(7) Nothing in this section shall be construed to in any way limit the free exercise of religion.
History:
[33-6603, added 2023, ch. 239, sec. 1, p. 738.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6701 - LEGISLATIVE FINDINGS.

33-6601 [33-6701]. LEGISLATIVE FINDINGS. The legislature finds that:
(1) There are real and inherent physical differences between men and women;
(2) Every person has a natural right to privacy and safety in restrooms and changing facilities where such person might be in a partial or full state of undress in the presence of others;
(3) This natural right especially applies to students using public school restrooms and changing facilities where student privacy and safety is essential to providing a safe learning environment for all students;
(4) Requiring students to share restrooms and changing facilities with members of the opposite biological sex generates potential embarrassment, shame, and psychological injury to students, as well as increasing the likelihood of sexual assault, molestation, rape, voyeurism, and exhibitionism;
(5) Providing separate public school restrooms and changing facilities for the different biological sexes is a long-standing and widespread practice protected by federal law, state law, and case law;
(6) Federal legislative action, federal executive action, and federal court judgments that prevent public schools from maintaining separate restrooms and changing facilities for different biological sexes are inconsistent with the United States constitution and violate the privacy and safety rights of students; and
(7) A statewide policy ensuring separate school restrooms and changing facilities on the basis of biological sex is substantially related to the important governmental interest in protecting the privacy and safety of all students.
History:
[33-6601 [33-6701], added 2023, ch. 120, sec. 1, p. 343.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6702 - DEFINITIONS.

33-6602 [33-6702]. DEFINITIONS. For the purposes of this chapter:
(1) "Changing facility" means a facility in which a person may be in a state of undress in the presence of others, including a locker room, changing room, or shower room.
(2) "Public school" means any public school teaching K-12 students within an Idaho school district or charter school.
(3) "Sex" means the immutable biological and physiological characteristics, specifically the chromosomes and internal and external reproductive anatomy, genetically determined at conception and generally recognizable at birth, that define an individual as male or female.
History:
[33-6602 [33-6702], added 2023, ch. 120, sec. 1, p. 344.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6703 - SCHOOL RESTROOMS.

33-6603 [33-6703]. SCHOOL RESTROOMS. (1) Every public school restroom or changing facility accessible by multiple persons at the same time must be:
(a) Designated for use by male persons only or female persons only; and
(b) Used only by members of that sex.
(2) No person shall enter a multi-occupancy restroom or changing facility that is designated for one sex unless such person is a member of that sex. The public school with authority over the building shall ensure that all restrooms and changing facilities provide its users with privacy from members of the opposite sex.
(3) In any other public school setting where a person may be in a state of undress in the presence of others, school personnel must provide separate and private areas designated for use by persons based on their sex, and no person may enter these private areas unless such person is a member of the designated sex.
(4) During any school authorized activity or event where persons share overnight lodging, school personnel must provide separate sleeping quarters for members of each sex. No person shall share sleeping quarters, a restroom, or a changing facility with a person of the opposite sex, unless the persons are members of the same family.
History:
[33-6603 [33-6703], added 2023, ch. 120, sec. 1, p. 344.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6704 - EXEMPTIONS.

33-6604 [33-6704]. EXEMPTIONS. This chapter shall not apply:
(1) To single-occupancy restrooms and changing facilities or restrooms and changing facilities that are conspicuously designated for unisex or family use;
(2) To restrooms and changing facilities that have been temporarily designated for use by that person’s biological sex;
(3) To a person of one sex who uses a single-sex facility designated for the opposite sex, if such single-sex facility is the only facility reasonably available at the time of the person’s use of the facility;
(4) To a person employed to clean, maintain, or inspect a restroom or single-sex facility;
(5) To a person who enters a restroom or facility to render medical assistance;
(6) To a person who is in need of assistance and, for the purposes of receiving that assistance, is accompanied by a family member, a legal guardian, or the person’s designee who is a member of the designated sex for the single-sex restroom or changing facility;
(7) To coaching staff and personnel during athletic events; or
(8) During an ongoing natural disaster or emergency, or when necessary to prevent a serious threat to good order or student safety.
History:
[33-6604 [33-6704], added 2023, ch. 120, sec. 1, p. 344.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6705 - REASONABLE ACCOMMODATION.

33-6605 [33-6705]. REASONABLE ACCOMMODATION. (1) A public school shall provide a reasonable accommodation to a student who:
(a) For any reason, is unwilling or unable to use a multi-occupancy restroom or changing facility designated for the person’s sex and located within a public school building, or multi-occupancy sleeping quarters while attending a public school-sponsored activity; and
(b) Provides a written request for reasonable accommodation to the public school.
(2) A reasonable accommodation does not include access to a restroom, changing facility, or sleeping quarter that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
History:
[33-6605 [33-6705], added 2023, ch. 120, sec. 1, p. 345.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6706 - CIVIL CAUSE OF ACTION.

33-6606 [33-6706]. CIVIL CAUSE OF ACTION. (1) Any student who, while accessing a public school restroom, changing facility, or sleeping quarters designated for use by the student’s sex, encounters a person of the opposite sex has a private cause of action against the school if:
(a) The school gave that person permission to use facilities of the opposite sex; or
(b) The school failed to take reasonable steps to prohibit that person from using facilities of the opposite sex.
(2) Any civil action arising under this chapter must be commenced within four (4) years after the cause of action has occurred.
(3) Any student who prevails in an action brought under this chapter may recover from the defendant public school five thousand dollars ($5,000) for each instance that the student encountered a person of the opposite sex while accessing a public school restroom, changing facility, or sleeping quarters designated for use by aggrieved student’s sex. The student may also recover monetary damages from the defendant public school for all psychological, emotional, and physical harm suffered.
(4) Any student who prevails in action brought under this chapter is entitled to recover reasonable attorney’s fees and costs from the defendant public school.
(5) Nothing in this chapter limits other remedies at law or equity available to the aggrieved student against the school.
History:
[33-6606 [33-6706], added 2023, ch. 120, sec. 1, p. 345.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 66 [67] - PROTECTING THE PRIVACY AND SAFETY OF STUDENTS IN PUBLIC SCHOOLS › Section 33-6707 - PREEMPTION.

33-6607 [33-6707]. PREEMPTION. This chapter preempts any law, regulation, policy, or decree enacted or adopted by any city, county, municipality, or other political subdivision within the state that purports to permit or require public schools to allow persons to use facilities designated for the other sex.
History:
[33-6607 [33-6707], added 2023, ch. 120, sec. 1, p. 345.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-101 - “GENERAL ELECTION” DEFINED — OFFICES TO BE FILLED — CONSTITUTIONAL AMENDMENTS.

34-101. "GENERAL ELECTION" DEFINED — OFFICES TO BE FILLED — CONSTITUTIONAL AMENDMENTS. "General election" means the national, state and county election held on the first Tuesday succeeding the first Monday of November in each even-numbered year.
At these elections there shall be chosen all congressional, state and county officers, including electors of president and vice-president of the United States, as are by law to be elected in such years.
All amendments to the Idaho constitution shall be submitted to the voters for their approval at these elections.
History:
[34-101, added 1970, ch. 140, sec. 1, p. 351; am. 1971, ch. 194, sec. 1, p. 881.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-102 - “PRIMARY ELECTION” DEFINED — PURPOSES.

34-102. "PRIMARY ELECTION" DEFINED — PURPOSES. "Primary election" means an election held for the purpose of nominating persons as candidates of political parties for election to offices, and for the purpose of electing persons as members of the controlling committees of political parties. Primary elections shall be held on the third Tuesday of May in each even-numbered year.
History:
[34-102, added 1970, ch. 140, sec. 2, p. 351; am. 1971, ch. 194, sec. 2, p. 881; am. 1975, ch. 174, sec. 11, p. 469; am. 1979, ch. 309, sec. 1, p. 834; am. 2011, ch. 11, sec. 10, p. 30; am. 2012, ch. 33, sec. 1, p. 103; am. 2015, ch. 292, sec. 1, p. 1166; am. 2023, ch. 208, sec. 1, p. 574.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-103 - “SPECIAL ELECTION” DEFINED.

34-103. "SPECIAL ELECTION" DEFINED. "Special election" means any election other than a general or primary election held at any time for any purpose provided by law.
History:
[34-103, added 1970, ch. 140, sec. 3, p. 351; am. 1971, ch. 194, sec. 3, p. 881.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-104 - “QUALIFIED ELECTOR” DEFINED.

34-104. "QUALIFIED ELECTOR" DEFINED. "Qualified elector" means any person who is eighteen (18) years of age, is a United States citizen and who has resided in this state and in the county at least thirty (30) days next preceding the election at which he desires to vote, and who is registered as required by law.
History:
[34-104, added 1970, ch. 140, sec. 4, p. 351; am. 1971, ch. 194, sec. 4, p. 881; am. 1972, ch. 350, sec. 1, p. 1036; am. 1973, ch. 304, sec. 1, p. 646; am. 1982, ch. 253, sec. 1, p. 645.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-105 - “REGISTERED ELECTOR” DEFINED.

34-105. "REGISTERED ELECTOR" DEFINED. "Registered elector", for the purpose of this act, means any "qualified elector".
History:
[34-105, added 1970, ch. 140, sec. 5, p. 351; am. 1971, ch. 194, sec. 5, p. 881.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-107 - “RESIDENCE” DEFINED.

34-107. "RESIDENCE" DEFINED. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.
(2) If a person claims an exemption under section 63-602G, Idaho Code, then the homestead for which the exemption is claimed shall be the person’s residence for voting purposes. If no such exemption is claimed, then in determining the principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.
(3) A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.
(4) A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.
(5) If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.
History:
[34-107, added 1970, ch. 140, sec. 7, p. 351; am. 1971, ch. 194, sec. 7, p. 881; am. 1982, ch. 215, sec. 1, p. 589; am. 1989, ch. 147, sec. 1, p. 354; am. 1996, ch. 322, sec. 34, p. 1063; am. 2022, ch. 81, sec. 1, p. 229.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-108 - “ELECTION OFFICIAL” DEFINED.

34-108. "ELECTION OFFICIAL" DEFINED. "Election official" means the secretary of state, any county clerk, registrar, judge of election, clerk of election, canvassing board or board of county commissioners engaged in the performance of election duties as required by law.
History:
[34-108, added 1970, ch. 140, sec. 8, p. 351; am. 1971, ch. 194, sec. 8, p. 881.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-109 - “POLITICAL PARTY” DEFINED.

34-109. "POLITICAL PARTY" DEFINED. "Political party" means an affiliation of electors representing a political group under a given name as authorized by law.
History:
[34-109, added 1970, ch. 140, sec. 9, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-110 - “ELECTION REGISTER” DEFINED.

34-110. "ELECTION REGISTER" DEFINED. "Election register" means the voter registration cards of all electors who are qualified to appear and vote at the designated polling places.
History:
[34-110, added 1970, ch. 140, sec. 10, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-111 - “COMBINATION ELECTION RECORD AND POLL BOOK” DEFINED — OPERATION.

34-111. "COMBINATION ELECTION RECORD AND POLL BOOK" DEFINED — OPERATION. (1) "Combination election record and poll book" means the book containing a listing of registered electors who are qualified to appear and vote at the designated polling places. An additional copy of the combination election record and poll book may be maintained to record that the elector has voted.
(2) The county clerk shall deliver to the chief election judge in each precinct, as other election supplies and materials are delivered, a list in alphabetical order of all registered electors referred to in section 34-110, Idaho Code. This list shall constitute the combination election record and poll book of each precinct. This list shall include the residence address of each elector. For any given precinct, the list may be divided into two (2) or more separate parts and shall be alphabetical according to the name of the registered elector.
(3) The county clerk shall administer an oath of office to the chief judge of each precinct, before or upon delivering supplies. The county clerk may delegate his authority to administer oath of the chief judge to any officer authorized to administer oaths, including notaries public.
(4) Before entering upon the discharge of their duties, the election judges shall take and subscribe an oath in the combination election record and poll book. Such oaths shall be administered by the chief judge of the precinct. Should the chief judge fail to be present any officer authorized to administer oaths including notaries public may administer oaths to the election judges. Blank oaths of office shall be attached to the combination election record and poll book.
(5) The combination election record and poll book shall be in the manner and form prescribed by the secretary of state.
(6) Immediately after the close of the polls, the names of the electors who voted shall be counted and the number written and certified in the combination election record and poll book. The combination election record and poll book shall be immediately signed by each of the election board judges.
History:
[34-111, added 1970, ch. 140, sec. 11, p. 351; am. 1972, ch. 350, sec. 3, p. 1036; am. 1982, ch. 137, sec. 1, p. 388.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 1 - DEFINITIONS › Section 34-111A - “ELECTRONIC POLL BOOK” DEFINED.

34-111A. "ELECTRONIC POLL BOOK" DEFINED. "Electronic poll book" means an electronic list of registered voters for a particular precinct or polling location that may be transported to the polling location. The electronic poll book shall contain the same information as the combination election record and poll book as defined in this chapter.
History:
[34-111A, added 2015, ch. 282, sec. 1, p. 1147.]