reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1608 - DUTIES OF THE FINANCIAL INSTITUTION.

32-1608. DUTIES OF THE FINANCIAL INSTITUTION. (1) Upon receipt or acceptance of an asset withholding order issued by the department pursuant to this chapter, the financial institution shall immediately freeze the asset subject to the withholding order up to the maximum amount as set forth in section 32-1601(6), Idaho Code. The financial institution shall honor the terms of the account of the said asset, except when the terms conflict with compliance with this chapter. The financial institution shall freeze, release or surrender the asset as provided in this chapter.
(2) The financial institution shall be required to mail, within two (2) business days, copies of the asset withholding order and notice, provided by the department pursuant to section 32-1605(3), Idaho Code, to the obligor and to each co-owner, based on the records of the financial institution. A fee not to exceed five dollars ($5.00) per mailing may be assessed by the financial institution for sending the required copies of the documents. The fee can be withheld in addition to the amount ordered withheld. If funds are inadequate to cover the amount of the asset withholding order and the fees, the fees may be withheld from the asset before the remaining balance is applied to the withholding order.
(3) The financial institution shall complete and return to the department any asset verification form provided by the department within fourteen (14) days from the date of receipt of the asset verification form.
(4) Upon notification by the department that the obligor has not filed a request for hearing within the allowed time, the financial institution will release the asset promptly to the department by sending the funds to the department.
History:
[32-1608, added 2004, ch. 213, sec. 2, p. 645.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1609 - NO REQUEST FOR HEARING.

32-1609. NO REQUEST FOR HEARING. If the obligor or a co-owner has not filed a request for hearing within fourteen (14) days after the date the department mailed the notice to the obligor, the department shall notify the financial institution and the financial institution shall promptly surrender the amount of the asset that has been frozen to the department. The department shall apply this amount to the obligor’s arrears.
History:
[32-1609, added 2004, ch. 213, sec. 2, p. 645.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1610 - HEARING TO CONTEST ASSET WITHHOLDING.

32-1610. HEARING TO CONTEST ASSET WITHHOLDING. (1) Within five (5) business days of receiving a timely request for hearing, the department will schedule the administrative hearing date and notify the obligor and any co-owners by mail. Upon receiving the request for hearing, the department shall notify the financial institution that it must continue to hold the asset until an order is issued and the department provides instructions for the disposition of the asset pursuant to section 32-1612, Idaho Code.
(2) The department will hold an administrative hearing within thirty (30) days from the day the department receives the request for hearing.
History:
[32-1610, added 2004, ch. 213, sec. 2, p. 645.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1611 - BASIS TO CONTEST THE ASSET WITHHOLDING ORDER.

32-1611. BASIS TO CONTEST THE ASSET WITHHOLDING ORDER. The obligor who owes the support or any co-owner of the asset that is subject to the asset withholding order may contest the order to withhold. Contests are limited to the following issues:
(1) The amount of the arrears;
(2) The validity of the order;
(3) The extent of the obligor’s interest in the asset; or
(4) The amount which qualifies as a homestead exemption pursuant to section 55-1008, Idaho Code.
Issues that have been previously adjudicated may not be contested.
History:
[32-1611, added 2004, ch. 213, sec. 2, p. 646.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1612 - ORDER FROM HEARING.

32-1612. ORDER FROM HEARING. (1) The department shall issue an order based upon the hearing that rejects the contest or supports the contest in whole or part. The parties may file an appeal with the district court within twenty-eight (28) days, notwithstanding the provisions of section 67-5243, Idaho Code.
(2) The department shall notify the financial institution in writing, within two (2) business days after the receipt of the order, as to the outcome of the hearing, and provide instructions to the financial institution as to the disposition of the asset that has been frozen.
History:
[32-1612, added 2004, ch. 213, sec. 2, p. 646.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1613 - DEFAULT.

32-1613. DEFAULT. (1) The allegations of the asset withholding order shall be deemed admitted and the department shall issue an order upholding the asset withholding order if the obligor or co-owner fails to appear at the hearing without good cause. The default and issuance of any subsequent order shall be entered pursuant to the department’s rules governing contested case proceedings.
(2) The department shall notify the financial institution in writing, within two (2) business days after the receipt of the default order, and provide instructions to the financial institution as to the disposition of the asset that has been frozen.
History:
[32-1613, added 2004, ch. 213, sec. 2, p. 646.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 16 - FINANCIAL INSTITUTION DATA MATCH PROCESS › Section 32-1614 - LIABILITY OF FINANCIAL INSTITUTION.

32-1614. LIABILITY OF FINANCIAL INSTITUTION. Notwithstanding any other provisions of federal or state law, any financial institution, or officer, agent or employee of the financial institution, acting in good faith, shall be immune from all civil and criminal liability for withholding funds, freezing assets, turning over assets or otherwise complying or attempting to comply with the provisions of this chapter or for disclosing any information to a state child support enforcement agency pursuant to this chapter. A financial institution shall not be required to give notice to any owner or co-owner of the financial institution concerning whom the financial institution has provided information pursuant to the data match process. The state child support enforcement agency which obtains information from any financial institution may disclose such information only for the purpose of, and to the extent necessary to establish, modify or enforce a support obligation of an obligor.
History:
[32-1614, added 2004, ch. 213, sec. 2, p. 646.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 17 - DE FACTO CUSTODIAN ACT › Section 32-1701 - SHORT TITLE.

32-1701. SHORT TITLE. This chapter may be known and cited as the "De Facto Custodian Act."
History:
[32-1701, added 2010, ch. 236, sec. 1, p. 609.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 17 - DE FACTO CUSTODIAN ACT › Section 32-1702 - PURPOSE.

32-1702. PURPOSE. The purpose of this act is to:
(1) Give constitutionally required deference to the decisions of fit parents in custody actions brought by third parties;
(2) Subject to such constitutionally required deference, meet the needs of children for caring and stable homes by providing a flexible method by which a third party who has cared for and supported a child may obtain legal and physical custody of the child where such custody is in the child’s best interests.
History:
[32-1702, added 2010, ch. 236, sec. 1, p. 609.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 17 - DE FACTO CUSTODIAN ACT › Section 32-1703 - DE FACTO CUSTODIANS.

32-1703. DE FACTO CUSTODIANS. (1) "De facto custodian" means an individual who:
(a) Is related to a child within the third degree of consanguinity; and
(b) Either individually or together with a copetitioner has been the primary caretaker and primary financial supporter of such child has resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:
(i) Six (6) months or more if the child is under three (3) years of age; or
(ii) One (1) year or more if the child is three (3) years of age or older.
(c) For purposes of the definition in this section, "lack of demonstrated consistent participation" by a parent means refusal or failure to comply with the duties imposed upon the parent by the parent-child relationship. When determining a "lack of demonstrated consistent participation," the court may consider parent involvement in providing the child necessary food, clothing, shelter, health care and education and in creating a nurturing and consistent relationship for the child’s physical, mental or emotional health and development.
(2) In determining if a petitioner or intervenor is a de facto custodian for the child, the court shall also take into consideration whether the child is currently residing with the petitioner or intervenor and, if not, the length of time since the child resided with the petitioner or intervenor.
(3) Any period of time after the filing of a petition pursuant to this chapter shall not be included in determining whether the child has resided with the individual for the time period as provided in subsection (1) of this section.
(4) An individual shall not be deemed a de facto custodian if a child has resided with the individual because:
(a) The child was placed in the individual’s care through a court order or voluntary placement agreement under title 16, Idaho Code; or
(b) The individual is or was cohabiting with, or is or was married to, a parent of the child.
History:
[32-1703, added 2010, ch. 236, sec. 1, p. 609.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 17 - DE FACTO CUSTODIAN ACT › Section 32-1705 - NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP.

32-1705. NATURE OF DE FACTO CUSTODIAN ORDER — ACCESS TO RECORDS — TERMINATION OF DE FACTO CUSTODIANSHIP. (1) A court may enter an order granting a de facto custodian sole or joint legal and/or physical custody as defined in section 32-717B(1), (2) and (3), Idaho Code, in the same manner as it would grant such custody to a parent.
(2) An order granting custody to a de facto custodian is subject to the continuing jurisdiction of the court and is modifiable in the same manner as an order establishing parental custody pursuant to section 32-717, Idaho Code, or a similar provision.
(3) A de facto custodian who has been granted sole or joint legal custody of a child shall have access to records pertaining to the child who is the subject of the de facto custodianship to the same extent as a parent would have such access pursuant to an order of legal custody.
(4) Any party to the proceeding granting custody to a de facto custodian may move for the termination of the custody order. A de facto custodian may move for permission to resign as de facto custodian.
(a) A party moving for termination of the de facto custodian-child relationship must show by a preponderance of the evidence that termination of the relationship would be in the best interests of the child.
(b) A motion for termination or for resignation may, but need not, include a proposal for the continuing custody of the child.
(c) After notice and hearing on a motion for termination or resignation, the court may terminate the custody of the de facto custodian and may make any further orders that may be appropriate in the best interests of the child.
History:
[32-1705, added 2010, ch. 236, sec. 1, p. 611.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1801 - DELEGATION OF PARENTAL POWERS.

32-1801. DELEGATION OF PARENTAL POWERS. (1) A parent or legal guardian of a child, by a properly executed power of attorney, may temporarily delegate to another person, named in the instrument as the temporary caregiver, any of the traditional parental rights and responsibilities regarding care and custody of the child except for:
(a) Consent for the child to marry;
(b) Consent for an abortion or inducement of an abortion to be performed on or for the child; or
(c) The termination of parental rights to the child.
(2) A temporary caregiver properly appointed pursuant to this chapter and in compliance with this chapter is not subject to any statutes regarding the licensing or regulation of foster care homes or other child care facility licensing statutes, and the appointment of a temporary caregiver pursuant to this chapter does not constitute an out-of-home child placement.
(3) The child or children subject to the power of attorney established pursuant to this section will not be considered placed in foster care, and the parties involved in the power of attorney established pursuant to this section are not subject to any requirements, monitoring, or other regulation for foster care or community care solely because of the execution of an instrument authorized pursuant to this section.
(4) A delegation of parental rights and responsibilities made pursuant to this section may last for up to six (6) months.
History:
[32-1801, added 2021, ch. 269, sec. 1, p. 818.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1802 - RETENTION OF PARENTAL RIGHTS.

32-1802. RETENTION OF PARENTAL RIGHTS. (1) A temporary delegation of rights and responsibilities under this chapter does not:
(a) Operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order;
(b) Deprive the parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child; or
(c) Constitute child abuse, neglect, or placement in foster care.
(2) The parent or legal custodian of the child has the authority to revoke or withdraw the power of attorney authorized by section 32-1801, Idaho Code, at any time.
(3) Upon the termination, withdrawal, or revocation of the power of attorney established by section 32-1801, Idaho Code, the child will be returned to the custody of the parent or legal guardian no later than forty-eight (48) hours after such termination, withdrawal, or revocation.
History:
[32-1802, added 2021, ch. 269, sec. 1, p. 818.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1803 - REIMBURSEMENT OF TEMPORARY CAREGIVER.

32-1803. REIMBURSEMENT OF TEMPORARY CAREGIVER. A temporary caregiver appointed pursuant to section 32-1801, Idaho Code, shall not receive financial payment other than reimbursement for actual expenses arising from the care of the child.
History:
[32-1803, added 2021, ch. 269, sec. 1, p. 819.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1804 - DISCLOSURE OF TEMPORARY CARE ASSISTANCE PROGRAM.

32-1804. DISCLOSURE OF TEMPORARY CARE ASSISTANCE PROGRAM. (1) For purposes of this section and section 32-1805, Idaho Code, "temporary care assistance program" means a program operated by an organization that assists a parent or guardian with recruiting or identifying an appropriate and safe temporary caregiver to whom the parent or guardian can choose to delegate temporary care responsibility of a minor through a power of attorney. A temporary care assistance program shall comply with nationally recognized standards, such as those found in the title IV-E prevention services clearinghouse.
(2) During a child protection investigation that does not result in an out-of-home placement due to abuse of a child, the child protective investigator is authorized and encouraged to provide information to the parent or legal guardian about temporary care assistance programs. The child protective investigator is authorized to exercise discretion in recommending programs, organizations, and resources to the parent or legal guardian.
History:
[32-1804, added 2021, ch. 269, sec. 1, p. 819.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1805 - TEMPORARY CARE ASSISTANCE PROGRAM REQUIREMENTS.

32-1805. TEMPORARY CARE ASSISTANCE PROGRAM REQUIREMENTS. (1) A temporary care assistance program shall check against the state’s sex offender registry operated by the Idaho state police and against the national sex offender public website operated by the United States department of justice that checks names and addresses in the registries before allowing someone to become a temporary caregiver within the program’s service. The process must include a check against the Idaho child protection central registry operated by the Idaho department of health and welfare. The process must also include a criminal history and background check conducted by the department of health and welfare, which may assess a fee to the temporary care assistance program to cover costs associated with the criminal history and background check.
(2) The temporary caregiver’s residence must be inspected annually by the affiliated temporary care assistance program.
(3) The temporary care assistance program must disclose to any parent or guardian using its services that any delegation of parental rights and responsibilities shall be made to a temporary caregiver, not to the temporary care assistance program itself.
History:
[32-1805, added 2021, ch. 269, sec. 1, p. 819.]
2023 Idaho Code › Title 32 - DOMESTIC RELATIONS › Chapter 18 - TEMPORARY CAREGIVERS AND TEMPORARY CARE ASSISTANCE PROGRAMS › Section 32-1806 - STATUTORY CONSTRUCTION.

32-1806. STATUTORY CONSTRUCTION. (1) Nothing in this chapter shall be construed to affect any delegation of powers made pursuant to section 15-5-104, Idaho Code.
(2) Nothing in this chapter shall be construed as invalidating the provisions of the child protective act in chapter 16, title 16, Idaho Code, or shall modify the burden of proof at any stage of proceedings under the child protective act. Nothing in this chapter shall be construed to modify any existing, compelling governmental interest.
History:
[32-1806, added 2021, ch. 269, sec. 1, p. 819.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-101 - CREATION OF BOARD.

33-101. CREATION OF BOARD. For the general supervision, governance and control of all state educational institutions, to wit: University of Idaho, Idaho State University, Boise State University, Lewis-Clark State College, the School for the Deaf and the Blind and any other state educational institution which may hereafter be founded, and for the general supervision, governance and control of the public school systems, including public community colleges, a state board of education is created. The said board shall be known as the state board of education and board of regents of the University of Idaho.
For the purposes of section 20, article IV, of the constitution of the state of Idaho, the state board of education and all of its offices, agencies, divisions and departments shall be an executive department of state government.
Where the term "state board" shall hereafter appear, it shall mean the state board of education and board of regents of the University of Idaho.
History:
[33-101, added 1963, ch. 13, sec. 1, p. 27; am. 1974, ch. 10, sec. 1, p. 49; am. 1993, ch. 404, sec. 1, p. 1471; am. 1999, ch. 56, sec. 1, p. 144.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-102 - MEMBERSHIP — APPOINTMENT — TERM OF OFFICE — QUALIFICATIONS — PLACE OF OFFICE.

33-102. MEMBERSHIP — APPOINTMENT — TERM OF OFFICE — QUALIFICATIONS — PLACE OF OFFICE. The state board of education shall consist of the state superintendent of public instruction, who shall be an ex officio voting member and who shall serve as executive secretary of the board for all elementary and secondary school matters, and seven (7) members appointed by the governor, each for a term of five (5) years. Annually on the first day of July the governor shall appoint members to fill the board positions for which the terms of office have expired. Upon the expiration date of the term of office, a member shall continue to serve until a successor shall have been appointed. The governor shall, by appointment, fill any vacancy on the board, such appointment to be for the unexpired term of the retiring member. Appointment to the board shall be made solely upon consideration of the ability of such appointees efficiently to serve the interests of the people, and education, without reference to locality, occupation, party affiliation or religion. Any person appointed to said board shall have been a resident of the state for not less than three (3) years prior to the date of appointment; and shall qualify and assume the duties in accordance with laws governing similar appointments to, and qualifications for, office on other state boards. Members shall act and assume full powers and duties upon appointment, but such appointments shall be subject to confirmation by the senate at its next regular session.
The state board shall have and maintain its office in Ada county.
History:
[33-102, added 1963, ch. 13, sec. 2, p. 27; am. 1965, ch. 253, sec. 1, p. 637; am. 1972, ch. 85, sec. 1, p. 172; am. 1974, ch. 10, sec. 2, p. 49; am. 1993, ch. 404, sec. 2, p. 1472; am. 1999, ch. 56, sec. 2, p. 144; am. 2001, ch. 183, sec. 8, p. 618; am. 2014, ch. 138, sec. 1, p. 376.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-102A - OFFICE OF THE STATE BOARD — EXECUTIVE OFFICER — APPOINTMENT — COMPENSATION — DUTIES AND POWERS.

33-102A. OFFICE OF THE STATE BOARD — EXECUTIVE OFFICER — APPOINTMENT — COMPENSATION — DUTIES AND POWERS. There is hereby created as an executive agency of the state board of education the office of the state board of education. The state board of education is hereby authorized to appoint an executive officer of the state board who shall serve at the pleasure of the state board and shall receive such salary as fixed by the state board. The executive secretary may be appointed as the executive officer. The executive officer shall, under the direction of the state board, have such duties and powers as prescribed by the said board of regents and the state board of education, not otherwise assigned by law.
History:
[(33-102A) I.C., sec. 102A, as added by 1965, ch. 253, sec. 2, p. 637; am. 1972, ch. 85, sec. 2, p. 172; am. 1974, ch. 10, sec. 3, p. 49; am. 1993, ch. 404, sec. 3, p. 1472; am. 1996, ch. 217, sec. 1, p. 717; am. 2011, ch. 222, sec. 1, p. 609.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-103 - REMOVAL OF MEMBERS — CAUSE.

33-103. REMOVAL OF MEMBERS — CAUSE. The governor is empowered to remove from membership on the state board any member who has been proved guilty of gross immorality, malfeasance in office or incompetency, and shall fill the vacancy thus created by appointment as hereinbefore provided.
History:
[33-103, added 1963, ch. 13, sec. 3, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-104 - MEETINGS OF THE BOARD — HONORARIUM — EXPENSES — ORGANIZATION.

33-104. MEETINGS OF THE BOARD — HONORARIUM — EXPENSES — ORGANIZATION. The state board shall hold no less than four (4) regular meetings annually at such time and place as may be directed by the board. Special meetings may be called by the president at any time and place designated in such call.
Each member shall be compensated as provided by section 59-509(h), Idaho Code.
At its first meeting after the first day of April, in each year, the state board shall organize and shall elect from its membership a president, a vice president and a secretary.
History:
[33-104, added 1963, ch. 13, sec. 4, p. 27; am. 1971, ch. 50, sec. 1, p. 122; am. 1976, ch. 354, sec. 1, p. 1169; am. 1980, ch. 247, sec. 25, p. 600; am. 1981, ch. 21, sec. 1, p. 35.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-106 - BUDGET.

33-106. BUDGET. The state board shall prepare a budget of necessary expenditures of its executive department, and shall have control of all moneys appropriated for said purposes.
History:
[33-106, added 1963, ch. 13, sec. 6, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-107C - BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS.

33-107C. BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS. (1) The state board of education and the board of regents of the university of Idaho may establish one (1) or more retirement plans as described herein for members of the teaching staff and officers of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the state board of education who are eligible to participate in an optional retirement program described in section 33-107A, Idaho Code, or section 33-107B, Idaho Code, or who are vested members in the public employee retirement system of Idaho.
(2) A plan established under this section shall comply with federal tax laws applicable to the design of the plan, which may include sections 401(a), 403(b), 415(m), 457(b) and 457(f) of the Internal Revenue Code or other federal tax laws.
(3) To the extent permitted by federal tax law, a plan established under this section may provide for contributions or payments solely at the direction of the employer, or deferral of an employee’s compensation at the election of the employee.
History:
[33-107C, added 2009, ch. 286, sec. 1, p. 859.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-107D - CAMPUS ACCESS FOR RELIGIOUS STUDENTS.

33-107D. CAMPUS ACCESS FOR RELIGIOUS STUDENTS. (1) No state postsecondary educational institution shall take any action or enforce any policy that would deny a religious student group any benefit available to any other student group based on the religious student group’s requirement that its leaders adhere to its sincerely held religious beliefs or standards of conduct.
(2) As used in this section:
(a) "Benefits" include without limitation:
(i) Recognition;
(ii) Registration;
(iii) The use of facilities at the state postsecondary educational institution for meetings or speaking purposes;
(iv) The use of channels of communication of the state postsecondary educational institution; and
(v) Funding sources that are otherwise available to any other student group through the state postsecondary educational institution.
(b) "State postsecondary educational institution" means a public postsecondary organization governed or supervised by the state board, the board of regents of the university of Idaho, a board of trustees of a community college established pursuant to the provisions of chapter 21, title 33, Idaho Code, or the state board for career technical education.
History:
[33-107D, added 2013, ch. 190, sec. 1, p. 472; am. 2016, ch. 25, sec. 5, p. 39.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-108 - PREPARE AND PUBLISH REPORTS.

33-108. PREPARE AND PUBLISH REPORTS. The state board shall prepare, or cause to be prepared, and publish such reports, statistical tables and studies as may be a contribution to the general educational welfare of the state.
History:
[33-108, added 1963, ch. 13, sec. 8, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-109 - ANNUAL REPORT.

33-109. ANNUAL REPORT. The state board shall cause to be prepared a report of its actions and expenditures for each year ending on the thirtieth day of June with such recommendations as it shall deem proper for the good of the state educational institutions and public schools of the state. Such report shall be prepared in the form and number, and filed at the time, provided by section 67-3502, Idaho Code.
History:
[33-109, added 1963, ch. 13, sec. 9, p. 27; am. 1976, ch. 9, sec. 1, p. 25; am. 2010, ch. 79, sec. 8, p. 137.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-110 - AGENCY TO NEGOTIATE, AND ACCEPT, FEDERAL ASSISTANCE.

33-110. AGENCY TO NEGOTIATE, AND ACCEPT, FEDERAL ASSISTANCE. The state board is designated as the state educational agency which is authorized to negotiate, and contract with, the federal government, and to accept financial or other assistance from the federal government or any agency thereof, under such terms and conditions as may be prescribed by congressional enactment designed to further the cause of education.
History:
[33-110, added 1963, ch. 13, sec. 10, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-111 - BUDGET FOR EDUCATIONAL INSTITUTIONS.

33-111. BUDGET FOR EDUCATIONAL INSTITUTIONS. The state board shall submit to the budget director of the state, at a time set by said director, a budget for each state educational institution under its government and control, showing the financial needs of said institutions for the period for which appropriations are to be made. The board shall direct and control all funds so appropriated.
History:
[33-111, added 1963, ch. 13, sec. 11, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-112 - PLANS AND SPECIFICATIONS — EQUIPMENT, APPLIANCES AND SUPPLIES.

33-112. PLANS AND SPECIFICATIONS — EQUIPMENT, APPLIANCES AND SUPPLIES. The state board shall authorize and approve all plans and specifications for the construction or alteration of buildings at the state educational institutions under its government and control; and shall direct and control the purchase of equipment, fixtures and supplies therefor.
History:
[33-112, added 1963, ch. 13, sec. 12, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-113 - LIMITS OF INSTRUCTION.

33-113. LIMITS OF INSTRUCTION. The state board, in the interests of efficiency, shall define the limits of all instruction in the educational institutions supported in whole or in part by the state, and, as far as practicable, prevent wasteful duplication of effort in said institutions.
History:
[33-113, added 1963, ch. 13, sec. 13, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-114 - CERTIFICATION — COURSES OF STUDY — ACCREDITATION.

33-114. CERTIFICATION — COURSES OF STUDY — ACCREDITATION. Supervision and control of the certification of professional education personnel is vested in the state board. The board shall approve the program of education of such personnel in all higher institutions in the state, both public and private, and shall accredit as teacher training institutions those in which such programs have been approved.
History:
[33-114, added 1963, ch. 13, sec. 14, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-114A - ADOPTION OF STANDARDS FOR THE INITIAL CERTIFICATION OF PROFESSIONAL SCHOOL PERSONNEL.

33-114A. ADOPTION OF STANDARDS FOR THE INITIAL CERTIFICATION OF PROFESSIONAL SCHOOL PERSONNEL. [EFFECTIVE UNTIL JUNE 30, 2027] Effective July 1, 2022, the Idaho standards for initial certification of professional school personnel shall be the standards prepared by the 2020-2021 educator standards working group dated February 24, 2022.
History:
[33-114A, added 2022, ch. 175, sec. 1, p. 570.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-115 - TEACHERS’ REGISTER.

33-115. TEACHERS’ REGISTER. The state board shall keep in its department of education, a register of persons qualified to teach in Idaho, or of any persons otherwise qualified but not having received a teaching certificate, upon the request of such person. Information concerning persons so registered shall be available to any Idaho person seeking to employ teachers.
History:
[33-115, added 1963, ch. 13, sec. 15, p. 27; am. 1974, ch. 10, sec. 6, p. 49.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-116 - SCHOOL DISTRICTS UNDER BOARD SUPERVISION.

33-116. SCHOOL DISTRICTS UNDER BOARD SUPERVISION. All school districts in Idaho, including specially chartered school districts, shall be under the supervision and control of the state board.
History:
[33-116, added 1963, ch. 13, sec. 16, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-117 - PUBLIC SCHOOL FINANCIAL REQUIREMENTS.

33-117. PUBLIC SCHOOL FINANCIAL REQUIREMENTS. The state board shall submit to the budget director the financial requirements for appropriation to the public school income fund, for the foundation program of public school districts.
History:
[33-117, added 1963, ch. 13, sec. 17, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-118 - COURSES OF STUDY — CURRICULAR MATERIALS.

33-118. COURSES OF STUDY — CURRICULAR MATERIALS. (1) The state board shall prescribe the minimum courses to be taught in all public elementary and secondary schools, and shall cause to be prepared and issued, such syllabi, study guides and other instructional aids as the board shall from time to time deem necessary.
(2) The board shall determine how and under what rules curricular materials shall be adopted for the public schools, including the fees necessary to defray the cost of such adoption process. The board shall require all publishers of textbooks approved for use to furnish the department of education with electronic format for literary and nonliterary subjects when electronic formats become available for nonliterary subjects, in a standard format approved by the board, from which reproductions can be made for use by the blind.
(3) The board shall, by rule, determine the process by which the department of education reviews and approves online courses, pursuant to section 33-1024, Idaho Code, and the fees necessary to defray the department’s cost of such review and approval process.
(4) The board of trustees of each school district may adopt their own curricular materials consistent with the provisions of section 33-512A, Idaho Code. Curricular materials adopted must be consistent with Idaho content standards as established by the state board of education.
History:
[33-118, added 1963, ch. 13, sec. 18, p. 27; am. 1994, ch. 333, sec. 1, p. 1064; am. 1998, ch. 88, sec. 1, p. 299; am. 1999, ch. 88, sec. 1, p. 289; am. 2012, ch. 189, sec. 1, p. 509; am. 2013, ch. 299, sec. 1, p. 791; am. 2014, ch. 154, sec. 1, p. 436.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-118A - CURRICULAR MATERIALS — ADOPTION PROCEDURES.

33-118A. CURRICULAR MATERIALS — ADOPTION PROCEDURES. All curricular materials adoption committees appointed by the state board of education shall contain at least two (2) persons who are not public educators or school trustees. All meetings of curricular materials adoption committees shall be open to the public. Any member of the public may attend such meetings and file written or make oral objections to any curricular materials under consideration.
"Curricular materials" is defined as textbook and instructional media including software, audio/visual media and internet resources.
History:
[33-118A, added 1986, ch. 302, sec. 1, p. 753; am. 1998, ch. 88, sec. 2, p. 299; am. 2001, ch. 183, sec. 9, p. 618; am. 2008, ch. 217, sec. 1, p. 674; am. 2012, ch. 69, sec. 1, p. 200.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-118B - CURRICULAR MATERIALS — ADOPTION OF CONTENT STANDARDS.

33-118B. CURRICULAR MATERIALS — ADOPTION OF CONTENT STANDARDS. [EFFECTIVE UNTIL JUNE 30, 2027] (1) Effective July 1, 2022, the Idaho content standards for English language arts and literacy, mathematics, and science shall be the content standards prepared by the 2020-2021 standards review committee dated January 3, 2022.
(2) The state department of education shall take any necessary action to begin alignment of the required standards assessment with the content standards set forth in this section by July 1, 2022.
(3) The content standards implemented by this section shall be adopted for five (5) years. The content standards implemented by this section shall be subject to a review and adoption cycle that shall conclude June 30, 2027.
(4) The board of education is authorized to immediately promulgate temporary rules and to engage in negotiated rulemaking for the purposes of:
(a) Implementing the content standards required pursuant to this section; and
(b) Implementing revised and updated content standards pursuant to the review and adoption cycle established in subsection (3) of this section.
(5) The board of education shall immediately coordinate with the United States department of education to ensure that Idaho is implementing a plan to meet the requirements of the every student succeeds act of 2015, 20 U.S.C. 6301-7981.
(6) The board of trustees of each school district shall have until June 30, 2024, to incorporate curricular materials that reflect the Idaho content standards.
(7) Nothing contained in chapter 52, title 67, Idaho Code, shall supersede this section.
History:
[33-118B, added 2022, ch. 175, sec. 2, p. 570.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-119 - ACCREDITATION OF SECONDARY SCHOOLS — STANDARDS FOR ELEMENTARY SCHOOLS.

33-119. ACCREDITATION OF SECONDARY SCHOOLS — STANDARDS FOR ELEMENTARY SCHOOLS. The state board shall establish standards for accreditation of any secondary school and set forth minimum requirements to be met by public, private and parochial secondary schools, and those in chartered school districts, for accredited status; and the board may establish such standards for all public elementary schools as it may deem necessary.
The board may withdraw accreditation from any secondary school after such period as it may establish when it has been determined that such school has failed or neglected to conform to accreditation standards; and it may reinstate such school as accredited when in its judgment such school has again qualified for accredited status. The board may further establish minimum requirements which any pupil shall meet to qualify for graduation from an accredited secondary school.
"Secondary school" for the purposes of this section shall mean a school which, for operational purposes, is organized and administered on the basis of grades seven (7) through twelve (12), inclusive, or any combination thereof.
"Elementary school" for the purposes of this section shall mean a school which, for operational purposes, is organized and administered on the basis of grades one (1) through six (6), inclusive, one (1) through eight (8), inclusive, or any combination of grades one (1) through eight (8), inclusive.
History:
[33-119, added 1963, ch. 13, sec. 19, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-120 - UNIFORM REPORTING.

33-120. UNIFORM REPORTING. (1) The state superintendent of public instruction shall prescribe forms and format for uniform accounting for financial and statistical reports and performance measurements to provide consistent and uniform reporting by school districts.
(2) The state board of education may adopt rules pursuant to the provisions of chapter 52, title 67, Idaho Code, and under authority of section 33-105, Idaho Code, to provide for and implement a student information management system.
History:
[33-120, added 1963, ch. 13, sec. 20, p. 27; am. 1985, ch. 107, sec. 1, p. 192; am. 1994, ch. 175, sec. 1, p. 402; am. 2006, ch. 244, sec. 1, p. 740.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-121 - EXAMINATION OF BOOKS AT INSTANCE OF THE STATE BOARD.

33-121. EXAMINATION OF BOOKS AT INSTANCE OF THE STATE BOARD. Whenever in its judgment the public welfare demands it, the state board may direct the trustees of any school district to cause an examination of the books and accounts, and the assets and liabilities of their district, to be made, and a report thereof to be made to the state board. Upon failure or neglect of the board of trustees to have such examination and report made within a reasonable time, the state board may cause the same to be made, and the cost of such examination and report shall be paid by the district.
History:
[33-121, added 1963, ch. 13, sec. 21, p. 27.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-122 - SANITATION — SAFETY — COOPERATION WITH OTHER STATE AGENCIES.

33-122. SANITATION — SAFETY — COOPERATION WITH OTHER STATE AGENCIES. The state board shall cooperate with the board of health and welfare in establishing regulations covering school building sanitation, sewage disposal, water supply, or other matters affecting the public health, as shall in the opinion of the board be required. It may cooperate with any other department of state government in any matter in which such cooperation will be of assistance in carrying out its duties.
Whenever the state board has reason to believe that any building used as a school building is so structurally unsafe, unsound, or deficient, as to constitute a hazard to the pupils attending thereat, it shall have authority to cause an examination of such building to be made by a competent engineer. The engineer making such examination shall report, in writing, to the state board, setting out in what respect such building is unsafe, unsound, or deficient, as aforesaid.
The state board shall transmit a copy of such report to the board of trustees of the school district wherein such building is situate, or to the governing body of any such school if it not be a public school, and the same shall be kept in the administrative office of such school district, or school, there to be available for public inspection. The state board shall also order and cause to be published a summary of such engineer’s report in at least one (1) issue of a newspaper having general circulation in the same school district, or in the area of the same school if it not be a public school.
History:
[33-122, added 1963, ch. 13, sec. 22, p. 27; am. 1974, ch. 23, sec. 10, p. 633.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-123 - EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORRECTION.

33-123. EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORRECTION. The state board for career technical education, in cooperation with the state board of correction, shall have prepared suitable courses of study, including career technical training, for prisoners held under the jurisdiction of the department of correction, and the state board of correction shall make arrangements carrying into effect all provisions for the education of prisoners who are under the jurisdiction of the department of correction to the extent possible within the limits of moneys appropriated by the state legislature. Such educational opportunities shall be limited to those inmates who have a need, such need to be determined by the staff of the department of correction, and can benefit from training, and those inmates whose degree of custody classification allows participation in the classroom environment provided.
History:
[33-123, added 1963, ch. 13, sec. 23, p. 27; am. 1982, ch. 64, sec. 1, p. 127; am. 1999, ch. 329, sec. 1, p. 854; am. 2009, ch. 28, sec. 1, p. 80; am. 2016, ch. 25, sec. 6, p. 39.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-124 - SPECIAL VOCATIONAL EDUCATION PROGRAMS.

33-124. SPECIAL VOCATIONAL EDUCATION PROGRAMS. Any school district, or combination of school districts, within the state of Idaho, including charter districts, may submit to the state board of education a plan for the operation of a program providing instruction and training for students with disabilities under the age of twenty-two (22) years in vocational education. The state board of education may approve or disapprove such a plan. However, should the state board approve such a plan, then the program operated under such a plan shall be entitled to all considerations and benefits which by law are available to the educational programs of the school districts.
History:
[33-124, added 1969, ch. 218, sec. 1, p. 713; am. 2010, ch. 235, sec. 11, p. 551.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-125 - STATE DEPARTMENT OF EDUCATION — CREATION — DUTIES.

33-125. STATE DEPARTMENT OF EDUCATION — CREATION — DUTIES. There is hereby established as an executive agency of the state board of education a department known as the state department of education. The state superintendent shall serve as the executive officer of such department and shall have the responsibility for carrying out policies, procedures and duties authorized by law or established by the state board of education for all elementary and secondary school matters, and to administer grants for the promotion of science education as provided in sections 33-128 and 33-129, Idaho Code.
History:
[33-125, added 1972, ch. 126, sec. 1, p. 249; am. 1974, ch. 10, sec. 7, p. 49; am. 1991, ch. 139, sec. 1, p. 330; am. 2008, ch. 260, sec. 2, p. 753; am. 2016, ch. 182, sec. 4, p. 494.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-125A - DUTIES OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE STATE DEPARTMENT OF EDUCATION.

33-125A. DUTIES OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION AND THE STATE DEPARTMENT OF EDUCATION. Under the direction of the state superintendent of public instruction, the state department of education shall:
(1) Coordinate with the Idaho digital learning academy as provided for in chapter 55, title 33, Idaho Code, the state board of education and school districts to distribute telecourses, teleconferences and other instructional and training services to and between public schools;
(2) Coordinate with the Idaho digital learning academy, the state board of education and institutions of higher education to distribute college credit telecourses, teleconferences and other instructional and training services; and
(3) Act as a clearinghouse for the materials, courses, publications and other applicable information related to the requirements of this section.
History:
[33-125A, added 2009, ch. 131, sec. 1, p. 410; am. 2010, ch. 357, sec. 1, p. 935; am. 2016, ch. 182, sec. 5, p. 494.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-126 - ORGANIZATION OF DEPARTMENT.

33-126. ORGANIZATION OF DEPARTMENT. The state department of education shall be organized in a manner as determined by the state board of education acting on the recommendations of the executive secretary.
History:
[33-126, added 1972, ch. 126, sec. 2, p. 249; am. 1974, ch. 10, sec. 8, p. 49.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-127 - EMPLOYEES.

33-127. EMPLOYEES. Employees of the department shall be appointed by the superintendent of public instruction in accordance with the provisions of chapter 16, title 59, and chapter 53, title 67, Idaho Code.
History:
[33-127, added 1972, ch. 126, sec. 3, p. 249; am. 1989, ch. 94, sec. 1, p. 220.]
2023 Idaho Code › Title 33 - EDUCATION › Chapter 1 - STATE BOARD OF EDUCATION › Section 33-128 - STATEMENT OF PUBLIC PURPOSE.

33-128. STATEMENT OF PUBLIC PURPOSE. The Idaho constitution established a system of free common schools recognizing that "the stability of a republican form of government depends mainly upon the intelligence of the people." The legislature finds that there is a need for expanded educational experiences including a need for additional positive science education experiences for the youth of this state. The legislature finds that it is in the public interest to encourage science education opportunities through cooperative efforts with private nonprofit organizations offering science education programs.
History:
[33-128, added 1991, ch. 139, sec. 2, p. 331.]