Idaho Code tit. 33 | Title 33 — Education

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 1 State Board of Education

§ 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.

[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.]

§ 33-102 Membership — Appointment — Geographical regions — Term of office — Qualifications — Place of office

(1) 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. All members of the board shall be citizens of the United States and shall have been a resident of the state of Idaho for no less than three (3) years prior to the date of appointment and each member shall be a bona fide resident of the geographical region that the board member is appointed to represent in accordance with the provisions of subsection (2) of this section. Appointment to the board shall be made only on consideration of the ability of such appointee to efficiently serve the interests of the people and such appointee’s educational credentials, without regard to such appointee’s occupation, party affiliation, or religion. 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 in the manner provided for in this section. Upon the expiration date of the term of office, a member shall continue to serve until a successor has 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 pursuant to the provisions of this section. Board members shall act and assume full powers and duties as provided in this section upon appointment, but such appointments are subject to confirmation by the senate at its next session. The state board shall have and maintain its office in Ada county.

(2) There are hereby established seven (7) geographical regions within the state of Idaho and the governor shall select for appointment to the state board of education one (1) member from each geographical region. Each geographical region shall be numbered and delineated according to the legislative districts adopted by the Idaho commission for reapportionment pursuant to chapter 15, title 72, Idaho Code, as follows:

(a) Region 1 shall consist of legislative districts one, two, three, four, and five;

(b) Region 2 shall consist of legislative districts six, seven, eight, nine, and fourteen;

(d) Region 4 shall consist of legislative districts fifteen, sixteen, seventeen, twenty-one, and twenty-two;

(e) Region 5 shall consist of legislative districts eighteen, nineteen, twenty-three, twenty-four, and twenty-five;

(f) Region 6 shall consist of legislative districts twenty-six, twenty-seven, twenty-eight, twenty-nine, and thirty; and

(g) Region 7 shall consist of legislative districts thirty-one, thirty-two, thirty-three, thirty-four, and thirty-five.

(3) No later than August 1, 2024, the governor shall assign each current board member to a region established pursuant to subsection (2) of this section without regard to such member’s residence within such region. Such member may serve out the remainder of his term but after such term has expired shall then be subject to the provisions of subsection (2) of this section.

(4) The residency requirements for each geographical region provided in this section shall apply to the filling of all vacancies on the board on and after July 1, 2024, including any vacancies then existing on such date. Beginning on July 1, 2024, if a vacancy occurs on a board seat and the governor does not receive an application within six (6) months of the posting of the vacancy from a qualified candidate who is a resident of the geographical region such board seat represents, the governor may appoint an individual who meets all other qualifications provided in subsection (1) of this section but resides outside the geographical region to serve as an interim board member for the remainder of a term or up to three (3) years, whichever is less. No more than two (2) board seats may be filled by such interim board members. No interim board members may reside in the same county as any current board member.

[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; am. 2024, ch. 140, sec. 1, p. 545.]

§ 33-102A Office of the state board — Executive officer — Appointment — Compensation — Duties and powers

(1) There is hereby created as an executive agency of the state board of education the office of the state board of education. The governor is hereby authorized to appoint an executive officer of the state board, with the advice and consent of the senate, who shall serve at the pleasure of the governor and shall receive such salary as fixed by the governor.

(2) 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.

(3) The executive officer shall, together with the president of the state board of education, submit an annual report to the legislature no later than January 15 of each year, detailing the uses and impact of the school modernization facilities fund.

[33-102A, added 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; am. 2024, ch. 237, sec. 5, p. 827; am. 2024, ch. 302, sec. 1, p. 1012.]

§ 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.

[33-103, added 1963, ch. 13, sec. 3, p. 27.]

§ 33-104 Meetings of the board — Honorarium — Expenses — Organization

(1) 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.

(2) Each member shall be compensated as provided by section 59-509(h), Idaho Code.

(3) The president of the board shall be selected by the governor.

(4) At its first meeting after the first day of April, in each year, the state board shall organize and the president shall select a vice president and secretary.

[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; am. 2024, ch. 237, sec. 6, p. 827.]

§ 33-105 Rules — Executive department

(1) The state board shall have power to make rules for its own government and the government of its executive departments and offices; and, upon recommendations of its executive officers, to appoint to said departments and offices such specialists, clerks and other employees as the execution of duties may require, to fix their salaries and assign their duties.

(2) Statements of the state board of education and board of regents of the university of Idaho which relate to the curriculum of public educational institutions, to students attending or applicants to such institutions, or to the use and maintenance of land, equipment and buildings controlled by the respective institutions, are not rules and are not statements of general applicability for the purposes of chapter 52, title 67, Idaho Code.

(3) Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the state board of education and board of regents of the university of Idaho shall be deemed to be in full compliance with the notice requirements of section 67-5221, Idaho Code, if:

(a) Notice is given by including the intended action in the official written agenda for a regularly scheduled meeting of the board, and the agenda is available for public inspection at the central office of the board not less than five (5) days prior to the meeting; and

(b) Notice of the intended action, accompanied by the full text of the rule under consideration prepared so as to indicate words added or deleted from the presently effective text, if any, is transmitted to the director of the legislative services office at the same time that notice is given under paragraph (a) of this subsection. The director of the legislative services office shall refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code, to afford the subcommittee opportunity to submit data, views or arguments in writing to the board prior to the time for receiving comment as provided in paragraph (d) of this subsection; and

(c) The intended action is discussed but not acted upon during the regularly scheduled meeting for which the agenda was prepared, but instead is held for final action at the next regularly scheduled or later meeting of the board; and

(d) At least fifteen (15) days prior to the scheduled date for final action, the board shall mail to all persons who have made timely request in writing to the board and shall publish in an issue of the Idaho administrative bulletin a brief description of the intended action, or a concise summary of any statement of economic impact required pursuant to section 67-5223(2), Idaho Code, and shall note the time when, the place where, and the manner in which interested persons may present their views thereon; and

(e) Upon adoption of a rule, the board, if requested in writing to do so by an interested person either prior to adoption or within twenty-eight (28) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.

[33-105, added 1963, ch. 13, sec. 5, p. 27; am. 1974, ch. 10, sec. 4, p. 49; am. 1992, ch. 263, sec. 55, p. 816; am. 1999, ch. 21, sec. 3, p. 31.]

§ 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.

[33-106, added 1963, ch. 13, sec. 6, p. 27.]

§ 33-107 General powers and duties of the state board

The state board shall have power to:

(1) Perform all duties prescribed for it by the school laws of the state;

(2) Acquire, hold and dispose of title, rights and interests in real and personal property;

(3) Have general supervision, through its executive departments and offices, of all entities of public education supported in whole or in part by state funds;

(4) (a) Delegate to its executive secretary, to its executive officer, or to such other administrators as the board may appoint, such powers as said officers require to carry out and administer the policies, orders and directives of the board;

(b) Delegate to its executive officer, if necessary to enhance effectiveness and efficiency, such powers as he requires to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho’s state universities and colleges and other agencies under the supervision and governance of the state board, and to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho;

(c) Delegate to the presidents of Idaho’s state universities and colleges, if necessary to enhance effectiveness and efficiency, such powers as said officers require to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho’s state universities and colleges;

(d) Delegate to its executive secretary, the superintendent of public instruction, if necessary to enhance effectiveness and efficiency, such powers as he requires to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho;

(e) Delegations of powers under this subsection must be adopted as statements of agency action by the state board, as provided in section 33-105(2), Idaho Code, and pursuant to a process that provides for notice, opportunity for input and formal adoption by the state board;

(5) Through its executive departments and offices:

(a) Enforce the school laws of the state,

(b) Study the educational conditions and needs of the state and recommend to the legislature needed changes in existing laws or additional legislation;

(6) In addition to the powers conferred by chapter 24, title 33, Idaho Code:

(a) Maintain a register of postsecondary educational institutions approved to provide programs and courses that lead to a degree or which provide, offer and sell degrees in accordance with the procedures established in chapter 24, title 33, Idaho Code,

(b) Determine whether to accept academic credit at public postsecondary educational institutions in Idaho. Academic credit shall not be transferred into any Idaho public postsecondary institution from a postsecondary educational institution or other entity that is not accredited by an organization recognized by the board,

(c) Maintain a register of proprietary schools approved to conduct, provide, offer or sell a course or courses of study in accordance with the procedures established in chapter 24, title 33, Idaho Code;

(7) Prescribe the courses and programs of study to be offered at the public institutions of higher education, after consultation with the presidents of the affected institutions;

(8) Approve new courses and programs of study to be offered at community colleges organized pursuant to chapter 21, title 33, Idaho Code, when the courses or programs of study are academic in nature and the credits derived therefrom are intended to be transferable to other state institutions of higher education for credit toward a baccalaureate degree, and when the courses or programs of study have been authorized by the board of trustees of the community college.

[33-107, added 1963, ch. 13, sec. 7, p. 27; am. 1970, ch. 79, sec. 1, p. 195; am. 1974, ch. 10, sec. 5, p. 49; am. 1977, ch. 53, sec. 1, p. 103; am. 1983, ch. 155, sec. 2, p. 431; am. 1986, ch. 31, sec. 1, p. 101; am. 1987, ch. 48, sec. 1, p. 76; am. 1993, ch. 57, sec. 1, p. 154; am. 1997, ch. 188, sec. 1, p. 512; am. 1999, ch. 339, sec. 2, p. 919; am. 2006, ch. 240, sec. 1, p. 725; am. 2010, ch. 128, sec. 1, p. 274.]

§ 33-107A Board may establish an optional retirement program

(1) The state board of education may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for nonclassified staff, pursuant to section 67-5303, Idaho Code, of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the office of the state board of education who are hired on or after July 1, 1993; provided, however, that no such employee shall be eligible to participate in an optional retirement program unless he would otherwise be eligible for membership in the public employee retirement system of Idaho.

(2) The state board of education is hereby authorized to provide for the administration of the optional retirement program and to perform or authorize the performance of such functions as may be necessary for such purposes. The board shall designate the company or companies from which contracts are to be purchased under the optional retirement program and shall approve the form and contents of such contracts. In making the designation and giving approval, the board shall consider:

(a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;

(b) The relation of such rights and benefits to the amount of contributions to be made;

(c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and

(d) The ability of the designated company to provide such suitable rights and benefits under such contracts.

(3) Nonclassified staff initially appointed or hired on or after July 1, 1993, shall participate in the optional retirement plan, except vested members of the public employee retirement system of Idaho, as defined in section 59-1302, Idaho Code. Nonclassified employees hired by the office of the state board of education on or after July 1, 2024, with previous credited service in the public employee retirement system of Idaho may make a onetime irrevocable election to remain a member of the public employee retirement system of Idaho. Such election shall be made in writing within sixty (60) days of initial hire or appointment and filed with the administrative officer of the employing institution or agency.

(4) (a) Each institution shall contribute on behalf of each participant in its optional retirement program the following:

(i) To the designated company or companies, an amount equal to nine and thirty-five hundredths percent (9.35%) of each participant’s salary, reduced by any amount necessary, if any, to provide contributions to a total disability program provided either by the state or by a private insurance carrier licensed and authorized to provide such benefits, or any combination thereof, but in no event less than five percent (5%) of each participant’s salary; and

(ii) To the public employee retirement system, an amount equal to one and forty-nine hundredths percent (1.49%) of salaries of members who are participants in the optional retirement program. This amount shall be paid until July 1, 2025, and is in lieu of amortization payments and withdrawal contributions required pursuant to chapter 13, title 59, Idaho Code.

(b) Each participant shall contribute an amount equal to six and ninety-seven hundredths percent (6.97%) of the participant’s salary. Employee contributions may be made by employer pickup pursuant to section 59-1332, Idaho Code.

(c) Payment of contributions authorized or required under this subsection shall be made by the financial officer of the employing institution to the designated company or companies for the benefits of each participant.

(6) A retirement, death or other benefit shall not be paid by the state of Idaho or the state board of education for services credited under the optional retirement program. Such benefits are payable to participants or their beneficiaries only by the designated company or companies in accordance with the terms of the contracts.

[33-107A, added 1990, ch. 251, sec. 1, p. 720; am. 1992, ch. 198, sec. 1, p. 613; am. 1993, ch. 268, sec. 1, p. 902; am. 1996, ch. 79, sec. 6, p. 261; am. 1997, ch. 275, sec. 1, p. 814; am. 1998, ch. 297, sec. 1, p. 980; am. 2007, ch. 318, sec. 1, p. 947; am. 2018, ch. 176, sec. 1, p. 386; am. 2024, ch. 161, sec. 1, p. 616.]

§ 33-107B Board may establish an optional retirement program for community colleges

(1) The state board of education may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for members of the teaching staff and officers of community colleges, including north Idaho college, college of southern Idaho and college of eastern Idaho, hired on or after July 1, 1997; provided however, that no such employee shall be eligible to participate in an optional retirement program unless he would otherwise be eligible for membership in the public employee retirement system of Idaho.

(a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;

(b) The relation of such rights and benefits to the amount of contributions to be made;

(c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and

(d) The ability of the designated company to provide such suitable rights and benefits under such contracts.

(3) Elections to participate in an optional retirement program shall be as follows:

(a) Eligible employees are the teaching staff and officers initially appointed or hired on or after the effective date of this chapter. All eligible employees, except those who are vested members of the public employee retirement system of Idaho, shall participate in the optional retirement program.

(b) Eligible employees who are vested members of the public employee retirement system of Idaho may make a one (1) time irrevocable election to transfer to the optional retirement program. The election shall be made in writing and within sixty (60) days of the date of initial hire or appointment, or one hundred fifty (150) days after the effective date of this chapter, whichever occurs later. The election shall be filed with the administrative officer of the employing institution. The election shall be effective not later than the first day of the second pay period following the date of the election.

(c) Teaching staff and officers employed by the institution the day before the effective date of this chapter may make a one (1) time irrevocable election to participate in the optional retirement program. The election shall be made in writing and within one hundred fifty (150) days after the effective date of this chapter. The election shall be filed with the administrative officer of the employing institution. The election shall be effective not later than the first day of the second pay period following the date of the election.

(d) The accumulated contributions of employees who make the one (1) time irrevocable election or are required to participate in the optional retirement program may be transferred by the public employee retirement system of Idaho to such qualified plan, maintained under the optional retirement program, as designated in writing by the employee.

(e) An election by an eligible employee of the optional retirement program shall be irrevocable and shall be accompanied by an appropriate application, where required, for issuance of a contract or contracts under the program.

(4) (a) Each institution shall contribute on behalf of each participant in its optional retirement program. Effective on and after July 1, 2011, the institutional contribution optional retirement program rate shall be equal to the public employee retirement system of Idaho contribution rates to the designated company or companies, reduced by the amount necessary, if any, to provide contributions to a total disability program provided either by the state or by a private insurance carrier licensed and authorized to provide such benefits, or any combination thereof, but in no event less than five percent (5%) of each participant’s salary.

(b) For the purposes of section 59-1322, Idaho Code, the term "projected salaries" shall include the sum of the annual salaries of all participants in the optional retirement program established pursuant to this section.

(c) Each participant shall contribute an amount equal to six and ninety-seven hundredths percent (6.97%). Employee contributions may be made by employer pick-up pursuant to section 59-1332, Idaho Code.

(5) Any person participating in the optional retirement program shall be ineligible for membership in the public employee retirement system of Idaho as long as he remains continuously employed in any teaching staff position or as an officer with any of the institutions under the jurisdiction of the state board of education.

[33-107B, added 1997, ch. 275, sec. 2, p. 816; am. 1998, ch. 297, sec. 2, p. 982; am. 1999, ch. 329, sec. 29, p. 868; am. 2011, ch. 118, sec. 1, p. 327; am. 2016, ch. 25, sec. 4, p. 37; am. 2018, ch. 17, sec. 1, p. 22; am. 2018, ch. 176, sec. 2, p. 388.]

§ 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.

[33-107C, added 2009, ch. 286, sec. 1, p. 859.]

§ 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.

[33-107D, added 2013, ch. 190, sec. 1, p. 472; am. 2016, ch. 25, sec. 5, p. 39.]

§ 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.

[33-108, added 1963, ch. 13, sec. 8, p. 27.]

§ 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.

[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.]

§ 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.

[33-110, added 1963, ch. 13, sec. 10, p. 27.]

§ 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.

[33-111, added 1963, ch. 13, sec. 11, p. 27.]

§ 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.

[33-112, added 1963, ch. 13, sec. 12, p. 27.]

§ 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.

[33-113, added 1963, ch. 13, sec. 13, p. 27.]

§ 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.

[33-114, added 1963, ch. 13, sec. 14, p. 27.]

§ 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.

[33-114A, added 2022, ch. 175, sec. 1, p. 570.]

§ 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.

[33-115, added 1963, ch. 13, sec. 15, p. 27; am. 1974, ch. 10, sec. 6, p. 49.]

§ 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.

[33-116, added 1963, ch. 13, sec. 16, p. 27.]

§ 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.

[33-117, added 1963, ch. 13, sec. 17, p. 27.]

§ 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.

[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.]

§ 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.

[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.]

§ 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.

[33-118B, added 2022, ch. 175, sec. 2, p. 570.]

§ 33-118C Curricular materials — history and civics

(1) Notwithstanding the provisions of section 33-118, Idaho Code, the legislature finds that to promote the stability of America’s republican form of government and to establish and maintain a general, uniform, and thorough system of public, free common schools, as provided in section 1, article IX of the constitution of the state of Idaho, all curricular materials adopted by school districts or public charter schools in the subjects of history, American government and civics, and social studies shall:

(a) Align with the provisions of section 33-1602, Idaho Code;

(b) Align with state content standards established by the state board of education;

(d) Be historically and factually accurate;

(e) Directly utilize or otherwise promote engagement with primary sources and documents;

(f) Inspire patriotism;

(g) Contribute to the cultivation of good moral character and the virtues necessary for self-government and human flourishing;

(h) Cultivate knowledge and appreciation for the nation’s history and cultural heritage as derived from the tradition of Western civilization; and

(i) Foster an appreciation for and attachment to America’s republican form of government, along with a proper understanding of the pupils’ rights and duties as citizens of the state of Idaho and the United States.

(2) School districts and public charter schools shall have the discretion to utilize other supplementary instructional materials, such as primary sources, documents, maps, or other resources, provided that such materials align with the requirements provided in subsection (1) of this section.

[33-118C, added 2026, ch. 317, sec. 2, p. 1275.]

§ 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.

[33-119, added 1963, ch. 13, sec. 19, p. 27.]

§ 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.

[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.]

§ 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.

[33-121, added 1963, ch. 13, sec. 21, p. 27.]

§ 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.

[33-122, added 1963, ch. 13, sec. 22, p. 27; am. 1974, ch. 23, sec. 10, p. 633.]

§ 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.

[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.]

§ 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.

[33-124, added 1969, ch. 218, sec. 1, p. 713; am. 2010, ch. 235, sec. 11, p. 551.]

§ 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.

[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.]

§ 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.

[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.]

§ 33-125B Pay for success contracting — DUTIES OF THE STATE DEPARTMENT OF EDUCATION

(1) The state department of education may enter into contracts for approved services. Notwithstanding the provisions of chapter 92, title 67, Idaho Code, the department may issue a request for information for a contract upon identification of a need for a special service, or interested parties may identify a need for service within the department and submit a proposal to the department to negotiate a contract. Any contract entered into pursuant to this section shall provide for:

(a) An evidence-based program delivered by the service provider designed to enhance student academic achievement;

(b) Mutually agreed upon grade-level performance targets and efficacy standards;

(d) An external evaluator who shall have expertise in all of the following areas:

(i) Education;

(ii) Program evaluation and assessment;

(iii) Collection and maintenance of program data;

(iv) Demonstrated ability to link an individual student’s data from grade to grade; and

(v) Knowledge of the Idaho-specific academic performance scores used to demonstrate efficacy of the service provider’s program;

(e) The state’s payment obligations from the money appropriated to the public school support program, if the efficacy standards are met under the contract;

(f) Terms under which the state may terminate the contract;

(g) An annual audit to be performed by a certified public accountant; and

(h) A mutually agreed upon formula for the distribution of savings realized by the service provider program.

An external evaluator shall approve the negotiated contract provisions relating to efficacy standards before the department may enter into any such contract.

(2) Investor moneys shall be adequate to cover all contract costs.

(3) The third-party administrator shall:

(a) Manage all moneys pursuant to subsection (2) of this section;

(b) When appropriate, direct payments to be made under the terms of the contract;

(d) Issue financial reports as required by the contract; and

(e) Complete all other compliance requirements of state or federal law.

(4) The department shall approve the school district or public charter school from which each cohort will be chosen. The priority for selection shall be given to:

(a) School districts or public charter schools reporting the greatest number of students who are not proficient to meet grade-level performance targets being used to evaluate the service provider’s program;

(b) School districts or public charter schools reporting the greatest number of students on free and reduced lunch; and

The selection of cohorts shall be made by mutual agreement between the service provider, the approved school district or public charter school and the department.

(5) The department shall withhold distributions to participating school districts or public charter schools for the intervention or remediation efforts identified in the contract. Moneys shall be held in the public school income fund until the external evaluator makes a determination under this subsection. If the external evaluator determines that the efficacy standards have been met, the moneys shall be distributed pursuant to the terms of the contract. If the external evaluator determines that the efficacy standards have not been met, the moneys will be released to the school district or public charter school. Moneys withheld or distributed from this fund shall be subject to appropriation and shall not be included in public school discretionary funding variability pursuant to section 33-1018, Idaho Code. If the contract is terminated for any reason other than the achievement or nonachievement of the efficacy standards, the moneys shall be distributed according to the terms of the contract governing such an event.

(6) The external evaluator shall:

(a) Determine whether the service provider has met the agreed upon efficacy standards under the terms of the contract by determining the outcomes for each cohort based on the following criteria:

(i) Whether there was an increase in the number of children proficient to meet grade-level performance targets at levels specified in the contract; and

(ii) Calculate savings realized for intervention or remediation as specified in the contract;

(b) Annually report the service provider efficacy standards to the department; and

(c) Report the service provider efficacy standards to the third-party administrator for the purpose of determining whether payment should be made under the terms of the contract.

(7) An oversight committee is hereby created for the purpose of deciding whether or not the state department of education will enter into a negotiation with an interested party under this section, and for the purpose of monitoring contracts entered into under this section. The committee shall meet as often as is necessary to fulfill its obligations under this subsection. The committee shall consist of the following people:

(a) The chief financial officer of the state department of education;

(b) The subject matter expert at the state department of education;

(d) The house of representatives education committee chairman; and

(e) The senate education committee chairman.

(8) The state department of education shall report to the legislature on or before February 1 of each year on all contracts entered into pursuant to this section.

(9) The state board of education may promulgate rules implementing the provisions of this section.

(10) As used in this section:

(a) "Cohort" means a group of individuals who enter the service provider’s program on the same date.

(b) "Department" means the state department of education.

(c) "External evaluator" means the entity that is responsible for determining the efficacy of a service provider’s program.

(d) "Investor" means an individual or entity that provides the capital for the services specified in a contract.

(e) "Service provider" means an organization that implements an evidenced-based program that conforms to the terms of the contract.

(f) "Third-party administrator" means an SSAE-16 compliant firm or a firm licensed under chapter 2, title 54, Idaho Code, that manages all moneys deposited pursuant to this section and controlled by a contract.

[33-125B, added 2015, ch. 299, sec. 1, p. 1179; am. 2016, ch. 289, sec. 6, p. 807; am. 2017, ch. 145, sec. 1, p. 341.]

§ 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.

[33-126, added 1972, ch. 126, sec. 2, p. 249; am. 1974, ch. 10, sec. 8, p. 49.]

§ 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.

[33-127, added 1972, ch. 126, sec. 3, p. 249; am. 1989, ch. 94, sec. 1, p. 220.]

§ 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.

[33-128, added 1991, ch. 139, sec. 2, p. 331.]

§ 33-129 Matching grants for science education programs — Grant criteria

The state department of education shall administer a program of matching grants to encourage the expansion or maintenance of science education programs in the state of Idaho. Matching grants shall only be made to nonprofit corporations incorporated or registered in the state of Idaho and which shall have conducted such a science education program for a minimum of one (1) year. Grants shall require the applicant to provide at least one-half (1/2) of the financial support for the science education program with money or in-kind contributions.

"Science education programs" include, but are not limited to, demonstration programs intended to encourage knowledge of and interest in the disciplines of science among Idaho’s elementary and secondary school students.

The state department of education shall administer this program with such funds as are appropriated to the science education program. Competing grant applications shall be evaluated and funding decisions shall be made based upon the department’s judgment as to the probable effectiveness of the various proposals in furthering the purposes of this act.

[33-129, added 1991, ch. 139, sec. 3, p. 331.]

§ 33-130 Criminal history checks for school district employees or applicants for certificates or individuals having contact with students — Statewide list of substitute teachers

(1) The department of education, through the cooperation of the Idaho state police, shall establish a system to obtain a criminal history check on individuals to include, but is not limited to, certificated and noncertificated employees, all applicants for certificates pursuant to chapter 12, title 33, Idaho Code, substitute staff, individuals involved in other types of student training such as practicums and internships, and on all individuals who have unsupervised contact with students in a K-12 setting. The criminal history check shall be based on a completed ten (10) finger fingerprint card or scan and shall include, at a minimum, the following state and national databases:

(a) Idaho bureau of criminal identification;

(b) Federal bureau of investigation (FBI) criminal history check; and

(2) The state department of education shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the state police. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the employing school district, when requested at the time of the application or within six (6) months following the performance of the criminal history check. A copy shall also be provided to the applicant upon request.

(3) The state department of education shall maintain a statewide list of substitute teachers. The term "substitute teacher" shall have the meaning as provided in section 33-512(15), Idaho Code.

(4) The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.

[33-130, added 1996, ch. 375, sec. 1, p. 1274; am. 2000, ch. 469, sec. 80, p. 1526; am. 2008, ch. 349, sec. 1, p. 961; am. 2015, ch. 201, sec. 1, p. 614; am. 2017, ch. 115, sec. 1, p. 266.]

§ 33-130A Criminal history checks for private or parochial school employees or contractors

If requested by the principal or governing board of a private or parochial school, the department of education, through the cooperation of the department of law enforcement, shall establish a system to obtain a criminal history check on employees of the school or persons entering into contracts with the school. The criminal history check and fees shall be as provided in section 33-130, Idaho Code.

[33-130A, added 2000, ch. 310, sec. 1, p. 1047.]

§ 33-131 Definitions — tribal school — tribal education authority

(1) "Tribal school" means an institution with an educational program that has as its primary purpose providing education in any grade or grades from kindergarten to twelfth grade and that is controlled by the elected governing body of a federally recognized American Indian tribe in Idaho or by a tribal education authority established under the laws of a federally recognized American Indian tribe in Idaho.

(2) "Tribal educational authority" means the authorized governmental agency of a federally recognized Indian tribe, as defined in 25 U.S.C. section 450b, that is primarily responsible for:

(a) Regulating, administering or supervising the formal education of tribal members;

(b) Facilitating tribal control in all matters relating to the education of Indian children;

(c) Providing for the development and coordinated education programs, including all preschool, elementary, secondary and higher or vocational programs, funded by the United States bureau of Indian affairs and encouraging tribal cooperation and coordination with entities carrying out all educational programs receiving financial support from other general agencies, state agencies or private entities; and

(d) Providing for the development and enforcement of tribal education codes relating to the education of Indian children, including tribal education policies and tribal standards applicable to curriculum, personnel, students, facilities and support programs.

[33-131, added 2010, ch. 282, sec. 1, p. 759.]

§ 33-132 Local School Boards — Internet filtering required

(1) As a condition for receiving moneys from the state general fund, each local school district and public charter school shall have internet content filters that shall be included as part of any wireless internet access made available to children. The content filters shall:

(a) Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and

(b) Filter or block internet access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.

(2) The filtering solution shall be configurable to school district and public charter school policies regarding acceptable, age appropriate internet content. The content filtering shall include the ability:

(a) For each school district and public charter school to manage its own filtering policies, including the decision to block specific categories of content and to maintain its own whitelist and blacklist overrides;

(b) To provide individual school district and public charter school utilization and filtering reports, including the most frequently visited websites, the most frequently visited categories, the most frequently blocked websites, the most frequently used search terms, and the top authenticated users;

(d) For all reporting and management of content filtering to be available through any internet-connected browser and efficiently perform all content filtering functions.

(3) A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (4) of this section.

(4) Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 shall have safety policies and technology protection measures that:

(a) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in section 18-1514, Idaho Code; and

(b) Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.

(5) Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (4) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with the provisions of subsection (4) of this section.

(6) If a provider of digital or online library resources fails to timely verify that the provider is in compliance with the requirements of subsection (4) of this section, the school district or public charter school may consider the provider’s act of noncompliance a breach of contract.

(7) School districts and public charter schools shall have policies that:

(a) Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section;

(b) Include a component of internet safety for students that is integrated into the school district’s or public charter school’s instructional program; and

(c) Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the school district or public charter school office.

(8) The policy provided for in subsection (1) of this section may include terms, conditions, and requirements deemed appropriate by the school district’s board of trustees or the public charter school’s governing board, including but not limited to requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle, and high school students.

(9) The district’s superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.

[(33-132) 33-131, added 2010, ch. 282, sec. 1, p. 759; am. and redesig. 2011, ch. 151, sec. 13, p. 424; am. 2025, ch. 198, sec. 1, p. 907; am. 2026, ch. 251, sec. 7, p. 1058.]

§ 33-133 Definitions — STUDENT DATA — use and limitations — penalties

(1) As used in this act, the following terms shall have the following meanings:

(a) "Agency" means each state board, commission, department, office or institution, educational or otherwise, of the state of Idaho. State agency shall also mean any city, county, district or other political subdivision of the state.

(b) "Aggregate data" means data collected and/or reported at the group, cohort or institutional level. Aggregate data shall not include personally identifiable information. The minimum number of students shall be determined by the state board of education.

(d) "Data system" means the state’s elementary, secondary and postsecondary longitudinal data systems.

(e) "Department" means the state department of education.

(f) "District" or "school district" means an Idaho public school district and shall also include Idaho public charter schools.

(g) "Parent" means parent, parents, legal guardian or legal guardians.

(h) "Personally identifiable data," "personally identifiable student data" or "personally identifiable information" includes, but is not limited to: the student’s name; the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as the student’s social security number, student education unique identification number or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth and mother’s maiden name; and other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

(i) "Provisional student data" means new student data proposed for inclusion in the data system.

(j) "Student data" means data collected and/or reported at the individual student level included in a student’s educational record.

(i) "Student data" includes: (1) state and national assessment results, including information on untested public school students; (2) course taking and completion, credits earned and other transcript information; (3) course grades and grade point average; (4) date of birth, grade level and expected graduation date/graduation cohort; (5) degree, diploma, credential attainment and other school exit information such as general educational development and drop-out data; (6) attendance and mobility; (7) data required to calculate the federal four (4) year adjusted secondary cohort graduation rate, including sufficient exit information; (8) discipline reports limited to objective information sufficient to produce the federal annual incident reports, children with disabilities disciplinary reports and discipline reports including students involved with firearms; (9) remediation; (10) special education data; (11) demographic data and program participation information; and (12) files, documents, images or data containing a student’s educational record that are stored in or transmitted through a cloud computing service.

(ii) A student’s educational record shall not include: (1) juvenile delinquency records and criminal records unless required in paragraph (k) of this subsection; (2) medical and health records; (3) student social security number; (4) student biometric information; (5) gun ownership records; (6) sexual orientation; (7) religious affiliation; (8) except for special needs and exceptional students, any data collected pursuant to a statewide assessment via affective computing, including analysis of facial expressions, EEG brain wave patterns, skin conductance, galvanic skin response, heart rate variability, pulse, blood volume, posture and eye tracking, any data that measures psychological resources, mind sets, effortful control, attributes, dispositions, social skills, attitudes or intrapersonal resources.

(k) "Student educational record" means all information directly related to a student and recorded and kept in the data system as that term is defined in this section. Provided however, that the following shall not be kept as part of a student’s permanent educational record: daily assignments, homework, reports, chapter tests or similar assessments or other schoolwork that may be considered daily or weekly work. A student educational record may include information considered to be personally identifiable.

(l) "Student education unique identification number" means the unique student identifier assigned by the state to each student that shall not be or include the social security number of a student in whole or in part.

(m) "Violation" means an act contrary to the provisions of this section that materially compromises the security, confidentiality or integrity of personally identifiable data of one (1) or more students and that results in the unauthorized release or disclosure of such data.

(2) Unless otherwise provided for in this act, the executive office of the state board of education shall be the entity responsible for implementing the provisions of this act. All decisions relating to the collection and safeguarding of student data shall be the responsibility of the executive office of the state board of education.

(3) The state board of education shall:

(a) Create, publish and make publicly available a data inventory and dictionary or index of data elements with definitions of individual student data fields currently in the student data system including:

(i) Any individual student data required to be reported by state and federal education mandates;

(ii) Any individual student data that has been proposed for inclusion in the student data system with a statement regarding the purpose or reason for the proposed collection; and

(iii) Any individual student data collected or maintained with no current purpose or reason.

No less frequently than annually, the state board of education shall update the data inventory and index of data elements provided for in this subsection.

(b) Develop, publish and make publicly available policies and procedures to comply with the federal family educational rights and privacy act (FERPA) and other relevant privacy laws and policies including, but not limited to the following:

(i) Access to student data in the student data system shall be restricted to: (1) the authorized staff of the state board of education and the state department of education and the board’s and the department’s vendors who require such access to perform their assigned duties; (2) the district and the district’s private vendors who require access to perform their assigned duties and public postsecondary staff who require such access to perform their assigned duties; (3) students and their parents or legal guardians; and (4) the authorized staff of other state agencies in this state as required by law and/or defined by interagency data-sharing agreements. All such data-sharing agreements shall be summarized in a report compiled by the state board of education and submitted no later than January 15 of each year to the senate education committee and the house of representatives education committee;

(ii) Provide that public reports or responses to record requests shall include aggregate data only as that term is defined in subsection (1) of this section;

(iii) Develop criteria for the approval of research and data requests from state and local agencies, the state legislature, researchers and the public: (1) unless otherwise approved by the state board of education, student data maintained shall remain confidential; (2) unless otherwise approved by the state board of education, released student data in response to research and data requests may include only aggregate data; and (3) any approval of the board to release personally identifiable student data shall be subject to legislative approval prior to the release of such information;

(iv) Ensure that any contract entered into by the state board of education or the state department of education includes provisions requiring and governing data destruction dates and specific restrictions on the use of data;

(v) Provide for notification to students and parents regarding their rights under federal and state law; and

(vi) Ensure that all school districts, primary schools, secondary schools and other similar institutions entering into contracts that govern databases, online services, assessments, special education or instructional supports with private vendors shall include in each such contract a provision that private vendors are permitted to use aggregated data; or an individual student’s data for secondary uses, but only if the vendor discloses in clear detail the secondary uses and receives written permission from the student’s parent or legal guardian. The contract shall also include either of the following: (1) a prohibition on any secondary uses of student data by the private vendor including, but not limited to, sales, marketing or advertising, but permitting the private vendor to process or monitor such data solely to provide and maintain the integrity of the service; or (2) a requirement that the private vendor disclose in detail any secondary uses of student data including, but not limited to, sales, marketing or advertising, and the board shall obtain express parental consent for those secondary uses prior to deployment of the private vendor’s services under the contract.

The state board of education and the state department of education shall ensure that any and all private vendors employed or otherwise engaged by the board or the department shall comply with the provisions of this section. Any person determined, in either a civil enforcement action initiated by the board or initiated by the department or in a court action initiated by an injured party, to have violated a provision of this section or any rule promulgated pursuant to this section shall be liable for a civil penalty not to exceed fifty thousand dollars ($50,000) per violation. In the case of an unauthorized release of student data, the state board of education or the state department of education shall notify the parent or student of the unauthorized release of student data that includes personally identifiable information in a manner consistent with the provisions of section 28-51-105, Idaho Code.

(c) Unless otherwise approved by the state board of education, any data deemed confidential pursuant to this act shall not be transferred to any federal, state or local agency or other organization or entity outside of the state of Idaho, with the following exceptions:

(i) A student transfers out of state or a school or district seeks help with locating an out-of-state transfer;

(ii) A student leaves the state to attend an out-of-state institution of higher education or training program;

(iii) A student voluntarily participates in a program for which such a data transfer is a condition or requirement of participation;

(iv) The state board of education or the state department of education may share such data with a vendor to the extent it is necessary as part of a contract that governs databases, online services, assessments, special education or instructional supports with a vendor;

(v) Pursuant to a written agreement between the two (2) school districts, where a student transfers from an Idaho district abutting upon another state to the nearest appropriate district in such neighboring state in accordance with the provisions of section 33-1403, Idaho Code; or

(vi) A student is classified as "migrant" for reporting purposes as required by the federal government in order to assure linkage between the various states of migrant students educational records;

(d) Develop a detailed data security plan that includes:

(i) Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;

(ii) Guidelines relating to administrative safeguards providing for the security of electronic and physical data; such guidelines should include provisions relating to data encryption as well as staff training to better ensure the safety and security of data;

(iii) Privacy compliance standards;

(iv) Privacy and security audits;

(v) Breach planning, notification and procedures; and

(vi) Data retention and disposition policies;

(e) Ensure routine and ongoing compliance with FERPA, other relevant privacy laws and policies, and the privacy and security policies and procedures developed under the authority of this act, including the performance of compliance audits;

(f) Ensure that any contracts that govern databases, online services, assessments or instructional supports that include student data and are outsourced to private vendors, include express provisions that safeguard privacy and security, contain the restrictions on secondary uses of student data described in subsection (3)(b)(vi) of this section, provides for data destruction, including a time frame for data destruction, and includes penalties for noncompliance with this paragraph; and

(g) Notify the governor and the legislature annually of the following:

(i) New student data proposed for inclusion in the state student data system: (1) any new student data collection proposed by the state board of education becomes a provisional requirement to allow districts and their local data system vendors the opportunity to meet the new requirement; and (2) the state board of education must submit any new provisional student data collection to the governor and the legislature for their approval within one (1) year in order to make the new student data a permanent requirement through the administrative rules process. Any provisional student data collection not approved by the governor and the legislature by the end of the next legislative session expires and must be deleted and no longer collected;

(ii) Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the U.S. department of education;

(iii) An explanation of any exceptions granted by the state board of education in the past year regarding the release or out-of-state transfer of student data;

(iv) The results of any and all privacy compliance and security audits completed in the past year. Notifications regarding privacy compliance and security audits shall not include any information that would pose a security threat to the state or local student information systems or to the secure transmission of data between state and local systems by exposing vulnerabilities; and

(v) Data collected specific to a grant program where such data is not otherwise included in student data.

(4) The state board of education shall adopt rules to implement the provisions of this act.

(5) Upon the effective date of this act, any existing collection of student data in the data system shall not be considered a new student data collection in accordance with this section.

(6) Unless otherwise prohibited by law or court order, school districts must provide parents or guardians with copies of all of their child’s educational records, upon request, if such child has not attained the age of eighteen (18) years.

(7) The state board of education shall develop a model policy for school districts and public charter schools that will govern data collection, access, security and use of such data. The model policy shall be consistent with the provisions of this act. In order to assure that student educational information is treated safely and securely and in a consistent manner throughout the state, each district and public charter school shall adopt and implement the model policy. The state department of education shall provide outreach and training to the districts and public charter schools to help implement the policy. A current copy of such policy shall be posted to the school district’s website. Any district or public charter school that fails to adopt, implement and post the policy where any inappropriate release of data occurs shall be liable for a civil penalty not to exceed fifty thousand dollars ($50,000). Such civil penalty may be imposed per violation. The method of recovery of the penalty shall be by a civil enforcement action brought by the state board of education, with the assistance of the office of the state attorney general, in the district court in and for the county where the violation occurred. All civil penalties collected under this section shall be paid into the general fund of the state.

[33-133, added 2014, ch. 281, sec. 3, p. 711.]

§ 33-134 Assessment item review committee

(1) (a) The state board of education shall establish a committee consisting of thirty (30) individuals, representing each of the six (6) education regions of the state established by the state board of education, to review all summative computer adaptive test questions. The committee’s review shall include reviews for bias and sensitivity. The committee is authorized to make recommendations to the state board of education and the state department of education to revise or eliminate summative computer adaptive test questions from state assessments. The state board of education shall make the final determination regarding the adoption or rejection of the committee’s recommendations. The committee established shall include the following members appointed by the state board of education:

(i) Two (2) parents of public school or public charter school students, selected from each of the six (6) education regions in this state;

(ii) One (1) public school or public charter school teacher, selected from each of the six (6) education regions in this state;

(iii) One (1) member who is an administrator of a school district or public charter school, selected from each of the six (6) education regions in this state; and

(iv) One (1) member from the district board of trustees or public charter school board of directors, selected from each of the six (6) education regions in this state.

(b) The state department of education shall provide staff support to the review committee.

(d) The president of the state board of education shall adjust the length of terms to stagger the terms of committee members so that approximately one-half (1/2) of the committee members are appointed every two (2) years.

(e) No committee member may receive compensation or benefits for the member’s service on the committee.

(f) The state board of education may solicit recommendations for committee members from districts, public charter schools and other public education stakeholders.

(2) The state board of education shall determine when committee recommendations must be submitted to the state board of education and the state department of education, provided that any such submission date must provide adequate time for the committee to review summative computer adaptive test questions before the assessment is administered to students. Adequate time means no fewer than thirty (30) days from the date the committee is notified of the summative computer adaptive test questions.

(3) The state board is hereby authorized to promulgate rules to implement the provisions of this section.

[(33-134) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 17, p. 1017.]

§ 33-135 Teachers — classroom size — reporting

(1) Definitions. The following terms have the following meanings:

(a) "Teacher" means an individual holding a teaching certificate issued by the state department of education.

(b) "Classroom" means a place where groups of students meet for instruction in a particular subject, including students enrolled in virtual schools or charter schools.

(c) "Classroom instructor" means an individual holding a teaching certificate issued by the state department of education and who has been assigned to teach students one (1) or more subjects.

(d) "Class size" means the number of students who regularly appear in an instructor’s classroom or on a class roster and for whom the classroom instructor is primarily responsible and accountable.

(e) "Pupil-teacher ratio" means the total number of students in a school building divided by the total number of teachers working in that school building. For the purposes of this act, the term "school building" also includes virtual charter schools.

(f) "Total caseload" means the total number of students serviced by classroom instructors in a secondary school setting.

(2) Reporting.

(a) The state department of education shall gather statistical information using a unified approach that will demonstrate:

(i) The total number of teachers actively employed within an Idaho school district listed by individual school building;

(ii) The pupil-teacher ratio for every Idaho school district listed by individual school building;

(iii) The number of elementary classroom teachers in every Idaho school building listed by grade and subject;

(iv) The number of secondary classroom teachers in every Idaho school building listed by grade and subject;

(v) The class size in every Idaho elementary school building listed by teacher; and

(vi) The class size, by each section and by total caseload, in every secondary school building listed by teacher.

(b) The report under this subsection shall be prepared and published once annually by January 1 and shall be made available on a public website maintained by the state department of education.

(c) For purposes of this subsection, each teacher will be identified by a unique numeric identifier and not by individual name.

(3) Statewide database. The state department of education shall maintain a statewide database of the statistical information collected and published.

[(33-135) 33-133, added 2014, ch. 281, sec. 3, p. 711; am. and redesig. 2015, ch. 244, sec. 18, p. 1017.]

§ 33-136 Suicide prevention in schools

(1) The state board of education shall adopt rules supporting suicide awareness and prevention training each year for public school personnel. This training may be provided within the framework of existing in-service training programs offered by the state board of education and the state department of education or as part of professional development activities.

(2)(a) The state board of education and state department of education shall, in consultation with the state department of health and welfare, education and health care stakeholders, and suicide prevention experts, develop a list of approved training materials to fulfill the requirements of this section.

(b) Approved materials shall include training on how to identify appropriate mental health services, both within the school and the larger community, and when and how to refer youth and their families to those services.

(c) Approved materials may include programs that can be completed through self-review of suitable suicide prevention materials.

(3)(a) Each public school district shall adopt a policy on student suicide prevention. Such policy shall, at a minimum, address procedures relating to suicide prevention, intervention and postvention. As used in this paragraph, "postvention" means counseling or other social care given to students after another student’s suicide or attempted suicide.

(b) To assist school districts in developing policies for student suicide prevention, the state department of education shall develop and maintain a model policy, or adopt an existing policy as a model policy, to serve as a guide for school districts in accordance with this section.

(4)(a) No person shall have a cause of action for any loss or damage caused by any act or omission resulting from the implementation of the provisions of this section or resulting from any training required by this section, or lack thereof.

(b) The training required by the provisions of this section, or lack thereof, shall not be construed to impose any specific duty of care.

[33-136, added 2018, ch. 263, sec. 1, p. 629.]

§ 33-137 Digital and online library resources for k-12 students

(1) A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (2) of this section.

(2) Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 must have safety policies and technology protection measures that:

(a) Prohibit and prevent a user of the resource from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514, Idaho Code; and

(b) Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code.

(3) Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (2) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with that subsection.

(4) If a provider of digital or online library resources fails to timely verify that the provider is in compliance with the requirements of subsection (2) of this section, the school district or public charter school may consider the provider’s act of noncompliance a breach of contract.

(5) No later than December 1 of each year, the Idaho commission for libraries shall submit to the governor and the senate and house of representatives education committees an aggregate written report on any issues related to provider compliance with technology protection measures required by subsection (2) of this section.

[33-137, added 2020, ch. 274, sec. 1, p. 808; am. 2021, ch. 321, sec. 13, p. 954.]

§ 33-138 Dignity and nondiscrimination in public education

(1) It is the intent of the legislature that administrators, faculty members, other employees, and students at public schools, including public charter schools and institutions of higher education, respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association.

(2) The Idaho legislature finds that tenets outlined in subsection (3)(a) of this section, often found in "critical race theory," undermine the objectives outlined in subsection (1) of this section and exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, or other criteria in ways contrary to the unity of the nation and the well-being of the state of Idaho and its citizens.

(3) In accordance with section 6, article IX of the constitution of the state of Idaho and section 67-5909, Idaho Code:

(a) No public institution of higher education, school district, or public school, including a public charter school, shall direct or otherwise compel students to personally affirm, adopt, or adhere to any of the following tenets:

(i) That any sex, race, ethnicity, religion, color, or national origin is inherently superior or inferior;

(ii) That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color, or national origin; or

(iii) That individuals, by virtue of sex, race, ethnicity, religion, color, or national origin, are inherently responsible for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, or national origin.

(b) No distinction or classification of students shall be made on account of race or color.

(c) No course of instruction or unit of study directing or otherwise compelling students to personally affirm, adopt, or adhere to any of the tenets identified in paragraph (a) of this subsection shall be used or introduced in any institution of higher education, any school district, or any public school, including a public charter school.

(4) Nothing in this section should be construed to prohibit the required collection or reporting of demographic data by public schools or public institutions of higher education.

[33-138, added 2021, ch. 293, sec. 1, p. 885.]

§ 33-139 Prohibition on the expenditure of moneys for certain purposes

No moneys shall be expended by the state board of education, any entity under the state board of education’s jurisdiction, or any school district, public charter school, or public institution of higher education for any purpose prohibited in section 33-138, Idaho Code.

[33-139, added 2021, ch. 293, sec. 2, p. 886.]

§ 33-140 Report — high-performing schools and teachers

In the first week of the regular legislative session in 2022, the state board of education shall present to the legislature a statewide strategy for defining and rewarding high-performing schools and teachers for growth in student achievement. The strategy should consider:

(1) How to incentivize, encourage, and recognize schools and teachers, along with their communities, for dedicated and high-quality work; and

(2) Ways to reduce disincentives to excel in student achievement.

[(33-140) 33-138, added 2021, ch. 207, sec. 1, p. 561; am. and redesig. 2022, ch. 111, sec. 20, p. 380.]

§ 33-141 National motto

(1) An educational institution under the general supervision, governance, or control of the state board of education or the board of regents of the university of Idaho must display a durable poster or a framed copy of a representation of the national motto, "In God We Trust," in a conspicuous place if:

(a) Such poster or framed copy includes a representation of the United States flag or a representation of the flag of the state of Idaho, or both;

(b) The background, lettering, and framing on the poster or framed copy include only black, white, gold, or silver;

(d) Such poster and framing do not contain any other lettering, verbiage, images, logos, or likeness other than that required by this section;

(e) Such poster and framing do not contain any markings identifying the donor of the poster; and

(f) The size of the poster or framed copy is approved by the educational institution.

(2) A poster or framed copy that meets the requirements of subsection (1)(a) and (b) of this section may be purchased from private donations and made available to an institution pursuant to subsection (1) of this section.

[33-141, added 2023, ch. 148, sec. 1, p. 402.]

§ 33-142 Adoption education

An educational institution under the general supervision, governance, or control of the state board of education or the board of regents of the university of Idaho shall provide information explaining current adoption practices and where to find resources and support in the state of Idaho wherever and whenever contraception is discussed or dispensed, or both, or sexually transmitted diseases or sexually transmitted infections are discussed or tested for, or both.

[33-142, added 2024, ch. 131, sec. 1, p. 529.]

§ 33-143 Display of Flags and Banners on Public School Property

(1) The purpose of this section is to ensure that flags and banners displayed on public school property do not promote political, religious, or ideological viewpoints in order to maintain a neutral and inclusive environment for all students.

(2) No flags or banners that represent political, religious, or ideological views, including but not limited to political parties, race, gender, sexual orientation, or political ideologies, may be displayed on public school property such as classrooms, hallways, entryways, or sports fields.

(3) The provisions of subsection (2) of this section shall not apply to:

(a) Official flags or banners representing the United States;

(b) Official flags of any state in the United States;

(d) Official flags of Idaho Indian tribes;

(e) Official flags of recognized foreign nations with which the United States is not engaged in hostile action;

(f) Achievement flags or banners recognized by the Idaho state department of education;

(g) Flags or banners representing official school mascots and colors;

(h) Electronic displays within the school;

(i) Personal items such as pins or shirts worn by students; and

(j) Displays in the school parking lot.

(4) The Idaho state department of education shall oversee the enforcement of this section. Schools found in violation of this section shall be required to remove unauthorized flags or banners.

(5) As used in this section:

(a) "Banner" means a long, rectangular, or square piece of fabric, paper, or other material, often displayed in a vertical or horizontal manner, used to convey a message, symbol, emblem, or representation of an institution or a political, religious, or ideological expression, or used to announce or celebrate an event or achievement.

(b) "Display" means to keep a flag or banner visible on school property beyond a brief curriculum-based educational purpose.

(c) "Flag" means a piece of fabric or similar material, typically rectangular or square, attached to a pole or staff and used as a symbol, emblem, or representation of a country, state, tribe, institution, or any political, religious, or ideological expression.

[33-143, added 2025, ch. 99, sec. 1, p. 541.]

§ 33-144 Participation in Federal Tax Credit Scholarship Program

(1) The state of Idaho hereby elects to participate in the federal tax credit scholarship program established under section 70411, P.L. 119-21.

(2) The state department of education shall:

(a) No later than the first day of January of each year, submit to the United States secretary of the treasury and publish on the department’s website a list of qualified scholarship granting organizations that meet the requirements under section 70411, P.L. 119-21, and are located in this state;

(b) Certify to the United States secretary of the treasury the state department of education’s authority to submit the list on behalf of the state;

(c) Accept submissions from scholarship granting organizations throughout the year for inclusion on the list submitted pursuant to paragraph (a) of this subsection; and

(d) Comply with any other requirement under section 70411, P.L. 119-21, including any applicable federal regulations or guidance, to ensure that the state is eligible to participate in taxable years beginning in tax year 2027.

[33-144, added 2026, ch. 72, sec. 1, p. 311.]

§ 33-145 Idaho Student Safety and Educator Disclosure Act

(1) The legislature finds that student safety is a paramount responsibility of the state and that uniform statewide reporting and disclosure requirements in the hiring of school employees is necessary to protect good faith disclosures and prevent concealment of misconduct against a student.

(2) For the purposes of this section:

(a) "Covered individual" means any school personnel.

(b) "Educational entity" means any school district, public charter school, or private school providing instruction in kindergarten through grade 12, inclusive, or any combination thereof.

(c) "Misconduct" means any conduct by a covered individual that violates the provisions of section 33-1208, Idaho Code, relating to educator-student relationships or the code of ethics for Idaho professional educators relating to educator-student relationships.

(d) "Pending investigation" means any internal, administrative, regulatory, or criminal investigation that has been initiated and has not reached a final disposition.

(3) An educational entity shall not conduct an internal review or investigation of alleged abuse, abandonment, or neglect of a child in lieu of reporting to law enforcement as required by section 16-1605, Idaho Code. Nothing in this subsection shall be construed to prohibit an educational entity from taking administrative or employment action or conducting an internal review or investigation after a report has been made in compliance with section 16-1605, Idaho Code.

(4) Prior to hiring an applicant, an educational entity that is a school district employer shall require an applicant to provide sworn written statements disclosing any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions involving the applicant for misconduct in connection with employment or professional licensure or certification. Any applicant who makes a material misrepresentation or willful omission related to the disclosure statements or information required in this subsection shall be subject to immediate termination of employment or rescission of such applicant’s offer of employment or employment contract.

(5)(a) Prior to hiring an applicant, any educational entity that is not a school district employer shall:

(i) Require the applicant to sign a statement authorizing the applicant’s current and past employers for the past ten (10) years to provide the hiring educational entity with information regarding any pending or prior investigations, resignations during investigations or in lieu of contemplated disciplinary action, or disciplinary actions for misconduct involving the applicant; and

(ii) Request in writing, electronic or otherwise, that the applicant’s current and past employers for the past ten (10) years provide the information described in subparagraph (i) of this paragraph, if any. The request shall include a copy of the statement signed by the applicant provided in subparagraph (i) of this paragraph. The process provided in section 33-1210(2), Idaho Code, shall apply to requests made by educational entities pursuant to this subsection.

(b) An applicant’s current or past employers shall respond to any request received pursuant to this subsection. An educational entity shall release such current and past employers, including employees acting on behalf of an employer, from any civil liability for providing such information in good faith. A disclosure made pursuant to this section shall be considered to be made in good faith unless the employer knew the information disclosed was false or misleading.

(6) Any resignation during investigations or in lieu of contemplated disciplinary action, termination, or administrative leave that occurs during an investigation of misconduct by a covered individual shall be referred to the Idaho professional standards commission if the covered individual holds an Idaho educator certificate. If the Idaho professional standards commission takes disciplinary action against a covered individual as a result of the information it receives pursuant to this subsection, the commission shall update the covered individual’s certification status accordingly.

(7) A private school employee may bring a claim against a private school employer under the provisions of chapter 21, title 6, Idaho Code, only if the employee’s good faith allegations made pursuant to the provisions of section 6-2104, Idaho Code, involve misconduct or a violation or suspected violation of section 16-1605, Idaho Code. All provisions of chapter 21, title 6, Idaho Code, shall apply to such a claim. For purposes of such claim, the private school employer shall be considered an employer as that term is defined in section 6-2103, Idaho Code, and the private school employee shall be considered an employee as that term is defined in section 6-2103, Idaho Code.

[33-145, added 2026, ch. 248, sec. 1, p. 1048.]

Chapter 2 Attendance at Schools

§ 33-201 School age

The services of the public schools of this state are extended to any acceptable person of school age. "School age" is defined as including all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this section, the age of five (5) years shall be attained when the fifth anniversary of birth occurs on or before the first day of September of the school year in which the child is to enroll in kindergarten. For a child enrolling in the first grade, the age of six (6) years must be reached on or before the first day of September of the school year in which the child is to enroll. Any child of the age of five (5) years who has completed a private or public out-of-state kindergarten for the required four hundred fifty (450) hours but has not reached the "school age" requirement in Idaho shall be allowed to enter the first grade.

For resident children with disabilities who qualify for special education and related services under the federal individuals with disabilities education act (IDEA) and subsequent amendments thereto, and applicable state and federal regulations, "school age" shall begin at the attainment of age three (3) and shall continue through the semester of school in which the student attains the age of twenty-one (21) years.

[33-201, added 1963, ch. 13, sec. 24, p. 27; am. 1975, ch. 42, sec. 3, p. 73; am. 1988, ch. 290, sec. 1, p. 928; am. 1989, ch. 126, sec. 1, p. 277; am. 1993, ch. 121, sec. 1, p. 311; am. 1996, ch. 311, sec. 1, p. 1019; am. 1998, ch. 23, sec. 1, p. 138.]

§ 33-202 School attendance compulsory

The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended.

[33-202, added 1963, ch. 13, sec. 25, p. 27; am. 1992, ch. 243, sec. 1, p. 721; am. 2009, ch. 103, sec. 2, p. 318.]

§ 33-203 Dual enrollment

(1) The parent or guardian of a child of school age who is enrolled in a nonpublic school or a public charter school shall be allowed to enroll the student in any public school, including another public charter school, for dual enrollment purposes. The board of trustees of the school district or board of directors of the public charter school shall adopt procedures governing enrollment pursuant to this section. If enrollment in a specific program reaches the maximum for the program, priority for enrollment shall be given to a student who is enrolled full time in the public school. In the case of dual enrollment in a public charter school, the student who is dually enrolled shall not count toward the public charter school’s maximum enrollment restrictions. The dually enrolled student’s primary education provider shall be the provider in which the student is registered for the majority of the coursework. At no time may the dual enrollment provisions be used to circumvent a public charter school’s lottery requirements.

(2) Any student participating in dual enrollment may enter into any program in the public school available to other students, subject to compliance with the eligibility requirements herein and the same responsibilities and standards of behavior and performance that apply to any student’s participation in the activity, except that the academic eligibility requirements for participation in nonacademic activities are as provided for herein.

(3) All schools shall be allowed to include dually enrolled nonpublic school and public school students for the purposes of state funding only to the extent of the student’s participation in the public school programs.

(4) Oversight of academic standards relating to participation in nonacademic public school activities shall be the responsibility of the primary education provider for that student. In order for any nonpublic school student or public school student to participate in nonacademic public school activities for which public school students must demonstrate academic proficiency or eligibility, the nonpublic school or public school student shall demonstrate composite grade-level academic proficiency on any state board of education recognized achievement test, portfolio, or other mechanism as provided for in state board of education rules. Additionally, a student shall be eligible if he achieves a minimum composite, core or survey test score within the average or higher-than-average range as established by the test service utilized on any nationally normed test. Demonstrated proficiency shall be used to determine eligibility for the current and next following school years. School districts and public charter schools shall provide to nonpublic students who wish to participate in dual enrollment activities the opportunity to take state tests or other standardized tests given to all regularly enrolled public school students.

(5) A public school student who has been unable to maintain academic eligibility is ineligible to participate in nonacademic public school activities as a nonpublic school or public charter school student for the duration of the school year in which the student becomes academically ineligible and for the following academic year.

(6) A nonpublic school or public school student participating in nonacademic public school activities must reside within the attendance boundaries of the school for which the student participates.

(7) Dual enrollment shall include the option of joint enrollment in a regular public school and an alternative public school program. The state board of education shall establish rules that provide funding to school districts for each student who participates in both a regular public school program and an alternative public school program.

(8) Dual enrollment shall include the option of enrollment in a postsecondary institution. Any credits earned from an accredited postsecondary institution shall be credited toward state board of education high school graduation requirements.

(9) A nonpublic student is any student who receives educational instruction outside a public school classroom and such instruction can include, but is not limited to, a private school or a home school.

[33-203, added 1995, ch. 224, sec. 1, p. 775; am. 1999, ch. 387, sec. 1, p. 1082; am. 2002, ch. 106, sec. 1, p. 289; am. 2017, ch. 62, sec. 1, p. 151.]

§ 33-204 Exemption for cause

When a licensed physician or psychiatrist shall state in writing to the board of trustees of a school district that the physical, mental or emotional condition of a child does not permit attendance at school, and a petition is filed with the board by the parent or guardian of the child requesting such child to be exempt from the provisions of section 33-202, the board of trustees may at its discretion grant the requested exemption during the existence of such condition. The board may, from time to time as it may determine, require additional examination of the child and a report thereon.

[33-204, added 1963, ch. 13, sec. 27, p. 27.]

§ 33-205 Denial of school attendance

(1) The board of trustees may deny enrollment or attendance at any of its schools by expulsion, to any pupil:

(a) Who is habitually truant;

(b) Whose conduct, in the judgment of the board, is such as to be continuously disruptive of school discipline or of the instructional effectiveness of the school;

(d) Who has possessed a deadly or dangerous weapon or firearm on school property;

(e) Who has been denied enrollment due to behavior detrimental to the health and safety of other pupils, disenrolled in lieu of discipline, or expelled from another school in this state or any other state; or

(f) Who has a conviction or adjudication for any of the offenses under section 20-525A(5), Idaho Code, or chapter 9, 61, or 66, title 18, Idaho Code. Such convictions or adjudications shall be disclosed by a parent or legal guardian of a pupil to any school district where the pupil is seeking enrollment or is enrolled. The parent’s or legal guardian’s failure to disclose such convictions shall constitute adequate grounds to deny enrollment or attendance to such pupil.

(2) Discipline of students with disabilities shall be in accordance with the requirements of federal law part B of the individuals with disabilities education act and section 504 of the rehabilitation act.

(3) Any pupil having been denied enrollment or expelled may be enrolled or readmitted to the school by the board of trustees upon such reasonable conditions as may be prescribed by the board; but such enrollment or readmission shall not prevent the board from again expelling such pupil for cause.

(4) Provided however, the board shall expel from school for a period of no less than one (1) year, twelve (12) calendar months, or may deny enrollment to a student who has been found to have possessed a firearm on school property in this state or any other state. The board may modify such expulsion or denial of enrollment requirement on a case-by-case basis when the board determines reasonable conditions apply and the student’s presence is not detrimental to the health and safety of other students. An authorized representative of the board shall report such student and incident to the appropriate law enforcement agency.

(5) No pupil shall be expelled or denied enrollment without the board of trustees having first given written notice to the parent or legal guardian of the pupil, which notice shall state the grounds for the proposed expulsion or denial of enrollment and the time and place where such parent or legal guardian may appear to contest the action of the board to deny school attendance and which notice shall state the rights of the pupil to be represented by counsel, to produce witnesses and submit evidence on his own behalf, and to cross-examine any adult witnesses who may appear against him. Within a reasonable period of time following such notification, the board of trustees shall grant the pupil and his parents or legal guardian a full and fair hearing on the proposed expulsion or denial of enrollment. However, the board shall allow a reasonable period of time between such notification and the holding of such hearing to allow the pupil and his parents or legal guardian to prepare their response to the charge. Notwithstanding the provisions of sections 74-205 and 74-206, Idaho Code, a decision to expel or to deny enrollment of a student may be made in executive session, and the student shall not be named in the minutes of the meeting. A record of the decision shall be placed in the student’s educational record and in the official records of the board. Any pupil within the age of compulsory attendance who is expelled or denied enrollment as herein provided shall come under the purview of the juvenile corrections act, and an authorized representative of the board shall, within five (5) days, give written notice of the pupil’s expulsion to the prosecuting attorney of the county of the pupil’s residence.

(6) The superintendent of any district or the principal of any school may temporarily suspend any pupil for disciplinary reasons, including student harassment, intimidation or bullying, or for other conduct disruptive of good order or of the instructional effectiveness of the school. A temporary suspension by the principal shall not exceed five (5) school days, and the school superintendent may extend the temporary suspension an additional ten (10) school days. Provided, that on a finding by the board of trustees, which finding shall be made in executive session, that immediate return to school attendance by the temporarily suspended student would be detrimental to other pupils’ health, welfare, or safety, the board of trustees may extend the temporary suspension for an additional five (5) school days. Prior to suspending any student, the superintendent or principal shall grant an informal hearing on the reasons for the suspension and the opportunity to challenge those reasons. Any pupil who has been suspended may be readmitted to the school by the superintendent or principal who suspended him upon such reasonable conditions as said superintendent or principal may prescribe. The board of trustees shall be notified of any temporary suspensions, the reasons therefor, and the response, if any, thereto.

(7) The board of trustees of each school district shall establish the procedure to be followed by the superintendent and principals under its jurisdiction for the purpose of effecting a temporary suspension, which procedure shall conform to the minimal requirements of due process and afford the pupil privacy.

(8) As used in this section, "possess," "deadly or dangerous weapon," and "firearm" have the same meanings as provided in section 18-3302D, Idaho Code.

[33-205, added 1963, ch. 13, sec. 28, p. 27; am. 1973, ch. 294, sec. 1, p. 618; am. 1976, ch. 86, sec. 1, p. 293; am. 1978, ch. 67, sec. 1, p. 135; am. 1992, ch. 47, sec. 1, p. 149; am. 1995, ch. 248, sec. 2, p. 820; am. 1995, ch. 250, sec. 1, p. 825; am. 1995, ch. 252, sec. 1, p. 827; am. 1998, ch. 186, sec. 1, p. 680; am. 2002, ch. 348, sec. 1, p. 994; am. 2006, ch. 313, sec. 1, p. 969; am. 2021, ch. 182, sec. 1, p. 502; am. 2021, ch. 290, sec. 1, p. 869; am. 2022, ch. 111, sec. 21, p. 381; am. 2025, ch. 220, sec. 1, p. 1036.]

§ 33-206 Habitual truant defined

(1) An habitual truant is:

(a) Any public school pupil who, in the judgment of the board of trustees, or the board’s designee, repeatedly has violated the attendance regulations established by the board; or

(b) Any child whose parents or guardians, or any of them, have failed or refused to cause such child to be instructed as provided in section 33-202, Idaho Code.

(2) A child who is an habitual truant shall come under the purview of the juvenile corrections act if he or she was within the age of compulsory attendance at the time of the violations.

[33-206, added 1963, ch. 13, sec. 29, p. 27; am. 2002, ch. 348, sec. 2, p. 996; am. 2005, ch. 60, sec. 1, p. 217; am. 2010, ch. 278, sec. 1, p. 718.]

§ 33-207 Proceedings against parents or guardians

(1) Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided in this chapter or to have the child instructed as defined in section 33-202, Idaho Code, or knowingly have allowed a pupil to become an habitual truant, proceedings shall be brought against such parent or guardian under the provisions of the juvenile corrections act or as otherwise provided in subsection (2) of this section.

(2) Whenever it is determined by the board of trustees of any school district that a child enrolled in public school is an habitual truant, as defined in section 33-206, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the child’s residence. Proceedings may be brought directly against any parent or guardian of a public school pupil who is found to have knowingly allowed such pupil to become an habitual truant, and such parent or guardian shall be guilty of a misdemeanor.

(3) Whenever it is determined by the board under provisions providing due process of law for the student and his or her parents that the parents or guardians of any child not enrolled in a public school are failing to meet the requirements of section 33-202, Idaho Code, an authorized representative of the board shall notify in writing the prosecuting attorney in the county of the pupil’s residence and recommend that a petition shall be filed in the magistrates division of the district court of the county of the pupil’s residence, in such form as the court may require under the provisions of section 20-510, Idaho Code.

[33-207, added 1963, ch. 13, sec. 30, p. 27; am. 2004, ch. 23, sec. 5, p. 28; am. 2005, ch. 60, sec. 2, p. 217; am. 2009, ch. 103, sec. 3, p. 319.]

§ 33-208 Kindergartens and child attendance not compulsory

It shall not be compulsory for individual school districts to establish a kindergarten program; and it shall not be mandatory for a child who is eligible by age for attendance to enroll in an established public kindergarten.

[I.C., sec. 33-208, as added by 1975, ch. 42, sec. 2, p. 73.]

§ 33-209 Transfer of student records — Duties

Whenever a student transfers from one (1) school to another, within the district, within the state, or elsewhere, and the sending school is requested to forward student records, the sending school shall respond by forwarding a certified copy of the transferred student’s record within ten (10) days, except as provided in section 18-4511, Idaho Code. When the school record contains information concerning violent or disruptive behavior or disciplinary action involving the student, this information shall be included in the transfer of records but shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.

The parent or guardian of a student transferring from out-of-state to a school within the state of Idaho is required, if requested, to furnish the school within this state accurate copies of the student’s school records, including records containing information concerning violent or disruptive behavior or disciplinary action involving the student. This information shall be contained in a sealed envelope, marked to indicate the confidential nature of the contents, and addressed to the principal or other administrative officer of the school.

Failure of the parent or guardian to furnish the required records, or failure to request of the administration of the previous school to provide the required records, shall constitute adequate grounds to deny enrollment to the transferring student or to suspend or expel the student if already enrolled.

[33-209, added 1994, ch. 174, sec. 1, p. 401; am. 1998, ch. 186, sec. 2, p. 681.]

§ 33-210 Students using or under the influence of alcohol or controlled substances

(1) It is legislative intent that parental involvement in all aspects of a child’s education in the public school system remain a priority. Substance abuse prevention programs and counseling for students attending public schools are no exception. Consequently, it is the duty of the board of trustees of each school district, including specially chartered school districts, and governing boards of charter schools, to adopt and implement policies specifying how personnel shall respond when a student discloses or is reasonably suspected of using or being under the influence of alcohol or any controlled substance defined by section 37-2732C, Idaho Code. Such policies shall include provisions that anonymity will be provided to the student on a faculty "need to know" basis, when a student voluntarily discloses using or being under the influence of alcohol or any controlled substance while on school property or at a school function, except as deemed reasonably necessary to protect the health and safety of others. Notification of the disclosure and availability of counseling for students shall be provided to parents, the legal guardian or child’s custodian. However, once a student is reasonably suspected of using or being under the influence of alcohol or a controlled substance in violation of section 37-2732C, Idaho Code, regardless of any previous voluntary disclosure, the school administrator or designee shall contact the student’s parent, legal guardian or custodian, and report the incident to law enforcement. The fact that a student has previously disclosed use of alcohol or a controlled substance shall not be deemed a factor in determining reasonable suspicion at a later date.

(2) In addition to policies adopted pursuant to this section, students may, at the discretion of the district board of trustees or governing board of a charter school, be subject to other disciplinary or safety policies, regardless whether the student voluntarily discloses or is reasonably suspected of using or being under the influence of alcohol or a controlled substance in violation of district or charter school policy or section 37-2732C, Idaho Code.

(3) The district board of trustees or the governing board of the charter school shall ensure that procedures are developed for contacting law enforcement and the student’s parents, legal guardian or custodian regarding a student reasonably suspected of using or being under the influence of alcohol or a controlled substance. District and charter school policies formulated to meet the provisions of section 37-2732C, Idaho Code, and this section shall be made available to each student, parent, guardian or custodian by August 31, 2002, and thereafter as provided by section 33-512(6), Idaho Code.

(4) Any school district employee or independent contractor of an educational institution who has a reasonable suspicion that a student is using or is under the influence of alcohol or a controlled substance and, acting upon that suspicion, reports that suspicion to a school administrator or initiates procedures adopted by the board of trustees or governing board of the charter school pursuant to this section, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report. Any person who reports in bad faith or with malice shall not be protected by this section. Employees and independent contractors of educational institutions who intentionally harass a student through the misuse of the authority provided in this section shall not be immune from civil liability arising from the wrongful exercise of that authority and shall be guilty of a misdemeanor punishable by a fine not to exceed three hundred dollars ($300).

(5) For the purposes of this section, the following definitions shall apply:

(a) "Reasonable suspicion" means an act of judgment by a school employee or independent contractor of an educational institution which leads to a reasonable and prudent belief that a student is in violation of school board or charter school governing board policy regarding alcohol or controlled substance use, or the "use" or "under the influence" provisions of section 37-2732C, Idaho Code. Said judgment shall be based on training in recognizing the signs and symptoms of alcohol and controlled substance use.

(b) "Intentionally harass" means a knowing and willful course of conduct directed at a specific student which seriously alarms, annoys, threatens or intimidates the student and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress.

(c) "Course of conduct" means a pattern or series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally and statutorily protected activity is not included within the meaning of "course of conduct."

[33-210, added 1996, ch. 379, sec. 1, p. 1284; am. 1998, ch. 206, sec. 1, p. 732; am. 2002, ch. 353, sec. 1, p. 1007; am. 2006, ch. 244, sec. 2, p. 740.]

§ 33-211 Students’ driver’s licenses

The board of trustees of a school district and all employees of the school district are authorized to and shall administer the school district’s portion of section 49-303A, Idaho Code, relating to driver’s licenses and school attendance.

[33-211, added 1996, ch. 348, sec. 6, p. 1167.]

§ 33-212 AUTHORITY TO CLOSE SCHOOLS to prevent the spread of infectious disease

(1) Notwithstanding any provision of law or rule to the contrary, only the following person or entities shall have the authority to close schools or otherwise limit any aspect of school programs or activities to prevent the spread of contagious or infectious disease:

(a) The governor or state board of education, whose authority may apply statewide or to any area of the state; or

(b) A board of school district trustees as provided in section 33-512, Idaho Code, or the board of directors of a public charter school.

(2) Only a person or an entity listed in subsection (1) of this section shall have the authority to require, in schools or during school programs or activities, measures intended to prevent the spread of contagious or infectious disease.

(3) A decision by a person or an entity listed in subsection (1) of this section for schools to remain open or to reopen, or to require or not require measures in schools or during school programs or activities to prevent the spread of contagious or infectious disease, shall not constitute a violation of any order issued by the department of health and welfare pursuant to section 56-1003(7), Idaho Code; a district board of health pursuant to section 39-414(2), Idaho Code; or a city pursuant to section 50-304, Idaho Code.

[33-212, added 2021, ch. 14, sec. 2, p. 35.]

Chapter 3 School Districts

§ 33-301 School districts bodies corporate

Each school district, now or hereafter established, when validly organized and existing, is declared to be a body corporate and politic, and in its corporate capacity may sue and be sued and may acquire, hold and convey real and personal property necessary to its establishment, extension and existence. It shall have authority to issue negotiable coupon bonds and incur such other debt, in the amounts and manner, as provided by law.

[33-301, added 1963, ch. 13, sec. 31, p. 27.]

§ 33-302 Classification of school districts

Elementary school districts shall give instruction only to pupils in grades one (1) through eight (8), and may give instruction in kindergarten. All other school districts shall give instruction to pupils in grades one (1) through twelve (12), and may give instruction in kindergarten, and shall maintain secondary schools giving instruction to pupils in grades seven (7) through twelve (12), or any combination of such grades.

Any school district maintaining its only secondary school building situate not less than twenty-five (25) miles from the nearest Idaho secondary school, and which employs not less than six (6) teachers within its district, may be authorized by the state board of education to instruct pupils in two (2) or more grades above grade seven (7).

Whenever any district lies, or shall lie, in more than one (1) county it shall be designated as a joint district of its class.

[33-302, added 1963, ch. 13, sec. 32, p. 27; am. 1975, ch. 42, sec. 4, p. 73.]

§ 33-303 Reclassification of school districts

a. Whenever the board of trustees of an elementary school district shall propose to submit to the qualified electors of the district the question of issuance of bonds for the purpose of acquiring or building any secondary school building, or whenever the board of trustees of an elementary school district shall propose to otherwise establish, or to re-establish, a secondary school, said board of trustees shall first petition the state board of education to reclassify the district. Any such petition shall be in writing and shall contain such information as will enable the state board of education to determine the feasibility of maintaining an accredited secondary school by the petitioning district.

If the state board of education shall determine that the maintenance of an accredited secondary school by the petitioning elementary school district is feasible, it shall reclassify such district but such reclassification shall be for a period of not more than three (3) years, at the end of which period the state board of education shall review its action. If, at the time of review, the district is maintaining an accredited secondary school, its reclassification shall be made permanent, subject only to the provisions of subsection (b) of this section. If, at the time of review, the district is not maintaining an accredited secondary school, the state board of education shall revoke the temporary reclassification and the district shall revert to the classification of an elementary school district.

b. If any school district, other than an elementary school district, shall have maintained no secondary school within its area for a period of five (5) successive years, the state board of education may, at any time thereafter and while such district continues to maintain no secondary school, reclassify such district as an elementary school district.

c. Whenever the state board of education shall reclassify any district, as in this section provided, written notice thereof shall be given to the board of trustees of such district and to the board of county commissioners of any county in which the district may lie.

[33-303, added 1963, ch. 13, sec. 33, p. 27.]

§ 33-304 Joint school districts

In any joint district, the duties imposed upon, and the records required to be kept by, the county commissioners or any other county officer, in respect to school districts, including the assessment of taxable property and the levying of and collection of taxes, shall be performed or kept by the commissioners and other county officers in each county in which the district lies as though the portion of the district in each county were a separate district therein.

One (1) of the counties in which a joint district lies shall be the home county of the district.

When a joint district is created by the division of a county, or through the annexation of any territory by the state board of education, the board of trustees of such district shall designate its home county and give notice thereof to the state board of education and to the board of county commissioners in each county in which the district lies.

[33-304, added 1963, ch. 13, sec. 34, p. 27.]

§ 33-305 Naming and numbering school districts

Each school district as the same is organized on the effective date of this act shall bear the same number as theretofore. Excepting specially chartered school districts, each school district operating a secondary school, or secondary schools, on said date shall be designated by number and county, after the following style:

School District No. .., …. County, State of Idaho, or Joint School District No. .., …., …., (and ….) Counties, State of Idaho.

Each school district which, on the effective date of this act, is maintaining only an elementary school, or elementary schools, shall be designated after the following style:

Elementary School District No. .., …. County, State of Idaho, or Joint Elementary School District No. .., …., …., (and ….) Counties, State of Idaho.

Joint districts shall be designated by the same number in each county in which the district lies, or shall lie.

Wherever the term "school district" appears in this act, it shall mean and include any school district, joint school district, elementary school district, joint elementary school district or specially chartered school district, unless a more limited meaning is clearly expressed and intended, or unless any provision of a charter is contrary thereto.

[33-305, added 1963, ch. 13, sec. 35, p. 27.]

§ 33-306 Boundaries of school districts

There shall be no part of the area of the state of Idaho not included in the area of some school district.

A legal description of the boundaries of each school district, as now or hereafter established, shall be kept by the state board of education and by the board of county commissioners in each county in which any school district, or any part thereof, shall lie.

[33-306, added 1963, ch. 13, sec. 36, p. 27.]

§ 33-307 Correcting or altering school district boundaries

(1) Whenever the state board of education shall find that school district boundaries should be corrected or altered, because of error in the legal description of the boundaries of any school district, or for any other reason, including, but not limited to:

(a) Any part of the area of the state is not included within the area of a school district; or

(b) Is included in more than one (1) school district; or

(c) The approval in any school election involving the excision and annexation of territory, or the consolidation of school districts, the division of a school district, or the lapse of a school district;

then the superintendent of public instruction shall make an appropriate order including an omitted area into any school district, or districts, or correcting or altering the boundaries of the districts, in such manner as, in his judgment, is just and proper.

(2) A copy of any such order shall be sent by the state department of education to the board of trustees of any school district affected by the order, which shall notify the state tax commission and the county assessor and county recorder in accordance with the provisions of section 63-215, Idaho Code.

(3) Within thirty (30) days of receipt of the order, the state tax commission and the county assessor shall correct or alter the legal description of the school district or districts, as the same may appear in their respective records. The state tax commission shall notify the board of trustees of the affected school district and the state department of education that the county records have been corrected as ordered effective upon such notification. In the case of either the consolidation or division of a school district, the proposal shall become effective the first day of July next following the date of the order.

(4) The state board of education may promulgate rules to govern the procedures for correcting or altering school district boundaries.

[33-307, added 1963, ch. 13, sec. 37, p. 27; am. 1973, ch. 9, sec. 1, p. 21; am. 1980, ch. 38, sec. 1, p. 65; am. 1998, ch. 244, sec. 1, p. 803; am. 2009, ch. 107, sec. 1, p. 339.]

§ 33-308 Excision and annexation of territory

(1) A board of trustees of any school district, including a specially chartered school district, or one-fourth (1/4) or more of the school district electors residing in an area of not more than fifty (50) square miles within which there is no schoolhouse or facility necessary for the operation of a school district, may petition in writing proposing the annexation of the area to another and contiguous school district.

(2) Such petition shall be in duplicate, one (1) copy of which shall be presented to the board of trustees of the district from which the area is proposed to be excised, and the other to the board of trustees of the district to which the area is proposed to be annexed. The petition shall contain:

(a) The names and addresses of the petitioners;

(b) A legal description of the area proposed to be excised from one district and annexed to another contiguous district. Such legal description shall be prepared by a licensed attorney, licensed professional land surveyor, or licensed professional engineer professionally trained and experienced in legal descriptions of real property;

(c) Maps showing the boundaries of the districts as they presently appear and as they would appear should the excision and annexation be approved;

(d) The names of the school districts from and to which the area is proposed to be excised and annexed;

(e) A description of reasons for which the petition is being submitted; and

(f) An estimate of the number of children residing in the area described in the petition.

(3) The board of trustees of each school district, no later than thirty (30) calendar days after its first regular meeting held subsequent to receipt of the petition, shall transmit the petition, with recommendations, to the state board of education.

(4) The state board of education shall approve the proposal, provided:

(a) The excision and annexation is in the best interests of the children residing in the area described in the petition; and

(b) The excision of the territory, as proposed, would not leave a school district with a bonded debt in excess of the limit then prescribed by law.

If either condition is not met, the state board shall disapprove the proposal. The approval or disapproval shall be expressed in writing to the board of trustees of each school district named in the petition.

(5) If the state board of education approves the proposal, it shall be submitted to the school district electors residing in the district from which the area is proposed to be excised and in the district to which the area is proposed to be annexed, at an election held in the manner provided in chapter 14, title 34, Idaho Code. Such election shall be held on the date authorized in section 34-106, Idaho Code, that is nearest to sixty (60) days after the state board approves the proposal.

(6) At the election, there shall be submitted to the electors having the qualifications of electors in a school district bond election:

(a) The question of whether the area described in the petition shall be excised from school district no. ( ) and annexed to contiguous school district no. ( ); and

(b) The question of assumption of the appropriate proportion of any bonded debt, and the interest thereon, of the proposed annexing school district.

(7) In order for a proposal to excise and annex an area to be approved:

(a) The proposal must be approved by a majority of electors voting in the election in both:

(i) The district from which the area is proposed to be excised; and

(ii) The district to which the area is proposed to be annexed; and

(b) The electors voting on the question of the assumption of bonded debt and interest have approved such assumption by the proportion of votes cast as is required by section 3, article VIII, of the constitution of the state of Idaho.

(8) If the proposal is approved by the electors in the manner prescribed, the board of canvassers shall promptly notify the state department of education and the affected school districts of such results. The superintendent of public instruction shall make an appropriate order for the boundaries of the affected school districts to be altered, and the legal descriptions of the school districts shall be altered as prescribed in section 33-307, Idaho Code.

[33-308, added 1963, ch. 13, sec. 38, p. 27; am. 1998, ch. 244, sec. 2, p. 804; am. 2009, ch. 107, sec. 2, p. 340; am. 2009, ch. 341, sec. 24, p. 1008; am. 2010, ch. 215, sec. 1, p. 482; am. 2020, ch. 288, sec. 1, p. 833.]

§ 33-309 Lapsed districts — Annexation

(1) If the state board of education shall find any school district:

(a) Has not operated its school for a period of one (1) school year;

(b) In which the average daily attendance during each term of not less than seven (7) months in the two (2) school years last past has been less than five (5) pupils; or

(c) For a period of not less than one (1) year last past has had an insufficient number of members on its board of trustees lawfully to conduct the business of the district;

the state board may enter its order declaring any such district to be lapsed, and which district shall lapse as of the first day of July next following the date of said order.

(2) Upon entering its order declaring a school district lapsed pursuant to subsection (1) of this section, the state board shall designate some proper person a hearing officer to conduct a public hearing or hearings on the matter of annexing the lapsed district to a school district or districts contiguous thereto. The state board shall cause notice of such hearing or hearings to be published in a newspaper of general circulation in the area and the notice shall state the time and place of the hearing or hearings and the subject matter involved.

(3) Upon concluding any hearing or hearings the hearing officer shall make his report and recommendation to the state board, and the state board shall thereafter order the lapsed area annexed to such contiguous district or districts as in the judgment of the state board seems equitable and just. Any such annexation shall be effective as of the fifteenth day of August next following the date of the order of annexation.

(4) Whenever there is any outstanding unpaid bonded debt owed by the lapsed district, the state board shall, in its order of annexation, require the district, or one (1) of the districts, to which the lapsed area is annexed, to keep and maintain the bond register and to pay the principal and interest, when the same are due, out of the proceeds of any levy made for that purpose. The said order of annexation shall also provide for the transfer, or apportionment, to the annexing district or districts of the property and current liabilities of the lapsed district as in the judgment of the state board is equitable and just; provided however, that if the lapsed district shall have excess of liquid assets over current liabilities, and if such lapsed district shall have any outstanding unpaid bonded debt, then and in that event such excess shall be ordered transferred to a fund for the payment of the principal of and interest on such debt.

(5) When annexation has been completed, as hereinabove authorized, the state board shall give notice of such annexation to the officers of the lapsed district, if any there be, and to the board of county commissioners of any county in which shall lie any district, the boundaries of which have been changed by the annexation of the lapsed area. The notice to any board of county commissioners shall be accompanied by a legal description of the boundaries of the district or districts as changed by the annexation.

[33-309, added 1963, ch. 13, sec. 39, p. 27; am. 2009, ch. 88, sec. 1, p. 257.]

§ 33-310 Consolidation of school districts

The boards of trustees of two (2) or more contiguous school districts may submit to the state board of education a plan for the consolidation of their districts into a single new district.

The plan shall contain as a minimum the following, and in addition any other information required by the state board of education:

(1) A map or maps showing the boundaries of the proposed new district, the boundaries of the component consolidating districts, the location of existing schoolhouses or other facilities of the component districts, the proposed trustee zones, and the proposed transportation routes if any;

(2) A legal description of the boundaries of the proposed new school district and of the trustee zones proposed, with estimates of the population in each such zone;

(3) The assessed value of taxable property of each component consolidating district and of the entire proposed new district;

(4) Outstanding general obligation bonds of any component consolidating district, sinking funds accumulated, and estimated proceeds of sinking fund levies in process of collection;

(5) Whether any component district has established a plant facilities reserve fund, and if so the amount on hand in such fund, the obligations against the fund, and the levy being made for such fund together with estimate of the proceeds of such levy in process of collection;

(6) The amount of any outstanding and unpaid bonds that will become the obligation of the subdistricts, pursuant to section 33-311, Idaho Code, after the application of any plant facility reserve funds, pursuant to section 33-901, Idaho Code. The plan shall also show for each subdistrict the estimated amount of state subsidies to be received, the estimated bond levy rate and the year in which the last levy will be made;

(7) If a joint district, the designation of the home county;

(8) The official name and number of the proposed new district; and

(9) How the property, real and personal, of former districts shall vest in the new district.

Before submitting any proposal for consolidating school districts to the state board of education, the board of trustees of each proposing district shall first call and cause to be held, within said district, a hearing on the proposal. Notice of the time and place of such hearing shall be given, by each such district, by two (2) publications in a newspaper of general circulation in the district, the first and last publications being not less than six (6) days apart.

At such hearings, any school district elector or taxpayer of the district may appear and be heard, and may request any information from the board of trustees, concerning the proposed consolidation. Records of the hearings shall be entered in the minutes of each board of trustees and shall be included with the plan of proposed consolidation if and when it is submitted to the state board of education.

Following any hearing, it shall be within the discretion of the board of trustees of any proposing district whether it shall further proceed in the plan for consolidating the districts.

[33-310, added 1963, ch. 13, sec. 40, p. 27; am. 2007, ch. 79, sec. 1, p. 209.]

§ 33-310A Consolidation of contiguous school districts

In addition to the procedure contained in section 33-310, Idaho Code:

A. five per cent (5%) or more of the registered voters from each of two (2) or more contiguous school districts, when such districts coincide with election precincts, or,

B. a number of registered voters equal to fifteen per cent (15%) or more of the aggregate number of votes cast at the last three (3) elections for school trustees in each of the school districts, may petition in writing proposing the consolidation of their districts into a single new district. One (1) copy of such petition shall be presented to the board of trustees of each district included in the proposed consolidation. The petition shall contain:

The names and addresses of the petitioners;
A map or maps showing the boundaries of the proposed new district, the boundaries of the component consolidating districts, the location of existing schoolhouses or other facilities of the component districts, the proposed trustee zones, and the proposed transportation routes, if any.

When the petitions are received by the boards of trustees, the provisions of section 33-310, Idaho Code, shall become mandatory upon the boards so affected. The petitioners shall have the right to cooperate in the formulation of the proposed consolidated school district with the board of trustees of each school district affected thereby. The provisions of section 33-310, Idaho Code, shall be complied with and the proposed consolidation together with the testimony given at the public hearings shall be submitted to the state board of education within three (3) months after the first meeting of the combined boards and the petitioners. The first meeting of the combined boards and the petitioners shall be within fifteen (15) days after the petitions are submitted by the petitioners.

[I.C., sec. 33-310A, as added by 1970, ch. 86, sec. 1, p. 210.]

§ 33-310B Feasibility study and plan for consolidation

All school districts operating one (1) or more high schools may conduct a feasibility study and prepare a plan for school consolidation, which may also include school district consolidation. The cost of such feasibility studies and plans shall be reimbursed at an amount not to exceed ten thousand dollars ($10,000) per each school district that proposes to consolidate, in accordance with rules promulgated by the state board of education. The state board of education shall review and act upon all plans for school consolidation.

[33-310B, added 1989, ch. 296, sec. 1, p. 724; am. 1998, ch. 88, sec. 3, p. 299; am. 2007, ch. 79, sec. 2, p. 210.]

§ 33-311 Plan of consolidation submitted to electors

The state board of education may approve or disapprove any plan proposing consolidation, and if it approves the same the department of education shall give notice thereof to the board of trustees of each school district proposing to consolidate and to the board of county commissioners in each county in which the proposed consolidated district would lie. Notice to the board of county commissioners shall include the legal description of the boundaries of the proposed consolidated district and a brief statement of the approved proposal, and shall be accompanied by a map of the proposed consolidated district.

Not more than ten (10) days after receiving the notice from the state department of education, each board of county commissioners receiving such notice shall enter the order calling for an election on the question of approving or disapproving, and shall cause notice of such election to be published. The notice shall be published, the election shall be held and conducted and its results canvassed, in the manner and form of title 34, Idaho Code.

If the qualified school electors of any one (1) district proposing to consolidate, and voting in the election, shall constitute a majority of all such electors voting in the entire area of the proposed consolidated district, the proposed consolidation shall not be approved unless a majority of such electors in such district, voting in the election, and a majority of such electors in each of the remaining districts, voting in the election, shall approve the proposed consolidation.

If the qualified school electors in no one (1) of the districts proposing to consolidate, and voting in the election, constitute a majority of all such electors voting in the entire area of the proposed consolidated district, the proposed consolidation shall not be approved unless a majority of all such electors in each district, voting in the election, shall approve the proposed consolidation.

In any plan of consolidation the existing bonded debt of any district or districts proposing to consolidate, shall not become the obligation of the proposed consolidated school district. The debt or debts shall remain an obligation of the property within the districts proposing the consolidation. Upon voter approval of the proposed consolidation, the districts proposing to consolidate shall become subdistricts of the new district as if they had been created under the provisions of section 33-351, Idaho Code. The subdistricts shall be called bond redemption subdistricts. The powers and duties of such bond redemption subdistricts shall not include authority to incur new indebtedness within the subdistricts.

When a consolidation is approved, as hereinabove prescribed, a new school district is thereby created. The board of canvassers shall thereupon promptly notify the state department of education and the affected school districts of such result. The superintendent of public instruction shall make an appropriate order showing the creation of the district, a legal description of its boundaries, and the legal descriptions of the boundaries of the affected school districts as prescribed in section 33-308, Idaho Code.

[33-311, added 1963, ch. 13, sec. 41, p. 27; am. 1985, ch. 237, sec. 1, p. 562; am. 1989, ch. 296, sec. 2, p. 725; am. 2009, ch. 107, sec. 3, p. 341; am. 2009, ch. 341, sec. 25, p. 1009.]

§ 33-312 Division of school district

A school district may be divided so as to form not more than two (2) districts each of which must have contiguous boundaries, in the manner hereinafter provided, except that any district which operates and maintains a secondary school or schools shall not be divided unless the two (2) districts created out of the division shall each operate and maintain a secondary school or schools immediately following such division.

A proposal to divide a school district may be initiated by its board of trustees and submitted to the state department of education. Such proposal shall contain all of the information required in a proposal to consolidate school districts as may be relevant to a proposal to divide a school district. It shall also show the manner in which it is proposed to divide or apportion the property and liabilities of the district, the names and numbers of the proposed new districts, and legal description of the proposed trustee zones.

Before submitting any proposal to divide a school district, the board of trustees shall hold a hearing or hearings on the proposal within the district. Notice of such hearing or hearings shall be posted by the clerk of the board of trustees in not less than three (3) public places within the district, one (1) of which places shall be at or near the main door of the administrative offices of the school district, for not less than ten (10) days before the date of such hearing or hearings.

The department of education shall present any such proposal to the state board of education, which may approve or disapprove the proposal, and the department of education shall give notice thereof in the manner of a proposal to consolidate school districts; except, that the state board of education shall not approve any proposal which would result in a district to be created by the division having or assuming a bonded debt in an amount exceeding the limitations imposed by law, or which would leave the area of any city in more than one (1) school district.

If the state board of education shall approve the proposal to divide the district, notice of the election shall be published and the election shall be held subject to the provisions of section 34-106, Idaho Code. The election shall be conducted, and the ballots shall be canvassed, according to the provisions of title 34, Idaho Code. The division shall be approved only if a majority of all votes cast at said special election by the school district electors residing within the entire existing school district and voting in the election are in favor of the division of such district, and a majority of all votes cast at said special election by the qualified voters within that portion of the proposed new district having a minority of the number of qualified voters, such portion to be determined by the number of votes cast in each area which is a contemplated new district, are in favor of the division of the district, and upon such approval two (2) new school districts shall be thereby created. The organization and division of all school districts which have divided since June 30, 1963, are hereby validated.

If the division is approved, as herein provided, two (2) new school districts are thereby created. The board of canvassers shall thereupon promptly notify the state department of education and the affected school districts of such result. The superintendent of public instruction shall make an appropriate order showing the creation of the districts and a legal description of the boundaries, and the legal descriptions of the affected school districts shall be altered, as prescribed in section 33-307, Idaho Code.

[33-312, added 1963, ch. 13, sec. 42, p. 27; am. 1963, ch. 175, sec. 1, p. 501; am. 1965, ch. 272, sec. 1, p. 699; am. 1969, ch. 152, sec. 1, p. 478; am. 2009, ch. 107, sec. 4, p. 342; am. 2009, ch. 341, sec. 26, p. 1010; am. 2011, ch. 151, sec. 14, p. 425.]

§ 33-313 Trustee zones

(1) Each elementary school district shall be divided into three (3) trustee zones and each other school district shall be divided into no fewer than five (5) nor more than nine (9) trustee zones according to the provisions of section 33-501, Idaho Code. A school district that has had a change in its district boundaries because of consolidation on and after January 1, 2008, shall divide trustee zones so that each former district in the new district shall not be split into different trustee zones, unless the provisions of subsection (2) of this section cannot be satisfied.

(2) Any proposal to define the boundaries of the several trustee zones in each such school district shall include the determination, where appropriate, of the number of trustee zones in such district, and the date of expiration of the term of office for each trustee. The boundaries of the several trustee zones in each such school district shall be defined and drawn so that, as reasonably as may be, each such zone shall have approximately the same population.

(3) Whenever the area of any district has been enlarged by the annexation of all or any part of another district, or by the correction of errors in the legal description of school district boundaries, any such additional territory shall be included in the trustee zone or zones contiguous to such additional territory until such time as the trustee zones may be redefined and changed. Trustee zones may be redefined and changed not more than once every five (5) years in the manner hereinafter provided.

(4) A proposal to redefine and change trustee zones of any district may be initiated by its board of trustees and shall be initiated by its board of trustees at the first meeting following the report of the decennial census, and submitted to the state board of education, or by petition signed by not less than fifty (50) school electors residing in the district, and presented to the board of trustees of the district. Within one hundred twenty (120) days following the decennial census or the receipt of a petition to redefine and change the trustee zones of a district the board of trustees shall prepare a proposal for a change which will equalize the population in each zone in the district and shall submit the proposal to the state board of education. Any proposal shall include a legal description of each trustee zone as the same would appear as proposed, a map of the district showing how each trustee zone would then appear, and the approximate population each would then have, should the proposal to change any trustee zones become effective.

(5) Within sixty (60) days after it has received the said proposal the state board of education may approve or disapprove the proposal to redefine and change trustee zones and shall give notice thereof in writing to the board of trustees of the district wherein the change is proposed. Should the state board of education disapprove a proposal, the board of trustees shall, within forty-five (45) days, submit a revised proposal to the state board of education. Should the state board of education approve the proposal, it shall notify the school district, the trustee zones shall be changed in accordance with the proposal and a copy of the legal description of each trustee zone and map of the district showing how each trustee zone will appear shall be filed by the school district with the county clerk.

(6) At the next regular meeting of the board of trustees following the approval of the proposal the board shall appoint from its membership a trustee for each new zone to serve as trustee until that incumbent trustee’s term expires. If the current board membership includes two (2) incumbent trustees from the same new trustee zone, the board will select the incumbent trustee with the most seniority as a trustee to serve the remainder of his term. If both incumbent trustees have equal seniority, the board will choose one (1) of the trustees by the drawing of lots. If there is a trustee vacancy in any of the new zones, the board of trustees shall appoint from the patrons resident in that new trustee zone, a person from that zone to serve as trustee until the next annual meeting. At the annual election a trustee shall be elected to serve during the term specified in the election for the zone. The elected trustee shall assume office at the annual meeting of the school district next following the election.

[33-313, added 1963, ch. 13, sec. 43, p. 27; am. 1967, ch. 403, sec. 1, p. 1214; am. 1969, ch. 412, sec. 1, p. 1143; am. 1973, ch. 125, sec. 1, p. 236; am. 1979, ch. 271, sec. 1, p. 705; am. 1984, ch. 94, sec. 1, p. 218; am. 1989, ch. 121, sec. 1, p. 267; am. 1990, ch. 31, sec. 1, p. 46; am. 1994, ch. 182, sec. 1, p. 599; am. 2001, ch. 163, sec. 1, p. 572; am. 2008, ch. 351, sec. 1, p. 968; am. 2009, ch. 341, sec. 27, p. 1011; am. 2014, ch. 162, sec. 2, p. 455.]

§ 33-314 Appeal from order of state board of education

Any order of the state board of education affecting the organization, consolidation, division, annexation, excision, or change in boundaries of any school district, or districts, may be appealed to the district court of any county in which the district, or proposed district, lies or shall lie. Appeal may be taken by any school elector residing in the area affected by the order, or by any taxpayer on property situate in said area, and shall be tried de novo.

The pleadings and other papers shall be filed not more than sixty (60) days after notice of the order appealed, and service of two (2) copies thereof shall be made upon the state superintendent of public instruction.

[33-314, added 1963, ch. 13, sec. 44, p. 27.]

§ 33-315 Cooperative educational services — Legislative intent declared

The legislature of the state of Idaho hereby declares its intent to encourage school districts to cooperatively provide those educational services which they are unable to offer singly or which can be provided more economically and/or more efficiently in combination with other districts.

[33-315, added 1967, ch. 362, sec. 1, p. 1042.]

§ 33-316 Cooperative contract to employ specialized personnel and/or purchase materials

The trustees of two (2) or more school districts may cooperatively enter into written contract to employ specialized personnel and/or purchase materials which in the judgment of the contracting school districts are necessary or desirable for the conduct of the business of the school districts.

[33-316, added 1967, ch. 362, sec. 2, p. 1042.]

§ 33-317 Cooperative service agency — Powers — Duties — Limitations

(1) Two (2) or more school districts may join together for educational purposes to form a service agency to purchase materials and/or provide services for use individually or in combination. The cooperative service agency thus formed shall be empowered to adopt bylaws, and act as a body corporate and politic with such powers as are assigned through its bylaws but limited to the powers and duties of local school districts. In its corporate capacity, this agency may sue and be sued and may acquire, hold and convey real and personal property necessary to its existence. The employees of the service agency shall be extended the same general rights, privileges and responsibilities as comparable employees of a school district. The cooperative service agency may elect to be its own fiscal agent for the purposes of providing an alternative school program, with the concurrence of the school districts for which it provides such services. In doing so the educational support program payments made pursuant to section 33-1002, Idaho Code, that would have been distributed to the school district acting as the fiscal agent, shall instead be distributed to the cooperative service agency.

(2) A properly constituted cooperative service agency may request from its member school districts funding to be furnished by a tax levy not to exceed one-tenth of one percent (.1%) for a period not to exceed ten (10) years by such member school districts. Such levy must be authorized by an election held subject to the provisions of section 34-106, Idaho Code, and be conducted in each of the school districts pursuant to chapter 14, title 34, Idaho Code, and approved by a majority of the district electors voting in such election. Moneys received by the member school districts from this source shall be transferred to the cooperative service agency upon receipt of billing from the agency. Excess revenue over billing must be kept in a designated account by the district, with accrued interest, and may only be spent as budgeted by the agency.

(3) For the purpose of constructing and maintaining facilities of a cooperative service agency, in addition to the levy authorized in subsection (2) of this section, a properly constituted cooperative service agency may request from its member school districts additional funding to be furnished by a tax levy not to exceed four-tenths of one percent (.4%) for a period not to exceed ten (10) years. Such levy must be authorized by an election held subject to the provisions of section 34-106, Idaho Code, and be conducted in each of the school districts pursuant to chapter 14, title 34, Idaho Code, and approved by sixty-six and two-thirds percent (66 2/3%) of the district electors voting in such election. If one (1) or more of the member districts fails to approve the tax levy in such election, the cooperative service agency may construct the facility through the support of the member districts approving the levy, but in no event shall the levy limits authorized in this subsection (3) be exceeded. Nothing shall prevent a member district that initially failed to approve the levy from conducting a subsequent election, held pursuant to section 34-106, Idaho Code, to authorize that district’s participation in construction of the facility. Electors of the districts may approve continuation of such levy for an additional ten (10) years at an election held for that purpose. There is no limit on the number of elections which may be held for the purpose of continuing the levy authorized under this subsection (3) for an additional ten (10) years. The administration and accounting of moneys received by imposition of the levy shall be the same as provided in subsection (2) of this section.

[33-317, added 1967, ch. 362, sec. 3, p. 1042; am. 1972, ch. 105, sec. 1, p. 216; am. 1985, ch. 107, sec. 2, p. 192; am. 1989, ch. 17, sec. 1, p. 19; am. 1991, ch. 111, sec. 1, p. 238; am. 2006, ch. 306, sec. 1, p. 945; am. 2008, ch. 104, sec. 1, p. 287; am. 2009, ch. 220, sec. 1, p. 684; am. 2009, ch. 227, sec. 1, p. 708; am. 2009, ch. 341, sec. 28, p. 1012.]

§ 33-317A Legislative intent — Cooperative Service agency — school plant facility levy

(1) For the purpose of constructing and maintaining facilities of a cooperative service agency, a properly constituted cooperative service agency may request from its member school districts additional funding to be furnished by a tax levy not to exceed four-tenths of one percent (.4%) of market value for assessment purposes in each year, as such valuation existed on December 31, of the previous year, for a period not to exceed three (3) years. Such levy shall be authorized by an election held in each of the school districts pursuant to chapter 4, title 33, Idaho Code. The question of a levy to be submitted to the electors of each member school district and the notice of such election shall state the dollar amount proposed to be collected each year during the period of years in each of which the collection is proposed to be made, the percentage of votes in favor of the proposal which are needed to approve the proposed dollar amount to be collected, and the purposes for which such funds shall be used. Said notice shall be given, the election shall be conducted and the returns canvassed as provided in chapter 4, title 33, Idaho Code; and the dollar amount to be collected shall be approved only if:

(a) Fifty-five percent (55%) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of less than two-tenths of one percent (.2%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election;

(b) Sixty percent (60%) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of two-tenths of one percent (.2%) or more and less than three-tenths of one percent (.3%) of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election; or

(c) Two-thirds (2/3) of the district electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities of three-tenths of one percent (.3%) or more of market value for assessment purposes as such valuation existed on December 31 of the year immediately preceding the election.

If the question be approved, each member school district of the cooperative service agency may make a levy, not to exceed four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, in each year for which the collection was approved, sufficient to collect the dollar amount approved and may again submit the question at the expiration of the period of such levy, for the dollar amount to be collected during each year, and the number of years which the board may at that time determine. Or, during the period approved at any such election, if such period be less than three (3) years or the levy be less than four-tenths of one percent (.4%) of market value for assessment purposes as such valuation existed on December 31 of the previous year, the cooperative service agency may request that its member school districts submit to the qualified school district electors in the same manner as before, the question whether the number of years, not to exceed three (3), or the levy, or both, be increased, but not to exceed the maximum herein authorized. If such increase or increases be approved by the electors, the terms of such levy shall be in lieu of those approved in the first instance, but disapproval shall not affect any terms theretofore in effect.

(2) Physical construction may commence once moneys equal to the estimated cost of constructing the facility have been collected by the cooperative service agency, except that the cooperative service agency may commence physical construction before moneys equal to one hundred percent (100%) of the estimated cost of constructing the facility have been collected as long as language is included in the instructions to bidders reflecting the following:

(a) Providing notice of the funding method and schedule;

(b) Clearly stating that if all moneys are not collected according to the schedule provided, the contractor may not be paid in a timely manner and such contractor will have to await payment until the necessary moneys are collected, but in no event shall such contractor have to await payment longer than three (3) years from the date of the contractor’s last pay request;

(d) Stating that should an inability to pay occur after the fifty percent (50%) completion point of the project, the contractor must complete the project irrespective of payment status; and

(e) Stating that if an inability to pay occurs before the fifty percent (50%) completion point, the contractor has the option to suspend work, receiving no compensation for delay, and restart the project when funding becomes available.

(3) If one (1) or more of the member districts fails to approve the tax levy in such election, the cooperative service agency may construct the facility through the support of the member districts approving the levy, but in no event shall the levy limits authorized in this section be exceeded.

(4) Nothing shall prevent a member district that initially failed to approve the levy from conducting a subsequent election, held pursuant to chapter 4, title 33, Idaho Code, to authorize that district’s participation in construction of the facility.

(5) The administration and accounting of moneys received by imposition of the levy provided for in this section shall be the same as provided in section 33-317(2), Idaho Code.

[33-317A, added 2009, ch. 220, sec. 2, p. 685; am. 2011, ch. 189, sec. 1, p. 540.]

§ 33-318 Fair share of expenses — Appropriation from school district funds

For the services and materials received from a cooperative service agency, boards of trustees may appropriate from school district funds and pay to the service agency an amount determined by the governing body of the agency to be their fair share of the expenses involved.

[33-318, added 1967, ch. 362, sec. 4, p. 1042.]

§ 33-319 Rural School Districts — Rural Public Charter Schools

(1) A school district shall be considered a rural school district if it meets one (1) of the following two (2) criteria:

(a) There are fewer than twenty (20) enrolled students per square mile within the area encompassed by the school district’s boundaries; or

(b) The county in which a plurality of the school district’s market value for assessment purposes is located contains less than twenty-five thousand (25,000) residents, based on the most recent decennial United States census.

(2) A public charter school shall be considered a rural public charter school if the school district in which the public charter school is physically located meets the definition of a rural school district, pursuant to subsection (1) of this section. A public charter school that is also a virtual school shall be considered a rural public charter school if over fifty percent (50%) of its enrolled students reside within school districts that meet the definition of a rural school district pursuant to subsection (1) of this section.

[33-319, added 2009, ch. 239, sec. 1, p. 739.]

§ 33-320 Strategic Performance Plans and Training

(1) Each school district and public charter school in Idaho shall develop and submit to the state department of education a strategic performance plan that has a continuous focus on innovating and improving:

(a) Student academic proficiency;

(b) Student academic growth;

(d) Outcomes of at-risk and economically disadvantaged students as defined in section 33-1001, Idaho Code; and

(e) Local school board performance and stewardship of monitoring student performance, including compliance with all applicable laws, regulations, and any terms of a public charter school’s performance certificate.

(2) The local governing board and the school district superintendent or charter administrator shall collaborate to develop the strategic performance plan by coordinating outreach to students, parents, educators, local industry partners, and the business community, as appropriate.

(3) The strategic performance plan shall:

(a) Set clear and measurable goals for student outcomes and postsecondary achievements, including key indicators for monitoring performance, and consider student growth and proficiency goals established by the state board of education;

(b) Include strategies based on evidence-based research to meet each goal;

(c) Be data-driven and include student outcomes and growth data in literacy, math, graduation rates, achievement of individual postsecondary goals, and any other metric required by the state board of education;

(d) Include a clearly developed and articulated vision and mission;

(e) Outline a plan for the local governing board’s continued learning regarding school board and leadership development in monitoring student performance;

(f) Utilize a template developed by the state department of education or submit required data points in a manner consistent with the state template; and

(g) At the local governing board’s direction, include other areas of strategic performance that may be necessary to achieve other goals of the school district or public charter school.

(4) A school district or public charter school may apply to use alternative student success measures if it demonstrates that a combined twenty-five percent (25%) or greater of its students include special education students, homeless students, economically disadvantaged students, students enrolled in an alternative high school, or English language learners.

(5) Beginning with the 2027-2028 school year, the local governing board shall adopt and submit its strategic performance plan to the state department of education no later than October 1 of each year. In each subsequent year, the strategic plan shall include an annual progress report on all established goals. The plan shall cover a period of no less than four (4) years, including the fiscal year in which the plan is submitted, and shall be updated annually each summer.

(6) The state board of education shall adopt a matrix to be used by the state department of education to evaluate a school district’s or public charter school’s progress toward the student-outcome goals in its strategic performance plan. The matrix shall give determinative weight to locally approved goals and alternative success measures. The matrix shall be adopted no later than September 1, 2026.

(7) For the purposes of this section, "progress" means measurable improvement toward goals identified in a school district’s or public charter school’s strategic performance plan. Demonstration of progress may include but is not limited to student success measures, baselines, benchmarks, and implementation evidence selected by the school district or public charter school. Evidence of progress may include but is not limited to:

(a) Year-over-year improvement in student academic growth, proficiency, graduation rates, or postsecondary readiness, as applicable;

(b) Measurable improvement among identified student subgroups, including at-risk students and economically disadvantaged students;

(c) Implementation of evidence-based strategies identified in the strategic performance plan, including documented changes to curriculum, instruction, assessment, professional development, or resource allocation; and

(d) Demonstrated improvement toward interim benchmarks or milestones established in the strategic performance plan, provided that long-term outcome targets may not have been fully achieved yet.

(8)(a) The local governing board shall, at least quarterly, review, discuss, and approve progress reports on two (2) or more key areas of the strategic performance plan at a regular or special board meeting.

(b) The state department of education shall evaluate the progress reports to:

(i) Identify high-performing school districts and public charter schools and determine best practices to incorporate into statewide professional development training; and

(ii) Identify school districts and public charter schools that are not demonstrating improved student performance.

(9) During an annual evaluation of progress reports, the state department of education shall recognize the top ten percent (10%) of school districts and public charter schools that meet or exceed the goals of the respective strategic performance plans as "schools or districts of educational excellence."

(10) Flexibility may be granted within the accountability framework for school districts and public charter schools that demonstrate sustained high levels of academic achievement. For such districts or charters, accountability determinations may include but are not limited to multi-year performance trends and overall performance relative to established goals, recognizing that annual growth may not be statistically significant when achievement levels are consistently high.

(11) If during its annual evaluation of progress reports the state department of education finds that a school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator in reassessing and adjusting, if necessary, the plan’s strategies while focusing on improved student performance;

(b) Support the local governing board and school district superintendent or charter administrator in reviewing school district or public charter school performance, including in the areas of local budget, curricula, and professional development, to identify areas hindering student performance;

(c) Offer recommendations to the local governing board and school district superintendent or charter administrator intended to improve the areas hindering student performance; and

(d) Provide a list of high-performing school districts and public charter schools of similar size and student demographics to offer opportunities for mentorship in areas of evidence-based practices, peer supports, or locally implemented strategies from high-performing school districts or public charter schools that may assist in the development of revised goals or strategies for improvement.

(12) If the state department of education finds that the school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan after two (2) consecutive annual evaluations of progress reports, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator as required in subsection (11)(a) of this section;

(b) Direct the state department of education to approve ISAT remediation funds, professional development and literacy budgets, professional development plans, and curricular materials that are in alignment with the school district’s or public charter school’s student performance goals; and

(c) Assist the local governing board and school district superintendent or charter administrator with formal training in areas directly related to the deficiencies in meeting strategic performance plan goals.

(13) If the state department of education finds that a school district or public charter school has not demonstrated progress in achieving a majority of the goals identified in its strategic performance plan after three (3) consecutive annual reviews of progress reports, the superintendent of public instruction shall:

(a) Support the local governing board and school district superintendent or charter administrator as required in subsection (11)(a) and (b) of this section; and

(b) Direct the state department of education to conduct a comprehensive review of school district and public charter school operations, including a review of instructional calendars. The state department of education shall have final approval of instructional calendars for the next school year.

(14) Regarding a public charter school’s performance, the superintendent of public instruction shall consult with the charter school’s authorizer in addition to the local governing board.

(15) Upon request, the superintendent of public instruction shall present an annual report to the house of representatives and senate education committees regarding school districts and public charter schools with high performance based on the respective strategic performance plans adopted pursuant to this section.

(16) The strategic performance plan provided for in this section shall be made available to the public and posted on the school district or public charter school website.

(17) Of the moneys appropriated in the public school educational support program, up to six thousand six hundred dollars ($6,600) shall be distributed to each school district and public charter school to be expended for school board and leadership development training. Funds utilized for administrator mentorships shall be capped at twenty-five percent (25%) of such distribution. Funds shall be distributed on a reimbursement basis based on a process prescribed by the superintendent of public instruction. To qualify for reimbursement, training shall cover strategic performance planning, finance, ethics, governance, superintendent evaluations, and public charter administrator evaluations.

(18) A public charter school may use its performance certificate criteria and framework toward fulfilling the requirements provided in subsection (1) of this section.

(19) The state department of education is authorized to withhold a portion of funds for any school district or public charter school that does not submit its strategic performance plan by the date required in this section. The amount of withheld funds shall be proportional to the administrative burden and state resources expended due to the noncompliance. The withheld funds shall be returned to the school district or public charter school upon the submission of the outstanding strategic performance plan.

(20) Any reporting requirements for school districts and public charter schools as of July 1, 2026, that are not federally mandated, necessary for public school finance purposes, or related to the professional standards commission shall be eliminated.

[33-320, added 2026, ch. 177, sec. 2, p. 816.]

§ 33-351 Subdistricts — Authority to establish — Election

The board of trustees of any school district which operates two (2) or more high schools may at any time, on its own motion or upon the filing with the board of trustees of a petition so requesting signed by not less than fifty (50) school electors, call an election to submit to the qualified electors of the school district the question of the creation of one (1) or more school subdistricts. Such election shall be called, the election shall be held subject to the provisions of section 34-106, Idaho Code, and shall be conducted pursuant to the provisions of chapter 14, title 34, Idaho Code. The proceedings calling such election shall set forth the boundaries of each proposed school subdistrict and shall provide for the submission of the question of the creation of each such school subdistrict to the qualified electors of the school district and to the qualified electors residing within the proposed boundaries of each such school subdistrict. No proposition for the creation of a school subdistrict shall be determined to have carried unless such proposition shall receive a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the school district and a majority of the votes cast on such proposition by the qualified electors residing within the boundaries of the proposed school subdistrict. Whenever the creation of more than one (1) school subdistrict is submitted at the same election, separate ballots and separate propositions shall be used in voting on the question of creating each school subdistrict.

[33-351, added 1986, ch. 61, sec. 1, p. 177; am. 2009, ch. 341, sec. 29, p. 1013.]

§ 33-352 Establishment

Whenever a proposition for the creation of a school subdistrict shall have been approved in the manner set forth in section 33-351, Idaho Code, the board of trustees of the school district shall enter in its minutes an order providing for the establishment and creation of the school subdistrict setting forth therein the legal description of the boundaries thereof and shall designate therein a name for such school subdistrict. Within ten (10) days after the entry of the order creating such school subdistrict, the board of trustees shall certify the fact of the creation of such school subdistrict to the state board of education and to the board of county commissioners of each county in which any part of the school subdistrict is located, by the filing of a certified copy of the order of the board of trustees creating and establishing the school subdistrict.

[33-352, added 1986, ch. 61, sec. 1, p. 177.]

§ 33-353 Nature and powers

Each school subdistrict created and established as provided in this act shall be a political subdivision of the state of Idaho. The board of trustees entering the order creating and establishing such school subdistrict shall be the governing body of all school subdistricts created by it, and shall possess the power to order, conduct and hold all elections in such school subdistricts for the purpose of incurring debt and issuing bonds and for the purpose of voting school plant facilities reserve fund levies.

[33-353, added 1986, ch. 61, sec. 1, p. 178.]

§ 33-354 Indebtedness — Bond issues

School subdistricts may incur debt and issue bonds for the same purposes as set forth in section 33-1102, Idaho Code. The governing body of a school subdistrict may submit to the qualified electors of the school subdistrict the question of whether the governing body of the school subdistrict shall be empowered to issue negotiable bonds of the school subdistrict in an amount and for a period of time to be named in the notice of election. Notice of the bond election shall be given, the election shall be conducted and the returns thereof canvassed and the qualifications of electors voting or offering to vote shall be as provided in title 34, Idaho Code. The question of the issuance of such bonds shall be approved only if the percentage of votes cast at such election were cast in favor thereof as that which is now, or may hereafter be, set by the constitution of the state of Idaho. All such bonds shall be authorized, issued and sold pursuant to the provisions of sections 33-1107 through 33-1121, Idaho Code. No bonds of a school subdistrict may be issued, however, if the issuance of such bonds would cause the percentage of market value for assessment purposes of taxable property within the boundaries of the school subdistrict represented by the aggregate outstanding indebtedness of the school subdistrict, when added to the percentage of the assessed valuation of taxable property represented by the aggregate outstanding indebtedness of the school district within which the school subdistrict lies, to exceed five percent (5%). As used in the preceding sentence hereof, "market value for assessment purposes," "aggregate outstanding indebtedness" and "issuance" shall have the same meanings as set forth in section 33-1103, Idaho Code. Upon the approval of the issuance of such bonds, the same may be issued by the governing body of the school subdistrict on behalf of the school subdistrict at any time within two (2) years from the date of such election. Wherever in title 34, Idaho Code, and in sections 33-1107 through 33-1121, Idaho Code, reference is made to "school district"; for purposes of this chapter it shall be deemed to refer to school subdistricts.

[33-354, added 1986, ch. 61, sec. 1, p. 178; am. 2009, ch. 341, sec. 30, p. 1013; am. 2013, ch. 183, sec. 12, p. 440; am. 2014, ch. 260, sec. 1, p. 652.]

§ 33-355 Levy for plant facilities reserve fund — Election

The governing body of a school subdistrict may call an election in the school subdistrict, pursuant to the provisions of section 33-804, Idaho Code, for the purpose of submitting to the qualified school electors of the school subdistrict the question of a levy by a school subdistrict of a school plant facilities reserve fund tax.

[33-355, added 1986, ch. 61, sec. 1, p. 179.]

§ 33-356 School building design and energy efficiency

(1) For purposes of this section, the following terms shall have the following meanings:

(a) "Fundamental commissioning" means the use of a third party to review building design and building system specifications and to specify and monitor preoccupancy system testing to ensure functional integration of specified systems and functional operation of systems at the completion of a project.

(b) "Integrated design" means a process to develop consensus among the project team and owner as to the energy savings and building performance goals of the project and to identify design strategies to achieve those goals, including documentation strategies for design decisions to ensure accurate implementation of design through construction.

(2) It shall be the duty and responsibility of the administrator of the division of occupational and professional licenses to provide assistance to school districts to ensure school districts can access the technical and educational support needed to implement the processes of integrated design and fundamental commissioning. It shall further be the duty and responsibility of the administrator of the division of occupational and professional licenses to compile and cause to be made available to school districts a list of all third-party building commissioning agents in Idaho and contiguous states. The administrator shall ensure that all commissioning agents that appear on such list are certified by the building commissioning association or other similar certifying entity. The administrator shall ensure that such list is updated annually.

(3) The administrator of the division of occupational and professional licenses is hereby authorized and directed to promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, that provide the guidance, education and technical information necessary for school districts to implement the processes of integrated design and fundamental commissioning. The administrator is authorized to expand upon the terms defined in subsection (1) of this section, and to provide additional definitions as needed. In addition, the administrator shall promulgate rules governing annual optimization review and evaluation of germane building systems to ensure optimal performance of such systems and maximum energy savings and building performance. Such rules shall include, but not be limited to, a definition for the minimum scope of work required for annual optimization.

[33-356, added 2009, ch. 169, sec. 2, p. 512; am. 2023, ch. 15, sec. 1, p. 65; am. 2024, ch. 237, sec. 32, p. 846.]

§ 33-357 Creation of internet-based expenditure website

(1) As used in this section, unless otherwise required:

(a) "Education provider" means:

(i) A school district, including a specially chartered district organized and existing pursuant to law;

(ii) A cooperative services agency or intermediate school district;

(iii) A public charter school authorized pursuant to state law; or

(iv) A publicly funded governmental entity established by the state for the express purpose of providing online courses.

(b) "Entity" means a corporation, association, union, limited liability company, limited liability partnership, grantee, contractor, local government, or other legal entity, including a nonprofit corporation or an employee of the education provider.

(c) "Internet-based website" means a website developed and maintained by the state controller pursuant to section 67-1075, Idaho Code.

(d) "ISEE" means the Idaho system for educational excellence or a successor system.

(e) "Public record" shall have the same meaning as set forth in chapter 1, title 74, Idaho Code.

(2)(a) Each education provider shall, as part of its ISEE data submissions, submit the education provider’s expenditures and revenues accompanying general ledger codes consistent with the Idaho financial accounting reporting management system or a successor system to the state board of education on a schedule determined by the board. Within ten (10) business days of receiving such submission, the state board of education must transmit the full submission to the office of the state controller, which must then correlate the education provider’s data to the uniform accounting system created pursuant to section 67-1075, Idaho Code, for posting on the state controller’s website.

(b) The internet-based website shall include the following data concerning all expenditures made by the education provider:

(i) The name and location or address of the entity receiving moneys;

(ii) The amount of expended moneys;

(iii) The date of the expenditure; and

(iv) To the extent possible, a unique identifier for each expenditure.

(d) The internet-based website shall contain only information that is a public record or that is not confidential or otherwise exempt from public disclosure pursuant to state or federal law.

(3)(a) The state controller must:

(i) Update the expenditures contained on the internet-based website upon receiving a new transmission from the state board of education; and

(ii) Archive all expenditures, which shall remain accessible and on the internet-based website for a number of years, consistent with state law regarding keeping and retention of records.

(b) The education provider shall:

(i) Link to the internet-based website from the main page of the education provider’s website; and

(ii) Post the following on the education provider’s website:

Supporting contracts and performance reports upon which the expenditure is related when these documents already exist;
The annual budget approved by the education provider’s governing board, to be posted within thirty (30) days after its approval; and
Any current master labor agreements approved by the education provider’s governing board.

(c) The internet-based website shall include records referenced in this section according to the schedule set forth pursuant to section 67-1075, Idaho Code, and all data prior to that date shall be available by way of a public records request.

[33-357, added 2010, ch. 263, sec. 2, p. 665; am. 2011, ch. 247, sec. 3, p. 669; am. 2013, ch. 94, sec. 1, p. 230; am. 2015, ch. 141, sec. 60, p. 422; am. 2021, ch. 89, sec. 13, p. 307.]

§ 33-358 Kindergarten jump-start program — parent training

(1) A school district that offers a kindergarten screener in the spring for children who will enter kindergarten in the fall may use existing funds to establish up to a four (4) week kindergarten jump-start program for children whose score on the screener indicates that they are not ready for kindergarten.

(2) A school district offering a kindergarten jump-start program pursuant to this section must also offer a training program for parents on actions and activities that parents can do that are associated with student success. For a child to be eligible for the kindergarten jump-start program, the child’s parent must attend the training described in this subsection.

[33-358, added 2021, ch. 326, sec. 1, p. 1000.]

Chapter 4 School Elections

§ 33-401 Legislative intent

The legislature finds that a comprehensive and integrated statutory scheme for the conduct of school elections is critical to the public’s understanding of and confidence in the public school election system. It is therefore the intent of the legislature that the provisions of title 18, Idaho Code, and the provisions of title 34, Idaho Code, shall be fully applicable and shall govern all school elections. All school elections shall be administered by the clerk of the county wherein the district lies. Elections in a joint school district shall be conducted jointly by the clerks of the respective counties, and the clerk of the home county shall exercise such powers as are necessary to coordinate the election.

[33-401, added 1982, ch. 60, sec. 1, p. 108; am. 2009, ch. 341, sec. 31, p. 1014.]

§ 33-402 Notice requirements

(1) Notice of annual meeting of elementary school districts as provided for in section 33-510, Idaho Code, and of intent to discontinue a school, as provided for in section 33-511, Idaho Code, and annual budget hearing as provided for in section 33-801, Idaho Code, shall be given by posting for not less than ten (10) days, and publishing once in a newspaper as provided in section 60-106, Idaho Code, published within the district, or, if there be none, then in a newspaper as provided in section 60-106, Idaho Code, published in the county in which such district lies. If more than one (1) newspaper is printed and published in said district or county, then in the newspaper most likely to give best general notice of the election within said district; provided that if no newspaper is published in the said district or county, then in a newspaper as provided in section 60-106, Idaho Code, most likely to give best general notice of the election within the district. If a financial emergency has been declared pursuant to section 33-522, Idaho Code, the notice of annual meeting and the notice of the annual budget hearing shall be posted pursuant to subsection (2) of this section, for not less than five (5) days, and by such further notice as shall provide reasonable notice to the patrons of the school district if publication in a newspaper is not feasible.

(2) Notices calling for bids for the acquisition, use, or disposal of real and personal property as provided for in section 33-601, Idaho Code, and contracting for transportation services as provided for in section 33-1510, Idaho Code, shall be given in a newspaper of general circulation as required by chapter 1, title 60, Idaho Code, except that the notice for contracting for transportation services shall be made not less than four (4) weeks before the date of opening bids.

(3) Proof of posting notice shall be upon the affidavit of the person posting the same; and proof of publication shall be upon the affidavit of the publisher of the newspaper or newspapers respectively. Such affidavits shall be filed with the board by the clerk responsible for the posting and the publishing of said notice.

[(33-402) 1963, ch. 13, sec. 45, p. 27; am. 1972, ch. 93, sec. 1, p. 203; am. 1978, ch. 65, sec. 1, p. 131; am. 1979, ch. 130, sec. 1, p. 401; am. and redesignated 1982, ch. 60, sec. 2, p. 108; am. 1985, ch. 235, sec. 1, p. 558; am. 1992, ch. 187, sec. 1, p. 581; am. 1997, ch. 40, sec. 1, p. 75; am. 2005, ch. 213, sec. 4, p. 638; am. 2007, ch. 166, sec. 1, p. 494; am. 2009, ch. 171, sec. 1, p. 541; am. 2009, ch. 341, sec. 32, p. 1014; am. 2011, ch. 151, sec. 15, p. 426.]

§ 33-404 Places elections to be held

In elections involving excision and annexation of territory, or the consolidation of school districts, or the division of a school district, each notice of election shall designate that polling places shall be established, as follows:

In an election involving excision and annexation of territory, polling places shall be established pursuant to section 34-302, Idaho Code, in the district to which the territory or area is to be annexed; in the territory or area to be annexed; and in the remainder of the school district from which the territory or area is to be excised.

In an election involving consolidation of school districts, polling places shall be established pursuant to section 34-302, Idaho Code.

In an election involving the division of a school district, polling places shall be established pursuant to section 34-302, Idaho Code.

In any school election held within a joint school district, polling places shall be designated and established pursuant to section 34-302, Idaho Code, within such district, in each county.

[(33-404) 1963, ch. 13, sec. 47, p. 27; am. and redesignated 1982, ch. 60, sec. 7, p. 112; am. 1983, ch. 37, sec. 1, p. 88; am. 2009, ch. 341, sec. 34, p. 1016.]

§ 33-405 Qualifications of school electors

Any person voting, or offering to vote, in any school election must be, at the time of the election eighteen (18) years of age and a United States citizen who has resided in this state and in the school district at least thirty (30) days next preceding the election in which the elector desires to vote. In the case of election of trustees, the elector must be a resident of the same trustee zone as the candidate or candidates for school district trustees for whom the elector offers to vote for at least thirty (30) days next preceding the election in which the elector desires to vote.

Registration requirements set forth in chapter 4, title 34, Idaho Code, shall be applicable to school elections. The elector may be required to furnish to the election official proof of residence, which proof shall be established by either an Idaho motor vehicle driver’s license or any other document definitely establishing the elector’s residence within the school district or trustee zone.

[(33-405) 1963, ch. 13, sec. 48, p. 27; am. 1969, ch. 177, sec. 1, p. 533; am. 1970, ch. 37, sec. 1, p. 81; am. 1970, ch. 136, sec. 1, p. 331; am. 1971, ch. 25, sec. 3, p. 61; am. and redesignated 1982, ch. 60, sec. 8, p. 112; am. 1985, ch. 257, sec. 1, p. 711; am. 1987, ch. 256, sec. 1, p. 519; am. 1989, ch. 88, sec. 67, p. 208; am. 2009, ch. 341, sec. 35, p. 1016.]

Chapter 5 District Trustees

§ 33-501 Board of trustees

(1) Each school district shall be governed by a board of trustees. The board of trustees of each elementary school district shall consist of three (3) members, and the board of trustees of each other school district shall consist of five (5) members. Provided, however, that the board of trustees of any district that has had a change in its district boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) nor more than nine (9) members if such provisions are included as part of an approved proposal to redefine and change trustee zones as provided in section 33-313, Idaho Code. The board of trustees of any district that has had a change in its district boundaries because of district consolidation on and after January 1, 2008, shall consist of five (5) members if two (2) districts consolidated or seven (7) members if three (3) or more districts consolidated. Commencing in 2018, a school district trustee shall be elected for a term of four (4) years beginning at noon on January 1 next succeeding his election.

(2) Each trustee shall at the time of his nomination and election, or appointment, be a school district elector of his district and a resident of the trustee zone from which nominated or appointed. In the event that a vacancy shall be declared as provided in section 33-504, Idaho Code, and the board of trustees is unable to appoint a trustee from the zone vacated after ninety (90) days, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. When a person is duly elected to a trustee zone and the person is found to no longer reside in the trustee zone due to a change in the trustee zone boundaries, that person shall be allowed to continue serving as a trustee for the remainder of that person’s term as long as the person resides at the address used at the time of the election.

(3) Each trustee shall qualify for and assume office on January 1 next following his election, or, if appointed, at the regular meeting of the board of trustees next following such appointment. At the first meeting after a trustee assumes office, an oath of office shall be administered to the trustee, whether elected, reelected or appointed. Said oath may be administered by the clerk, or by another trustee, of the district, and the record shall show such oath of office to have been taken and by whom administered and shall be filed with the official records of the district.

[33-501, added 1963, ch. 13, sec. 51, p. 27; am. 1973, ch. 125, sec. 2, p. 236; am. 1980, ch. 32, sec. 1, p. 56; am. 2008, ch. 351, sec. 2, p. 969; am. 2009, ch. 57, sec. 1, p. 160; am. 2009, ch. 341, sec. 37, p. 1017; am. 2018, ch. 164, sec. 1, p. 323; am. 2023, ch. 241, sec. 1, p. 740.]

§ 33-502 Declarations of candidacy for trustees

Any person legally qualified to hold the office of school trustee may file a declaration of candidacy for the office, each of which shall bear the name of the candidate, state the term for which declaration of candidacy is made, and bear the signature of not less than five (5) school district electors resident of the trustee zone of which the candidate is resident. The declaration shall be filed with the clerk of the board of trustees of the school district as provided in section 34–1404, Idaho Code.

[33-502, added 1963, ch. 13, sec. 52, p. 27; am. 1967, ch. 9, sec. 1, p. 14; am. 1992, ch. 187, sec. 3, p. 584; am. 2011, ch. 11, sec. 5, p. 28.]

§ 33-502B Board of trustees — One nomination — No election

In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 34-1407, Idaho Code, and has provided to the district’s board clerk the signatures of five (5) electors of the candidate’s specific zone, then no election shall be held for that position. The board of trustees or the school district clerk, with the written permission of the board, shall declare such candidate elected as a trustee. The school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election.

[33-502B, added 1990, ch. 332, sec. 1, p. 910; am. 1993, ch. 51, sec. 1, p. 133; am. 1994, ch. 160, sec. 1, p. 367; am. 2004, ch. 26, sec. 1, p. 43; am. 2009, ch. 341, sec. 39, p. 1017; am. 2016, ch. 261, sec. 1, p. 681.]

§ 33-503 Election of trustees — Uniform date

(1) The election of school district trustees including those in charter districts shall be on the Tuesday following the first Monday in November in odd-numbered years. Notice and conduct of the election, and the canvassing of the returns, shall be as provided in chapter 14, title 34, Idaho Code. In each trustee zone, the person receiving the greatest number of votes cast within his zone shall be declared by the board of trustees as the trustee elected from that person’s zone.

(2) If any two (2) or more persons residing in the same trustee zone have an equal number of votes and a greater number than any other nominee residing in that zone, then the board of trustees shall determine the winner by a toss of a coin.

(3) Incumbent trustees as of the effective date of this act shall have their terms expire on January 1 following the November election of their successors.

[33-503, added 1963, ch. 13, sec. 53, p. 27; am. 1973, ch. 97, sec. 1, p. 166; am. 1975, ch. 181, sec. 1, p. 497; am. 2009, ch. 341, sec. 40, p. 1017; am. 2015, ch. 248, sec. 1, p. 1044; am. 2018, ch. 164, sec. 2, p. 323; am. 2019, ch. 288, sec. 20, p. 843.]

§ 33-504 Vacancies on boards of trustees

(1)(a) A vacancy shall be declared by the board of trustees when any nominee has been elected but has failed to qualify for office, or within thirty (30) days of when any trustee:

(i) Dies;

(ii) Resigns as trustee;

(iii) Removes himself from his trustee zone of residence;

(iv) Is no longer a resident or school district elector of the district;

(v) Refuses to serve as trustee; or

(vi) Without excuse acceptable to the board of trustees, fails to attend four (4) consecutive regular meetings of the board.

(b) A vacancy shall exist when any trustee is recalled and discharged from office in accordance with section 34-1712, Idaho Code. Such vacancy shall occur at the time of certification of the special recall election and does not require the board of trustees to declare that a vacancy exists. Notwithstanding sections 34-1709 and 34-1712, Idaho Code, between the time of the special recall election and when the results of the special recall election are proclaimed, the trustee subject to the special recall election shall not be permitted to participate in any actions that would alter the structure of the board of trustees or create new contractual or financial obligations for the school district.

(2) With the exception of recall, any declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the conditions provided in subsection (1)(a) of this section are determined to exist.

(3) The board of trustees shall appoint to such vacancy a person qualified to serve as trustee of the school district provided there remains in membership on the board of trustees a majority of the membership thereof, and the board shall notify the state superintendent of public instruction of the appointment. Such appointment shall be made within ninety (90) days of the declaration of vacancy. After ninety (90) days, if the board of trustees is unable to appoint a trustee from the zone vacated, the board of trustees may appoint a person at large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. Otherwise, after one hundred twenty (120) days from the declaration of vacancy, appointments shall be made by the board of county commissioners of the county in which the district is situated, or of the home county if the district be a joint district.

(4) Any person appointed as provided in subsection (3) of this section shall serve for the balance of the unexpired term of the office that was declared vacant and filled by appointment.

[33-504, added 1963, ch. 13, sec. 54, p. 27; am. 1975, ch. 181, sec. 2, p. 497; am. 1984, ch. 94, sec. 2, p. 219; am. 1986, ch. 348, sec. 20, p. 864; am. 1987, ch. 141, sec. 1, p. 282; am. 2009, ch. 57, sec. 2, p. 161; am. 2009, ch. 341, sec. 42, p. 1018; am. 2024, ch. 219, sec. 1, p. 773.]

§ 33-505 Board of trustees, district newly created

(1) Within ten (10) days after the entry of any order creating a new school district by the consolidation of districts or parts thereof, the trustees of all school districts involved in the consolidation shall meet at the call of the state superintendent of public instruction or his designee and, from their number, shall select a board of trustees of the new district representing each of the merged districts in an equal number to serve as follows: if two (2) districts consolidated, one (1) member representing the board of trustees of each district shall serve until the annual election of trustees next following; one (1) member representing the board of trustees of each district shall serve until the annual election the following year; and one (1) member appointed by the other four (4) members shall serve until the annual election in the year after that. If three (3) or more districts consolidated, three (3) members shall serve until the annual election of trustees next following; three (3) members shall serve until the annual election the following year; and one (1) member appointed by the other six (6) members shall serve until the annual election in the year after that. If the number of merged districts is greater than three (3), the superintendent of public instruction shall appoint as equally as possible from trustees of the previous districts so that each district, if possible, has representation on the consolidated district’s board of trustees. The superintendent shall stagger the terms of his appointments so that an equal number of appointees’ terms expire annually and those trustees shall sit for election. Thereafter, all trustees who are elected shall serve terms as provided in section 33-501, Idaho Code, for a board of trustees of a school district. The board of trustees shall report the names of said trustees to the state board of education. The board of trustees of the newly consolidated school district shall expeditiously redraw the trustee zones pursuant to section 33-313, Idaho Code.

(2) The state board of education, at its first meeting next following receipt of notice of the creation of new school districts by the division of a district, shall appoint a board of trustees for each such new district, to serve until January 1 following the next election for school district trustees.

(3) Boards of trustees selected or appointed as in this section provided shall forthwith meet and organize as provided in section 33-506, Idaho Code, and thereupon the board of trustees of any district, the whole of which has been incorporated within the new district, or which was divided as the case may be, shall be dissolved and its powers and duties shall cease. Prior to the notice of annual election of trustees next following, the board of trustees of each school district created by consolidation or by division of districts shall determine by lot or by agreement from which of the trustee zones the trustees therefor shall be elected. Thereafter each trustee shall be elected for a term of four (4) years.

[33-505, added 1963, ch. 13, sec. 55, p. 27; am. 2008, ch. 351, sec. 3, p. 970; am. 2009, ch. 341, sec. 43, p. 1019; am. 2018, ch. 164, sec. 3, p. 324.]

§ 33-506 Organization and government of board of trustees

(1) Each board of school district trustees shall organize at its first regular meeting in January and elect a chairman, a vice chairman, a clerk and a treasurer. The clerk and the treasurer may be members of the board of trustees; or, in the discretion of the board, either or both may be selected from among competent and responsible persons outside the membership of the board. The board in its discretion may allow compensation for the clerk, and for the treasurer, if other than the county treasurer.

(2) Each member of the board not otherwise compensated by public moneys shall be compensated for actual expenses incurred for travel to, from, and attending meetings of the board. Such compensation shall be paid from the district school funds.

(3) It shall be the duty of each member of the board of trustees to attend all meetings, both regular and special; and the board shall have the following powers and duties:

(a) To make bylaws, rules and regulations for its government and that of the district, consistent with the laws of the state of Idaho and the rules and regulations of the state board of education;

(b) To call special meetings or elections for such purpose as may be necessary for the proper conduct and management of the school or schools of the district;

(c) To employ an attorney or attorneys when deemed for the best interests of the district, or for the purpose of defending the district against any suit or for bringing action deemed necessary to be commenced by the board.

[33-506, added 1963, ch. 13, sec. 56, p. 27; am. 1975, ch. 82, sec. 1, p. 167; am. 1978, ch. 103, sec. 1, p. 210; am. 1988, ch. 77, sec. 1, p. 132; am. 2018, ch. 164, sec. 4, p. 325; am. 2019, ch. 38, sec. 1, p. 106.]

§ 33-507 Limitation upon authority of trustees

(1) It shall be unlawful for any trustee to have pecuniary interest, directly or indirectly, in any contract or other transaction pertaining to the maintenance or conduct of the school district or to accept any reward or compensation for services rendered as a trustee except as may be otherwise provided in this section. The board of trustees of a school district may accept and award contracts involving the school district to businesses in which a trustee or a person related to him by blood or marriage within the second degree has a direct or indirect interest provided that the procedures set forth in section 18-1361 or 18-1361A, Idaho Code, are followed. The receiving, soliciting, or acceptance of moneys of a school district for deposit in any bank or trust company, or the lending of money by any bank or trust company to any school district, shall not be deemed to be a contract pertaining to the maintenance or conduct of a school district within the meaning of this section; nor shall the payment by any school district board of trustees of compensation to any bank or trust company, for services rendered in the transaction of any banking business with such district board of trustees, be deemed the payment of any reward or compensation to any officer or director of any such bank or trust company within the meaning of this section.

(2) It shall be unlawful for the board of trustees of any class of school district to enter into or execute any contract with the spouse of any member of such board, the terms of which said contract requires or will require the payment or delivery of any school district funds, money, or property to such spouse, except as provided in subsection (3) of this section or in section 18-1361 or 18-1361A, Idaho Code.

(3) No spouse of any trustee may be employed by a school district with a fall student enrollment population of greater than one thousand two hundred (1,200) in the prior school year. For school districts and public charter schools with a fall student enrollment population of one thousand two hundred (1,200) or less in the prior school year and for schools funded pursuant to the provisions of section 33-1003(2), Idaho Code, such spouse may be employed in a nonadministrative position for a school year if each of the following conditions has been met:

(a) The position has been listed as open for application on the school district website or in a local newspaper, whichever is consistent with the district’s current practice, and the position shall be listed for at least sixty (60) days, unless the opening occurred during the school year, in which case the position shall be so listed for at least fifteen (15) days. If the position is listed in a newspaper, the listing shall be made in a manner consistent with the provisions of section 60-106, Idaho Code;

(b) No applications were received that met the minimum certification, endorsement, education or experience requirements of the position other than such spouse; and

(c) The trustee abstained from voting in the employment of the spouse and was absent from the meeting while such employment was being considered and determined.

The school district or school may employ such spouse for further school years, provided that the conditions contained in this subsection are met for each school year in which such spouse is employed.

(4) Until June 30, 2030, for school districts with a fall student enrollment of four hundred (400) or less, a spouse may be employed if selected through a school district’s approved hiring process as long as the trustee abstains from being involved in any part of the hiring, employment, or compensation processes and as long as the spouse is employed in a nonadministrative position.

(5) The trustee shall abstain from voting in any decisions affecting the compensation, benefits, individual performance evaluation or disciplinary action related to the spouse and shall be absent from the meeting while such issues are being considered and determined. Such limitation shall include, but not be limited to: any matters relating to negotiations regarding compensation and benefits; discussion and negotiation with district benefits providers; and any matter relating to the spouse and letters of reprimand, direction, probation or termination. Such limitations shall not prohibit the trustee spouse from participating in deliberation and voting upon the district’s annual fiscal budget or annual audit report.

(6) Any spouse of a trustee employed as a certificated employee pursuant to this section, except spouses employed pursuant to subsection (4) of this section prior to June 30, 2030, shall be employed under a category 1 contract pursuant to section 33-514A, Idaho Code. Any spouse employed in a noncertificated position pursuant to this section shall be employed as an at-will employee with no contract status and no rights to continue employment.

(7) When any relative of any trustee or relative of the spouse of a trustee related by affinity or consanguinity within the second degree is considered for employment in a school district, such trustee shall abstain from voting in the election of such relative and shall be absent from the meeting while such employment is being considered and determined.

[33-507, added 1963, ch. 13, sec. 57, p. 27; am. 1977, ch. 23, sec. 1, p. 45; am. 1994, ch. 300, sec. 1, p. 947; am. 1996, ch. 193, sec. 3, p. 603; am. 2014, ch. 252, sec. 1, p. 634; am. 2025, ch. 150, sec. 1, p. 733.]

§ 33-508 Duties of clerk

The clerk of the board of trustees shall have such duties as shall be prescribed by the board. He shall attend all meetings of the board of trustees, shall keep the record of the proceedings, and shall enter in said record all matters required by law, or by the board, so to be entered; and said record shall be open to inspection by any person, at all reasonable times.

When the clerk does not attend a meeting of the board of trustees, the board shall appoint some person who, as temporary clerk, shall keep the record of the proceedings of the board and certify the same to the clerk, to be entered by him.

Whenever in the judgment of the board of trustees it is deemed prudent so to do, the clerk may be placed under a fidelity bond, in the manner of section 33-509, in such amount as the board of trustees shall determine.

[33-508, added 1963, ch. 13, sec. 58, p. 27.]

§ 33-509 Duties of the treasurer

The treasurer elected by the board of trustees of a school district shall have such duties as the board may prescribe. The treasurer shall be placed under fidelity bond issued by a surety company authorized to do business in the state of Idaho, in such amount as the board of trustees may from time to time determine, or under personal bond equal to twice such determined amount with at least two (2) sureties who each shall qualify as in the case of sureties on the bonds of county officers.

The county treasurer of the home county of any elementary school district with less than six (6) teachers within the district shall serve as treasurer of such district, if requested to do so by the school district board of trustees.

The treasurer shall account for the deposit of all moneys of the district in accordance with the provisions of the public depository law, chapter 1, title 57, Idaho Code.

[33-509, added 1963, ch. 13, sec. 59, p. 27; am. 1978, ch. 103, sec. 2, p. 211; am. 1988, ch. 70, sec. 1, p. 101; am. 1988, ch. 77, sec. 2, p. 132.]

§ 33-509A Assistant treasurers

A board of trustees of a school district may elect one (1) or more assistant treasurers who shall have such duties as the board of trustees may prescribe. Assistant treasurers shall be subject to the control, supervision and direction of the treasurer of the district. An assistant treasurer may perform the statutory duties prescribed by law for the treasurer to the extent authorized by the board of trustees.

[33-509A, added 1990, ch. 198, sec. 1, p. 444.]

§ 33-510 Annual meetings — Regular meetings — Boards of trustees

(1) The annual meeting of each school district shall be on the date of its regular January meeting in each year. Notice of the annual meeting of elementary school districts shall be given as provided in section 33-402, Idaho Code, but one (1) publication shall suffice.

(2) Regular meetings of each board of school district trustees shall be held monthly, on a uniform day of a uniform week as determined at the annual meeting. Special meetings may be called by the chairman or by any two (2) members of the board and held at any time. If the time and place of special meetings shall not have been determined at a meeting of the board with all members being present, then notice of the time and place shall be given to each member and announced by written notice conspicuously posted at the school district office and at least two (2) or more public buildings within the school district no less than twenty-four (24) hours before such special meeting is to be convened.

(3) A quorum for the transaction of business of the board of trustees shall consist of a majority of the members of the board. In the event of one (1) or more vacancies on the board of trustees pursuant to section 33-504, Idaho Code, the transaction of business shall be permitted if a majority of the remaining members of the board are present. Unless otherwise provided by law, all questions shall be determined by a majority of the votes cast. The chairman of the board may vote in all cases.

(4) Each board of trustees shall:

(a) Adopt rules of order and procedure to govern its regular meetings;

(b) Conduct its regular meetings in accordance with the rules of order and procedure as adopted pursuant to paragraph (a) of this subsection; and

(c) Make the rules of order and procedure pursuant to paragraph (a) of this subsection available to the public at each regular meeting of the board of trustees and on the local school district’s and board of trustees’ website, if available.

(5) Each board of trustees shall provide the opportunity for members of the public residing in the school district to comment on school and education matters at regular meetings of the board of trustees. Each board of trustees shall hear public comment, if offered by a member of the public, prior to taking action on an agenda item. Nothing in this subsection restricts a board of trustees from establishing reasonable standards for the public comment period of the meeting, including time limits and conduct standards.

(6) Public comment related to subject matter that would authorize the board of trustees to enter an executive session pursuant to section 74-206(1), Idaho Code, shall not be permitted.

(7) Members of the public residing in the school district shall be permitted to request the addition of an item directly related to school district business to the agenda of a regular meeting of the board of trustees. The decision to add an item to the agenda of a regular board meeting shall be made pursuant to the rules of order and procedure as adopted pursuant to subsection (4)(a) of this section.

(8) All meetings shall conform to the provisions of chapter 2, title 74, Idaho Code.

[33-510, added 1963, ch. 13, sec. 60, p. 27; am. 1973, ch. 62, sec. 1, p. 102; am. 1976, ch. 66, sec. 1, p. 233; am. 1977, ch. 51, sec. 1, p. 101; am. 1977, ch. 52, sec. 1, p. 102; am. 1978, ch. 137, sec. 1, p. 312; am. 2011, ch. 151, sec. 16, p. 426; am. 2015, ch. 141, sec. 61, p. 423; am. 2018, ch. 164, sec. 5, p. 325; am. 2024, ch. 133, sec. 1, p. 531; am. 2024, ch. 219, sec. 2, p. 774; am. 2025, ch. 89, sec. 1, p. 405.]

§ 33-511 Maintenance of schools

The board of trustees of each school district shall have the following powers and duties:

(1) Each elementary school district shall maintain at least one (1) elementary school, and each other school district shall maintain at least one (1) elementary school and one (1) secondary school;

(2) To employ necessary help and labor to maintain and operate the schools of the district;

(3) To discontinue any school within the district whenever it shall find such discontinuance to be in the best interests of the district and of the pupils therein. For the purposes of this section, discontinuing a school shall mean no longer maintaining a school of any kind, at the same location, except in the case of secondary units as herein provided.

(a) When any school proposed to be discontinued is one which was operated and maintained by a former district now wholly incorporated within the boundaries of the district operated by said board of trustees, and, immediately following reorganization and the dissolution of said former district, such school has been continuously operated and maintained at the same location by the presently organized district, the following procedures shall apply before discontinuing a school:

(i) The board of trustees must first give notice of such proposal not later than the first day of June next preceding the date of the proposed discontinuance. Such notice shall be posted, and published once, in the manner provided in section 33-402, Idaho Code, and shall identify the school proposed to be discontinued.

(ii) If, not later than the first day of July following the posting and publishing of the notice of discontinuance, five (5) or more qualified school district electors residing within the school district shall petition the board of trustees for an election to be held within the school district on the question of discontinuance of that school, the board of trustees shall immediately order an election to be held on the first available election date provided by section 34-106(7), Idaho Code, that is at least fifty (50) days following the date of said order and shall give notice of the election.

(iii) Notice of such election shall be posted at or near the main door of the school proposed to be discontinued and at or near the main door of the administrative offices of the school district and shall also be published in one (1) issue of a newspaper printed in the county in which is situate the school proposed to be discontinued. The notice shall state the date the election is to be held, the place of voting, and the hours between which the polls shall be open. In addition, the notice of election shall describe the area of the particular attendance unit of the school district and shall identify the school proposed to be discontinued; and it shall state that only qualified school district electors residing within the school district may vote on the question of discontinuing the school.

(iv) The election shall be held within the school district and there shall be submitted to the electors a ballot containing the proposal:

For discontinuing the school located at….,
Against discontinuing the school located at…..

(v) If a majority of the qualified electors, as defined in this section and voting in the election, shall vote against discontinuing that school, then said school shall not be discontinued; and no proposal to discontinue the same school shall be made by the board of trustees of the district within nine (9) months after the date of the election.

(vi) If a secondary unit which the trustees of a district propose to close is more than thirty (30) miles by all-weather road from the attendance unit to which it is proposed to transfer such students, then, notwithstanding other provisions of this section, five (5) electors residing within the attendance area of the unit proposed to be closed may, as provided by this section, petition the board of trustees requesting an election to determine whether or not such attendance unit, or any portion of it, shall be closed. The board shall immediately call and hold an election as herein provided. However, for the purpose of this section relating to the secondary attendance unit thirty (30) miles or more distant from another secondary attendance unit, only the patrons resident in this attendance area shall be eligible to vote, except for attendance units, or portions of them, created after January 1, 2002, in which case qualified school district electors throughout the school district shall be eligible to vote. The election shall be deemed passed and the unit shall not be closed if a majority of those voting in the election vote in favor of retaining the attendance unit.

(b) The provisions of paragraph (a) of this subsection shall not apply when:

(i) The administrator of the division of occupational and professional licenses has determined that the school constitutes an imminent public safety hazard and has issued an order or notice requiring the school district superintendent, principal, board member or other person in charge to cause all persons, except those necessary to eliminate the condition, to be withdrawn from and to be restrained from entering the school, pursuant to section 39-8008, Idaho Code; and

(ii) The school district board of trustees have voted at a public meeting to discontinue the school.

[33-511, added 1963, ch. 13, sec. 61, p. 27; am. 1967, ch. 366, sec. 1, p. 1057; am. 1973, ch. 5, sec. 1, p. 10; am. 2000, ch. 424, sec. 1, p. 1375; am. 2002, ch. 317, sec. 1, p. 898; am. 2011, ch. 125, sec. 1, p. 351; am. 2011, ch. 151, sec. 17, p. 427; am. 2021, ch. 325, sec. 1, p. 990; am. 2023, ch. 15, sec. 2, p. 67.]

§ 33-512 Governance of schools. [effective until January 1, 2028]

The board of trustees of each school district shall have the following powers and duties:

(1) To fix the days of the year and the hours of the day when schools shall be in session. However:

(a) Each school district shall annually adopt and implement a school calendar that provides its students at each grade level with the following minimum number of instructional hours:

| Grades | Hours | | --- | --- | | 9-12 | 990 | | 4-8 | 900 | | 1-3 | 810 | | K | 450 | | Alternative schools | | | (any grades) | 900 |

(b) School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours.

(c) When approved by a local school board, annual instructional hour requirements stated in paragraph (a) of this subsection may be reduced as follows:

(i) Up to a total of twenty-two (22) hours to accommodate staff development activities conducted on such days as the local school board deems appropriate.

(ii) Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures.

However, transportation to and from school, passing times between classes, recess and lunch periods shall not be included.

(d) Student and staff activities related to the opening and closing of the school year, grade reporting, program planning, staff meetings, and other classroom and building management activities shall not be counted as instructional time or in the reductions provided in paragraph (c)(i) of this subsection.

(e) For multiple shift programs, this rule applies to each shift (i.e., each student must have access to the minimum annual required hours of instruction).

(f) The instructional time requirement for grade 12 students may be reduced by action of a local school board for an amount of time not to exceed eleven (11) hours of instructional time.

(g) The state superintendent of public instruction may grant an exemption from the provisions of this section for an individual building within a district, when the closure of that building, for unforeseen circumstances, does not affect the attendance of other buildings within the district.

(h) The state board of education may grant a waiver of the minimum number of instructional hours for a school district when districtwide school closures are necessary as a result of natural occurrences creating unsafe conditions for students. A county or state disaster declaration must have been issued for one (1) or more of the counties in which the school district is located. A waiver request to the state board of education must describe the efforts by the school district to make up lost instructional hours, the range of grades impacted, and the number of hours the school district is requesting be waived.

(i) The reduction of instructional hours allowed in paragraphs (f) through (h) of this subsection may not be combined in a single school year.

(2) To adopt and carry on and to provide for the financing of a total educational program for the district. Such programs in other than elementary school districts may include education programs for out-of-school youth and adults, and such districts may provide classes in kindergarten;

(3) To provide, or require pupils to be provided with, suitable textbooks and supplies and, for advice on textbook selections, may appoint a curricular materials adoption committee as provided in section 33-512A, Idaho Code;

(4) To protect the morals and health of the pupils;

(5) To exclude from school children not of school age;

(6) To prescribe rules for the disciplining of unruly or insubordinate pupils, including rules on student harassment, intimidation and bullying, such rules to be included in a district discipline code adopted by the board of trustees and a summarized version thereof to be provided in writing at the beginning of each school year to the teachers and students in the district in a manner consistent with the student’s age, grade and level of academic achievement;

(7) To exclude from school pupils with contagious or infectious diseases who are diagnosed or suspected as having a contagious or infectious disease or those who are not immune and have been exposed to a contagious or infectious disease; and to close school if the board determines that conditions warrant such closure, based on consultation with the district health department of the public health district in which the school district is located;

(8) To equip and maintain a suitable library or libraries in the school or schools and to exclude therefrom, and from the schools, all books, tracts, papers, and catechisms of sectarian nature;

(9) To determine school holidays. Any listing of school holidays shall include not less than the following: New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day. Other days listed in section 73-108, Idaho Code, if the same shall fall on a school day, shall be observed with appropriate ceremonies; and any days the state board of education may designate, following the proclamation by the governor, shall be school holidays;

(10) To erect and maintain on each schoolhouse or school grounds a suitable flagstaff or flagpole and display thereon the flag of the United States of America on all days, except during inclement weather, when the school is in session; and for each Veterans Day, each school in session shall conduct and observe an appropriate program of at least one (1) class period remembering and honoring American veterans;

(11) To prohibit entrance to each schoolhouse or school grounds, to prohibit loitering in schoolhouses or on school grounds and to provide for the removal from each schoolhouse or school grounds of any individual or individuals who disrupt the educational processes or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils. A person who disrupts the educational process or whose presence is detrimental to the morals, health, safety, academic learning or discipline of the pupils, or who loiters in schoolhouses or on school grounds, is guilty of a misdemeanor;

(12) To supervise and regulate, including by contract with established entities, those extracurricular activities that are by definition outside of or in addition to the regular academic courses or curriculum of a public school, and which extracurricular activities shall not be considered to be a property, liberty or contract right of any student, and such extracurricular activities shall not be deemed a necessary element of a public school education but shall be considered to be a privilege. For the purposes of extracurricular activities, any secondary school located in this state that is accredited by an organization approved through a process defined by the state department of education shall be able to fully participate in all extracurricular activities described in and governed by the provisions of this subsection;

(13) To govern the school district in compliance with state law and rules of the state board of education;

(14) To submit to the superintendent of public instruction not later than July 1 of each year documentation that meets the reporting requirements of the federal gun-free schools act of 1994 as contained within the federal improving America’s schools act of 1994;

(15) To require that all certificated and noncertificated employees hired on or after July 1, 2008, and other individuals who are required by the provisions of section 33-130, Idaho Code, to undergo a criminal history check shall submit a completed ten (10) finger fingerprint card or scan to the department of education no later than five (5) days following the first day of employment or unsupervised contact with students in a K-12 setting, whichever is sooner. Such employees and other individuals shall pay the cost of the criminal history check. If the criminal history check shows that the employee has been convicted of a felony crime enumerated in section 33-1208, Idaho Code, it shall be grounds for immediate termination, dismissal or other personnel action of the district, except that it shall be the right of the school district to evaluate whether an individual convicted of one of these crimes and having been incarcerated for that crime shall be hired. Provided however, that any individual convicted of any felony offense listed in section 33-1208(2), Idaho Code, shall not be hired. For the purposes of criminal history checks, a substitute teacher is any individual who temporarily replaces a certificated classroom educator and is paid a substitute teacher wage for one (1) day or more during a school year. A substitute teacher who has undergone a criminal history check at the request of one (1) district in which he has been employed as a substitute shall not be required to undergo an additional criminal history check at the request of any other district in which he is employed as a substitute if the teacher has obtained a criminal history check within the previous five (5) years. If the district next employing the substitute still elects to require another criminal history check within the five (5) year period, that district shall pay the cost of the criminal history check or reimburse the substitute teacher for such cost. To remain on the statewide substitute teacher list maintained by the state department of education, the substitute teacher shall undergo a criminal history check every five (5) years;

(16) To develop and maintain a safe environment for students and employees by:

(a) Developing a system of background checks for all persons who have unsupervised contact with students in a kindergarten through grade 12 setting, which shall include but shall not be limited to a check of the Idaho sex offender central registry provided in chapter 83, title 18, Idaho Code;

(b) Requiring each school in the school district to create and maintain an emergency operations plan for each school that is approved by the board. The board shall ensure plans are developed in coordination with local school staff and local emergency response agencies and reviewed at least annually for updates and changes. Plans shall meet the guidelines adopted by the Idaho school safety and security advisory board; and

(c) Requiring all school district staff to receive initial and annual emergency operations training that provides instruction on how to conduct exercises in order to respond to emergencies according to the guidelines established by the Idaho school safety and security advisory board; and

(17) To provide support for teachers in their first two (2) years in the profession in the areas of: administrative and supervisory support, mentoring, peer assistance and professional development.

Governance of schools. [effective January 1, 2028]