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.

33-102. Membership — Appointment — Term of office — Qualifications — Place of office.

The state board of education shall consist of the state superintendent of public instruction, who shall be an ex officio voting member and who shall serve as executive secretary of the board for all elementary and secondary school matters, and seven (7) members appointed by the governor, each for a term of five (5) years. Annually on the first day of July the governor shall appoint members to fill the board positions for which the terms of office have expired. Upon the expiration date of the term of office, a member shall continue to serve until a successor shall have been appointed. The governor shall, by appointment, fill any vacancy on the board, such appointment to be for the unexpired term of the retiring member. Appointment to the board shall be made solely upon consideration of the ability of such appointees efficiently to serve the interests of the people, and education, without reference to locality, occupation, party affiliation or religion. Any person appointed to said board shall have been a resident of the state for not less than three (3) years prior to the date of appointment; and shall qualify and assume the duties in accordance with laws governing similar appointments to, and qualifications for, office on other state boards. Members shall act and assume full powers and duties upon appointment, but such appointments shall be subject to confirmation by the senate at its next regular session.

The state board shall have and maintain its office in Ada county.

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

There is hereby created as an executive agency of the state board of education the office of the state board of education. The state board of education is hereby authorized to appoint an executive officer of the state board who shall serve at the pleasure of the state board and shall receive such salary as fixed by the state board. The executive secretary may be appointed as the executive officer. The executive officer shall, under the direction of the state board, have such duties and powers as prescribed by the said board of regents and the state board of education, not otherwise assigned by law.

33-102B. Superintendent of Public Instruction — Appointment — Compensation

Duties and Powers. [Repealed.]

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.

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

The state board shall hold no less than four (4) regular meetings annually at such time and place as may be directed by the board. Special meetings may be called by the president at any time and place designated in such call.

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

At its first meeting after the first day of April, in each year, the state board shall organize and shall elect from its membership a president, a vice president and a secretary.

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:
   1. 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
   2. 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
   3. 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
   4. 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
   5. 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.

33-106. 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.

33-107. 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. 1. 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; (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;
   2. 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;
   3. 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;
   4. 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;
   5. 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:
   1. Enforce the school laws of the state,
   2. 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:
   1. 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,
   2. 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,
   3. 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.

33-107A. 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 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 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:
   1. The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;
   2. The relation of such rights and benefits to the amount of contributions to be made;
   3. 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
   4. 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:
   1. Eligible employees are:
      1. Those faculty and nonclassified staff initially appointed or hired between July 1, 1990, and June 30, 1993; and
      2. Those teaching staff and officers initially appointed or hired on or after July 1, 1993.
      3. 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.
   2. Vested members of the public employee retirement system of Idaho may make a one (1) time irrevocable election to remain a member of that retirement system. The election shall be made in writing, within sixty (60) days of the date of initial hire or appointment or the effective date of this act, whichever occurs later. It shall be filed with the administrative officer of the employing institution.
   3. 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. 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.
4. 1. 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 (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
   2. 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 pick-up pursuant to section 59-1332, Idaho Code.
   3. 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.
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.
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.

All eligible employees, except those who are vested members of the public employee retirement system of Idaho, shall participate in the optional retirement program.

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.
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:
   1. The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries;
   2. The relation of such rights and benefits to the amount of contributions to be made;
   3. 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
   4. 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:
   1. 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.
   2. 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.
   3. 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.
   4. 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. 1. 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. (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.
   2. 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.
   3. 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.
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.

33-107C. 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.

33-107D. 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:
   1. “Benefits” include without limitation:
      1. Recognition;
      2. Registration;
      3. The use of facilities at the state postsecondary educational institution for meetings or speaking purposes;
      4. The use of channels of communication of the state postsecondary educational institution; and
      5. Funding sources that are otherwise available to any other student group through the state postsecondary educational institution.
   2. “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.

33-108. 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.

33-109. 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.

33-110. 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.

33-111. 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.

33-112. 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.

33-113. 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.

33-114. 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.

33-115. 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.

33-116. 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.

33-117. 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.

33-118. 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.

33-119. 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.

33-120. 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.

33-120A. Idaho student information management system. [Repealed.]

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.

33-122. 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.

33-123. 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.

33-124. 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.

33-125. 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.

33-125A. 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.

33-125B. 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:
   1. An evidence-based program delivered by the service provider designed to enhance student academic achievement;
   2. Mutually agreed upon grade-level performance targets and efficacy standards;
   3. Identified source of moneys from which savings will be realized;
   4. An external evaluator who shall have expertise in all of the following areas:
      1. Education;
      2. Program evaluation and assessment;
      3. Collection and maintenance of program data;
      4. Demonstrated ability to link an individual student’s data from grade to grade; and
      5. Knowledge of the Idaho-specific academic performance scores used to demonstrate efficacy of the service provider’s program;
   5. The state’s payment obligations from the money appropriated to the public school support program, if the efficacy standards are met under the contract;
   6. Terms under which the state may terminate the contract;
   7. An annual audit to be performed by a certified public accountant; and
   8. A mutually agreed upon formula for the distribution of savings realized by the service provider program.
2. Investor moneys shall be adequate to cover all contract costs.
3. The third-party administrator shall:
   1. Manage all moneys pursuant to subsection (2) of this section;
   2. When appropriate, direct payments to be made under the terms of the contract;
   3. Ensure an annual audit is conducted under the terms of the contract;
   4. Issue financial reports as required by the contract; and
   5. 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:
   1. 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;
   2. School districts or public charter schools reporting the greatest number of students on free and reduced lunch; and
   3. School districts or public charter schools in different regions of the state. 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:
   1. 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:
      1. Whether there was an increase in the number of children proficient to meet grade-level performance targets at levels specified in the contract; and
      2. Calculate savings realized for intervention or remediation as specified in the contract;
   2. Annually report the service provider efficacy standards to the department; and
   3. 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:
   1. The chief financial officer of the state department of education;
   2. The subject matter expert at the state department of education;
   3. A representative from the state controller’s office;
   4. The house of representatives education committee chairman; and
   5. 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:
    1. “Cohort” means a group of individuals who enter the service provider’s program on the same date.
    2. “Department” means the state department of education.
    3. “External evaluator” means the entity that is responsible for determining the efficacy of a service provider’s program.
    4. “Investor” means an individual or entity that provides the capital for the services specified in a contract.
    5. “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.

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

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.

33-127. 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.

33-128. 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.

33-129. 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 (½) 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.

33-130. 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:
   1. Idaho bureau of criminal identification;
   2. Federal bureau of investigation (FBI) criminal history check; and
   3. Statewide sex offender register.
2. The state department of education shall charge all such individuals a fee necessary to cover the cost of undergoing a criminal history check pursuant to this section. The total fee shall be sufficient to cover the net costs charged by the federal bureau of investigation and the state police. A record of all background checks shall be maintained at the state department of education in a data bank for all employees of a school district with a copy going to the employing school district, when requested at the time of the application or within six (6) months following the performance of the criminal history check. A copy shall also be provided to the applicant upon request.
3. The state department of education shall maintain a statewide list of substitute teachers. The term “substitute teacher” shall have the meaning as provided in section 33-512(15), Idaho Code.
4. The Idaho state police and the department of education shall implement a joint exercise of powers agreement pursuant to sections 67-2328 through 67-2333, Idaho Code, necessary to implement the provisions of this section.

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

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

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:
   1. Regulating, administering or supervising the formal education of tribal members;
   2. Facilitating tribal control in all matters relating to the education of Indian children;
   3. 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
   4. 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.

33-132. Local school boards — Internet use policy required.

1. As a condition for receiving moneys from the state general fund, each local school district shall file an acceptable internet use policy with the state superintendent of public instruction no later than August 1, 2011, or within one (1) year after the creation of a new district, whichever is later, and every five (5) years thereafter. Such policy shall be approved by the district’s board of trustees and shall contain, but not be limited to, provisions that:
   1. 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
   2. Provide for the selection of technology for the local district’s computers to filter or block internet access to obscene materials, materials harmful to minors and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18, Idaho Code; and
   3. Establish appropriate disciplinary measures to be taken against persons violating the policy provided for in this section; and
   4. Include a component of internet safety for students that is integrated into the district’s instructional program; and
   5. Inform the public that administrative procedures have been adopted to enforce the policy provided for in this section and to handle complaints about such enforcement, and that such procedures are available for review at the district office.
2. The policy provided for in subsection (1) of this section may include terms, conditions and requirements deemed appropriate by the district’s board of trustees including, but not limited to, requiring written parental authorization for internet use by minors or differentiating acceptable uses among elementary, middle and high school students.
3. The district’s superintendent is hereby authorized to take reasonable measures to implement and enforce the provisions of this section.

33-133. Definitions — Student data — Use and limitations — Penalties.

1. As used in this act, the following terms shall have the following meanings:
   1. “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.
   2. “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.
   3. “Board” means the state board of education.
   4. “Data system” means the state’s elementary, secondary and postsecondary longitudinal data systems.
   5. “Department” means the state department of education.
   6. “District” or “school district” means an Idaho public school district and shall also include Idaho public charter schools.
   7. “Parent” means parent, parents, legal guardian or legal guardians.
   8. “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.
   9. “Provisional student data” means new student data proposed for inclusion in the data system.
   10. “Student data” means data collected and/or reported at the individual student level included in a student’s educational record.
       1. “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.
       2. 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.
   11. “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.
   12. “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.
   13. “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:
   1. 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:
      1. Any individual student data required to be reported by state and federal education mandates;
      2. 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
      3. Any individual student data collected or maintained with no current purpose or reason.
   2. 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:
      1. 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;
      2. 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;
      3. 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;
      4. Provide for notification to students and parents regarding their rights under federal and state law; and
      5. 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.
   3. 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:
      1. A student transfers out of state or a school or district seeks help with locating an out-of-state transfer;
      2. 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;
      3. 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;
      4. 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
      5. 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;
   4. Develop a detailed data security plan that includes:
      1. Guidelines for authorizing access to the student data system and to individual student data including guidelines for authentication of authorized access;
      2. 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;
      3. Privacy compliance standards;
      4. Privacy and security audits;
      5. Breach planning, notification and procedures; and
      6. Data retention and disposition policies;
   5. 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;
   6. 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
   7. Notify the governor and the legislature annually of the following:
      1. 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;
      2. Changes to existing data collections required for any reason, including changes to federal reporting requirements made by the U.S. department of education;
      3. 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;
      4. 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.

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.

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.

33-134. Assessment item review committee.

1. 1. 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: (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:
      1. Two (2) parents of public school or public charter school students, selected from each of the six (6) education regions in this state;
      2. One (1) public school or public charter school teacher, selected from each of the six (6) education regions in this state;
      3. 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
      4. 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.
   2. The state department of education shall provide staff support to the review committee.
   3. The term of office of each committee member appointed shall be four (4) years.
   4. 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 (½) of the committee members are appointed every two (2) years.
   5. No committee member may receive compensation or benefits for the member’s service on the committee.
   6. 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.

33-135. Teachers — classroom size — reporting.

1. Definitions. The following terms have the following meanings:
   1. “Teacher” means an individual holding a teaching certificate issued by the state department of education.
   2. “Classroom” means a place where groups of students meet for instruction in a particular subject, including students enrolled in virtual schools or charter schools.
   3. “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.
   4. “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.
   5. “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.
   6. “Total caseload” means the total number of students serviced by classroom instructors in a secondary school setting.
2. Reporting.
   1. The state department of education shall gather statistical information using a unified approach that will demonstrate:
      1. The total number of teachers actively employed within an Idaho school district listed by individual school building;
      2. The pupil-teacher ratio for every Idaho school district listed by individual school building;
      3. The number of elementary classroom teachers in every Idaho school building listed by grade and subject;
      4. The number of secondary classroom teachers in every Idaho school building listed by grade and subject;
      5. The class size in every Idaho elementary school building listed by teacher; and
      6. The class size, by each section and by total caseload, in every secondary school building listed by teacher.
   2. 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.
   3. 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.

33-136. 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. 1. 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. (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.
   2. 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.
   3. Approved materials may include programs that can be completed through self-review of suitable suicide prevention materials.
3. 1. 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. (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.
   2. 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. 1. 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. (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.
   2. The training required by the provisions of this section, or lack thereof, shall not be construed to impose any specific duty of care.
   3. Nothing in this subsection shall be construed to conflict with the provisions of section 33-512B, Idaho Code.

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:
   1. 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
   2. 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 (1) [(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.

33-201. 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.

33-202. 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.

33-204. 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.

33-205. Denial of school attendance.

The board of trustees may deny enrollment, or may deny attendance at any of its schools by expulsion, to any pupil who is an habitual truant, or who is incorrigible, or 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, or whose presence in a public school is detrimental to the health and safety of other pupils, or who has been expelled from another school district in this state or any other state. 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.

Provided however, the board shall expel from school for a period of not less than one (1) year, twelve (12) calendar months, or may deny enrollment to, a student who has been found to have carried a weapon or firearm on school property in this state or any other state, except that the board may modify the expulsion or denial of enrollment order on a case-by-case basis. 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. An authorized representative of the board shall report such student and incident to the appropriate law enforcement agency.

No pupil shall be expelled nor denied enrollment without the board of trustees having first given written notice to the parent or 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 guardian may appear to contest the action of the board to deny school attendance, and which notice shall also 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 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 guardian to prepare their response to the charge. Any pupil who is 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.

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 in length; 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 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. 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 must conform to the minimal requirements of due process.

33-206. Habitual truant defined.

1. An habitual truant is:
   1. 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
   2. 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.

33-207. 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.

33-208. 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.

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.

33-210. 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:
   1. “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.
   2. “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.
   3. “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.”

33-211. 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.

33-212. Educational opportunity for military children. [Repealed.]

Repealed by S.L. 2013, ch. 301, § 1, effective July 1, 2013. For comparable provisions, see§ 33-5701.

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.

33-302. 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.

33-303. Reclassification of school districts.

1. 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.
2. 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.
3. 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.

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.

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.

33-305. 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.

33-306. 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.

33-307. 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:
   1. Any part of the area of the state is not included within the area of a school district; or
   2. Is included in more than one (1) school district; or
   3. 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
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.

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.

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 (¼) 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:
   1. The names and addresses of the petitioners;
   2. 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;
   3. Maps showing the boundaries of the districts as they presently appear and as they would appear should the excision and annexation be approved;
   4. The names of the school districts from and to which the area is proposed to be excised and annexed;
   5. A description of reasons for which the petition is being submitted; and
   6. 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:
   1. The excision and annexation is in the best interests of the children residing in the area described in the petition; and
   2. 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.
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:
   1. 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:
   1. The proposal must be approved by a majority of electors voting in the election in both:
      1. The district from which the area is proposed to be excised; and
      2. The district to which the area is proposed to be annexed; and
   2. 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.

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.

33-309. Lapsed districts — Annexation.

1. If the state board of education shall find any school district:
   1. Has not operated its school for a period of one (1) school year;
   2. 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
   3. 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;
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.

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.

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.

33-310A. Consolidation of contiguous school districts.

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

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

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

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

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.

33-311. 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.

33-312. 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.

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.

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.

33-315. 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.

33-316. 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.

33-317. 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.

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:
   1. 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;
   2. 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
   3. 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.
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:
   1. Providing notice of the funding method and schedule;
   2. 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;
   3. Stating that the cooperative service agency accepts no liability and will pay no interest on unpaid balances;
   4. 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
   5. 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.

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:

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.

33-319. 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:
   1. There are fewer than twenty (20) enrolled students per square mile within the area encompassed by the school district’s boundaries; or
   2. 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.

33-320. Continuous improvement plans and training.

1. Each school district and public charter school in Idaho shall develop an annual plan that is part of a continuous focus on improving the student performance of the district or public charter school.
2. 1. The board of trustees and the superintendent shall collaborate on the plan and engage students, parents, educators and the community as appropriate. The board of directors and the administrator of a public charter school shall collaborate on the plan and engage students, parents, educators and the community as appropriate. (2)(a) The board of trustees and the superintendent shall collaborate on the plan and engage students, parents, educators and the community as appropriate. The board of directors and the administrator of a public charter school shall collaborate on the plan and engage students, parents, educators and the community as appropriate.
   2. The annual continuous improvement plan shall:
      1. Be data driven, specifically in student outcomes, and shall include, but not be limited to, analyses of demographic data, student achievement and growth data, graduation rates, and college and career readiness;
      2. Set clear and measurable targets based on student outcomes;
      3. Include a clearly developed and articulated vision and mission;
      4. Include key indicators for monitoring performance;
      5. Include, at a minimum, the student achievement and growth metrics reported on each school and district’s report card as required by the state board of education and published by the state department of education; and
      6. Include a report of progress toward the previous year’s improvement goals.
   3. The annual continuous improvement plan must be reviewed and updated annually no later than October 1 each year.
   4. The board of trustees or the board of directors shall continuously monitor progress toward the goals by utilizing relevant data to measure growth. The progress shall be included in evaluations of the district superintendent or administrator of a public charter school.
3. The plan must be made available to the public and shall be posted on the school district or charter school website.
4. Of the moneys appropriated in the public schools 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 training purposes for district superintendents and boards of trustees, public charter school administrators and boards of directors. Funds shall be distributed on a reimbursement basis based on a process prescribed by the superintendent of public instruction. Qualified training shall include training for continuous improvement processes and planning, strategic planning, finance, superintendent evaluations, public charter administrator evaluations, ethics and governance.
5. The state board of education shall be granted rulemaking authority to establish appropriate procedures, qualifications and guidelines for qualified training providers and shall prepare a list of qualified training providers within the state of Idaho.

33-321 — 33-350. [Reserved.]

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.

33-352. 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.

33-353. 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.

33-354. 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.

33-355. 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.

33-356. School building design and energy efficiency.

1. 1. School districts may seek to qualify for a reduction in building replacement value calculation for qualified, newly constructed public school buildings pursuant to section 33-1019(4), Idaho Code. (1)(a) School districts may seek to qualify for a reduction in building replacement value calculation for qualified, newly constructed public school buildings pursuant to section 33-1019(4), Idaho Code.
   2. Each school district that seeks to qualify a newly constructed building for the building replacement value calculation provided for in section 33-1019(4), Idaho Code, shall use integrated design practices and fundamental commissioning in the design and construction of such building.
   3. Following the first year of operations of a building that was certified in accordance with the provisions of subsection (5)(a) of this section, the germane school district shall perform or cause to be performed an annual optimization review of the qualifying building. Such annual optimization review shall be performed in a manner that is consistent with rules promulgated pursuant to this section. Such school district shall thereafter perform or cause to be performed an annual optimization review each year it seeks to qualify such building for the building replacement value calculation provided in section 33-1019(4), Idaho Code.
2. For purposes of this section, the following terms shall have the following meanings:
   1. “Fundamental commissioning” means the use of a third party to review building design, 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.
   2. “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.
3. It shall be the duty and responsibility of the administrator of the division of building safety 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 building safety 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.
4. The administrator of the division of building safety 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 (2) 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. (5)(a) The administrator of the division of building safety shall certify to the state department of education when a building has qualified for school building replacement value calculation exclusions as provided for in section 33-1019(4), Idaho Code. As part of such certification, the administrator shall state specifically the school building(s) and the square footage thereof that shall be excluded from the school building replacement value calculations.

(b) Following the first year of operations of a building that was certified in accordance with the provisions of subsection (5)(a) of this section, the administrator of the division of building safety shall certify to the state department of education when such building has undergone an annual optimization review as provided in subsection (1)(c) of this section. Such certification shall ensure that the qualifying building meets or exceeds the requirements of annual optimization review rules promulgated pursuant to subsection (4) of this section.

33-357. Creation of internet based expenditure website.

1. As used in this section, unless otherwise required:
   1. “Education provider” means:
      1. A school district, including a specially chartered district organized and existing pursuant to law;
      2. A cooperative services agency or intermediate school district;
      3. A public charter school authorized pursuant to state law;
      4. A publicly funded governmental entity established by the state for the express purpose of providing online courses.
   2. “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.
   3. “Public record” shall have the same meaning as set forth in chapter 1, title 74, Idaho Code.
2. 1. No later than December 1, 2011, each education provider shall develop and maintain a publicly available website where the education provider’s expenditures are posted in a nonsearchable PDF format, a searchable PDF format, a spreadsheet or in a database format. (2)(a) No later than December 1, 2011, each education provider shall develop and maintain a publicly available website where the education provider’s expenditures are posted in a nonsearchable PDF format, a searchable PDF format, a spreadsheet or in a database format.
   2. The internet based website shall include the following data concerning all expenditures made by the education provider:
      1. The name and location or address of the entity receiving moneys;
      2. The amount of expended moneys;
      3. The date of the expenditure;
      4. A description of the purpose of the expenditure, unless the expenditure is self-describing;
      5. Supporting contracts and performance reports upon which the expenditure is related when these documents already exist;
      6. To the extent possible, a unique identifier for each expenditure;
      7. The annual budget approved by the education provider’s governing board, to be posted within thirty (30) days after its approval; and
      8. Any current master labor agreements approved by the education provider’s governing board.
   3. The expenditure data shall be provided in an open structured data format that may be downloaded by the user.
   4. 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. The education provider shall:
   1. Update the expenditures contained on the internet based website at least monthly;
   2. 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;
   3. Make the internet based website easily accessible from the main page of the education provider’s website; and (d) The website shall include those records beginning on the effective date of this act on July 1, 2011, and all data prior to that date shall be available by way of a public records request.

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.

33-402. 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.

33-403. Conduct of elections. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 33, effective January 1, 2011.

33-403A. Assistance to voter. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 33, effective January 1, 2011.

33-403B. Spoiled ballots. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 33, effective January 1, 2011.

33-403C. Challengers

Watchers. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 33, effective January 1, 2011.

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.

33-405. 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.

33-405B. Challenge of voters. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-406. Absentee voting. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-406A. Challenging absentee elector’s vote. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-407. Return and canvass of elections. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-408. Election contests

Grounds of contest. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-409. Bond election and levy increases — Time for filing

Validation of elections and bonds. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-410. Misconduct of judges. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-411. Jurisdiction

Election contests. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-412. Who may contest an election. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-413. Complaint and security for costs. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-414. Complaint

Specific allegations. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-415. Issuance of summons. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-416. Procedure in general. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-417. Voters to testify as to qualifications. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-418. Liability for costs. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-419. Form of judgment. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-420. Determination of tie vote. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-421. Election declared void. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-422. Appeal. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-423. Applicability of penal provisions. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-424. Initiating recall proceedings. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-425 — 33-427. Petition — Where filed — Ballot synopsis — Determination by magistrate court — Correction of ballot synopsis. [Repealed.]

33-428. Filing petitions

Time limitations. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-429. Petition

Form. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-430. Petition

Size. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-431. Number of signatures required. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-432. Canvassing petition for sufficiency of signatures

Notice. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-433. Verification and canvass of signatures

Procedure. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-434. Fixing date for recall election

Notice. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-435. Response to recall petition statement. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-436. Destruction of insufficient recall petition. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-437. Invalid names

Record of. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-438. Conduct of election

Form of ballot. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-439. Ascertaining the result

When recall effective. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-440. Enforcement provisions — Mandamus

Appeals. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-441. Violations by signers. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-442. Violations

Corrupt practices. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 36, effective January 1, 2011.

33-443. Limitation of ballot access for multi-term incumbents. [Repealed.]

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 which 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 twelve o’clock 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.
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 records of the district 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.

33-502. 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.

33-502A. Declaration of intent for write-in candidates. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 38, effective January 1, 2011.

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.

33-502C. Withdrawal of candidacy. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 38, effective January 1, 2011.

33-502D. Procedure for correction of ballots when a withdrawal occurs after printing

Notice. [Repealed.]

Repealed by S.L. 2009, ch. 341, § 38, effective January 1, 2011.

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.

33-503A. Transition of school trustee terms from three years to four years. [Repealed.]

Repealed by S.L. 2015, ch. 12, § 1, effective July 1, 2015.

33-504. Vacancies on boards of trustees.

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 shall (a) die; (b) resign as trustee; (c) remove himself from his trustee zone of residence; (d) no longer be a resident or school district elector of the district; (e) refuse to serve as trustee; (f) without excuse acceptable to the board of trustees, fail to attend four (4) consecutive regular meetings of the board; or (g) be recalled and discharged from office as provided in law.

Such declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the above-mentioned conditions are determined to exist.

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 situate, or of the home county if the district be a joint district.

Any person appointed as herein provided shall serve for the balance of the unexpired term of the office which was declared vacant and filled by appointment.

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.

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:
   1. 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;
   2. 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;
   3. 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.

33-507. 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 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:
   1. 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;
   2. No applications were received that met the minimum certification, endorsement, education or experience requirements of the position other than such spouse;
   3. 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. 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. Any spouse of a trustee employed as a certificated employee pursuant to this subsection shall be employed under a category 1 contract pursuant to section 33-514A, Idaho Code.
4. 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.

33-508. 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.

33-509. 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.

33-509A. 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.

33-510. 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 not 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. Unless otherwise provided by law, all questions shall be determined by a majority of the vote cast. The chairman of the board may vote in all cases.
4. All meetings shall conform to the provisions of chapter 2, title 74, Idaho Code.

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.
   1. 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:
      1. The board of trustees must first give notice of such proposal not later than the first day of July 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.
      2. If, not later than the first day of August 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 forthwith order an election to be held within fourteen (14) days of the date of said order and shall give notice of the election.
      3. 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.
      4. The election shall be held within the school district and there shall be submitted to the electors a ballot containing the proposal:
         1. For discontinuing the school located at . . . .,
         2. Against discontinuing the school located at . . . . .
      5. 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 forthwith 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.
   2. The provisions of paragraph (a) of this subsection shall not apply when:
      1. The administrator of the division of building safety 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
      2. The school district board of trustees have voted at a public meeting to discontinue the school.

33-512. Governance of schools.

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:
   1. Each school district shall annually adopt and implement a school calendar which provides its students at each grade level with the following minimum number of instructional hours:
   2. School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours.
   3. When approved by a local school board, annual instructional hour requirements stated in paragraph (a) of this subsection may be reduced as follows:
      1. 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.
      2. Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures.
   4. 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.
   5. 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).
   6. 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.
   7. 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.
   8. 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.
   9. 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 on order of the state board of health and welfare or local health authorities;
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 which 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;
12. To supervise and regulate, including by contract with established entities, those extracurricular activities which 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 which 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 maintain a safe environment for students by developing a system that cross-checks all contractors or other persons who have irregular contact with students against the statewide sex offender registry, by developing a school safety plan for each school and by meeting annually with emergency first responders to update the plans and discuss emergency exercises and operations; (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.

Grades

Hours

9-12

990

4-8

900

1-3

810

K

450

Alternative schools

(any grades)

900

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

33-512A. District curricular materials adoption committees.

The board of trustees of each school district may appoint a curricular materials adoption committee to advise the board on selection of curricular materials, as defined in section 33-118A, Idaho Code, for use within the schools of the district. Such a committee shall contain a membership at least one-fourth (¼) of which is persons who are not public educators or school trustees. All meetings of the committee shall be open to the public and any member of the public may attend such a meeting and file written or make oral objections to any curricular materials under consideration. Each school district shall have on hand and available to the public the titles, authors and publishers of all curricular materials being used in the district. The public has the right to inspect the instructional materials, except students’ tests, used in the district’s schools.

33-512B. Suicidal tendencies — Duty to warn.

1. Notwithstanding the provisions of section 33-512(4), Idaho Code, neither a teacher nor a school district shall have a duty to warn of the suicidal tendencies of a student absent the teacher’s knowledge of direct evidence of such suicidal tendencies.
2. “Direct evidence” means evidence which directly proves a fact without inference and which in itself, if true, conclusively establishes that fact. Direct evidence would include unequivocal and unambiguous oral or written statements by a student which would not cause a reasonable teacher to speculate regarding the existence of the fact in question; it would not include equivocal or ambiguous oral or written statements by a student which would cause a reasonable teacher to speculate regarding the existence of the fact in question.
3. The existence of the teacher’s knowledge of the direct evidence referred to in subsections (1) and (2) of this section shall be determined by the court as a matter of law.

33-512C. Encouragement of gifted students.

If a student completes any required high school course with a grade of C or higher before entering grade 9, if that course meets the same standards that are required in high school, if the course is taught by a properly certified teacher who meets the federal definition of being highly qualified for the course being taught and if the school providing the course is accredited as recognized by the state board, the student shall be given a grade for the successful completion of that course, and such grade and the number of credit hours assigned to the course shall be transferred to the student’s high school transcript. The provisions of this section do not apply to senior projects.

33-513. Professional personnel.

The board of trustees of each school district, including any specially chartered district, shall have the following powers and duties:

1. To employ professional personnel, on written contract in form approved by the state superintendent of public instruction, conditioned upon a valid certificate being held by such professional personnel at the time of entering upon the duties thereunder. Should the board of trustees fail to enter into written contract for the employment of any such person, the state superintendent of public instruction shall withhold ensuing apportionments until such written contract be entered into. When the board of trustees has delivered a proposed contract for the next ensuing year to any such person, such person shall have a period of time to be determined by the board of trustees in its discretion, but in no event less than ten (10) calendar days from the date the contract is delivered, in which to sign the contract and return it to the board. If the board of trustees does not make a determination as to how long the person has to sign and return the contract, the default time limit shall be twenty-one (21) calendar days after the contract is delivered to the person. Delivery of a contract may be made only in person or by certified mail, return receipt requested or electronically, return receipt requested. When delivery is made in person, delivery of the contract must be acknowledged by a signed receipt. When delivery is made by certified mail or electronically, delivery must be acknowledged by the return of the certified mail receipt or return electronic receipt from the person to whom the contract was sent. If the delivery is made electronically, with return electronic receipt, and the district has not received a return of a signed contract and has not received an electronic read receipt from the employee, the district shall then resend the original electronically delivered contract to the employee via certified mail, return receipt requested, and provide such individual with a new date for contract return. Should the person willfully refuse to acknowledge receipt of the contract or the contract is not signed and returned to the board in the designated period of time or if no designated period of time is set by the board, the default time, the board or its designee may declare the position vacant.
2. In the case of school districts other than elementary school districts, to employ a superintendent of schools for a term not to exceed three (3) years, who shall be the executive officer of the board of trustees with such powers and duties as the board may prescribe. The superintendent shall also act as the authorized representative of the district whenever such is required, unless some other person shall be named by the board of trustees to act as its authorized representative. The board of trustees shall conduct an annual, written formal evaluation of the work of the superintendent of the district to be completed no later than June 1. The evaluation shall indicate the strengths and weaknesses of the superintendent’s job performance in the year immediately preceding the evaluation and areas where improvement in the superintendent’s job performance, in the view of the board of trustees, is called for. 3. To employ through written contract principals who shall hold a valid certificate appropriate to the position for which they are employed, who shall supervise the operation and management of the school in accordance with the policies established by the board of trustees and who shall be under the supervision of the superintendent.
3. To employ through written contract principals who shall hold a valid certificate appropriate to the position for which they are employed, who shall supervise the operation and management of the school in accordance with the policies established by the board of trustees and who shall be under the supervision of the superintendent.
4. To employ assistant superintendents and principals for a term not to exceed two (2) years. Service performed under such contract shall be included in meeting the provisions of section 33-515, Idaho Code, as a teacher and persons eligible for a renewable contract as a teacher shall retain such eligibility. The superintendent, the superintendent’s designee, or in a school district that does not employ a superintendent, the board of trustees, shall conduct an annual, written evaluation of each such employee’s performance to be completed no later than June 1.
5. To suspend, grant leave of absence, place on probation or discharge certificated professional personnel for a material violation of any lawful rules or regulations of the board of trustees or of the state board of education, or for any conduct which could constitute grounds for revocation of a teaching certificate. Any certificated professional employee, except the superintendent, may be discharged during a contract term under the following procedures:
   1. The superintendent or any other duly authorized administrative officer of the school district may recommend the discharge of any certificated employee by filing with the board of trustees written notice specifying the alleged reasons for discharge.
   2. Upon receipt of such notice, the board, acting through its duly authorized administrative official, shall give the affected employee written notice of the allegations and the recommendation of discharge, along with written notice of a hearing before the board prior to any determination by the board of the truth of the allegations.
   3. The hearing shall be scheduled to take place not less than six (6) days nor more than twenty-one (21) days after receipt of the notice by the employee. The date provided for the hearing may be changed by mutual consent.
   4. The hearing shall be public unless the employee requests in writing that it be in executive session.
   5. All testimony at the hearing shall be given under oath or affirmation. Any member of the board, or the clerk of the board, may administer oaths to witnesses or affirmations by witnesses.
   6. The employee may be represented by legal counsel and/or by a representative of a local or state teachers association.
   7. The chairman of the board or the designee of the chairman shall conduct the hearing.
   8. The board shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic or stenotype notes of all the testimony at the hearing. A transcript of the hearing shall be provided at cost by the board upon request of the employee.
   9. At the hearing, the superintendent or other duly authorized administrative officer shall present evidence to substantiate the allegations contained in such notice.
   10. The employee may produce evidence to refute the allegations. Any witness presented by the superintendent or by the employee shall be subject to cross-examination. The board may also examine witnesses and be represented by counsel.
   11. The affected employee may file written briefs and arguments with the board within three (3) days after the close of the hearing or such other time as may be agreed upon by the affected employee and the board.
   12. Within fifteen (15) days following the close of the hearing, the board shall determine and, acting through its duly authorized administrative official, shall notify the employee in writing whether the evidence presented at the hearing established the truth of the allegations and whether the employee is to be retained, immediately discharged, or discharged upon termination of the current contract.
   13. If the employee appeals the decision of the board of trustees to the district court, the district court may affirm the board’s decision or set it aside and remand the matter to the board of trustees upon the following grounds and shall not set the same aside for any other grounds:
       1. That the findings of fact are not based upon any substantial, competent evidence;
       2. That the board of trustees has acted without jurisdiction or in excess of its authority; or
       3. That the findings by the board of trustees as a matter of law do not support the decision.
   14. The determination of the board of trustees shall be affirmed unless the court finds that the action of the board of trustees was:
       1. In violation of constitutional or statutory provisions;
       2. In excess of the statutory authority of the board;
       3. Made upon unlawful procedure; or
       4. Arbitrary, capricious or an abuse of discretion.
   15. Record augmentation on appeal:
       1. If, before the date set for any hearing at the district court, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material, relates to the validity of the board action and that there was good cause for failure to present it in the proceeding before the board, then the court may remand the matter to the board with direction that the board receive additional evidence and conduct additional fact-finding;
       2. Any party desiring to augment the transcript or record may file a motion in the same manner and pursuant to the same procedure for augmentation of the record in appeals to the supreme court; and
       3. The board may modify its action by reason of the additional evidence and shall file any modifications, new findings or decisions with the reviewing court.
6. To grant an employee’s request for voluntary leave of absence. The board of trustees may delegate ongoing authority to grant an employee’s request for voluntary leave of absence to the district’s superintendent or other designee. Upon the superintendent or designee’s granting of an employee’s request for voluntary leave of absence, the board shall ratify or nullify the action at the next regularly scheduled board meeting.
7. To delegate to the superintendent or other designee the ongoing authority to place any employee on a period of involuntary leave of absence should the superintendent or designee believe that such action is in the best interest of the district. Upon the superintendent or designee’s action to place a certificated employee on a period of involuntary leave of absence, the board shall ratify or nullify the action of the superintendent or designee at the next regularly scheduled meeting of the board or at a special meeting of the board should the next regularly scheduled meeting of the board not be within a period of twenty-one (21) days from the date of the action. (a) Where there is a criminal court order preventing the certificated employee from being in the presence of minors or students, preventing the employee from being in the presence of any other adult individual employed at the school or detaining the employee in prison or jail, the certificated employee’s involuntary leave of absence shall be without pay due to the certificated employee’s inability to perform the essential functions of the employee’s position. Without such a condition or situation, the involuntary leave of absence shall be with pay.
   1. Where there is a criminal court order preventing the certificated employee from being in the presence of minors or students, preventing the employee from being in the presence of any other adult individual employed at the school or detaining the employee in prison or jail, the certificated employee’s involuntary leave of absence shall be without pay due to the certificated employee’s inability to perform the essential functions of the employee’s position. Without such a condition or situation, the involuntary leave of absence shall be with pay.
      1. During the period of involuntary leave of absence without pay, the salary of the certificated employee will be maintained in a district-managed account. Should the certificated employee return to the district for active employment subsequent to the removal or dismissal of the court order, acquittal or adjudication of innocence, the district shall remit the salary funds, less the cost incurred by the district for the substitute hired to replace the certificated employee. Further, should the certificated employee return to the district under the provisions established in this subsection, the district shall arrange to have the certificated employee credited with the public employee retirement system of Idaho (PERSI) for the certificated employee’s time away from work during the period of leave of absence.
      2. During the period of involuntary leave of absence, the district shall continue to pay the district’s portion of monthly costs associated with the certificated employee’s health insurance benefits. The assumption of this payment by the district shall not alter the certificated employee’s financial obligations, if any, under the policy.
   2. Should there be dual court orders preventing more than one (1) employee from being in the presence of one (1) or more other employees, all employees subject to the court order shall be excluded from the school pursuant to subsection 7.(a) of this section.
   3. If the period of involuntary leave of absence is due to the district’s need to conduct an investigation into the conduct of the certificated employee, and there are no related criminal investigation(s) and/or criminal charges of any nature pending, the administration shall complete its investigation within a period of sixty (60) working days. On or before the sixtieth working day, the administrative leave shall either cease and the certificated employee shall be returned to his position of employment or the administration shall advance a personnel recommendation to the board of trustees. If a recommendation is advanced, the involuntary leave of absence shall continue until such time as the district board has made its decision in regard to the personnel recommendation with such decision effectively concluding the involuntary leave of absence. If a related criminal investigation is occurring and/or criminal charges are pending, the district shall not be bound to any limitation as to the duration of involuntary leave of absence. The timelines established in this section may be waived or modified by mutual agreement.

The board of trustees shall withhold the salary of any teacher who does not hold a teaching certificate valid in this state. It shall not contract to require any teacher to make up time spent in attending any meeting called by the state board of education or by the state superintendent of public instruction; nor while attending regularly scheduled official meetings of the state teachers association.

No contract shall be issued for the next ensuing year until such time as the employee’s formal written performance evaluation has been completed.

If applicable student data relating to Idaho’s standards achievement test has not been received by the district within thirty (30) days of the deadline to complete the formal written performance evaluation for district employees, the school district or charter school shall utilize one (1) of the other objective measures of growth in student achievement as determined by the board of trustees or governing board, not including Idaho’s standards achievement test, in order to complete the required student achievement component of performance evaluations.

33-513A. Professional personnel contracts for 2012-2013 school year. [Null and void.]

Null and void, pursuant to S.L. 2013, ch. 140, § 2, effective July 1, 2015.

33-514. Issuance of annual contracts — Support programs — Categories of contracts — Optional placement.

1. The board of trustees shall establish criteria and procedures for the supervision and evaluation of certificated employees who are not employed on a renewable contract, as provided for in section 33-515, Idaho Code.
2. There shall be three (3) categories of annual contracts available to local school districts under which to employ certificated personnel:
   1. A category 1 contract is a limited one-year contract as provided in section 33-514A, Idaho Code.
   2. A category 2 contract is for certificated personnel in the first and second years of continuous employment with the same school district. Upon the decision by a local school board not to reemploy the person for the following year, the certificated employee shall be provided a written statement of reasons for non-reemployment by no later than the first day of July. No property rights shall attach to a category 2 contract and therefore the employee shall not be entitled to a review by the local board of the reasons or decision not to reemploy.
   3. A category 3 contract is for certificated personnel during the third year of continuous employment by the same school district. When any such employee’s work is found to be unsatisfactory, a defined period of probation shall be established by the board, but in no case shall a probationary period be less than eight (8) weeks. After the probationary period, action shall be taken by the board as to whether the employee is to be retained, immediately discharged, discharged upon termination of the current contract or reemployed at the end of the contract term under a continued probationary status. Notwithstanding the provisions of sections 74-205 and 74-206, Idaho Code, a decision to place certificated personnel on probationary status may be made in executive session and the employee shall not be named in the minutes of the meeting. A record of the decision shall be placed in the employee’s personnel file. This procedure shall not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable period of probation. In all instances, the employee shall be duly notified in writing of the areas of work that are deficient, including the conditions of probation. Each such certificated employee on a category 3 contract shall be given notice, in writing, whether he or she will be reemployed for the next ensuing year. Such notice shall be given by the board of trustees no later than the first day of July of each such year. If the board of trustees has decided not to reemploy the certificated employee, then the notice must contain a statement of reasons for such decision and the employee shall, upon request, be given the opportunity for an informal review of such decision by the board of trustees. The parameters of an informal review shall be determined by the local board.
3. School districts hiring an employee who has been on renewable contract status with another Idaho district, or has out-of-state experience which would otherwise qualify the certificated employee for renewable contract status in Idaho, shall have the option to immediately grant renewable contract status, or to place the employee on a category 3 annual contract. Such employment on a category 3 contract under the provisions of this subsection may be for one (1), two (2) or three (3) years.

33-514A. Issuance of limited contract — Category 1 contract.

After August 1, or pursuant to section 33-507(3), Idaho Code, the board of trustees may exercise the option of employing certified personnel on a one (1) year limited contract, which may also be referred to as a category 1 contract consistent with the provisions of section 33-514, Idaho Code. Such a contract is specifically offered for the limited duration of the ensuing school year, and no further notice is required by the district to terminate the contract at the conclusion of the contract year.

33-515. Issuance of renewable contracts.

1. During the third full year of continuous employment by the same school district, including any specially chartered district, each certificated employee named in subsection (32) of section 33-1001, Idaho Code, and each school nurse and school librarian shall be evaluated for a renewable contract and shall, upon having been offered a contract for the next ensuing year, and upon signing and timely returning a contract for a fourth full year, be placed on a renewable contract status with said school district entitling such individual to the right to automatic renewal of contract, subject to the provisions included in this chapter, provided that instructional staff who have not obtained a professional endorsement under section 33-1201A, Idaho Code, may not be placed on a renewable contract status, provided however, if the career ladder pursuant to section 33-1004B, Idaho Code, is not funded, then a professional endorsement shall not be required.
2. At least once annually, the performance of each renewable contract certificated employee, school nurse, or school librarian shall be evaluated according to criteria and procedures established by the board of trustees in accordance with general guidelines approved by the state board of education. Such an evaluation shall be completed no later than June 1 of each year. The evaluation shall include a minimum of two (2) documented observations, one (1) of which shall be completed prior to January 1 of each year.
3. Any contract automatically renewed under the provisions of this section may be renewed for a shorter term, longer term or the same length of term as stated in the current contract and at a greater, lesser or equal salary as that stated in the current contract. Absent the board’s application of a formal reduction in force, renewals of standard teacher contracts may be for a shorter term, longer term or the same length of term as stated in the current standard teacher contract and at a greater, lesser or equal salary, and shall be uniformly applied to all employees based upon the district’s adopted salary schedule to the extent allowable in section 33-1004E, Idaho Code.
   1. Contracts issued pursuant to this section shall be issued on or before the first day of July each year.
   2. At the discretion of the board, the district may issue letters of intent for employment for the next ensuing school year to renewable contract status employees during May of each school year. Such letter of intent shall not state a specific duration of the contract or salary/benefits term for the next ensuing school year.
   3. Unless otherwise negotiated and ratified by both parties pursuant to sections 33-1271, et seq., Idaho Code, standard teacher renewals for terms shorter in length than that stated in the current standard contract of renewable certificated employees, should be considered and implemented only after the district has determined that the salary-based apportionment reimbursement that it estimates it will receive for the ensuing school year is less than the sum the district would otherwise be paying for salaries for certificated professional employees.
4. Nothing in this section shall prevent the board of trustees from offering a renewed contract increasing the salary of any certificated person, or from reassigning an administrative employee to a nonadministrative position with appropriate reduction of salary from the preexisting salary level. In the event the board of trustees reassigns an administrative employee to a nonadministrative position, the board shall give written notice to the employee that contains a statement of the reasons for the reassignment. The employee, upon written request to the board, shall be entitled to an informal review of that decision. The process and procedure for the informal review shall be determined by the local board of trustees.
5. Before a board of trustees can determine not to renew for reasons of an unsatisfactory report of the performance of any certificated person whose contract would otherwise be automatically renewed, such person shall be entitled to a reasonable period of probation. This period of probation shall be preceded by a written notice from the board of trustees with reasons for such probationary period and with provisions for adequate supervision and evaluation of the person’s performance during the probationary period. Such period of probation shall not affect the person’s renewable contract status. Consideration of probationary status for certificated personnel is consideration of the status of an employee within the meaning of section 74-206, Idaho Code, and may be held in executive session. If the consideration results in probationary status, the individual on probation shall not be named in the minutes of the meeting. A record of the decision shall be placed in the teacher’s personnel file.
6. If the board of trustees takes action to immediately discharge or discharge upon termination of the current contract a certificated person whose contract would otherwise be automatically renewed, the action of the board shall be consistent with the procedures specified in section 33-513(5), Idaho Code, and furthermore, the board shall notify the employee in writing whether there is just and reasonable cause not to renew the contract or to reduce the salary of the affected employee, and if so, what reasons it relied upon in that determination.
7. If the board of trustees takes action after the declaration of a financial emergency pursuant to section 33-522, Idaho Code, and such action is directed at more than one (1) certificated employee, and if mutually agreed to by both parties, a single informal review shall be conducted. Without mutual consent of both parties, the board of trustees shall use the following procedure to conduct a single due process hearing within sixty-seven (67) days of the declaration of financial emergency pursuant to section 33-522(2), Idaho Code, or on or before June 22, whichever shall occur first:
   1. The superintendent or any other duly authorized administrative officer of the school district may recommend the change in the length of the term stated in the current contract or reduce the salary of any certificated employee by filing with the board of trustees written notice specifying the purported reasons for such changes.
   2. Upon receipt of such notice, the board of trustees, acting through its duly authorized administrative official, shall give the affected employees written notice of the reductions and the recommendation of the change in the length of the term stated in the current contract or the reduction of salary, along with written notice of a hearing before the board of trustees prior to any determination by the board of trustees.
   3. The hearing shall be scheduled to take place not less than six (6) days nor more than fourteen (14) days after receipt of the notice by the employees. The date provided for the hearing may be changed by mutual consent.
   4. The hearing shall be open to the public.
   5. All testimony at the hearing shall be given under oath or affirmation. Any member of the board, or the clerk of the board of trustees, may administer oaths to witnesses or affirmations by witnesses.
   6. The employees may be represented by legal counsel and/or by a representative of a local or state education association.
   7. The chairman of the board of trustees or the designee of the chairman shall conduct the hearing.
   8. The board of trustees shall cause an electronic record of the hearing to be made or shall employ a competent reporter to take stenographic or stenotype notes of all the testimony at the hearing. A transcript of the hearing shall be provided at cost by the board of trustees upon request of the employee.
   9. At the hearing, the superintendent or other duly authorized administrative officer shall present evidence to substantiate the reduction contained in such notice.
   10. The employees may produce evidence to refute the reduction. Any witness presented by the superintendent or by the employees shall be subject to cross-examination. The board of trustees may also examine witnesses and be represented by counsel.
   11. The affected employees may file written briefs and arguments with the board of trustees within three (3) days after the close of the hearing or such other time as may be agreed upon by the affected employees and the board of trustees.
   12. Within seven (7) days following the close of the hearing, the board of trustees shall determine and, acting through its duly authorized administrative official, shall notify the employees in writing whether the evidence presented at the hearing established the need for the action taken.
8. If the board of trustees, for reasons other than unsatisfactory service, for the ensuing contract year, determines to change the length of the term stated in the current contract, reduce the salary or not renew the contract of a certificated person whose contract would otherwise be automatically renewed, nothing herein shall require a probationary period.
9. If the board of trustees, for reasons other than unsatisfactory service, for the ensuing contract year, determines to change the length of the term stated in the current contract or reduce the salary of a certificated person whose contract would otherwise be automatically renewed, nothing herein shall require any individualized due process proceeding. In such circumstance, the board shall hold a single informal review for all impacted employees. The process and procedure for the single informal review shall be determined by the local board of trustees.

The due process hearing pursuant to this subsection shall not be required if the board of trustees and the local education association reach an agreement on issues agreed upon pursuant to section 33-522(3), Idaho Code.

33-515A. Supplemental contracts.

1. In addition to the provisions of sections 33-514, 33-514A and 33-515, Idaho Code, a board of trustees may enter into supplemental contracts to provide extra duty or extra day assignments for certificated employees.
2. An extra duty assignment is, and extra duty supplemental contracts may be used for, an assignment which is not part of a certificated employee’s regular teaching duties. Any such contract shall be separate and apart from the certificated employee’s underlying contract, and no property rights shall attach to a supplemental extra duty contract. If a board of trustees determines not to reissue a supplemental extra duty contract, the board shall give written notice to the employee describing reasons for the decision not to reissue. The employee, upon written request to the board, shall be entitled to an informal review. The process and procedure for informal review shall be determined by the board of trustees. Should a board of trustees provide for additional procedures, nothing in this section shall be interpreted to limit those procedures. The contract shall be in a form approved by the state superintendent of public instruction.
3. An extra day assignment is, and supplemental extra day contracts may be used for, an assignment of days of service in addition to the standard contract length used for the majority of certificated employees in the district. Such additional days may be in service of the same activities as the certificated employee’s regular teaching duties. Any such extra day contracts shall provide the same daily rate of pay and rights to due process and procedures as provided by the certificated employee’s underlying contract. The contract shall be in a form approved by the state superintendent of public instruction.
4. For the purposes of this section, “underlying contract” means either a category 1, 2, 3 or renewable contract.

33-515B. Reduced enrollment

Contract termination and severance stipend. [Null and void.]

Null and void, pursuant to rejection of Proposition 1 on November 6, 2012.

33-516. Right to renewable contract when district is divided, consolidated or reorganized.

If, by reason of the division of a school district, including any specially chartered district, or by reason of the consolidation of such a district with another district, or other districts, or by reason of the reorganization of such a district, the position held by any teacher entitled to a renewable contract is transferred from the control of one board of trustees to the control of a new or different board of trustees, the right to automatic renewal is not thereby lost, and such new or different board of trustees shall be subject to all of the provisions of this chapter with respect to such teacher in the same manner as if such teacher were its employee and had been its employee during the time such teacher was actually employed by the board of trustees from whose control the position was transferred.

33-517. Noncertificated personnel.

The board of trustees of each school district, including any specially chartered district and any Idaho public charter school, shall have the following powers and duties:

1. To provide that hiring and evaluation procedures for noncertificated personnel shall be in writing and shall be available for any noncertificated employee’s review during regular business hours. Job descriptions for all noncertificated employees shall be written and shall be made available to employees of the district or other people seeking employment.
2. To provide a grievance procedure for noncertificated employees of the district which meets the minimum standards of paragraphs (a) through (i) of this subsection. In the event a grievance procedure is not provided, the following grievance procedure shall apply.
   1. A grievance shall be defined as a written allegation of:
      1. A violation of current written board approved school district policy;
      2. A violation of current written school procedures;
      3. A violation of the current written board approved employee handbook;
      4. A condition or conditions that jeopardize the health or safety of the employee or another; or
      5. Tasks assigned outside of the employee’s essential job functions and for which the employee has no specialized training.
   2. If a noncertificated employee files a grievance, the employee shall submit the grievance in writing to the district’s human resources administrator within six (6) working days of the incident giving rise to the grievance. The grievance shall state the nature of the grievance and the remedy sought. Within six (6) working days of receipt of the grievance, the district’s human resources administrator shall schedule an informal grievance meeting with the grievant, the employee against whom the grievance is filed, respective advocates, as well as a district administrator who will not be involved in the statutory grievance process. The purpose of the meeting shall be to attempt to find a resolution to the employee grievance.
   3. If a resolution is not reached during the informal grievance meeting, the individual against whom a grievance is filed shall file a written response to the employee grievance within six (6) working days after the conclusion of the informal grievance meeting. Thereafter, the employee may appeal the grievance to the superintendent of the district or the superintendent’s designee within six (6) working days of the receipt of the written response or within six (6) working days from the date the written response was due if the noncertificated employee received no written response. Within six (6) working days of an appeal, the superintendent or his designee shall provide a written response to the noncertificated employee.
   4. If the noncertificated employee is not satisfied with the response of the superintendent or the designee, or if there is no response by the superintendent or the designee within the time frame provided in subsection (2)(c) of this section, the noncertificated employee may request a review of the grievance by a hearing panel within six (6) working days from receipt of the response provided in subsection (2)(c) of this section if the employee received a written response, or six (6) working days from the date the superintendent or designee last had to respond if the noncertificated employee received no written response. Within ten (10) working days of receipt of an appeal, a panel consisting of three (3) persons; one (1) designated by the superintendent, one (1) designated by the employee, and one (1) agreed upon by the two (2) appointed members [shall convene] for the purpose of reviewing the appeal. Within ten (10) working days following completion of the review, the panel shall submit its decision in writing to the noncertificated employee, the superintendent, and the board of trustees. (e) The panel’s decision shall be the final and conclusive resolution of the grievance unless the board of trustees overturns the panel’s decision by resolution at the board of trustees’ next regularly scheduled public meeting or unless, within forty-two (42) calendar days of the filing of the board’s decision, either party appeals to the district court in the county where the school district is located. Upon appeal of a decision of the board of trustees, the district court may affirm or set aside and remand the matter to the board of trustees upon the following grounds, and shall not set the same aside on any other grounds:
   5. The panel’s decision shall be the final and conclusive resolution of the grievance unless the board of trustees overturns the panel’s decision by resolution at the board of trustees’ next regularly scheduled public meeting or unless, within forty-two (42) calendar days of the filing of the board’s decision, either party appeals to the district court in the county where the school district is located. Upon appeal of a decision of the board of trustees, the district court may affirm or set aside and remand the matter to the board of trustees upon the following grounds, and shall not set the same aside on any other grounds:
      1. That the findings of fact are not based on any substantial, competent evidence;
      2. That the board of trustees has acted without jurisdiction or in excess of its powers;
      3. That the findings by the board of trustees as a matter of law do not support the decision.
      4. Standards and procedures for the storage, administration and disposal of an epinephrine auto-injector; and
      5. Emergency follow-up procedures.
   6. A noncertificated employee filing a grievance pursuant to this section shall be entitled to a representative of the employee’s choice at each step of the grievance procedure provided in this section. The person against whom the grievance is filed, the superintendent or the superintendent’s designee shall be entitled to a representative at each step of the grievance procedure. None of these individuals will be qualified to sit on the advisory grievance panel.
   7. The timelines of the grievance procedure established in this section may be waived or modified by mutual agreement.
   8. Utilization of the grievance procedure established pursuant to this section shall not constitute a waiver of any right of appeal available pursuant to law or regulation.
   9. Neither the board nor any member of the administration shall take reprisals affecting the employment status of any party in interest. The employee filing a grievance shall not take any reprisals regarding the course of the outcome of the grievance nor take any reprisals against any party or witness participating in the grievance.
   10. A noncertificated employee of a school district shall be provided a personnel file consistent with the provisions of section 33-518, Idaho Code.

A noncertificated employee of the district may file a grievance about any matter related to his or her employment, only if it directly relates to any of the grounds for a grievance provided for in paragraph (a)(i) through (v) of this subsection. However, neither the rate of salary or wage of the employee nor the decision to terminate an employee for cause during the initial one hundred eighty (180) days of employment shall be a proper subject for consideration under the grievance procedure provided in this section. For the purposes of this section, “current” means as of the date of the incident giving rise to the grievance.

33-517A. School districts — Noncertificated employees — Group health insurance.

The board of trustees of each school district, including any specially chartered district, shall provide the same group health insurance benefits to all noncertificated employees who work twenty (20) hours or more per week, as provided to certificated employees.

33-518. Employee personnel files.

The board of trustees of each school district, including any specially chartered district, shall provide for the establishment and maintenance of a personnel file for each employee of the school district. Each personnel file shall contain any and all material relevant to the evaluation of the employee. The employee shall be provided timely notice of all materials placed in the personnel file and shall be afforded the opportunity to attach a rebuttal to any such materials. Personnel files are declared to be confidential and excepted from public access under any provision of the Idaho Code, including, but not limited to, sections 74-102 and 59-1009, Idaho Code, provided that each employee or designated representative shall be given access to his own personnel file upon request and shall be provided copies of materials contained therein, with the exception of recommendation letters, in a timely manner upon request.

33-519. Release for religious instruction.

Upon application of his parent or guardian, or, if the student has attained the age of eighteen (18) years, upon application of the student, a student attending a public school in grades nine (9) through twelve (12) may be excused from school for a period not exceeding five (5) periods in any week or not exceeding one hundred sixty-five (165) hours per student during any one (1) school year for religious or other purposes. Release time pursuant to this section shall be scheduled by the board of trustees upon application as provided herein and the board shall have reasonable discretion over the scheduling and timing of the release time. Release time pursuant to this section shall not reduce the minimum graduation requirements for accredited Idaho high schools. The provisions of this section shall not be deemed to authorize the use of any public school facility for religious instruction. The board of trustees of a school district may not authorize the use of, and public school facilities, personnel or equipment may not be utilized, to maintain attendance records for the benefit of release time classes for religious instruction. No credit shall be awarded by the school or school district for completion of courses during release time for religious purposes. At the discretion of the board credit may be granted for other purposes.

33-520. Policy governing medical inhalers, epinephrine auto-injectors, insulin and blood glucose monitoring supplies.

1. The board of trustees of each school district, including charter districts, shall adopt a policy permitting the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illness or by way of an epinephrine auto-injector for severe allergic reaction (anaphylaxis). On or before September 1, 2016, such boards of trustees shall also adopt a policy permitting the self-administration of diabetes medication and blood glucose monitoring by a pupil with diabetes.
2. As used in this section:
   1. “Medication” means an epinephrine auto-injector, a metered-dose inhaler or a dry powder inhaler or insulin prescribed by a physician and having an individual label; and
   2. “Self-administration” means a student’s use of medication or of blood glucose monitoring supplies pursuant to prescription or written direction from a physician.
3. A student who is permitted to self-administer medication or blood glucose monitoring pursuant to this section shall be permitted to possess and use a prescribed inhaler, an epinephrine auto-injector, insulin or blood glucose monitoring supplies at all times.
4. Nothing in this section shall be construed to prevent a school district from requiring pupils to maintain current duplicate prescription medications or blood glucose monitoring supplies with the school nurse or, in the absence of such nurse, with the school administrator.

33-520A. Life-threatening allergies in schools — Guidelines, stock supply of epinephrine auto-injectors and emergency administration.

1. As used in this section, the following definitions shall apply:
   1. “Administer” means the direct application of an epinephrine auto-injector to the body of an individual.
   2. “Designated school personnel” means an employee, agent or volunteer of a school designated by the governing authority of a school who has completed the training to provide or administer an epinephrine auto-injector to a student.
   3. “Epinephrine auto-injector” means a device that automatically injects a premeasured dose of epinephrine.
   4. “Provide” means the supply of one (1) or more epinephrine auto-injectors to an individual.
   5. “School” means any public or nonpublic school.
   6. “Self-administration” means a student or other person’s discretionary use of an epinephrine auto-injector, whether provided by the student or by a school nurse or designated school personnel pursuant to the provisions of this section.
2. Any physician, advanced practice registered nurse licensed to prescribe or physician assistant licensed to prescribe pursuant to title 54, Idaho Code, may prescribe epinephrine auto-injectors in the name of a school to be maintained for use in accordance with subsection (3) of this section. Licensed pharmacists and physicians may dispense epinephrine auto-injectors pursuant to a prescription issued in accordance with this subsection. A school may maintain a stock supply of epinephrine auto-injectors.
3. The governing authority of a school may authorize school nurses and designated school personnel to do the following:
   1. Provide an epinephrine auto-injector to a student to self-administer the epinephrine auto-injector in accordance with a prescription specific to the student on file with the school nurse;
   2. Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school nurse; and
   3. Administer an epinephrine auto-injector to any student or other individual on school premises that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine auto-injector.
4. A school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair market price, reduced price or free.
5. The governing authority of a school that participates in supplying and administering epinephrine auto-injectors pursuant to the provisions of this section shall do the following:
   1. Require each school that maintains a stock supply and administers epinephrine auto-injectors to submit a report of each incident at the school or related school event involving a severe allergic reaction or the administration of an epinephrine auto-injector to the governing authority of the school or its designee; and
   2. Establish detailed standards for training programs that must be completed by designated school personnel in order to provide or administer an epinephrine auto-injector in accordance with this section. Such training may be conducted online and, at a minimum, shall cover: (i) Techniques on how to recognize symptoms of severe allergic reactions, including anaphylaxis;
6. There shall be no civil liability for any damages for a physician, advanced practice registered nurse, physician’s assistant or pharmacist providing a prescription or standing protocol for school epinephrine auto-injectors consistent with the standard of care for the provider. Further, there shall be no civil liability for damages for a school or its employees or agents for any injuries that result from the administration or self-administration of an epinephrine auto-injector regardless of whether authorization for use was given by the student’s parents, guardian or medical provider provided the actions taken in administering or providing the injector were reasonable under the circumstances. The liability protections in this section do not apply to acts or omissions constituting gross negligence, those that are reckless or that constitute willful and wanton behavior. The liability protections in this section are in addition to any provided under section 5-330, Idaho Code.

33-521. Employee severance in consolidated district.

The board of trustees of any school district newly formed within the last twelve (12) months through the consolidation of two (2) or more school districts may offer a one (1) time severance payment to a maximum of ten percent (10%) of the employees that were previously employed by the separate school districts. Such severance offers shall be made entirely at the discretion of the board of trustees, and shall not be bound by custom, seniority or contractual commitment. Employees are under no obligation to accept a severance offer. Any employee accepting a severance payment shall not be eligible for reemployment by the school district for a one (1) year period thereafter.

The severance payment shall consist of fifty-five percent (55%) of the salary-based apportionment funds allocated for the employee in the last year, plus any applicable state paid employee benefits. Such severance shall be reduced by one-half (½) for any employee who is simultaneously receiving a disbursement of early retirement incentive funds. The state department of education shall reimburse eligible school districts for one hundred percent (100%) of such costs, upon application by the school district.

33-522. Financial emergency.

1. Prior to declaring a financial emergency, the board of trustees shall hold a public meeting for the purpose of receiving input concerning possible solutions to the financial problems facing the school district.
2. If the state department of education certifies that one (1) or more of the conditions in paragraph (a), (b) or (c) of this subsection are met, then the board of trustees may declare a financial emergency if it determines that the condition in paragraph (f) of this subsection is also met. Alternatively, the board of trustees may declare a financial emergency if it determines that either of the conditions in paragraph (d) or (e) of this subsection are met and the state department of education certifies that the condition set forth in paragraph (f) of this subsection is also met.
   1. Any of the base salary multipliers in section 33-1004E, Idaho Code, are reduced by one and one-half percent (1 ½%) or more from any prior fiscal year.
   2. The minimum instructional salary provision in section 33-1004E, Idaho Code, is reduced by one and one-half percent (1 ½%) or more from any prior fiscal year.
   3. The amount of total general fund money appropriated per support unit is reduced by greater than three percent (3%) from the original general fund appropriation per support unit of any prior fiscal year.
   4. The amount of property tax revenue to be collected by the school district that may be used for any general fund purpose, with the exception of any emergency levy funds, is reduced from the prior fiscal year, and the amount of said reduction represents more than one and one-half percent (1 ½%) of the school district’s general fund budget for combined state and local revenues from the prior fiscal year.
   5. The school district’s general fund has decreased by at least one and one-half percent (1 ½%) from the previous year’s level due to a decrease in funding or natural disaster, but not as a result of a drop in the number of support units or the index multiplier calculated pursuant to section 33-1004A, Idaho Code, or a change in the emergency levy.
   6. The school district’s unrestricted general fund balance, which excludes funds restricted by state or federal law and considering both anticipated expenditures and revenue, is less than five and one-half percent (5 ½%) of the school district’s unrestricted general fund budget at the time the financial emergency is declared or for the fiscal year for which the financial emergency is declared.
3. Upon its declaration of a financial emergency, the board of trustees shall:
   1. Have the power to reopen the salary and benefits compensation aspects of the negotiated agreement, including the length of the certificated employee contracts and the amount of compensation and benefits; and
   2. If the parties to the negotiated agreement mutually agree, reopen other matters contained within the negotiated agreement directly affecting the financial circumstances in the school district.
4. If, after the declaration of a financial emergency pursuant to subsection (2) of this section, both parties have met and conferred in good faith and an agreement has not been reached, the board of trustees may impose its last, best offer, following the outcome of the due process hearing held pursuant to section 33-515(7), Idaho Code. (5) A financial emergency declared pursuant to subsection (2) of this section shall be effective for only one (1) fiscal year at a time and shall not be declared by the board of trustees for a second consecutive year, unless so qualified by additional reductions pursuant to the conditions listed in subsection (2) of this section.

If the board of trustees exercises the power provided in this subsection consistent with the requirements of subsection (2) of this section, both the board of trustees and the local education association shall meet and confer in good faith for the purpose of reaching an agreement on such issues.

(6) The time requirements of sections 33-514(2) and 33-515(2), Idaho Code, shall not apply in the event a financial emergency is declared pursuant to subsection (2) of this section.

33-522A. Reduction in force defined.

1. A reduction in force may occur when there are:
   1. Curriculum or program changes;
   2. Negative changes in the financial conditions of the school district;
   3. Decreases in student enrollment, including overall, by program, by grade or by school; or
   4. Staffing or highly qualified teacher limitations of the district.
2. For purposes of title 33[, Idaho Code], “reduction in force” means the elimination of a certificated staff position or positions or a portion or percentage of a position or positions, when there is one (1) or more of the following:
   1. The elimination of an entire program or portions of a program;
   2. The elimination of positions in certain grade levels only;
   3. The elimination of a position by category; or
   4. The elimination of a position in an overall review of the district.
3. 1. The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status. (3)(a) The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status.
   2. Each school district may adopt a policy establishing an equitable method of recalling individuals subject to a reduction in force if positions become available subsequent to the reduction in force.

33-523. STEM diploma.

1. For purposes of this section, “STEM” means science, technology, engineering and mathematics.
2. A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma designated as a STEM diploma if the student earned at least:
   1. Eight (8) credits in mathematics;
   2. Eight (8) credits in science; and
   3. In addition to the credits listed in paragraphs (a) and (b) of this subsection, five (5) credits in the student’s choice of any or all subjects of science, technology, engineering or mathematics.
3. This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education.
4. A student who has completed eight (8) or more credits in mathematics that include algebra II or a higher-level mathematics class before the student’s senior year is not required to take a mathematics class in the student’s senior year.
5. Each school district and public charter school may create a diploma with a special STEM designation for students who meet the requirements of this section.
6. The state board of education may promulgate rules necessary to implement the provisions of this section.

33-524. Biliteracy diploma.

1. For purposes of this section, “world language” means a language other than English.
2. A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma bearing a state seal of biliteracy if the student:
   1. Demonstrates proficiency in English according to an assessment or other method designated by the state board of education; and
   2. Demonstrates proficiency in at least one (1) world language by:
      1. Passing a foreign language advanced placement examination with a score of three (3) or higher;
      2. Passing an international baccalaureate examination with a score of four (4) or higher;
      3. Demonstrating intermediate mid level proficiency or higher in the world language based on the American council on the teaching of foreign languages (ACTFL) proficiency guidelines, using assessments approved by the state board of education;
      4. Qualifying for four (4) competency-based credits by demonstrating proficiency in the world language at the intermediate mid level or higher based on the ACTFL proficiency guidelines, according to the school district’s or public charter school’s policy and procedure for competency-based credits for world languages; or
      5. Demonstrating proficiency in speaking, writing, and reading the world language through other national or international assessments approved by the state board of education at a level comparable to the intermediate mid level or higher in the ACTFL proficiency guidelines.
3. This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education.
4. Each school district and public charter school may create a diploma indicating that a student has earned the state seal of biliteracy for students who meet the requirements of this section.
5. The state board of education shall promulgate rules necessary to implement the provisions of this section.

33-601. Real and personal property — Acquisition, use or disposal of same.

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

1. To rent to or from others, school buildings or other property used, or to be used, for school purposes.
2. To contract for the construction, repair, or improvement of any real property, or the acquisition, purchase or repair of any equipment, or other personal property necessary for the operation of the school district.
3. To designate and purchase any real property necessary for school purposes or in the operation of the district, or remove any building, or dispose of any real property. Prior to, but not more than one (1) year prior to, any purchase or disposal of real property, the board shall have such property appraised by an appraiser certified in the state of Idaho, which appraisal shall be entered in the records of the board of trustees and shall be used to establish the value of the real property. The board of trustees shall determine the size of the site necessary for school purposes. The site shall be located within the incorporated limits of any city within the district; provided, however, that if the board finds that it is not in the best interests of the electors and the students of the district to locate the site within the incorporated limits of a city, the board, by duly adopted resolution setting forth the reasons for its finding, may designate a site located elsewhere within the district. In elementary school districts, except upon removal for highway purposes, a site may be designated or changed only after approval of two-thirds (2/3) or more of the electors voting at the annual meeting.
4. 1. To convey, except as provided by paragraph (b) of this subsection, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district in any property, real or personal. In elementary school districts, except such conveyance as is authorized by subsection (6) of this section, any of the transactions authorized in this subsection shall be subject to the approval of two-thirds (2/3) or more of the electors voting at the annual meeting. (4)(a) To convey, except as provided by paragraph (b) of this subsection, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district in any property, real or personal. In elementary school districts, except such conveyance as is authorized by subsection (6) of this section, any of the transactions authorized in this subsection shall be subject to the approval of two-thirds (2/3) or more of the electors voting at the annual meeting.
   2. Real and personal property may be exchanged hereunder for other property. Provided, however, that aside from the provisions of this paragraph, any school district may by a vote of one-half (½) plus one (1) of the members of the full board of trustees, by resolution duly adopted, authorize the transfer or conveyance of any real or personal property owned by such school district to the government of the United States, any city, county, the state of Idaho, any hospital district organized under chapter 13, title 39, Idaho Code, any cooperative service agency formed pursuant to section 33-317, Idaho Code, any other school district, the Idaho housing and finance association, any public charter school, any library district, any community college district, or any recreation district, with or without any consideration accruing to the school district, when in the judgment of the board of trustees it is for the interest of such school district that said transfer or conveyance be made. Prior to any transfer or conveyance of any real or personal property pursuant to this paragraph (4)(b), the board shall have the property appraised by an appraiser certified in the state of Idaho, which appraisal shall be entered in the records of the board of trustees and shall be used to establish the value of the real or personal property. Provided however, if the board of trustees finds it is in the school district’s best interests to trade personal property to a person or entity for like kind personal property, the board of trustees may vote to elect to do so. The board of trustees may elect to abstain from an appraisal of the personal property if the estimated value of such property is less than five thousand dollars ($5,000).
5. To enter into contracts with any city located within the boundaries of the school district for the joint purchase, construction, development, maintenance and equipping of playgrounds, ball parks, swimming pools, and other recreational facilities upon property owned either by the school district or the city.
6. To convey rights-of-way and easements for highway, public utility, and other purposes over, upon or across any school property and, when necessary to the use of such property for any such purpose, to authorize the removal of school buildings to such new location, or locations, as shall be determined by the board of trustees, and such removal shall be made at no cost or expense to the school district.
7. To authorize the use of any school building or vacant land of the district as a community center, or for any public purpose, and to establish a policy of charges, if any, to be made for such use.
8. To exercise the right of eminent domain under the provisions of chapter 7, title 7, Idaho Code, for any of the uses and purposes provided in section 7-701, Idaho Code. (9) If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, or it is necessary to do emergency work to safeguard life, health or property, the board of trustees may pass a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the board may expend any sum required in the emergency without compliance with this section.
9. If there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for national or local defense, or it is necessary to do emergency work to safeguard life, health or property, the board of trustees may pass a resolution declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, the board may expend any sum required in the emergency without compliance with this section.

Except for the purchase of curricular materials as defined in section 33-118A, Idaho Code, such contract shall be executed in accordance with the provisions of chapter 28, title 67, Idaho Code.

Prior to such sale or conveyance, the board shall have the property appraised pursuant to this section, which appraisal shall be entered in the records of the board of trustees. The property may be sold at public auction or by sealed bids, as the board of trustees shall determine, to the highest bidder. Such property may be sold for cash or for such terms and conditions as the board of trustees shall determine for a period not exceeding ten (10) years, with the annual rate of interest on all deferred payments not less than seven percent (7%) per annum. The title to all property sold on contract shall be retained in the name of the school district until full payment has been made by the purchaser, and title to all property sold under a note and mortgage or deed of trust shall be transferred to the purchaser at the point of sale under the terms and conditions of the mortgage or deed of trust as the board of trustees shall determine. Notice of the time and the conditions of such sale shall be published twice, and proof thereof made, in accordance with subsections (2) and (3) of section 33-402, Idaho Code, except that when the appraised value of the property is less than one thousand dollars ($1,000), one (1) single notice by publication shall be sufficient and the property shall be sold by sealed bids or at public auction. The board of trustees may accept the highest bid, may reject any bid, or reject all bids. If the real property was donated to the school district the board may, within a period of one (1) year from the time of the appraisal, sell the property without additional advertising or bidding. Otherwise, the board of trustees must have new appraisals made and again publish notice for bids, as before. During the sealed bid or public auction process, no real property of the school district can be sold for less than its appraised value. If, thereafter, no satisfactory bid is made and received, the board may proceed under its own direction to sell and convey the property for the highest price the market will bear.

The board of trustees may sell personal property, with an estimated value of less than one thousand dollars ($1,000), without appraisal, by sealed bid or at public auction, provided that there has been not less than one (1) published advertisement prior to the sale of said property. If the property has an estimated value of less than five hundred dollars ($500), the property may be disposed of in the most cost-effective and expedient manner by an employee of the district empowered for that purpose by the board, provided however, such employee shall notify the board prior to disposal of said property.

33-601A. Leasing of goods, equipment, buses and portable classrooms.

No provision of chapter 6, title 33, or chapter 28, title 67, Idaho Code, shall be construed to prevent a board of trustees from entering into lease-purchase agreements for goods, equipment, buses or portable classrooms, provided the agreement is in writing and meets all of the following requirements:

1. The annual lease payments shall reflect reasonable compensation for use;
2. No penalty shall be imposed on the school district for proper cancellation of the lease;
3. The right to exercise the option to purchase shall be at the sole discretion of the school district; and
4. The cost of purchase shall not exceed the reasonable value of the goods, equipment, buses or portable classrooms as of the time the option to purchase is exercised.

For the purposes of this section, “portable classroom” means a facility which is not so related to particular real estate that an interest in it arises under real estate law.

33-602. Use of school property or buildings for senior citizen centers. [Repealed.]

Repealed by S.L. 2017, ch. 32, § 1, effective July 1, 2017.

33-603. Payment of fees or returning of property.

The board of trustees of each school district shall have the power and the ability to require as a condition of graduation, as a condition of issuance of a diploma or certificate, or as a condition for issuance of a transcript, that any or all indebtedness incurred by the person when he was a student be satisfied, or that all books or other instructional material, uniforms, athletic equipment, advances on loans, or other personal property of the school district borrowed by the person when he was a student of the district be returned. Provided, the board of trustees of a school district or its designated employees may excuse the requirements of this section upon an adequate showing of financial need or other exigency and shall not delay transfer of school records to another school district or enrollment of the student in any other school.

33-604. Renewable thermal energy.

The board of trustees of each school district is empowered to establish, create, develop, own, maintain, operate and contract for the establishment, creation, development, ownership, maintenance and operation of thermal heating and cooling energy generation and distribution systems, including hot or chilled water systems, where thermal energy is generated from biomass, geothermal or solar renewable energy.

33-605. Sales of excess energy.

The board of trustees of a school district which operates an energy system as described in section 33-604, Idaho Code, may use, sell or exchange excess thermal hot or chilled water not needed by the school district subject to the following conditions:

1. Revenues from the sale of energy as described in section 33-604, Idaho Code, shall be used for the benefit of the school district.
2. Sale of energy as described in section 33-604, Idaho Code, shall be pursuant to a school district written contract approved by resolution of the board of trustees of the school district, which resolution shall be forwarded to the state department of education.

33-701. Fiscal year — Payment and accounting of funds.

The fiscal year of each school district shall be a period of twelve (12) months commencing on the first day of July in each year.

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

1. To determine and order paid all lawful expenses for salaries, wages and purchases, whether or not there be money in the treasury for payment of warrants drawn against any fund of the district. Warrants shall be signed by the treasurer of the district and countersigned by the chairman or vice-chairman of the board of trustees.
2. To invest all or part of any plant facilities reserve fund, or any fund accumulated for the payment of interest on, and the redemption of, outstanding bonds, or other obligations of the district in bonds or certificates of indebtedness of the United States of America, or in bonds or investments permitted by sections 67-1210 and 67-1210A, Idaho Code, or warrants of the state of Idaho, or in warrants or tax anticipation notes of any county or school district of the state of Idaho, when such investments shall be due and payable on or before the date any plant facilities reserve fund shall be required to be expended or any bonds or other obligations, or interest thereon, of the investing district shall become payable.
3. To insure any schoolhouse and other property, and the district, against any loss by fire, casualty, or liability, and the board, its officers and employees, and to preserve its property for the benefit of the district. In case of loss of any insured property, any proceeds from insurance:
   1. May be expended in constructing a temporary or permanent structure, but no sum greater than the insurance proceeds shall be so expended except upon approval of a majority of the school district electors voting in an election called for that purpose; or
   2. May be placed in and made a part of the school plant facilities reserve fund of the district, if the district has such a fund; or
   3. May be placed in a separate account in the bond interest and redemption fund of the district to repay any kind of obligation incurred by the district in replacing or restoring the property for which the insurance proceeds were received, and shall not be included in the computations of bond and bond interest levies as provided in section 33-802A, Idaho Code. If the proceeds of any insurance received by a school district by reason of loss on real property shall be less than five thousand dollars ($5,000), such proceeds may be credited to the general fund of the district;
4. To pay from the general fund of the district the expense of any member of the board incurred while traveling on the business of the board, or attending any meeting called by the state board of education or by the state superintendent of public instruction, or attending any annual or special meetings of the state school trustees association, and to pay the membership fee of the board of trustees in said association. Whenever any member of the board of trustees resides at such distance from the meeting place of the board as to require, in the judgment of the board, such member to incur extraordinary expense in traveling from his home to and from said meeting place, the board may approve payment to such member of the extraordinary expense incurred in attending any meeting of the board.
5. To prepare, or cause to be prepared and published, in the manner hereinafter prescribed, within one hundred twenty (120) days from the last day of each fiscal year, an annual statement of financial condition and report of the school district as of the end of such fiscal year in a form prescribed by the state superintendent of public instruction. Such annual statement shall include, but not be limited to, the amounts of money budgeted and received and from what sources, and the amounts budgeted and expended for salaries and other expenses by category. Salaries may be reported in gross amount. Each school district shall have available at the administrative office, upon request, a full and complete list of vendors and the amount paid to each and a list of the number of teachers paid at each of the several stated gross salary levels in effect in the district.
6. To cause to be made a full and complete audit of the financial statements of the district as required in section 67-450B, Idaho Code.
7. To file annually with the state department of education such financial and statistical reports as said state superintendent of public instruction may require;
8. To order and have destroyed any canceled check or warrant, or any form of claim or voucher which has been paid, at any time after five (5) years from the date the same was canceled and paid;
9. To review the school district budget periodically and make appropriate budget adjustments to reflect the availability of funds and the requirements of the school district. Any person or persons proposing a budget adjustment under this section shall notify in writing each member of the board of trustees one (1) week prior to the meeting at which such proposal will be made. Prior to the final vote on such a proposal, notice shall be posted and published once, as prescribed in section 33-402, Idaho Code. A budget adjustment shall not be approved unless voted affirmatively by sixty percent (60%) of the members of the board of trustees. Such amended budgets shall be submitted to the state superintendent of public instruction;
10. To invest any money coming into the hands of the school district in investments permitted by section 67-1210, Idaho Code. Unless otherwise provided by law, any interest or profits accruing from the investment of any funds shall be credited to the general fund of the district.

Whenever any school district has sufficient funds on deposit to do so, it may pay any allowed claim for salaries, wages or purchases by regular bank check signed by the treasurer or assistant treasurer of the district and countersigned by the chairman, or vice-chairman, of the board of trustees.

The total amount of warrants or orders for warrants drawn on any fund, together with disbursements from such fund in any other manner made, shall not exceed ninety-five percent (95%) of the estimated income and revenue accrued or accruing to such fund for the same school year, until such income and revenue shall have been paid into the treasury to the credit of the district;

Whenever in the judgment of the board of trustees, the proceeds of any bond issue should be temporarily invested pending the expenditure of such proceeds for the purposes for which such bonds were issued, the proceeds may be invested in the manner and form hereinabove prescribed. Any interest, or profits accruing from such investments shall be used for the purposes for which the bonds were issued. Unless otherwise provided by law, any interest or profits accruing from the investment of any funds shall be credited to the general fund of the district;

For the purpose of this paragraph, the term “expense” or “extraordinary expense” shall include allowance for mileage or actual travel expense incurred;

Nothing herein provided shall be construed as limiting any school district as to any additional or supplementary statements and reports it may elect to make for the purpose of informing the public of its financial operations, either as to form, content, method, or frequency; and if all the information required herein to be published shall have been published as provided herein at regular intervals during the fiscal year covering successive portions of the fiscal year, then such information may be omitted from the annual statement of financial condition and report for such portions of the fiscal year as already have been reported.

The annual statement of financial condition and report shall be published within the time above prescribed in one (1) issue of a newspaper printed and published within the district, or, if there be none, then 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, in the county in which the school district is located, or, if more than one (1) newspaper is published in said district or county, then in the newspaper most likely to give best general notice of the contents of such annual statement of financial condition and report to the residents of said district; provided, that if no newspaper is published in the district or county, then such statement of financial condition and report shall be published in a newspaper as provided in section 60-106, Idaho Code, most likely to give best general notice of the contents to the residents of said district.

The chairman, clerk and treasurer of each school district shall certify the annual statement of financial condition and report to be true and correct, and the certification shall be included in each published statement.

In the event the board of trustees of any school district shall fail to prepare or cause to be prepared or to publish the annual statement of financial condition and report as herein required, the state superintendent of public instruction shall cause the same to be prepared and published, and the cost thereof shall be an obligation of the school district. One (1) copy of the annual statement of financial condition and report shall be retained in the office of the clerk of the board of school trustees, where the same shall be open at all times to examination and inspection by any person;

The auditor shall be employed on written contract.

One (1) copy of the audit report shall be filed with the state department of education, after its acceptance by the board of trustees, but not later than November 10. If the audit report is not received by the state department of education by November 10, the department may withhold all or a portion of the district’s November 15 distribution made pursuant to section 33-1009, Idaho Code, for noncompliance with the audit report deadline. Provided however, a district may appeal to the state board of education for reconsideration, in which case the state board of education may reinstate or adjust the funds withheld.

In the event the state department of education requests further explanation or additional information regarding a school district’s audit report, such school district shall provide a full and complete response to the state department of education within thirty (30) days of receipt of the state department’s request. If a school district fails to respond within the thirty (30) day time limit, the state department of education may withhold all or a portion of the district’s next scheduled distribution to be made pursuant to section 33-1009, Idaho Code. Provided however, a district may appeal to the state board of education for reconsideration, in which case the state board of education may reinstate or adjust the funds withheld;

33-702. School warrants — How drawn.

Whenever the board of trustees has approved and ordered payment of salaries, wages, or other claims against the school district, and the same is not paid by regular bank check, the clerk of the board of trustees shall issue a school district warrant, or order for warrant drawn against the appropriate fund, and shall sign the same.

The clerk of the board of trustees of any elementary school district with less than six (6) teachers within the district shall execute an order for warrant or warrants in duplicate, and present the same to the county auditor of the county, or of the home county, in which the district lies. The county auditor shall thereupon issue his warrant drawn against the school district fund as shown by the order for warrant.

All warrants so issued shall be presented to the treasurer of the school district for payment by the persons holding the same. If there is insufficient money to the credit of the fund on which the warrant is drawn, the treasurer shall endorse on the back of said warrant, “Not paid for want of funds” and hand the same to the person presenting the warrant for payment. Warrants so endorsed by the treasurer shall bear interest at a rate to be specified by the board of trustees of the school district.

Warrants issued by, or in behalf of, any school district shall be paid in the order of their issuance from funds accruing for the year in which they are issued. After all outstanding indebtedness for general school purposes for any one (1) year has been paid, any balance in the general school fund for that year shall be transferred to a warrant redemption fund for payment of any registered warrants. Where there is no outstanding indebtedness for general school purposes, nor any registered warrants, any such balance may be used for the payment of current expenses for the next fiscal year.

33-703. Call of warrants for payment.

The treasurer of each school district, on the first Monday of each month on which there is sufficient money in the treasury to pay any outstanding warrants, shall issue a call for the warrants which such moneys will pay. In elementary school districts the call shall be made by posting a list of the warrants called, designating each warrant by number, amount, and person to whom issued, together with a notice that said warrants are called for payment, at the front door of the county courthouse. In all other districts the call shall be made by posting such notice on or near the main door of the administrative offices of the district. The treasurer shall execute a certificate of the posting of such notice showing the date and place of posting, and file it, together with a copy of the notice posted, in the permanent files of his office. All warrants so called shall cease to bear interest at the expiration of ten (10) days from the date of posting such notice of call.

33-704. Warrants not presented within two years void.

All school district warrants not presented for payment within two (2) years after being called shall be void and shall constitute no claim against the school district by which they were issued, and the treasurers of all school districts are hereby authorized to transfer any moneys set aside for the payment of such warrants to the general school fund of their districts at the expiration of such period, and no treasurer of any school district shall pay any warrant not presented within such two (2) year period. When any such transfer is made by the treasurer of any elementary district, a certificate of such transfer shall be filed with the county auditor.

33-705. Activity funds.

1. The board of trustees of each school district, including specially chartered districts, shall create a fund or funds for the purpose of controlling and accounting for the receipts, deposits, expenditures, assets, liabilities and fund balances arising from the following transactions:

1. Admission charges for interscholastic activities.
2. The sale of yearbooks and annuals.
3. Student fee collections which are used to provide more than one (1) activity or benefit to all of the students of a school or school building.
4. Receipts from vending machines located on school property.

2. For each fund created the board of trustees shall promulgate policies:

(a) Describing with reasonable certainty the nature and type of expenditures which may be made therefrom.

(b) Setting forth the requirements for the expenditures and withdrawal of such moneys.

3. The treasurer of the district shall provide accounting procedures for the receipt, deposit, expenditure and withdrawal of such moneys and procedures for monthly reporting to the board of trustees of the transactions, assets, liabilities and fund balance for each such fund.

4. For other activity or student funds including, but not limited to, custodial funds, the board of trustees may create a separate fund or funds and promulgate policies to provide for accounting and control thereof.

5. Nothing in this section limits the power of the board of trustees of any school district from promulgating policies or imposing further controls, requirements, accounting and reporting procedures with respect to any funds or moneys of the district or moneys which it holds as custodian for the students.

6. Disbursements from any of the funds created under this section shall be made by regular bank check signed by the treasurer or assistant treasurer of the district and countersigned by the chairman or vice chairman of the board of trustees or other employee of the district designated by the board of trustees.

33-801. School district budget.

No later than twenty-eight (28) days or, if the conditions provided for in section 33-804(4), Idaho Code, have been met, fourteen (14) days prior to its regular July meeting, the board of trustees of each school district shall have prepared a budget, in form prescribed by the state superintendent of public instruction, and shall have called and caused to be held a public hearing thereon, and at such public hearing, or at a special meeting held no later than fourteen (14) days after the public hearing, shall adopt a budget for the ensuing year. Notice of the hearing shall be posted, and published as prescribed in section 33-402, Idaho Code, and a record of the hearing shall be kept by the clerk of the board of trustees. At the time said notice is given and until the date of the hearing, a copy of the budget shall be available for public inspection at all reasonable times at the administrative offices of the school district, or at the office of the clerk of the district. The board of trustees of each school district shall also prepare and publish, as a part of such notice, a summary statement of the budget for the current and ensuing years. Such statement shall be prepared in a manner consistent with standard accounting practices and in such form as the state superintendent of public instruction shall prescribe, and, among other things, said statement shall show amounts budgeted for all major classifications of income and expenditures, with total amounts budgeted for salary and wage expenditures in each such classification shown separately. Such statement shall show amounts actually expended for the two (2) previous years for the same classification for purposes of comparison. The budgeted dollar amounts of revenue in those categories included within the provisions of section 33-802, Idaho Code, as approved within the adopted budget shall be the same as presented to the respective county commissioners for tax levy purposes.

33-801A. General fund contingency reserve.

The board of trustees of any school district may create and establish a general fund contingency reserve within the annual school district budget. Such general fund contingency reserve shall not exceed five per cent (5%) of the total general fund budget, or the equivalent value of one (1) support unit computed as required by section 33-1002, Idaho Code, whichever is greater. Disbursements from said fund may be made by resolution from time to time as the board of trustees determines necessary for contingencies that may arise. The balance of said fund shall not be accumulated beyond the budgeted fiscal year. If any money remains in the contingency reserve it shall be treated as an item of income in the following year’s budget.

33-802. School levies.

Any tax levied for school purposes shall be a lien on the property against which the tax is levied. The board of trustees shall determine the levies upon each dollar of taxable property in the district for the ensuing fiscal year as follows:

1. Bond, Interest and Judgment Obligation Levies. Such levies as shall be required to satisfy all maturing bond, bond interest, and judgment obligations.
2. Budget Stabilization Levies. School districts not receiving state equalization funds in fiscal year 2006 may authorize a budget stabilization levy for calendar year 2006 and each year thereafter. Such levies shall not exceed the difference between the amount of equalized funds that the state department of education estimates the school district will receive in fiscal year 2007, based on the school district’s fiscal year 2006 reporting data, and the combined amount of money the school district would have received from its maintenance and operation levy and state property tax replacement funds in fiscal year 2007 under the laws of the state of Idaho as they existed prior to amendment by the first extraordinary session of the fifty-eighth Idaho legislature. The state department of education shall notify the state tax commission and affected counties and school districts of the maximum levy amounts permitted, by no later than September 1, 2006.
3. Supplemental Maintenance and Operation Levies. No levy in excess of the levy permitted by this section shall be made by a noncharter district unless such a supplemental levy in a specified amount and for a specified time not to exceed two (2) years be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election. A levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees in the second year.
4. Charter District Supplemental Maintenance and Operation. Levies pursuant to the respective charter of any such charter district shall be first authorized through an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code, and approved by a majority of the district electors voting in such election.
5. The board of trustees of any school district that has, for at least seven (7) consecutive years, been authorized through an election held to certify a supplemental levy that has annually been equal to or greater than twenty percent (20%) of the total general maintenance and operation fund, may submit the question of an indefinite term supplemental levy to the electors of the school district. Such question shall clearly state the dollar amount that will be certified annually and that the levy will be for an indefinite number of years. The question must be approved by a majority of the district electors voting on the question in an election held subject to the provisions of section 34-106, Idaho Code, and pursuant to title 34, Idaho Code. The levy approved pursuant to this subsection may be reduced by a majority vote of the board of trustees during any fiscal year.

33-802A. Computation of bond and bond interest levies.

When the board of trustees of any school district determines and makes a levy allowed by section 33-802, Idaho Code, and incorporates such levy as a part of the school district’s budget to service all maturing bond and bond interest payments for the ensuing fiscal year, it shall take into consideration any state bond levy equalization funds provided pursuant to section 33-906, Idaho Code, and any balances remaining or that may remain in its bond interest and redemption fund after meeting its bond and bond interest obligations for its current fiscal year. The levy so made for the ensuing fiscal year shall be an amount which, together with any state bond levy equalization funds provided pursuant to section 33-906, Idaho Code, and the balance in its bond interest and redemption fund remaining after meeting its current fiscal year bond and bond interest obligations, shall satisfy all maturing bond and bond interest payments for at least the ensuing twelve (12) months, and not to exceed the ensuing twenty-one (21) months counted from July 1 of the current calendar year.

33-803. Levy for education of children of migratory farm workers.

In any school district in which there is located any farm labor camp and the children of migratory farm workers housed therein attend the schools of the district, the board of trustees may make a levy not exceeding one-tenth of one percent (.1%) of the market value for assessment purposes on all taxable property within the district, in addition to any other levies authorized by law, for the cost of educating such children.

Whenever the aggregate of the levy herein authorized and other levies made for maintenance and operation of the district shall exceed six-tenths of one percent (.6%) of the market value for assessment purposes on all taxable property within the district, the levy authorized by this section must be approved by the school district electors at a tax levy election held for that purpose. Notice of such election shall be given, the election shall be conducted, and the returns thereof made, as provided in title 34, Idaho Code; and the question shall be approved only if a majority of the qualified electors voting at such election vote in favor thereof.

33-804. School plant facilities reserve fund levy.

In any school district in which a school plant facilities reserve fund has been created, either by resolution of the board of trustees or by apportionment to new districts according to the provisions of section 33-901, Idaho Code, to provide funds therefor the board of trustees shall submit to the qualified school electors of the district the question of a 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 ten (10) years.

The question of a levy to be submitted to the electors of the 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 held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and the dollar amount to be collected shall be approved only if:

1. Fifty-five percent (55%) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness 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;
2. Sixty percent (60%) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness 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
3. Two-thirds (2/3) of the electors voting in such election are in favor thereof if the levy will result in a total levy for school plant facilities and bonded indebtedness 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.
4. In any fiscal year in which the state department of education certifies that the statewide per support unit funding for salary-based apportionment and discretionary funds has decreased, in the aggregate, from the prior fiscal year, the board of trustees of any school district with a previously approved plant facilities levy may submit to the qualified electors of the school district the question of converting a previously approved plant facilities levy to a supplemental levy, subject to the following:
   1. The term of the supplemental levy shall not exceed the lesser of two (2) years or the remaining term on the previously approved plant facilities levy; and
   2. The first tax year of conversion shall be the one in which the revenues collected will accrue to the fiscal year in which the state department of education certifies that the condition stated in subsection 4. of this section exists; and
   3. Up to one hundred percent (100%) of the previously approved plant facilities levy amount may be converted; and
   4. Conversion of a plant facilities levy to a supplemental levy shall not affect any other supplemental levy; and
   5. The question to be submitted to the electors of the district and the notice of such election shall state the dollar amount proposed to be converted each year, the number of years to be converted, the percentage of the plant facilities levy that is proposed for conversion, and the purposes for which such funds shall be used; and
   6. Prior to January 1, 2011, the election notice shall be given, the election shall be conducted and the returns canvassed as provided in chapter 4, title 33, Idaho Code. On and after January 1, 2011, the election notice shall be given, the election shall be held subject to the provisions of section 34-106, Idaho Code, and conducted and the returns canvassed as provided in title 34, Idaho Code; and
   7. The dollar amount to be converted and collected shall be approved only if a majority of the electors voting in the election are in favor; and
   8. Upon expiration of the term of conversion, the supplemental levy shall revert to the previously approved plant facilities levy for any approved years remaining on the balance of its term; and
   9. Any years in which a previously approved plant facilities levy is converted to a supplemental levy pursuant to this subsection shall count against the years for which the plant facilities levy was approved; and
   10. If a majority of the electors voting in the election fail to vote in favor, the previously approved plant facilities levy shall not be affected.

If the question be approved, the board of trustees 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 ten (10) 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 board of trustees may submit to the qualified school electors in the same manner as before, the question whether the number of years, 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. Any bonded indebtedness incurred in accordance with the provisions of section 33-1103, Idaho Code, subsequent to the approval of a plant facilities reserve fund levy shall not affect the terms of that levy for any time during which such levy is in effect.

33-804A. School plant facilities reserve fund levy for safe school facilities.

1. Definition. As used in this section, public school facilities mean the physical plant of improved or unimproved real property owned or operated by a school district, including school buildings, administration buildings, playgrounds, athletic fields, etc., used by schoolchildren or school district personnel in the normal course of providing a general, uniform and thorough system of public, free common schools, but does not include areas, buildings or parts of buildings closed from or not used in the normal course of providing a general, uniform and thorough system of public, free common schools. The aspects of a safe environment conducive to learning as provided by section 33-1612, Idaho Code, that pertain to the physical plant used to provide a general, uniform and thorough system of public, free common schools are hereby defined as those necessary to comply with the safety and health requirements set forth in this section.
2. Whenever under applicable law a board of trustees of a school district has identified on the basis of an independent inspection of the district’s school facilities that some of those school facilities fail to comply with codes addressing safety and health standards for facilities (including electrical, plumbing, mechanical, elevator, fire safety, boiler safety, life safety, structural, snow loading, and sanitary codes) adopted by or pursuant to the Idaho uniform school building safety act, chapter 80, title 39, Idaho Code, adopted by the state fire marshal, adopted by generally applicable local ordinances, or adopted by rule of the state board of education and applicable to school facilities, and that those school facilities that do not comply with codes addressing unsafe or unhealthy conditions contain unsafe or unhealthy conditions that cannot be abated with the school district’s income from current sources, that school district shall be eligible to participate in the Idaho safe schools facilities loan program administered by Idaho banks. Eligibility to participate in the Idaho safe schools facilities loan program shall not affect or disqualify any school district from eligibility to participate in any other program to abate unsafe or unhealthy conditions.
3. In any school district in which a school plant facilities reserve fund has been created, the period for which the school plant facilities reserve fund levy may be in effect may extend beyond ten (10) years but not to exceed twenty (20) years, provided that:
   1. The board of trustees shall determine that all or a portion of the amount to be collected each year during the period of years in which the levy is collected is made to abate, repair or replace school facilities with unsafe or unhealthy conditions.
   2. The question of the levy to be submitted to the electors of a 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 to be made to abate, repair or replace school facilities for the purpose of providing buildings complying with codes defining safe and healthy conditions as required by applicable law.
   3. The election for such a levy conducted pursuant to this section shall be held on one (1) of the days authorized by section 34-106, Idaho Code. The provisions of section 33-804, Idaho Code, that are not modified by this section shall apply to levies made pursuant to this section.

33-805. School emergency fund levy.

Before the second Monday of September in each year, the board of trustees of any school district which qualifies under the provisions of this section may certify its need hereunder to the board of county commissioners in each county in which the district may lie, and request a school emergency fund levy upon all taxable property in the district.

The board of trustees shall compute the number of pupils in average daily attendance in the schools of the district as of such date, and if there be pupils in average daily attendance above the number in average daily attendance for the same period of the school year immediately preceding the board shall:

1. Divide the total of the foundation program allowance based on said last annual report by the total number of pupils in average daily attendance shown thereon;
2. Multiply the quotient so derived by the number of additional pupils in average daily attendance.

The number of pupils in average daily attendance for each period and the amount so computed shall be certified to the board of county commissioners of the county in which the district lies.

In the case of a joint district, the board of trustees shall certify to the board of county commissioners of each county in which the district lies, to each, that proportion of the amount computed, as hereinabove, as the assessed value of taxable property within the district situate in each such county bears to the total assessed value of all taxable property in the district.

After receiving the amounts certified, as hereinabove provided, the board, or boards, of county commissioners shall determine the levy according to section 63-805(3), Idaho Code, as amended; and the proceeds of any such levy shall be credited to the general fund of the district.

The school district shall advertise its intent to seek an emergency levy pursuant to this section by publishing in at least the newspaper of largest paid circulation published in the county of the district, or if there is no such newspaper, then in a newspaper published nearest to the district where the advertisement is required to be published. For purposes of this section, the definition of “newspaper” shall be as established in sections 60-106 and 60-107, Idaho Code; provided further that the newspaper of largest circulation shall be established by the statement of average annual paid weekday circulation listed on the newspaper’s sworn statement of ownership that was filed with the United States post office on a date most recently preceding the date on which the advertisement required in this section is to be published. The advertisement shall be run when the school district ascertains that it will request an emergency school fund levy as provided in this section and shall be published once a week for two (2) weeks following action by the board of trustees.

The form and content of the notice shall be substantially as follows:

33-806. School special assistance levy. [Repealed.]

33-807. Certification of levies.

The board of trustees of each school district, having determined the levies required for the several purposes authorized by law, shall, not later than the second Monday of September in each year, certify said levies to the board of county commissioners in each county in which the district may lie. Said certification shall show the name and number of the school district, the school fiscal year for which such levies are to be made, and shall list separately each levy if more than one (1), and the purpose of each thereof. In certifying the levy required to service bond issues, the board of trustees shall report the amount of available moneys in the “bond interest and redemption fund” at the time of certification and the amount required to service bond issues in the ensuing fiscal year in addition to the levy determined for such purpose.

33-808. Notice of adjustment to market value for assessment purposes upon termination of a revenue allocation area.

1. A charter district with a maintenance and operation levy in the immediately previous year that shall adjust its market value for assessment purposes in accordance with the provisions of section 33-802(6), Idaho Code, relating to termination of a revenue allocation area, shall advertise its action by publishing in at least the newspaper of largest paid circulation published in the county of the district, or if there is no such newspaper, then in a newspaper published nearest to the district where the advertisement is required to be published.
2. For purposes of this section, the definition of “newspaper” shall be as established in sections 60-106 and 60-107, Idaho Code; provided further, that the newspaper of largest circulation shall be established by the statement of average annual paid weekday circulation listed on the newspaper’s sworn statement of ownership that was filed with the United States post office on a date most recently preceding the date on which the advertisement required in this section is to be published. The advertisement shall be run when the school district ascertains that it will adjust its market value for assessment purposes in accordance with the provisions of section 33-802(6), Idaho Code, relating to termination of a revenue allocation area, and shall be published once a week for two (2) weeks following action by the board of trustees.
3. The form and content of the notice shall be substantially as follows:

33-901. School plant facilities reserve fund.

The board of trustees of any school district may create and establish a school plant facilities reserve fund by resolution adopted at any regular or special meeting of the board. All moneys for said fund accruing from taxes levied under section 33-804, Idaho Code, together with interest accruing from the investment of any moneys in the fund and any moneys allowed for depreciation of school plant facilities as are appropriated from the general fund of the district, shall be credited by the treasurer to the school plant facilities reserve fund.

Disbursements from said fund may be made from time to time as the board of trustees may determine, for purposes authorized in section 33-1102, Idaho Code, and for lease and lease purchase agreements for such purposes and to repay loans from commercial lending institutions extended to pay for the construction of school plant facilities, but no expenditure for remodeling existing buildings shall be authorized and made unless the estimated cost thereof shall exceed five thousand dollars ($5,000). Lease purchase agreements shall not extend beyond the period designated for any existing school plant facilities reserve fund levy. Expenditures may also be made from this fund for participation by the school district in any local improvement district in which the school district may be situate, but any such participation shall not create a lien upon any of the property owned by the school district.

Should any school district having a balance in its school plant facilities reserve fund be consolidated with one or more school districts to form a new school district, the moneys in such fund shall be used to retire any bonds issued by it and outstanding at the time of the consolidation. If there are no bonds outstanding, any balance in its school plant facilities reserve fund shall accrue to the new district to be added to or to create and establish a school plant facilities reserve fund.

Should any school district having a balance in its school plant facilities reserve fund be divided so as to create two (2) or more new districts the said fund may be used to retire any bonds issued by it and outstanding at the time of the division, or the said fund may be divided among the new school districts, as may be approved by the electors at the time of the division. If the fund is divided among the new districts, a school plant facilities reserve fund is thereby created and established for each district.

The board of trustees of any school district having a school plant facilities reserve fund created and established under any of the provisions of this section, may discontinue the same by resolution adopted at any regular meeting of the board. Upon such discontinuance, any balance in the fund shall be used to retire any outstanding bonds, if any; otherwise, the balance may be transferred to the general fund of the district.

Moneys in the school plant facilities reserve fund being held for future use may be invested in the manner of section 57-127, Idaho Code.

A detailed financial report of the operations in and the condition of the school plant facilities reserve fund shall be included in the annual report of each district. Forms for such reporting shall be provided by the state board of education. Such report shall be published as provided by law for the publication of annual reports of school districts.

33-902. Public school permanent endowment fund.

1. There is established in the state treasury the public school permanent endowment fund. This fund is perpetually appropriated for the beneficiaries of the endowment. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The fund principal shall forever remain intact. The fund shall be a permanent fund and shall consist of the following:
   1. Proceeds from the sale of lands granted to the state by the federal government, known as public school endowment lands, and lands granted in lieu of public school endowment school lands;
   2. Lands, money or other property acquired by gift or grant from any person or corporation or under any law or grant of the federal government for general educational purposes;
   3. All other grants of lands or money made to the state from the federal government for general educational purposes where no other purpose is indicated in the grant;
   4. All estates or distributive shares of estates that may escheat to the state;
   5. All unclaimed shares and dividends of any corporation incorporated under the laws of the state;
   6. Proceeds of royalties arising from the extraction of minerals on public school land owned by the state;
   7. Other proceeds and avails as are required by law of the federal government or of the state of Idaho to be made a part of the fund; and
   8. Moneys allocated from the public school earnings reserve fund.
2. Public school endowment land sale proceeds may be deposited into the land bank fund established in section 58-133, Idaho Code, to be used to acquire other lands within the state for the benefit of the endowment beneficiaries. If proceeds from the sale of public school endowment lands are not used to acquire other lands in accordance with section 58-133, Idaho Code, the proceeds from the sale shall be deposited into the public school permanent endowment fund along with any earnings on the proceeds.
3. Earnings from the investment of the public school permanent endowment fund shall be distributed according to the provisions of section 57-723A, Idaho Code.

33-902A. Public school earnings reserve fund.

1. There is established in the state treasury the public school earnings reserve fund. The fund shall be managed and invested by the endowment fund investment board according to law and the policies established by the state board of land commissioners. The public school earnings reserve fund shall consist of the following:
   1. All earnings of the public school permanent endowment fund;
   2. Proceeds of the sale of timber on public school endowment lands;
   3. Proceeds of leases of public school endowment lands;
   4. Proceeds of interest charged upon deferred payments on public school endowment lands or timber on those lands;
   5. Earnings on contracts for the sale of timber and the sale of lands related to the public school endowment; and
   6. All other proceeds received from the use of public school endowment lands and not otherwise designated for deposit in the public school permanent endowment fund.
2. Moneys shall be distributed out of the public school earnings reserve fund only to support the beneficiaries of the public school endowment, including distributions by the state board of land commissioners to the public school permanent endowment fund and the public school income fund; provided, that funds shall not be appropriated by the legislature from the public school earnings reserve fund except to pay for administrative costs incurred managing the assets of the public school endowment including, but not limited to, real property and monetary assets.

33-903. Public school income fund.

1. The public school income fund is that fund in the treasury of the state of Idaho to which are credited the following:
   1. Moneys distributed from the public school earnings reserve fund and other sources the legislature deems appropriate;
   2. Proceeds of all state taxes levied for public school purposes;
   3. Grants of moneys from the federal government for public school purposes when other disposition is not specified by law;
   4. Ninety percent (90%) of any moneys received by any department of state government from the federal government from sales, royalties, bonuses or rentals of oil, gas or mineral lands;
   5. Legislative appropriations in support of the public schools, and other moneys required by the law of the federal government or of the state of Idaho to be made a part of and credited to the fund.
2. Earnings on the investment of idle moneys in the public school income fund shall be paid to the public school income fund.
3. Moneys in the public school income fund shall be used for the benefit of beneficiaries of the public school endowment and distributed to current beneficiaries of the public school endowment pursuant to legislative appropriation.

33-904. County school fund.

The county school fund is that fund in the treasury of each county in the state to which are credited the proceeds of moneys collected from fines, forfeitures or breaches of the penal laws of the state when other disposition is not provided by law; and such other proceeds and avails as may be required by law to be credited thereto.

33-905. School district building account — Payments to account — Moneys appropriated to state board — Application for moneys — Payments to districts — Reports on applications — Uses of moneys.

1. The state of Idaho, in order to fulfill its responsibility to establish and maintain a general, uniform and thorough system of public, free common schools, hereby creates and establishes the school district building account in the state treasury. The school district building account shall have paid into it such appropriations or revenues as may be provided by law.
2. By not later than August 31, moneys in the account pursuant to distribution from section 67-7434, Idaho Code, the lottery dividends and interest earned thereon, shall be distributed to each of the several school districts, in the proportion that the average daily attendance of that district for the previous school year bears to the total average daily attendance of the state during the previous school year. For the purposes of this subsection (2) only, the Idaho school for the deaf and the blind shall be considered a school district, and shall receive a distribution based upon the average daily attendance of the school. Average daily attendance shall be calculated as provided in section 33-1002(3), Idaho Code. For the purposes of this subsection (2) only, any school for the deaf and the blind operated by the Idaho bureau of educational services for the deaf and the blind shall be considered a school district, and shall receive a distribution based upon the average daily attendance of the school.
3. Any other state moneys that may be made available shall be distributed to meet the requirements of section 33-1019, Idaho Code. If the amount of such funds exceeds the amount needed to meet the provisions of section 33-1019, Idaho Code, then the excess balance shall be transferred to the public education stabilization fund.
4. All payments from the school district building account shall be paid out directly to the school district in warrants drawn by the state controller upon presentation of proper vouchers from the state board of education. Pending payments out of the school district building account, the moneys in the account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other idle moneys in the state treasury. Interest earned on the investments shall be returned to the school district building account.
5. Payments from the school district building account received by a school district shall be used by the school district for the purposes authorized in section 33-1019, Idaho Code, up to the level of the state match so required. Any payments from the school district building account received by a school district that are in excess of the state match requirements of section 33-1019, Idaho Code, may be used by the school district for the purposes authorized in section 33-1102, Idaho Code.

33-906. Bond levy equalization support program.

1. Pursuant to section 33-906B, Idaho Code, school districts with a value index below one (1) shall be eligible to receive additional state financial assistance for the cost of annual bond interest and redemption payments made on bonds passed on or after September 15, 2002. However, any school district with a value index of less than one and one-half (1.5), shall receive no less than ten percent (10%) of the interest cost portion of the annual bond interest and redemption payment for bonds passed on or after September 15, 2002. The state department of education shall disburse such funds to school districts from moneys appropriated from the bond levy equalization fund. The department shall disburse the funds by no later than September 1 of each year for school districts in which voters have approved the issuance of qualifying bonds by no later than January 1 of that calendar year, and which are certifying a qualifying bond interest and redemption payment for the fiscal year in which the disbursement is made. For districts with a value index below one (1), the percentage of each annual bond interest and redemption payment that is paid by the state shall be determined by dividing the difference between one (1) and the school district’s value index by one (1).
2. For the purposes of this section, the annual bond interest and redemption payment shall be determined by dividing the total payment amounts by the number of fiscal years in which payments are to be made. The interest cost portion of the annual bond interest and redemption payment shall be determined by dividing the total interest paid by the number of fiscal years in which payments are to be made. For school districts not qualifying for a state payment in the first year of the bond interest and redemption payment schedule, due solely to the January 1 eligibility deadline, the state department of education shall distribute an additional payment in the next fiscal year, in the amount of such funds that the school district would have otherwise qualified for in the current fiscal year.
3. The provisions of this section may not be utilized to refinance existing debt or subsidize projects previously subsidized by state grants, unless the existing debt being refinanced is a bond passed on or after September 15, 2002; provided however, that any school district that has issued qualifying bonds prior to June 30, 2004, in conformance with this section shall not be deemed to be refinancing existing debt when the qualifying bonds are utilized to finance the acquisition of public school facilities previously leased or financed through means other than the issuance of general obligation bonds approved by a two-thirds (2/3) vote at an election called for that purpose subject to subsection (5) of this section.
4. School districts shall annually report the status of all qualifying bonds to the state department of education by January 1 of each year, including bonds approved by the voters, but not yet issued. Information submitted shall include the following:
   1. The actual or estimated bond interest and redemption payment schedule;
   2. Any qualifying bond that has been paid off; (c) Other information as may be required by the state department of education.
5. No school district project eligible for participation in the bond levy equalization support program shall be deemed ineligible for participation due to that school district project’s eligibility and prior participation in the safe school facilities loan and grant program or the Idaho safe schools facilities program under section 33-804A, 33-1017 or 33-1613, Idaho Code, provided that:
   1. Such school district notifies the state department of education of its desire and eligibility to participate in the bond levy equalization support program; and
   2. Such school district shall receive no state financial assistance for the project under the bond levy equalization support program until the amount to which it would otherwise have been entitled to receive shall equal the amounts received by the school district under the safe school facilities loan and grant program or the Idaho safe schools facilities program under section 33-804A, 33-1017 or 33-1613, Idaho Code.
6. Any school district formed as a result of the consolidation of two (2) or more school districts that passes an eligible bond within three (3) years of the successful consolidation election shall participate in the bond levy equalization support program at the district’s actual value index minus twenty-five hundredths (.25). This adjustment shall apply for the duration of the bond interest and redemption payment schedule. If a school district advantaged by this subsection (6) deconsolidates either during the applicable bond interest and redemption payment schedule, or within a three (3) year period thereafter, each deconsolidated district shall, upon deconsolidation, repay to the bond levy equalization fund all additional subsidies received pursuant to this subsection (6). The proportions owed by each deconsolidated district shall be determined by the proportion that each district’s market value for assessment purposes bears to the whole.

33-906A. Bond levy equalization fund.

There is hereby created in the state treasury a bond levy equalization fund. This fund shall contain such moneys as may be directed pursuant to appropriation. Moneys in the fund shall be used exclusively to make the payments authorized by the bond levy equalization program created in section 33-906, Idaho Code. Moneys in the fund are hereby continuously appropriated for the purposes stated in section 33-906, Idaho Code, and shall only be expended for the purposes stated therein.

33-906B. Value index calculation.

The state department of education shall establish a value index for each school district, based on each school district’s market value per support unit for equalization purposes, the average annual seasonally-adjusted unemployment rate in the county in which a plurality of the school district’s market value for assessment purposes of taxable property is located and the per capita income in the county in which a plurality of the school district’s market value for assessment purposes is located. The value index for each school district shall be calculated as the sum of the following three (3) components:

1. The state department of education shall annually calculate each school district’s market value per support unit, based on the market values that would be used to calculate a bond levy, and the statewide average. The first portion of the value index shall be calculated by dividing the school district’s figure by the statewide average figure and dividing the result of this calculation by two (2).
2. The second portion of the value index shall be calculated by dividing the statewide unemployment rate by the unemployment rate in the county in which a plurality of the school district’s market value for assessment purposes of taxable property is located, and dividing the result of this calculation by four (4). For the purposes of this subsection, the statewide unemployment rate and county unemployment rates shall be based on the most recent average annual seasonally-adjusted unemployment rate data reported by the United States department of labor, for which there is a complete calendar year of data.
3. The third portion of the value index shall be calculated by dividing the county per capita income in the county in which a plurality of the school district’s market value for assessment purposes of taxable property is located by the statewide per capita income, and dividing the result of this calculation by four (4). For the purposes of this subsection, the statewide per capita income and county per capita income shall be based on the most recent data reported by the United States department of commerce, for which there is a complete calendar year of data.

If a bond is passed by a subdistrict created pursuant to section 33-351, Idaho Code, the index used shall be that of the school district. For subdistricts created as a result of consolidation, for the purposes of retiring prior bonded indebtedness, pursuant to section 33-311, Idaho Code, the subdistrict shall retain the value index factor calculated in subsection (1) of this section, as such factor was calculated in the subdistrict’s last fiscal year as a separate school district. The remaining components of the subdistrict’s value index calculation shall be that of the consolidated school district, as calculated each year.

33-907. Public education stabilization fund.

There is hereby created in the state treasury a fund to be known as the public education stabilization fund, which shall function as a fund detail of the public school income fund. The fund shall consist of moneys transferred to the fund according to the provisions of sections 33-905, 33-1018 and 33-1018C, Idaho Code, and any other moneys made available through legislative transfers or appropriations. Moneys in the fund are hereby continuously appropriated for the purposes stated in sections 33-1018 and 33-1018B, Idaho Code, and shall only be expended for the purposes stated in sections 33-1018, 33-1018A and 33-1018B, Idaho Code. Any accumulated balances in the fund that are in excess of eight and one-third percent (8.334%) of the current fiscal year’s total appropriation of state funds for public school support shall be transferred to the bond levy equalization fund. Interest earned from the investment of moneys in the fund shall be retained in the fund.

33-908. [Reserved.]

1. In fulfillment of the constitutional requirement to provide a general, uniform and thorough system of public, free common schools, it is the intent of the state of Idaho to advance its responsibility for providing a safe environment conducive to learning by providing a public school facilities funding program to enable qualifying school districts to address unsafe facilities identified as unsafe under the standards of the Idaho uniform school building safety act.
2. Participation in the program, for the purpose of obtaining state financial support to abate identified school building safety hazards, requires submission of an application to the public school facilities cooperative funding program panel. Application can be made by:
   1. Any school district that has failed to approve at least one (1) or more bond levies for the repair, renovation or replacement of existing unsafe facilities, within the two (2) year period immediately preceding submission of the application; or
   2. The administrator of the division of building safety, for a school district that has failed to address identified unsafe facilities as provided in chapter 80, title 39, Idaho Code.
3. There is hereby created within the office of the state board of education the Idaho public school facilities cooperative funding program panel, hereafter referred to as the panel. The panel shall consist of the administrator of the division of building safety, the administrator of the division of public works and the executive director of the state board of education, or a designee appointed by a panel member. It shall be the duty of the panel to consider all applications made to it, and to approve, modify or reject an application based upon the most economical solution to the problem, as analyzed within a projected twenty (20) year time frame.
4. The application shall contain the following information:
   1. The identified school building safety hazards and such other information necessary to document the deficiencies;
   2. The school district’s plan for abating the defects, including costs and sources and amounts of revenue available to the school district;
   3. The market value for assessment purposes of the school district; and
   4. A detailed accounting of all bond and plant facility levies of the school district and the revenues raised by such levies.
5. 1. If the panel determines that it requires additional plans and information, it may authorize the expenditure of up to one hundred fifty thousand dollars ($150,000) per application from the public school facilities cooperative fund for the procurement thereof. In considering an application, the panel shall determine whether the plan as proposed is acceptable, or is acceptable with modifications as determined by the panel, or should be rejected. If the application is approved or approved with modifications, any expenditures authorized by the panel pursuant to this subsection shall be added to the project. The panel shall notify the applicant of its decision, in writing, within ninety (90) days of receiving the application. At the same time the panel notifies the applicant, the panel shall send notification of an approved application or a modified application to the state board of education, along with the panel’s specifications for the project and its cost. (b) The panel may, upon the recommendation of the district supervisor, authorize modifications to the approved plan at any time prior to the completion of the project, giving consideration to the interests of the school district, the students and the electors in its determination. Such modification may alter the scope of work or terminate the approved plan. All modifications must meet the standards as outlined in this section. (5)(a) If the panel determines that it requires additional plans and information, it may authorize the expenditure of up to one hundred fifty thousand dollars ($150,000) per application from the public school facilities cooperative fund for the procurement thereof. In considering an application, the panel shall determine whether the plan as proposed is acceptable, or is acceptable with modifications as determined by the panel, or should be rejected. If the application is approved or approved with modifications, any expenditures authorized by the panel pursuant to this subsection shall be added to the project. The panel shall notify the applicant of its decision, in writing, within ninety (90) days of receiving the application. At the same time the panel notifies the applicant, the panel shall send notification of an approved application or a modified application to the state board of education, along with the panel’s specifications for the project and its cost. (b) The panel may, upon the recommendation of the district supervisor, authorize modifications to the approved plan at any time prior to the completion of the project, giving consideration to the interests of the school district, the students and the electors in its determination. Such modification may alter the scope of work or terminate the approved plan. All modifications must meet the standards as outlined in this section.
6. If an application received from a school district is accepted or modified by the panel, the local board of trustees of that school district, at the next election held pursuant to section 34-106, Idaho Code, shall submit the question to the qualified electors of the school district of whether to approve a bond in the amount of the cost of the project as approved by the panel.
7. Within thirty-five (35) calendar days of receiving notification from the panel that an application submitted by the administrator of the division of building safety pursuant to subsection (2)(b) of this section has been approved or modified by the panel, or within thirty-five (35) calendar days of receiving certification from the panel that the question submitted to the electorate pursuant to subsection (6) of this section was not approved in the election, the state board of education shall appoint a district supervisor for interim state supervision of the local school district. The district supervisor shall be responsible for ensuring that the project, as approved by the panel, is completed and shall regularly report to the panel in a manner as determined by the panel upon approval of the project. The district supervisor shall also have the authority granted to said position by the provisions of section 6-2212, Idaho Code. A district supervisor’s term of service shall continue for the duration of the project, and such person appointed as a district supervisor shall serve at the pleasure of the state board of education.
8. The abatement of unsafe public school facilities through the public school facilities cooperative funding program shall be performed exclusively in accordance with the regular permitting, plan review and inspection requirements of the division of building safety. The state fire marshal shall have exclusive authority to perform the powers and duties prescribed in section 41-254, Idaho Code, for such facilities while the unsafe condition is being abated and under the jurisdiction of the panel-appointed district supervisor. The Idaho building code board shall function as a board of appeals for the division of building safety for such construction in accordance with the provisions of section 39-4107, Idaho Code. Upon successful completion of the construction in accordance with applicable building codes, a certificate of occupancy shall be issued by the administrator of the division of building safety. Upon issuance of a certificate of occupancy, responsibility for ensuring the safety of the facility or portion thereof so constructed will then be returned to the school district and responsibility for ensuring subsequent compliance with building codes returned to the authority having jurisdiction.
9. Upon approval of an application or a modified application submitted by the administrator of the division of building safety pursuant to subsection (2)(b) of this section, or upon receipt of certification from the county that the question submitted to the electorate pursuant to subsection (6) of this section was not approved in the election, the panel shall certify the cost of the project, as approved by the panel, to the state department of education. (a) The total cost of the project shall initially be paid by the state from the public school facilities cooperative fund. If the district supervisor determines that the amount approved by the panel is insufficient to complete the project in a satisfactory manner, the panel may request a legislative appropriation of additional moneys from the public school facilities cooperative fund. If such an appropriation is approved, these additional moneys shall be added to the cost of the project.
   1. The total cost of the project shall initially be paid by the state from the public school facilities cooperative fund. If the district supervisor determines that the amount approved by the panel is insufficient to complete the project in a satisfactory manner, the panel may request a legislative appropriation of additional moneys from the public school facilities cooperative fund. If such an appropriation is approved, these additional moneys shall be added to the cost of the project.
   2. The district’s share of costs shall be based upon actual funds expended. The district’s share of costs that may be repaid through the levy provisions of this section shall not exceed the district’s share of bond payment costs as calculated for the bond levy equalization support program in the fiscal year in which the application is made. Interest shall be charged on the unpaid balance of the district’s share of costs, as such balance exists at the end of each fiscal year, at the rate of interest earned by the state treasurer on the investment of idle funds in that fiscal year.
   3. It shall be the responsibility of the state department of education to calculate a state-authorized plant facilities levy rate in accordance with the provisions of subsection (10) of this section, which, when imposed over a maximum period not to exceed twenty (20) years, may yield the revenues needed to repay the school district’s share of the cost of the project.
   4. The levy rate calculated by the state department of education shall be certified by the department to the county or counties wherein the boundaries of the school district are contained, for assessment of the levy and collection of the revenues by such county or counties in the manner provided by law. The revenues collected by imposition of the state-authorized plant facilities levy shall be remitted to the state treasurer for deposit to the public school facilities cooperative fund.
10. The annual state-authorized plant facilities levy rate shall be limited to the greater of:
    1. The difference between the school district’s combined bond and plant facilities levy rates, and the statewide average bond and plant facility levy rates; or
    2. The statewide average plant facility levy rate.

For applications initiated by the administrator of the division of building safety pursuant to subsection (2)(b) of this section, the school district shall provide the information required in this subsection if such information is not available to the administrator.

The initial levy rate so calculated shall be established as the minimum levy rate that shall be imposed for the amount of time required to reimburse the state for the school district’s share of the project cost, but not to exceed twenty (20) years, even if this period would not provide reimbursement of the entire amount of the school district’s share of the cost of the project. The state department of education is authorized and directed to recalculate the levy rate on an annual basis and is authorized to increase or decrease the levy rate according to the scheduled payback, but the levy rate shall not be less than the levy rate initially imposed. Provided however, if the levy rate calculated is estimated to raise more money than would be necessary to repay the district’s share of costs, then the state department of education shall certify to the county or counties wherein the boundaries of the school district are contained, the moneys necessary to repay the district’s share of costs.

33-910. Broadband infrastructure improvement grant fund — Rulemaking — Definitions.

1. There is hereby created in the state treasury a fund to be known as the broadband infrastructure improvement grant fund. The fund shall consist of moneys made available through legislative transfers or appropriations, and from any other governmental source. Interest earned from the investment of moneys in the fund shall be retained in the fund. Subject to appropriation, moneys in the fund shall be expended by the state department of education to invest in special construction projects for high-speed broadband connections to E-rate eligible entities that receive E-rate funding.
2. The state department of education shall create and make available a grant application form for moneys in the fund. The state department may determine eligibility qualifications and applicant priority. Any E-rate eligible entity may apply to the state department for a grant from the fund for up to ten percent (10%) of the cost of an eligible special construction project.
3. The state board of education may promulgate rules to implement the provisions of this section. Such rules shall be consistent with the federal communications commission’s second E-rate modernization order that provides for additional category one funding up to ten percent (10%) to match state funding for special construction charges for high-speed broadband connections.
4. For the purposes of this section, “E-rate eligible entity” means Idaho public schools grades K through 12, the Idaho digital learning academy, the Idaho department of juvenile corrections education programs, the school for the deaf and the blind and the Idaho public libraries.

33-1001. Definitions.

As used in this chapter:

1. “Administrative schools” means and applies to all elementary schools and kindergartens within a district that are situated ten (10) miles or less from both the other elementary schools and the principal administrative office of the district and all secondary schools within a district that are situated fifteen (15) miles or less from other secondary schools of the district.
2. “Administrative staff” means those who hold an administrator certificate and are employed as a superintendent, an elementary or secondary school principal, or are assigned administrative duties over and above those commonly assigned to teachers.
3. “At-risk student” means a student in grades 6 through 12 who:
   1. Meets at least three (3) of the following criteria:
      1. Has repeated at least one (1) grade;
      2. Has absenteeism greater than ten percent (10%) during the preceding semester;
      3. Has an overall grade point average less than 1.5 on a 4.0 scale prior to enrolling in an alternative secondary program;
      4. Has failed one (1) or more academic subjects in the past year;
      5. Is below proficient, based on local criteria, standardized tests, or both;
      6. Is two (2) or more credits per year behind the rate required to graduate or for grade promotion; or
      7. Has attended three (3) or more schools within the previous two (2) years, not including dual enrollment; or
   2. Meets any of the following criteria:
      1. Has documented substance abuse or a pattern of substance abuse;
      2. Is pregnant or a parent;
      3. Is an emancipated youth or unaccompanied youth;
      4. Is a previous dropout;
      5. Has a serious personal, emotional, or medical issue or issues;
      6. Has a court or agency referral; or
      7. Demonstrates behavior detrimental to the student’s academic progress.
4. “Average daily attendance” or “pupils in average daily attendance” means the aggregate number of days enrolled students are present, divided by the number of days of school in the reporting period; provided, however, that students for whom no Idaho school district is a home district shall not be considered in such computation.
5. “Career ladder” means the compensation table used for determining the allocations districts receive for instructional staff and pupil service staff based on specific performance criteria and is made up of a residency compensation rung and a professional compensation rung.
6. “Child with a disability” means a child evaluated as having an intellectual disability, a hearing loss including deafness, a speech or language impairment, a visual impairment including blindness, an emotional behavioral disorder, an orthopedic impairment, autism, a traumatic brain injury, another health impairment, a specific learning disability, deaf-blindness, or multiple disabilities, and who, by reason thereof, needs special education and related services.
7. “Compensation rung” means the rung on the career ladder that corresponds with the compensation level performance criteria. (8) “Economically disadvantaged student” means a student who:
8. “Economically disadvantaged student” means a student who:
   1. Is eligible for a free or reduced-price lunch under the Richard B. Russell national school lunch act, 42 U.S.C. 1751 et seq., excluding students who are only eligible through a school’s community eligibility program;
   2. Resides with a family receiving assistance under the program of block grants to states for temporary assistance for needy families (TANF) established under part A of title IV of the social security act, 42 U.S.C. 601 et seq.;
   3. Is eligible to receive medical assistance under the medicaid program under title XIX of the social security act, 42 U.S.C. 1396 et seq.; or
   4. Is considered homeless for purposes of the federal McKinney-Vento homeless assistance act, 42 U.S.C. 11301 et seq.
9. “Elementary grades” or “elementary average daily attendance” means and applies to students enrolled in grades 1 through 6, inclusive, or any combination thereof.
10. “Elementary schools” are schools that serve grades 1 through 6, inclusive, or any combination thereof.
11. “Elementary/secondary schools” are schools that serve grades 1 through 12, inclusive, or any combination thereof.
12. “English language learner” or “ELL” means a student who does not score proficient on the English language development assessment established by rule of the state board of education.
13. “Gifted and talented” shall have the same meaning as provided in section 33-2001(4), Idaho Code.
14. “Homebound student” means any student who would normally and regularly attend school, but is confined to home or hospital because of an illness or accident for a period of ten (10) or more consecutive days.
15. “Instructional staff” means those who hold an Idaho certificate issued under section 33-1201, Idaho Code, and who are either involved in the direct instruction of a student or group of students or who serve in a mentor or teacher leader position for individuals who hold an Idaho certificate issued under section 33-1201, Idaho Code.
16. “Kindergarten” or “kindergarten average daily attendance” means and applies to all students enrolled in a school year, less than a school year, or summer kindergarten program.
17. “Local salary schedule” means a compensation table adopted by a school district or public charter school, which table is used for determining moneys to be distributed for instructional staff and pupil service staff salaries. Minimum compensation provided under a local salary schedule shall be at least equal to thirty-eight thousand five hundred dollars ($38,500) or, for staff holding a professional endorsement, forty-two thousand five hundred dollars ($42,500).
18. “Measurable student achievement” means the measurement of student academic achievement or growth within a given interval of instruction for those students who have been enrolled in and attended eighty percent (80%) of the interval of instruction. Measures and targets shall be chosen at the school level in collaboration with the staff member impacted by the measures and applicable district staff and approved at the district level. The most effective measures and targets are those generated as close to the actual work as possible. Targets may be based on grade- or department-level achievement or growth goals that create collaboration within groups. Assessment tools that may be used for measuring student achievement and growth include:
    1. Idaho standards achievement test;
    2. Student learning objectives;
    3. Formative assessments;
    4. Teacher-constructed assessments of student growth;
    5. Pre- and post-tests;
    6. Performance-based assessments;
    7. Idaho reading indicator;
    8. College entrance exams or preliminary college entrance exams such as PSAT, SAT and ACT;
    9. District-adopted assessment;
    10. End-of-course exams;
    11. Advanced placement exams; and
    12. Career technical exams.
19. “Performance criteria” means the standards specified for instructional staff and pupil service staff to demonstrate teaching proficiency for a given compensation rung. Each element of the professional compensation rung and advanced professional compensation rung performance criteria, as identified in this section and as applicable to a staff member’s position, shall be documented, reported, and subject to review for determining movement on the career ladder.
20. 1. “Professional compensation rung performance criteria” means: (20)(a) “Professional compensation rung performance criteria” means:
       1. An overall rating of proficient or higher, and no components rated as unsatisfactory, on the state framework for teaching evaluation; and
       2. Demonstrating the majority of students have met measurable student achievement targets or student success indicator targets.
    2. “Advanced professional compensation rung performance criteria” means:
       1. An overall rating of proficient or higher, no components rated as unsatisfactory or basic, and rated as distinguished overall in domain two — classroom environment, or domain three — instruction and use of assessment, on the state framework for teaching evaluation or equivalent for pupil service staff; and
       2. Demonstrating seventy-five percent (75%) or more of their students have met their measurable student achievement targets or student success indicator targets.
21. “Public school district” or “school district” or “district” means any public school district organized under the laws of this state, including specially chartered school districts.
22. “Pupil service staff” means those who provide services to students but are not involved in direct instruction of those students, and hold a pupil personnel services certificate.
23. “Secondary grades” or “secondary average daily attendance” means and applies to students enrolled in grades 7 through 12, inclusive, or any combination thereof.
24. “Secondary schools” are schools that serve grades 7 through 12, inclusive, or any combination thereof.
25. “Separate elementary school” means an elementary school located more than ten (10) miles on an all-weather road from both the nearest elementary school and elementary/secondary school serving like grades within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools.
26. “Separate kindergarten” means a kindergarten located more than ten (10) miles on an all-weather road from both the nearest kindergarten school within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools. (27) “Separate secondary school” means any secondary school located more than fifteen (15) miles on an all-weather road from any other secondary school and elementary/secondary school serving like grades operated by the district.
    1. Quantifiable goals stated in a student’s 504 plan or individualized education plan.
    2. Quantifiable goals stated in a student’s behavior improvement plan.
    3. School- or district-identified measurable student objectives for a specified student group or population.

(28) “Special education” means specially designed instruction or speech/language therapy at no cost to the parent to meet the unique needs of a student who is a child with a disability, including instruction in the classroom, the home, hospitals, institutions, and other settings; instruction in physical education; speech therapy and language therapy; transition services; travel training; assistive technology services; and vocational education.

(29) “Student success indicators” means measurable indicators of student achievement or growth, other than academic, within a predefined interval of time for a specified group of students. Measures and targets shall be chosen at the district or school level in collaboration with the pupil service staff member impacted by the measures and applicable district staff. Student success indicators include:

(30) “Support program” means the educational support program as described in section 33-1002, Idaho Code, the transportation support program described in section 33-1006, Idaho Code, and the exceptional education support program as described in section 33-1007, Idaho Code.

(31) “Support unit” means a function of average daily attendance used in the calculations to determine financial support provided to the public school districts.

(32) “Teacher” means any person employed in a teaching, instructional, supervisory, educational administrative or educational and scientific capacity in any school district. In case of doubt, the state board of education shall determine whether any person employed requires certification as a teacher.

33-1002. Educational support program.

The educational support program is calculated as follows:

1. State Educational Support Funds. Add the state appropriation, including the moneys available in the public school income fund, together with all miscellaneous revenues to determine the total state funds.
2. From the total state funds subtract the following amounts needed for state support of special programs provided by a school district:
   1. Pupil tuition-equivalency allowances as provided in section 33-1002B, Idaho Code;
   2. Transportation support program as provided in section 33-1006, Idaho Code;
   3. Feasibility studies allowance as provided in section 33-1007A, Idaho Code;
   4. The approved costs for border district allowance, provided in section 33-1403, Idaho Code, as determined by the state superintendent of public instruction;
   5. The approved costs for exceptional child approved contract allowance, provided in subsection 2. of section 33-2004, Idaho Code, as determined by the state superintendent of public instruction;
   6. Salary-based apportionment calculated as provided in sections 33-1004 through 33-1004F, Idaho Code;
   7. Unemployment insurance benefit payments according to the provisions of section 72-1349A, Idaho Code;
   8. For expenditure as provided by the public school technology program;
   9. For employee severance payments as provided in section 33-521, Idaho Code;
   10. For distributions to the Idaho digital learning academy as provided in section 33-1020, Idaho Code;
   11. For charter school facilities funds and reimbursements paid pursuant to section 33-5208(5), Idaho Code;
   12. For an online course portal as provided for in section 33-1024, Idaho Code;
   13. For advanced opportunities as provided for in chapter 46, title 33, Idaho Code;
   14. For additional math and science courses for high school students as provided in section 33-1021, Idaho Code;
   15. For leadership premiums as provided in section 33-1004J, Idaho Code;
   16. For master teacher premiums as provided in section 33-1004I, Idaho Code;
   17. For the support of provisions that provide a safe environment conducive to student learning and maintain classroom discipline, an allocation of three hundred dollars ($300) per support unit;
   18. An amount specified in the appropriation bill for the public schools educational support program for counseling support as provided for in section 33-1212A, Idaho Code, shall be distributed for grades 8 through 12 as follows:
       1. For school districts and public charter schools with one hundred (100) or more students enrolled in grades 8 through 12, a pro rata distribution based on students enrolled in grades 8 through 12 or eighteen thousand dollars ($18,000), whichever is greater;
       2. For school districts and public charter schools with fewer than one hundred (100) students enrolled in grades 8 through 12, one hundred eighty dollars ($180) per student enrolled in grades 8 through 12 or nine thousand dollars ($9,000), whichever is greater;
   19. An amount specified in the public schools educational support program appropriation bill for literacy intervention pursuant to section 33-1616, Idaho Code, the disbursements made to the school districts and public charter schools in the aggregate shall not exceed the total amount appropriated for this purpose and shall be based on the actual costs of such intervention programs. School districts and public charter schools shall be reimbursed in full or in pro rata based on the average number of students in kindergarten through grade 3 who score basic or below basic on the fall statewide reading assessment in the prior three (3) years;
   20. For mastery-based education as provided for in section 33-1630 [33-1632], Idaho Code;
   21. For pay for success contracting as provided in section 33-125B, Idaho Code; and
   22. Any additional amounts as required by statute to effect administrative adjustments or as specifically required by the provisions of any bill of appropriation;
3. Average Daily Attendance. The total state average daily attendance shall be the sum of the average daily attendance of all of the school districts of the state. The state board of education shall establish rules setting forth the procedure to determine average daily attendance and the time for, and method of, submission of such report. Average daily attendance calculation shall be carried out to the nearest hundredth. Computation of average daily attendance shall also be governed by the provisions of section 33-1003A, Idaho Code.
4. Support Units. The total state support units shall be determined by using the tables set out hereafter called computation of kindergarten support units, computation of elementary support units, computation of secondary support units, computation of exceptional education support units, and computation of alternative school support units. The sum of all of the total support units of all school districts of the state shall be the total state support units.

to secure the total educational support distribution funds.

33-1002A. Fractional average daily attendance. [Null and void.]

Null and void, pursuant to rejection of Proposition 3 on November 6, 2012.

33-1002B. Pupil tuition-equivalency allowances.

1. Districts which educate pupils placed by Idaho court order in licensed homes, agencies, institutions or juvenile detention facilities shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year’s gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.
2. Districts which educate pupils placed by Idaho court order in a juvenile detention facility with a summer school program shall be eligible for an allowance equivalent to one-half (½) of forty-two percent (42%) of the previous year’s gross per pupil cost calculated on a daily basis. This district allowance shall be in addition to support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.
3. Districts which educate school age special education students who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities or homes, and whose parents are not patrons of the district, shall be eligible for an allowance equivalent to forty-two percent (42%) of the previous year’s gross per pupil cost per child plus the excess cost rate that is annually determined by the state superintendent of public instruction. This district allowance shall be in addition to exceptional education support unit funding and included in district apportionment payments, subject to approval of district applications by the state superintendent of public instruction.
4. For school age special education students from outside the state of Idaho who, due to the nature and severity of their disabilities, are residing in licensed public or private residential facilities within the state of Idaho, the local school district shall provide education services to such students if requested by the licensed public or private residential facility, provided that the local school district has been given the opportunity to provide input on any federally required education plans for any such students. A local school district providing education services for such students shall sign a contract with any such licensed public or private residential facilities, which contract shall delineate the education services to be provided by the local school district and the amount to be paid by the licensed public or private residential facility. The amount paid shall be equal to the local school district’s full cost of providing the education services delineated by the contract, as determined by the local school district. Such students shall be excluded from all average daily attendance and other reports provided to the state that would result in the distribution of state funding to the local school district.

33-1002C. Summer and night school program support units — Alternative school — Juvenile detention facility.

1. Alternative summer or night school programs of not less than two hundred twenty-five (225) hours of instruction, which shall be included in the educational support units calculated as provided in section 33-1002, Idaho Code, may be established as approved by the state board of education. The average daily attendance divided by forty (40) shall determine the number of allowable support units which shall be included in the alternative school support units calculated for the school district for the succeeding school term.
2. For any alternative school designated pursuant to section 46-805, Idaho Code, full-term average daily attendance shall be used to calculate support units for each cohort of students that meets the minimum instructional hours requirement provided for in section 33-512, Idaho Code. The support units so calculated shall be used for all state funding formulas in which support units are used.
3. Districts that educate pupils placed by court order in a juvenile detention facility may establish a summer or night school program that shall be included in the educational support units calculated as provided in section 33-1002, Idaho Code. The average daily attendance divided by forty (40) shall determine the number of allowable support units that shall be included in the exceptional education school support units calculated for the school district for the succeeding school term.
4. Average daily attendance and the support units generated by this section shall not be included in or subject to the provisions of section 33-1003, Idaho Code, and shall be included as an addition to any other support units generated pursuant to Idaho Code.

33-1002D. Property tax replacement. [Repealed.]

33-1002E. Pupils attending school in another state.

In any school district which abuts upon the border of another state, the resident pupils of said district may attend schools in the other state as provided in section 33-1403, Idaho Code.

33-1002F. Alternative school report.

Annually, prior to the tenth legislative day, the department of education shall file with the legislature a report detailing the alternative school programs within the state. On July 1 of each year, or as soon thereafter as feasible, each school district receiving moneys pursuant to the alternative school support units factor in section 33-1002, Idaho Code, or section 33-1002C, Idaho Code, shall file with the state department a comprehensive report of the amount of money received in the district, the expenditure on alternative school programs, and the programs provided. This information shall be compiled by the department for transmission to the legislature.

33-1002G. Career technical school funding and eligibility.

1. School districts and public charter schools may establish career technical schools that qualify for funding appropriated for the specific purpose of supporting the added cost of career technical schools. These funds will be appropriated to the state board for career technical education, to be expended by the division of career technical education. In order for a school to qualify for funding as a career technical school, it must make application to the division of career technical education on or before the fifteenth of April for the following fiscal year. This includes applicants for new schools and renewal applications. Approved public charter schools with career technical education programs will receive the same added cost unit as any other eligible school on an actual approved cost basis not to exceed the per-student cost for a traditional instructional delivery method. All career technical schools must meet all three (3) of the following criteria:
   1. The school serves students from two (2) or more high schools. No one (1) high school can comprise more than eighty-five percent (85%) of the total enrolled career technical school students. In the event a student enrolled in the career technical school is not enrolled in a public high school, the eighty-five percent (85%) will be calculated based on the public high school attendance area where the student resides. This provision does not exclude a public charter school with a statewide boundary from applying for appropriate added cost funds authorized for career technical education, irrespective of the instructional delivery method.
   2. The majority of the school’s program offerings lead to some form of postsecondary credit, such as dual credit or other advanced opportunities, as defined by the state board of education, or include apprenticeship opportunities.
   3. All school programs offer at least one (1) supervised field experience for all students.
2. All career technical schools must also meet at least one (1) of the following three (3) requirements:
   1. The school is funded separately from schools that qualify for computation using regular secondary support units.
   2. The school has a separate and distinct governing board.
   3. The majority of the school programs are provided at dedicated facilities that are separate from the regular high school facilities.

33-1003. Special application of educational support program.

1. Decrease in Average Daily Attendance. — For any school district that has a decrease in total average daily attendance of three percent (3%) or more of its average daily attendance in the current school year from the total average daily attendance used for determining the allowance in the educational support program for the prior school year, the allowance of funds from the educational support program may be based on the average daily attendance of the prior school year, less three percent (3%). When this provision is applied, the decrease in average daily attendance shall be proportionately distributed among the various categories of support units that are appropriate for the district. After applying the provisions of this subsection, the state department of education shall calculate the percentage of additional statewide support units to total statewide support units and shall then reduce each school district’s support units by this uniform percentage. The provisions of this subsection shall not apply to public charter schools.
2. Application of Support Program to Separate Schools/Attendance Units in District.
   1. Separate Elementary School. — Any separate elementary school shall be allowed to participate in the educational support program as though the school were the only elementary school operated by the district.
   2. Hardship Elementary School. — Upon application of the board of trustees of a school district, the state board of education is empowered to determine that a given elementary school or elementary schools within the school district, not otherwise qualifying, are entitled to be counted as a separate elementary school as defined in section 33-1001, Idaho Code, when, in the discretion of the state board of education, special conditions exist warranting the retention of the school as a separate attendance unit and the retention results in a substantial increase in cost per pupil in average daily attendance above the average cost per pupil in average daily attendance of the remainder of the district’s elementary grade school pupils. An elementary school operating as a previously approved hardship elementary school shall continue to be considered as a separate attendance unit, unless the hardship status of the elementary school is rescinded by the state board of education.
   3. Separate Secondary School. — Any separate secondary school shall be allowed to participate in the educational support program as though the school were the only secondary school operated by the district.
   4. Elementary/Secondary School Attendance Units. — Elementary grades in an elementary/secondary school will be funded as a separate attendance unit if all elementary grades served are located more than ten (10) miles distance by an all-weather road from both the nearest like elementary grades within the same school district and from the location of the office of the superintendent of schools of such district, or from the office of the chief administrative officer of such district if the district employs no superintendent of schools. Secondary grades in an elementary/secondary school will be funded as a separate attendance unit if all secondary grades served are located more than fifteen (15) miles by an all-weather road from the nearest like secondary grades operated by the district.
   5. Hardship Secondary School. — Any district that operated two (2) secondary schools separated by less than fifteen (15) miles, but which district was created through consolidation subsequent to legislative action pursuant to chapter 111, laws of 1947, and which school buildings were constructed prior to 1935, shall be entitled to count the schools as separate attendance units.
   6. Minimum Pupils Required. — Any elementary school having less than ten (10) pupils in average daily attendance shall not be allowed to participate in the state or county support program unless the school has been approved for operation by the state board of education.
3. Remote Schools. — The board of trustees of any Idaho school district that operates and maintains a school that is remote and isolated from the other schools of the state because of geographical or topographical conditions may petition the state board of education to recognize and approve the school as a remote and necessary school. The petition shall be in form and content approved by the state board of education and shall provide such information as the state board of education may require. Petitions for the recognition of a school as a remote and necessary school shall be filed annually at least ninety (90) days prior to the date of the regular June meeting of the board of trustees.
4. Support Program When District Boundaries are Changed.
   1. In new districts formed by the division of a district, the support program computed for the district, divided in its last year of operation, shall be apportioned to the new districts created by the division in the proportion that the average daily attendance of pupils, elementary and secondary combined, residing in the area of each new district so created, is to the average daily attendance of all pupils, elementary and secondary combined, in the district divided in its last year of operation before the division.
   2. When boundaries of districts are changed by excision or annexation of territory, the support program of any district from which territory is excised for the last year of operation before such excision shall be divided, and apportioned among the districts involved, as prescribed in paragraph (a) of this subsection.

Within forty-five (45) days after the receipt of a petition for the recognition of a remote and necessary school, the state board of education shall either approve or disapprove the petition and notify the board of trustees of its decision. Schools that the state board of education approves as being necessary and remote shall be allowed adequate funding within the support program for an acceptable educational program for the students of the school. In the case of a remote and necessary secondary school, grades 7-12, the educational program shall be deemed acceptable when, in the opinion of the state board of education, the accreditation standard relating to staff size, established in accordance with the provisions of section 33-119, Idaho Code, has been met. The final determination of an acceptable program and adequate funding in the case of a remote and necessary elementary school shall be made by the state board of education.

33-1003A. Calculation of average daily attendance.

In computing the average daily attendance the entire school year shall be used except that the twenty-eight (28) weeks having the highest average daily attendance, not necessarily consecutive, may be used. When a school is closed, or if a school remains open but attendance is significantly reduced because of storm, flood, failure of the heating plant, loss or damage to the school building, quarantine or order of any city, county or state health agency, or for reason believed by the board of trustees to be in the best interests of the health, safety or welfare of the pupils, the board of trustees having certified to the state department of education the cause and dur