T33CH1

Title 33 > T33CH1

Sections (53)

33-101

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

33-102

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-102. Membership — Appointment — Geographical regions — Term of office — Qualifications — Place of office. (1) The state board of education shall consist of the state superintendent of public instruction, who shall be an ex officio voting member and who shall serve as executive secretary of the board for all elementary and secondary school matters, and seven (7) members appointed by the governor, each for a term of five (5) years. All members of the board shall be citizens of the United States and shall have been a resident of the state of Idaho for no less than three (3) years prior to the date of appointment and each member shall be a bona fide resident of the geographical region that the board member is appointed to represent in accordance with the provisions of subsection (2) of this section. Appointment to the board shall be made only on consideration of the ability of such appointee to efficiently serve the interests of the people and such appointee’s educational credentials, without regard to such appointee’s occupation, party affiliation, or religion. Annually on the first day of July the governor shall appoint members to fill the board positions for which the terms of office have expired in the manner provided for in this section. Upon the expiration date of the term of office, a member shall continue to serve until a successor has been appointed. The governor shall, by appointment, fill any vacancy on the board, such appointment to be for the unexpired term of the retiring member pursuant to the provisions of this section. Board members shall act and assume full powers and duties as provided in this section upon appointment, but such appointments are subject to confirmation by the senate at its next session. The state board shall have and maintain its office in Ada county. (2) There are hereby established seven (7) geographical regions within the state of Idaho and the governor shall select for appointment to the state board of education one (1) member from each geographical region. Each geographical region shall be numbered and delineated according to the legislative districts adopted by the Idaho commission for reapportionment pursuant to chapter 15, title 72 , Idaho Code, as follows: (a) Region 1 shall consist of legislative districts one, two, three, four, and five; (b) Region 2 shall consist of legislative districts six, seven, eight, nine, and fourteen; (c) Region 3 shall consist of legislative districts ten, eleven, twelve, thirteen, and twenty; (d) Region 4 shall consist of legislative districts fifteen, sixteen, seventeen, twenty-one, and twenty-two; (e) Region 5 shall consist of legislative districts eighteen, nineteen, twenty-three, twenty-four, and twenty-five; (f) Region 6 shall consist of legislative districts twenty-six, twenty-seven, twenty-eight, twenty-nine, and thirty; and (g) Region 7 shall consist of legislative districts thirty-one, thirty-two, thirty-three, t

33-102A

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-102A. Office of the state board — Executive officer — Appointment — Compensation — Duties and powers. (1) There is hereby created as an executive agency of the state board of education the office of the state board of education. The governor is hereby authorized to appoint an executive officer of the state board, with the advice and consent of the senate, who shall serve at the pleasure of the governor and shall receive such salary as fixed by the governor. (2) The executive officer shall, under the direction of the state board, have such duties and powers as prescribed by the said board of regents and the state board of education, not otherwise assigned by law. (3) The executive officer shall, together with the president of the state board of education, submit an annual report to the legislature no later than January 15 of each year, detailing the uses and impact of the school modernization facilities fund. History: [33-102A, added 1965, ch. 253, sec. 2, p. 637; am. 1972, ch. 85, sec. 2, p. 172; am. 1974, ch. 10, sec. 3, p. 49; am. 1993, ch. 404, sec. 3, p. 1472; am. 1996, ch. 217, sec. 1, p. 717; am. 2011, ch. 222, sec. 1, p. 609; am. 2024, ch. 237, sec. 5, p. 827; am. 2024, ch. 302, sec. 1, p. 1012.]

33-103

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-103. Removal of members — Cause. The governor is empowered to remove from membership on the state board any member who has been proved guilty of gross immorality, malfeasance in office or incompetency, and shall fill the vacancy thus created by appointment as hereinbefore provided. History: [33-103, added 1963, ch. 13, sec. 3, p. 27.]

33-104

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-104. Meetings of the board — Honorarium — Expenses — Organization. (1) The state board shall hold no less than four (4) regular meetings annually at such time and place as may be directed by the board. Special meetings may be called by the president at any time and place designated in such call. (2) Each member shall be compensated as provided by section 59-509 (h), Idaho Code. (3) The president of the board shall be selected by the governor. (4) At its first meeting after the first day of April, in each year, the state board shall organize and the president shall select a vice president and secretary. History: [33-104, added 1963, ch. 13, sec. 4, p. 27; am. 1971, ch. 50, sec. 1, p. 122; am. 1976, ch. 354, sec. 1, p. 1169; am. 1980, ch. 247, sec. 25, p. 600; am. 1981, ch. 21, sec. 1, p. 35; am. 2024, ch. 237, sec. 6, p. 827.]

33-105

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-105. Rules — Executive department. (1) The state board shall have power to make rules for its own government and the government of its executive departments and offices; and, upon recommendations of its executive officers, to appoint to said departments and offices such specialists, clerks and other employees as the execution of duties may require, to fix their salaries and assign their duties. (2) Statements of the state board of education and board of regents of the university of Idaho which relate to the curriculum of public educational institutions, to students attending or applicants to such institutions, or to the use and maintenance of land, equipment and buildings controlled by the respective institutions, are not rules and are not statements of general applicability for the purposes of chapter 52, title 67 , Idaho Code. (3) Notwithstanding any other provision of chapter 52, title 67 , Idaho Code, the state board of education and board of regents of the university of Idaho shall be deemed to be in full compliance with the notice requirements of section 67-5221 , Idaho Code, if: (a) Notice is given by including the intended action in the official written agenda for a regularly scheduled meeting of the board, and the agenda is available for public inspection at the central office of the board not less than five (5) days prior to the meeting; and (b) Notice of the intended action, accompanied by the full text of the rule under consideration prepared so as to indicate words added or deleted from the presently effective text, if any, is transmitted to the director of the legislative services office at the same time that notice is given under paragraph (a) of this subsection. The director of the legislative services office shall refer the material under consideration to the germane joint subcommittee created in section 67-454 , Idaho Code, to afford the subcommittee opportunity to submit data, views or arguments in writing to the board prior to the time for receiving comment as provided in paragraph (d) of this subsection; and (c) The intended action is discussed but not acted upon during the regularly scheduled meeting for which the agenda was prepared, but instead is held for final action at the next regularly scheduled or later meeting of the board; and (d) At least fifteen (15) days prior to the scheduled date for final action, the board shall mail to all persons who have made timely request in writing to the board and shall publish in an issue of the Idaho administrative bulletin a brief description of the intended action, or a concise summary of any statement of economic impact required pursuant to section 67-5223 (2), Idaho Code, and shall note the time when, the place where, and the manner in which interested persons may present their views thereon; and (e) Upon adoption of a rule, the board, if requested in writing to do so by an interested person either prior to adoption or with

33-106

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-106. Budget. The state board shall prepare a budget of necessary expenditures of its executive department, and shall have control of all moneys appropriated for said purposes. History: [33-106, added 1963, ch. 13, sec. 6, p. 27.]

33-107

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-107. General powers and duties of the state board. The state board shall have power to: (1) Perform all duties prescribed for it by the school laws of the state; (2) Acquire, hold and dispose of title, rights and interests in real and personal property; (3) Have general supervision, through its executive departments and offices, of all entities of public education supported in whole or in part by state funds; (4) (a) Delegate to its executive secretary, to its executive officer, or to such other administrators as the board may appoint, such powers as said officers require to carry out and administer the policies, orders and directives of the board; (b) Delegate to its executive officer, if necessary to enhance effectiveness and efficiency, such powers as he requires to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho’s state universities and colleges and other agencies under the supervision and governance of the state board, and to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho; (c) Delegate to the presidents of Idaho’s state universities and colleges, if necessary to enhance effectiveness and efficiency, such powers as said officers require to exercise discretionary authority and to perform duties vested in the state board related to the operation, control and management of Idaho’s state universities and colleges; (d) Delegate to its executive secretary, the superintendent of public instruction, if necessary to enhance effectiveness and efficiency, such powers as he requires to perform duties and render decisions prescribed to the state board involving the exercise of judgment and discretion that affect the public schools in Idaho; (e) Delegations of powers under this subsection must be adopted as statements of agency action by the state board, as provided in section 33-105 (2), Idaho Code, and pursuant to a process that provides for notice, opportunity for input and formal adoption by the state board; (5) Through its executive departments and offices: (a) Enforce the school laws of the state, (b) Study the educational conditions and needs of the state and recommend to the legislature needed changes in existing laws or additional legislation; (6) In addition to the powers conferred by chapter 24, title 33 , Idaho Code: (a) Maintain a register of postsecondary educational institutions approved to provide programs and courses that lead to a degree or which provide, offer and sell degrees in accordance with the procedures established in chapter 24, title 33 , Idaho Code, (b) Determine whether to accept academic credit at public postsecondary educational institutions in Idaho. Academic credit shall not be transferred into any Idaho public postsecondary institution from a postsecondary educational i

33-107A

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-107A. Board may establish an optional retirement program. (1) The state board of education may establish an optional retirement program under which contracts providing retirement and death benefits may be purchased for nonclassified staff, pursuant to section 67-5303 , Idaho Code, of the university of Idaho, Idaho state university, Boise state university, Lewis-Clark state college and the office of the state board of education who are hired on or after July 1, 1993; provided, however, that no such employee shall be eligible to participate in an optional retirement program unless he would otherwise be eligible for membership in the public employee retirement system of Idaho. (2) The state board of education is hereby authorized to provide for the administration of the optional retirement program and to perform or authorize the performance of such functions as may be necessary for such purposes. The board shall designate the company or companies from which contracts are to be purchased under the optional retirement program and shall approve the form and contents of such contracts. In making the designation and giving approval, the board shall consider: (a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries; (b) The relation of such rights and benefits to the amount of contributions to be made; (c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and (d) The ability of the designated company to provide such suitable rights and benefits under such contracts. (3) Nonclassified staff initially appointed or hired on or after July 1, 1993, shall participate in the optional retirement plan, except vested members of the public employee retirement system of Idaho, as defined in section 59-1302 , Idaho Code. Nonclassified employees hired by the office of the state board of education on or after July 1, 2024, with previous credited service in the public employee retirement system of Idaho may make a onetime irrevocable election to remain a member of the public employee retirement system of Idaho. Such election shall be made in writing within sixty (60) days of initial hire or appointment and filed with the administrative officer of the employing institution or agency. (4) (a) Each institution shall contribute on behalf of each participant in its optional retirement program the following: (i) To the designated company or companies, an amount equal to nine and thirty-five hundredths percent (9.35%) of each participant’s salary, reduced by any amount necessary, if any, to provide contributions to a total disability program provided either by the state or by a private insurance carrier licensed and authorized to provide such benefits, or any combination thereof, but in no event less than five percent (5%) of each particip

33-107B

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 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: (a) The nature and extent of the rights and benefits to be provided by such contracts for participants and their beneficiaries; (b) The relation of such rights and benefits to the amount of contributions to be made; (c) The suitability of such rights and benefits to the needs of the participants and the interests of the institutions in the recruitment and retention of staff members; and (d) The ability of the designated company to provide such suitable rights and benefits under such contracts. (3) Elections to participate in an optional retirement program shall be as follows: (a) Eligible employees are the teaching staff and officers initially appointed or hired on or after the effective date of this chapter. All eligible employees, except those who are vested members of the public employee retirement system of Idaho, shall participate in the optional retirement program. (b) Eligible employees who are vested members of the public employee retirement system of Idaho may make a one (1) time irrevocable election to transfer to the optional retirement program. The election shall be made in writing and within sixty (60) days of the date of initial hire or appointment, or one hundred fifty (150) days after the effective date of this chapter, whichever occurs later. The election shall be filed with the administrative officer of the employing institution. The election shall be effective not later than the first day of the second pay period following the date of the election. (c) Teaching staff and officers employed by the institution the day before the effective date of this chapter may make a one (1) time irrevocable election to participate in the optional retirement program. The election shall be made in writing and within one hundred fifty (150) days after the effective date of this chapter. T

33-107C

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

33-107D

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

33-108

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF 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. History: [33-108, added 1963, ch. 13, sec. 8, p. 27.]

33-109

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

33-110

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-110. Agency to negotiate, and accept, federal assistance. The state board is designated as the state educational agency which is authorized to negotiate, and contract with, the federal government, and to accept financial or other assistance from the federal government or any agency thereof, under such terms and conditions as may be prescribed by congressional enactment designed to further the cause of education. History: [33-110, added 1963, ch. 13, sec. 10, p. 27.]

33-111

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD 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. History: [33-111, added 1963, ch. 13, sec. 11, p. 27.]

33-112

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-112. Plans and specifications — Equipment, appliances and supplies. The state board shall authorize and approve all plans and specifications for the construction or alteration of buildings at the state educational institutions under its government and control; and shall direct and control the purchase of equipment, fixtures and supplies therefor. History: [33-112, added 1963, ch. 13, sec. 12, p. 27.]

33-113

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-113. Limits of instruction. The state board, in the interests of efficiency, shall define the limits of all instruction in the educational institutions supported in whole or in part by the state, and, as far as practicable, prevent wasteful duplication of effort in said institutions. History: [33-113, added 1963, ch. 13, sec. 13, p. 27.]

33-114

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-114. Certification — Courses of study — Accreditation. Supervision and control of the certification of professional education personnel is vested in the state board. The board shall approve the program of education of such personnel in all higher institutions in the state, both public and private, and shall accredit as teacher training institutions those in which such programs have been approved. History: [33-114, added 1963, ch. 13, sec. 14, p. 27.]

33-114A

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-114A. adoption of standards for the initial certification of professional school personnel. [effective until june 30, 2027] Effective July 1, 2022, the Idaho standards for initial certification of professional school personnel shall be the standards prepared by the 2020-2021 educator standards working group dated February 24, 2022. History: [33-114A, added 2022, ch. 175, sec. 1, p. 570.]

33-115

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

33-116

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-116. School districts under board supervision. All school districts in Idaho, including specially chartered school districts, shall be under the supervision and control of the state board. History: [33-116, added 1963, ch. 13, sec. 16, p. 27.]

33-117

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-117. Public school financial requirements. The state board shall submit to the budget director the financial requirements for appropriation to the public school income fund, for the foundation program of public school districts. History: [33-117, added 1963, ch. 13, sec. 17, p. 27.]

33-118

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

33-118A

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

33-118B

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

33-119

TITLE 33 EDUCATION CHAPTER 1 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. History: [33-119, added 1963, ch. 13, sec. 19, p. 27.]

33-120

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

33-121

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-121. Examination of books at instance of the state board. Whenever in its judgment the public welfare demands it, the state board may direct the trustees of any school district to cause an examination of the books and accounts, and the assets and liabilities of their district, to be made, and a report thereof to be made to the state board. Upon failure or neglect of the board of trustees to have such examination and report made within a reasonable time, the state board may cause the same to be made, and the cost of such examination and report shall be paid by the district. History: [33-121, added 1963, ch. 13, sec. 21, p. 27.]

33-122

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

33-123

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

33-124

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

33-125

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

33-125A

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

33-125B

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-125B. Pay for success contracting — DUTIES OF THE STATE DEPARTMENT OF EDUCATION. (1) The state department of education may enter into contracts for approved services. Notwithstanding the provisions of chapter 92, title 67 , Idaho Code, the department may issue a request for information for a contract upon identification of a need for a special service, or interested parties may identify a need for service within the department and submit a proposal to the department to negotiate a contract. Any contract entered into pursuant to this section shall provide for: (a) An evidence-based program delivered by the service provider designed to enhance student academic achievement; (b) Mutually agreed upon grade-level performance targets and efficacy standards; (c) Identified source of moneys from which savings will be realized; (d) An external evaluator who shall have expertise in all of the following areas: (i) Education; (ii) Program evaluation and assessment; (iii) Collection and maintenance of program data; (iv) Demonstrated ability to link an individual student’s data from grade to grade; and (v) Knowledge of the Idaho-specific academic performance scores used to demonstrate efficacy of the service provider’s program; (e) The state’s payment obligations from the money appropriated to the public school support program, if the efficacy standards are met under the contract; (f) Terms under which the state may terminate the contract; (g) An annual audit to be performed by a certified public accountant; and (h) A mutually agreed upon formula for the distribution of savings realized by the service provider program. An external evaluator shall approve the negotiated contract provisions relating to efficacy standards before the department may enter into any such contract. (2) Investor moneys shall be adequate to cover all contract costs. (3) The third-party administrator shall: (a) Manage all moneys pursuant to subsection (2) of this section; (b) When appropriate, direct payments to be made under the terms of the contract; (c) Ensure an annual audit is conducted under the terms of the contract; (d) Issue financial reports as required by the contract; and (e) Complete all other compliance requirements of state or federal law. (4) The department shall approve the school district or public charter school from which each cohort will be chosen. The priority for selection shall be given to: (a) School districts or public charter schools reporting the greatest number of students who are not proficient to meet grade-level performance targets being used to evaluate the service provider’s program; (b) School districts or public charter schools reporting the greatest number of students on free and reduced lunch; and (c) 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 o

33-126

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-126. Organization of department. The state department of education shall be organized in a manner as determined by the state board of education acting on the recommendations of the executive secretary. History: [33-126, added 1972, ch. 126, sec. 2, p. 249; am. 1974, ch. 10, sec. 8, p. 49.]

33-127

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

33-128

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-128. Statement of public purpose. The Idaho constitution established a system of free common schools recognizing that the stability of a republican form of government depends mainly upon the intelligence of the people. The legislature finds that there is a need for expanded educational experiences including a need for additional positive science education experiences for the youth of this state. The legislature finds that it is in the public interest to encourage science education opportunities through cooperative efforts with private nonprofit organizations offering science education programs. History: [33-128, added 1991, ch. 139, sec. 2, p. 331.]

33-129

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-129. Matching grants for science education programs — Grant criteria. The state department of education shall administer a program of matching grants to encourage the expansion or maintenance of science education programs in the state of Idaho. Matching grants shall only be made to nonprofit corporations incorporated or registered in the state of Idaho and which shall have conducted such a science education program for a minimum of one (1) year. Grants shall require the applicant to provide at least one-half (1/2) of the financial support for the science education program with money or in-kind contributions. Science education programs include, but are not limited to, demonstration programs intended to encourage knowledge of and interest in the disciplines of science among Idaho’s elementary and secondary school students. The state department of education shall administer this program with such funds as are appropriated to the science education program. Competing grant applications shall be evaluated and funding decisions shall be made based upon the department’s judgment as to the probable effectiveness of the various proposals in furthering the purposes of this act. History: [33-129, added 1991, ch. 139, sec. 3, p. 331.]

33-130

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

33-130A

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-130A. Criminal history checks for private or parochial school employees or contractors. If requested by the principal or governing board of a private or parochial school, the department of education, through the cooperation of the department of law enforcement, shall establish a system to obtain a criminal history check on employees of the school or persons entering into contracts with the school. The criminal history check and fees shall be as provided in section 33-130 , Idaho Code. History: [33-130A, added 2000, ch. 310, sec. 1, p. 1047.]

33-131

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

33-132

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-132. Local School Boards — Internet filtering required. (1) As a condition for receiving moneys from the state general fund, each local school district and public charter school shall have internet content filters that shall be included as part of any wireless internet access made available to children. The content filters shall: (a) Prohibit and prevent the use of school computers and other school owned technology-related services from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined by section 18-1514 , Idaho Code; and (b) Filter or block internet access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18 , Idaho Code. (2) The filtering solution shall be configurable to school district and public charter school policies regarding acceptable, age appropriate internet content. The content filtering shall include the ability: (a) For each school district and public charter school to manage its own filtering policies, including the decision to block specific categories of content and to maintain its own whitelist and blacklist overrides; (b) To provide individual school district and public charter school utilization and filtering reports, including the most frequently visited websites, the most frequently visited categories, the most frequently blocked websites, the most frequently used search terms, and the top authenticated users; (c) To audit all changes to content filtering; and (d) For all reporting and management of content filtering to be available through any internet-connected browser and efficiently perform all content filtering functions. (3) A school district or public charter school may offer digital or online library resources to students in kindergarten through grade 12 only if the vendor or other person or entity providing the resources verifies that all the resources will comply with the provisions of subsection (4) of this section. (4) Digital or online library resources offered by school districts or public charter schools to students in kindergarten through grade 12 shall have safety policies and technology protection measures that: (a) Prohibit and prevent a user from sending, receiving, viewing, or downloading materials that are deemed to be harmful to minors, as defined in section 18-1514 , Idaho Code; and (b) Filter or block access to obscene materials, materials harmful to minors, and materials that depict the sexual exploitation of a minor, as defined in chapter 15, title 18 , Idaho Code. (5) Notwithstanding any contract provision to the contrary, if a provider of digital or online library resources fails to comply with the requirements of subsection (4) of this section, the school district or public charter school may withhold further payments, if any, to the provider pending verification of compliance with the prov

33-133

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-133. definitions — STUDENT DATA — use and limitations — penalties. (1) As used in this act, the following terms shall have the following meanings: (a) Agency means each state board, commission, department, office or institution, educational or otherwise, of the state of Idaho. State agency shall also mean any city, county, district or other political subdivision of the state. (b) Aggregate data means data collected and/or reported at the group, cohort or institutional level. Aggregate data shall not include personally identifiable information. The minimum number of students shall be determined by the state board of education. (c) Board means the state board of education. (d) Data system means the state’s elementary, secondary and postsecondary longitudinal data systems. (e) Department means the state department of education. (f) District or school district means an Idaho public school district and shall also include Idaho public charter schools. (g) Parent means parent, parents, legal guardian or legal guardians. (h) Personally identifiable data, personally identifiable student data or personally identifiable information includes, but is not limited to: the student’s name; the name of the student’s parent or other family members; the address of the student or student’s family; a personal identifier, such as the student’s social security number, student education unique identification number or biometric record; other indirect identifiers, such as the student’s date of birth, place of birth and mother’s maiden name; and other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty or information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. (i) Provisional student data means new student data proposed for inclusion in the data system. (j) Student data means data collected and/or reported at the individual student level included in a student’s educational record. (i) Student data includes: (1) state and national assessment results, including information on untested public school students; (2) course taking and completion, credits earned and other transcript information; (3) course grades and grade point average; (4) date of birth, grade level and expected graduation date/graduation cohort; (5) degree, diploma, credential attainment and other school exit information such as general educational development and drop-out data; (6) attendance and mobility; (7) data required to calculate the federal four (4) year adjusted secondary cohort graduation rate, including sufficient exit information; (8) discipline reports limited to objective information sufficient to produce the federal an

33-134

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

33-135

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

33-136

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

33-138

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

33-139

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-139. prohibition on the expenditure of moneys for certain purposes. No moneys shall be expended by the state board of education, any entity under the state board of education’s jurisdiction, or any school district, public charter school, or public institution of higher education for any purpose prohibited in section 33-138 , Idaho Code. History: [33-139, added 2021, ch. 293, sec. 2, p. 886.]

33-140

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

33-141

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

33-142

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-142. Adoption education. An educational institution under the general supervision, governance, or control of the state board of education or the board of regents of the university of Idaho shall provide information explaining current adoption practices and where to find resources and support in the state of Idaho wherever and whenever contraception is discussed or dispensed, or both, or sexually transmitted diseases or sexually transmitted infections are discussed or tested for, or both. History: [33-142, added 2024, ch. 131, sec. 1, p. 529.]

33-143

TITLE 33 EDUCATION CHAPTER 1 STATE BOARD OF EDUCATION 33-143. DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) The purpose of this section is to ensure that flags and banners displayed on public school property do not promote political, religious, or ideological viewpoints in order to maintain a neutral and inclusive environment for all students. (2) No flags or banners that represent political, religious, or ideological views, including but not limited to political parties, race, gender, sexual orientation, or political ideologies, may be displayed on public school property such as classrooms, hallways, entryways, or sports fields. (3) The provisions of subsection (2) of this section shall not apply to: (a) Official flags or banners representing the United States; (b) Official flags of any state in the United States; (c) Official flags of the United States military; (d) Official flags of Idaho Indian tribes; (e) Official flags of recognized foreign nations with which the United States is not engaged in hostile action; (f) Achievement flags or banners recognized by the Idaho state department of education; (g) Flags or banners representing official school mascots and colors; (h) Electronic displays within the school; (i) Personal items such as pins or shirts worn by students; and (j) Displays in the school parking lot. (4) The Idaho state department of education shall oversee the enforcement of this section. Schools found in violation of this section shall be required to remove unauthorized flags or banners. (5) As used in this section: (a) Banner means a long, rectangular, or square piece of fabric, paper, or other material, often displayed in a vertical or horizontal manner, used to convey a message, symbol, emblem, or representation of an institution or a political, religious, or ideological expression, or used to announce or celebrate an event or achievement. (b) Display means to keep a flag or banner visible on school property beyond a brief curriculum-based educational purpose. (c) Flag means a piece of fabric or similar material, typically rectangular or square, attached to a pole or staff and used as a symbol, emblem, or representation of a country, state, tribe, institution, or any political, religious, or ideological expression. History: [33-143, added 2025, ch. 99, sec. 1, p. 541.]