T33CH37

Title 33 > T33CH37

Sections (27)

33-3701

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3701. Contracts for housing facilities at state institutions. The state board of education and board of regents of the University of Idaho, acting as the board of regents of the University of Idaho, or as the board of trustees of the Lewis-Clark State College, or as the board of trustees of the Boise State University, or as the board of trustees of the Idaho State University are hereby authorized to enter into contracts with persons, firms and corporations, for the purpose of providing dormitory and housing facilities for the students of said institutions; for the purposes the board may contract for the leasing and purchase of lands and buildings and for the purchase and installation of fixtures, furniture, furnishings and equipment in such buildings; the board may contract to pay as rent or otherwise a sum sufficient to pay, on the amortization plan, the principal and interest thereon, of the purchase-price of lands and buildings, such contracts to run not over twenty (20) years; the rate of interest on the principal on any purchase shall not exceed seven percent (7%) per annum payable semiannually or annually. History: [(33-3701) 1923, ch. 72, sec. 1, p. 79; am. 1929, ch. 132, sec. 1, p. 216; I.C.A., sec. 32-3201; am. 1947, ch. 99, sec. 13, p. 182; am. 1947, ch. 100, sec. 12, p. 190; am. 1947, ch. 107, sec. 11, p. 217; am. 1963, ch. 286, sec. 1, p. 752; am. 2009, ch. 11, sec. 10, p. 21.]

33-3702

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3702. Creation of dormitory fund. Said board is hereby authorized to create a separate fund for each of said four institutions, to be known as the dormitory fund. Said board is hereby authorized to pay into each of said respective dormitory funds, all room, dormitory or housing rentals received by said respective institutions, not including the proceeds of any anticipated appropriations made by the state nor the interest from the permanent endowment, and to pledge on behalf of each of said respective institutions, its said dormitory fund for the payment of all rental or other charges agreed to be paid on account of such dormitory or dormitories as well as for the payment of the purchase-price of land or lands and buildings, or the payment of the agreed cost of construction of such buildings or building, and the purchase-price of fixtures, furniture, furnishings and equipment for such buildings together with the cost of installation thereof; so as to be used for dormitory or housing purposes by said respective institutions, and such dormitory funds, or so much thereof as may be necessary are hereby appropriated for the purposes herein set forth. History: [(33-3702) 1923, ch. 72, sec. 2, p. 79; am. 1929, ch. 132, sec. 2, p. 216; I.C.A., sec. 32-3202.]

33-3703

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3703. Successors of board. The powers hereby conferred upon the said board of education shall inure to the body, commission, commissioners, officer or officers that may at any time succeed said board. History: [(33-3703) 1923, ch. 72, sec. 3, p. 79; I.C.A., sec. 32-3203.]

33-3704

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3704. Dining hall funds. Whereas heretofore and under the supervision of the state board of education in its capacity as board of trustees of the several state educational institutions, there have been established and are now in operation dining halls, and no clear legislative direction as to disposition to be made of accumulations in dining hall funds exists, now therefore, it is hereby declared that the operation of dining halls at educational institutions under the supervision of, and where deemed necessary by the state board of education, is a public purpose and a necessary incident to the proper government of such educational institutions. History: [33-3704, added 1943, ch. 3, sec. 1, p. 4; am. 1965, ch. 124, sec. 1, p. 250.]

33-3707

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3707. Receipts used in operation of dining halls. The receipts of said dining halls shall be used and utilized by said institutions in the operation of said dining halls; and any net profits may be disbursed upon the authority of the board of trustees for the payment of interest or principal of any revenue bonds issued by the institution under the authority of chapter 38, title 33 , Idaho Code. Provided further that a reasonable reserve to be determined by the state board of education, acting as board of trustees, is hereby created for replacement of dining hall equipment. History: [33-3707, added 1943, ch. 3, sec. 4, p. 4; am. 1963, ch. 286, sec. 3, p. 752; am. 1965, ch. 124, sec. 4, p. 250.]

33-3708

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3708. Dining halls not operated for profit. Such dining halls shall never be operated for any commercial purpose, but shall be used for the benefit of such educational institutions, their faculties, students and officers as nearly as may be, in the sound discretion of the state board of education with the object of making available wholesome food at the most reasonable cost to the students, officers and faculties. History: [33-3708, added 1943, ch. 3, sec. 5, p. 4; am. 1965, ch. 124, sec. 5, p. 250.]

33-3710

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3710. Uniform system of accounting for dining hall funds. The state board of education in its capacities as trustees of the several educational institutions, shall, by provisions uniform in all such institutions, establish such system of accounting, expenditure and reimbursement of such revolving fund as may be appropriate and as may be ordered by the state controller. History: [33-3710, added 1943, ch. 3, sec. 7, p. 4; am. 1994, ch. 180, sec. 52, p. 461.]

33-3711

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3711. Liability of state for dining halls limited. Nothing in sections 33-3704 — 33-3711 shall be construed to create or to impose upon the state any liability whatever beyond payment to such institutions of the sums herein appropriated. History: [33-3711, added 1943, ch. 3, sec. 8, p. 4.]

33-3712

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3712. Office of bursar a public office — Duties and bond of bursar. The office of bursar at state educational institutions is declared a public office and the state board of education in its capacity as boards of trustees for the several state educational institutions is empowered to fix the duties of bursars and in its discretion fix the amount of the bond to be given by such bursars as such officers. In the performance of his duties each bursar shall be supervised as the state board of education and board of regents may direct. History: [33-3712, added 1943, ch. 73, sec. 1, p. 155; am. 1971, ch. 106, sec. 1, p. 227.]

33-3713

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3713. Bursars as fiscal officers — Duty to make reports. Subject to the control of the state board of education in its capacities as boards of trustees for the said institutions severally, the bursars shall be deemed fiscal officers of such institutions, and whenever by any law or grant any such institution is required to make reports in financial matters, or make remittances of funds, or shall receive funds or property, unless otherwise provided by law the bursar shall make such reports and remittances and receive such funds or property. History: [33-3713, added 1943, ch. 73, sec. 2, p. 155.]

33-3714

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3714. Acceptance of gifts, legacies and devises. The board of regents of the University of Idaho and the state board of education are hereby authorized in the name of any state educational institution and on behalf of the state, to accept gifts, legacies and devises of property to the state for the use and benefit of any of the state educational institutions. History: [33-3714, added 1933, ch. 127, sec. 1, p. 196.]

33-3715

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3715. Interference with conduct of institutions of higher learning — Legislative intent. The legislature, in recognition of unlawful campus disorders across the nation which are disruptive of the educational process and dangerous to the health and safety of persons and damaging to public and private property, establishes by this act criminal penalties for conduct declared in this act to be unlawful. However, this act shall not be construed as preventing institutions of higher education from establishing standards of conduct, scholastic and behavioral, reasonably relevant to their lawful missions, processes, and functions, and to invoke appropriate discipline for violations of such standards. History: [33-3715, added 1969, ch. 223, sec. 1, p. 729.]

33-3716

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3716. Unlawful conduct — Penalty. (1) No person shall, on the campus of any community college, junior college, college, or university in this state, hereinafter referred to as institutions of higher education, or at or in any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education, willfully deny to students, school officials, employees, and invitees: (a) lawful freedom of movement on the campus; (b) lawful use of property, facilities, or parts of any institution of higher education; or (c) the right of lawful ingress and egress to the institution’s physical facilities. (2) No person shall, on the campus of any institution of higher education, or at or in any building or other facility owned, operated, or controlled by the governing board of any such institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties, or willfully impede a student of such institution in the lawful pursuit of his educational activities, through the use of restraint, abduction, coercion, or intimidation, or when force and violence are present or threatened. (3) No person shall willfully refuse or fail to leave the property of, or any building or other facility owned, operated, or controlled by the governing board of any such institution of higher education upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the campus and in its facilities, or a dean of such college or university, if such person is committing, threatens to commit, or incites others to commit, any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution. (4) Nothing in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute between an institution of higher education and its employees. (5) Any person who violates any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500), or imprisoned in the county jail for a period not to exceed one (1) year, or by both such fine and imprisonment. History: [33-3716, added 1969, ch. 223, sec. 2, p. 729.]

33-3717A

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3717A. Fees at state colleges and universities. (1) The state board of education and the board of regents of the university of Idaho may prescribe fees, including tuition fees, for resident and nonresident students enrolled in all state colleges and universities. For purposes of this section, said fees, including tuition fees, may be used for any and all educational costs at the state colleges and universities including, but not limited to, costs associated with: (a) Academic services; (b) Instruction; (c) The construction, maintenance and operation of buildings and facilities; (d) Student services; or (e) Institutional support. The state board of education also may prescribe fees for all students for any additional charges that are necessary for the proper operation of each institution. (2) A resident student is a student who meets the residency requirements imposed by section 33-3717B , Idaho Code. (3) Nothing contained in this section shall prevent the state board of education from waiving fees, including tuition fees, to be paid by nonresident students, as defined in section 33-3717C , Idaho Code, who are enrolled in the state colleges and universities. (4) Nothing contained in this section shall apply to community colleges now or hereafter established pursuant to chapter 21, title 33 , Idaho Code, or to postsecondary professional-technical schools now or hereafter established and not connected to or a part of a state college or university. History: [33-3717A, added 2005, ch. 210, sec. 3, p. 627; am. 2011, ch. 39, sec. 2, p. 94.]

33-3717B

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3717B. Residency requirements. (1) For any Idaho public institution of higher education, a resident student is: (a) Any student who has one (1) or more parent or parents or court-appointed guardians who are domiciled in the state of Idaho, and the parent, parents or guardians provide at least fifty percent (50%) of the student’s support. Domicile, as used in this section, means that individual’s true, fixed and permanent home and place of habitation. It is the place where that individual intends to remain, and to which that individual expects to return when that individual leaves without intending to establish a new domicile elsewhere. To qualify under this section, the parent, parents or guardians must have maintained a domicile in the state of Idaho for at least twelve (12) months prior to the opening day of the term for which the student matriculates. (b) Any student who receives less than fifty percent (50%) of the student’s support from a parent, parents or legal guardians and who has continuously resided and maintained a bona fide domicile in the state of Idaho primarily for purposes other than educational for twelve (12) months preceding the opening day of the term for which the student matriculates. (c) Any student who is a graduate of an accredited secondary school in the state of Idaho pursuant to section 33-119 , Idaho Code, is domiciled in Idaho, and matriculates at an Idaho public institution of higher education within eight (8) years immediately following secondary school graduation regardless of the domicile of the student’s parent or guardian, or any student who completes six (6) years of elementary and secondary education in Idaho, is domiciled in Idaho, and matriculates at an Idaho public institution of higher education within eight (8) years immediately following completion of secondary education. (d) The spouse of a person who is classified, or is eligible for classification, as a resident of the state of Idaho for the purposes of attending an Idaho public institution of higher education, except that a student who was enrolled as a full-time student in any term during the twelve (12) month period before the term in which the student proposes to enroll as a resident student must independently establish domicile under subsection (2) of this section. (e) A member of the armed forces of the United States who entered service as an Idaho resident and who has maintained Idaho resident status, but is not stationed within the state of Idaho on military orders. (f) A member of the armed forces of the United States, stationed in the state of Idaho on military orders. (g) An officer or an enlisted member of the Idaho national guard. (h) A person separated, under honorable conditions, from the United States armed forces after at least two (2) years of service, who at the time of separation designates the state of Idaho as his intended domic

33-3717C

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3717C. Waiving fees or tuition for certain nonresident students. (1) Notwithstanding any other provision of law the state board of education and the board of regents of the university of Idaho may determine when to grant a full or partial waiver of fees or tuition charged to nonresident students pursuant to reciprocal agreements with other states. In making this determination, the state board of education and the board of regents of the university of Idaho shall consider the potential of the waiver to: (a) Enhance educational opportunities for Idaho residents; (b) Promote mutually beneficial cooperation and development of Idaho communities and nearby communities in neighboring states; (c) Contribute to the quality of educational programs; and (d) Assist in maintaining the cost effectiveness of auxiliary operations in Idaho institutions of higher education. (2) Consistent with the determinations made pursuant to subsection (1) hereof, the state board of education and the board of regents of the university of Idaho may enter into agreements with other states to provide for a full or partial reciprocal waiver of fees or tuition charged to students. Each agreement shall provide for the numbers and identifying criteria of students, and shall specify the institutions of higher education that will be affected by the agreement. (3) The state board of education and the board of regents of the university of Idaho shall establish policy guidelines for the administration by the affected Idaho institutions of any tuition waivers authorized under this section, for evaluating applicants for such waivers, and for reporting the results of the reciprocal waiver programs authorized in this section. (4) A report and financial analysis of any waivers authorized under this section shall be submitted annually to the legislature as part of the budget recommendations of the state board of education and the board of regents of the university of Idaho for the system of higher education in this state. History: [(33-3717C) 33-3717A, added 1982, ch. 256, sec. 1, p. 667; am. 1986, ch. 32, sec. 1, p. 103; am. and redesig. 2005, ch. 210, sec. 5, p. 630.]

33-3718

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3718. Additional charges authorized in the collection of debts — Public and private institutions of higher education. Each state public or private institution of higher education may, in the control and collection of any debt or claim due and owing to it, impose reasonable financing and late charges, as well as reasonable costs and expenses incurred in the collection of such debts, if provided for in the note or agreement signed by the debtor. History: [33-3718, added 1980, ch. 141, sec. 1, p. 306.]

33-3719

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3719. Student called to active duty. Whenever any active member of the Idaho national guard is called or ordered by the governor to state active duty for thirty (30) consecutive days or more, or to duty other than for training pursuant to title 32 , U.S.C., or called or ordered by competent federal authority into active federal service under title 10 , U.S.C., for duty other than for training for thirty (30) consecutive days or more, or whenever a member of any reserve United States military force is ordered to said active federal service, an educational institution in this state in which the member is enrolled shall grant the member military leave of absence from his education. Individuals on military leave of absence from their educational institution, upon release from military duty, shall be restored to the educational status they had attained prior to their being ordered to military duty without loss of academic credits earned, scholarships or grants awarded, or tuition and other fees paid prior to the commencement of the military duty. It shall be the duty of the educational institution to refund tuition or fees or to credit the tuition, scholarships, grants and fees to the next academic semester or term after the termination of the educational military leave of absence at the option of the student. History: [33-3719, added 2003, ch. 251, sec. 3, p. 651; am. 2004, ch. 60, sec. 1, p. 278; am. 2007, ch. 108, sec. 2, p. 315.]

33-3723

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3723. Rural physician incentive fee assessment. The state board of education may assess a fee to students preparing to be physicians in the fields of medicine or osteopathic medicine who are supported by the state pursuant to an interstate compact for a professional education program in those fields, as those fields are defined by the compact. The fee may not exceed an amount equal to four percent (4%) of the annual average medicine support fee paid by the state. The fee must be assessed by the board and deposited in the rural physician incentive fund established in section 39-5902 , Idaho Code, to be administered by the department of health and welfare. Moneys are also payable into the fund from state appropriations, private contributions, gifts and grants and other sources. Income and earnings on the fund shall be returned to the fund. Subject to appropriation, the state shall match student contributions to the fund at a rate of two state dollars ($2.00)foreveryonedollar($1.00) assessed as a student fee. The expenses of administering the physician incentive fund portion of the fund shall not exceed ten percent (10%) of the annual fees assessed pursuant to this section. History: [33-3723, added 2003, ch. 283, sec. 1, p. 767; am. 2012, ch. 44, sec. 1, p. 132; am. 2018, ch. 138, sec. 1, p. 284.]

33-3726

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3726. higher education stabilization fund. There is hereby created in the state treasury a fund to be known as the higher education stabilization fund. The higher education stabilization fund shall consist of three (3) separate accounts as follows: (1) An account designated the strategic interest account shall consist of interest earnings from the investment of moneys deposited with the state treasurer into unrestricted current fund 0650-00, as designated by the state controller in the statewide accounting and reporting system. Annually on July 1, or as soon thereafter as is practicable, the state controller shall transfer such interest earnings to the strategic interest account. All moneys so transferred shall be expended for the maintenance, use and support of institutions that have deposited moneys into unrestricted current fund 0650-00. All such expenditures shall be subject to legislative appropriation. Institutions shall receive a pro rata share of a legislative appropriation based upon the amount of moneys any such institution has deposited into unrestricted current fund 0650-00 in the current fiscal year compared to the total amount deposited by all institutions in the current fiscal year. Interest earned from the investment of moneys in the strategic interest account shall be retained in the strategic interest account. (2) An account designated the surplus stabilization account shall consist of any other moneys made available through legislative transfers, appropriations or otherwise provided by law, or from any other governmental source. All such moneys shall be expended for the maintenance, use and support of institutions named in section 33-3803 , Idaho Code. Such expenditures shall be made subject to legislative appropriation to the state board of education for college and universities. Distribution of such moneys to institutions shall be based upon the state board of education’s established practices for the allocation of moneys to such institutions. Interest earned from the investment of moneys in this surplus stabilization account shall be retained in this surplus stabilization account. (3) An account designated the surplus stabilization account for college of eastern Idaho, north Idaho college, college of southern Idaho, and college of western Idaho shall consist of any other moneys made available through legislative transfers, appropriations, or otherwise provided by law, or from any other governmental source. All such moneys shall be expended for the maintenance, use, and support of college of eastern Idaho, north Idaho college, college of southern Idaho, and college of western Idaho. Such expenditures shall be made subject to legislative appropriation to the community colleges. Distribution of such moneys shall be based on the state board of education’s established practices for the allocation of moneys to the community college

33-3727

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3727. military education, training and service — award of academic credit — development of policies. Notwithstanding the provisions of section 33-107 (6)(b), Idaho Code, the state board of education, the board of regents of the university of Idaho, a board of trustees of a community college established pursuant to the provisions of section 33-2106 , Idaho Code, and the state board for career technical education shall develop policies relating to the award of academic credit for education, training or service completed by an individual as a member of the armed forces or reserves of the United States, the national guard of any state, the military reserves of any state or the naval militia of any state, where such education, training or service is determined to satisfy such established policies. The boards shall work cooperatively with one another and with other state agencies as needed in the development of such policies. The boards are authorized to adopt rules as necessary for the administration of the provisions of this section. History: [33-3727, added 2012, ch. 108, sec. 1, p. 298; am. 2016, ch. 25, sec. 25, p. 49.]

33-3728

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3728. organ donation notification. (1) An institution of higher education that receives funding from the state shall notify all students by electronic message of the option to register as an organ donor. The notice shall include instructions for how to register as an organ donor. (2) The notice required by subsection (1) of this section shall be delivered at least twice each academic year. History: [33-3728, added 2018, ch. 97, sec. 1, p. 206.]

33-3729

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3729. transfer of credits. (1) Any student who completes the requirements for the associate of arts or associate of science degree at a postsecondary institution accredited by a regional accrediting body recognized by the state board of education will be considered as satisfying the general education requirements, as defined by the state board of education, upon transfer to a public postsecondary institution in Idaho and will not be required to complete any additional general education requirements. (2) A student who has completed the general education framework as defined by the state board of education, without an associate of arts or associate of science degree, and transfers from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education will not be required to complete additional general education requirements at the receiving Idaho public postsecondary institution. (3) If a student who has completed a general education course or general education courses but has not completed the entire general education framework; or has not earned an associate of arts or associate of science degree from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education; or has earned an associate of applied science degree from a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education; and transfers to a public postsecondary institution, those general education course credits will be applied towards the associated general education course requirements at the receiving public postsecondary institution. (4) Any student who completes an associate of applied science degree at a postsecondary institution in Idaho accredited by a regional accrediting body recognized by the state board of education and meets the receiving institution’s criteria for admission may pursue an interdisciplinary bachelor of applied science or a bachelor of applied technology degree focused on upper-level academic coursework at any Idaho public postsecondary institution that has such degree programs available. (5) Receiving institutions must notify students in writing of all initial credit transfer decisions. Whenever a receiving institution makes an initial credit transfer decision that results in credits not being transferred in a manner that moves the student toward certificate or degree completion or in the manner requested by a student or applicant, the receiving institution must provide a written explanation of the credit transfer decision to the student or applicant specifying why the credits were not eligible for transfer or were not credited toward certificate or degree progress and the policies and procedures available to the student to request reconsideration of the initial credit transfer decision

33-3730

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3730. procedures to prevent the spread of infectious disease. (1) Each state institution of higher education must adopt a policy for measures and procedures to prevent the spread of contagious or infectious disease, including temporary closure of the institution or any of its buildings or campuses. Such policy must be adopted in consultation with the state board of education and the district health department of any public health district in which the institution offers in-person classes. Notwithstanding any law or rule to the contrary, once such policy is adopted, only the state board of education, acting in accordance with the policy, has the authority to close an institution or any of its buildings or campuses, to limit its programs or activities, or to require other measures at the institution for the purpose of preventing the spread of contagious or infectious disease. (2) The state board of education or a state institution of higher education acting in accordance with a policy adopted pursuant to this section may not be held to violate any order issued by the department of health and welfare pursuant to section 56-1003 (7), Idaho Code; a district board of health pursuant to section 39-414 (2), Idaho Code; or a city pursuant to section 50-304 , Idaho Code. History: [33-3730, added 2021, ch. 15, sec. 1, p. 36.]

33-3731

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3731. contract requirements for state-supported medical students — medical education reimbursement fund. (1) An individual who qualifies as an Idaho resident pursuant to section 33-3717B , Idaho Code, and who is accepted into a medical education program enrolling Idaho students supported by Idaho state funds in slots reserved for Idaho students shall, before confirming enrollment in such program or school, enter into a contract with the state board of education or the board’s designee, which contract shall specify that the individual will commit to entering active full-time professional practice in Idaho for a period of four (4) years within one (1) year of: (a) Obtaining a license to practice medicine; (b) Finishing a residency or subspecialty residency; or (c) Finishing a medical education fellowship as defined by the state board of education or the board’s designee. (2) Each year of a residency served in Idaho, up to four (4) years, will be credited as one-half (1/2) year of the practice requirement provided in subsection (1) of this section. After the fourth year, no credit shall be given for any additional residency years. (3) An individual who fails to abide by the contract described in subsection (1) of this section shall reimburse the state for the state’s financial obligation in supporting the individual’s medical education, as determined by the state board of education or the board’s designee. Reimbursement must: (a) Begin within one (1) year of: (i) Obtaining a license to practice medicine; (ii) Finishing a residency or subspecialty residency; or (iii) Finishing a medical education fellowship as defined by the state board of education or the board’s designee; (b) Be paid according to an amortized schedule established by the state board of education or the board’s designee; and (c) Be completed within eight (8) years of the date the reimbursement requirement began. (4) The reimbursement obligation described in subsection (3) of this section: (a) Shall not accrue any interest; and (b) May, by act of the state board of education or the board’s designee, be: (i) Suspended if reimbursement is temporarily impossible or would create extreme hardship for a temporary period, including but not limited to suspension for medical reasons, personal reasons, parental leave, or call to active duty in the armed forces; or (ii) Waived if: 1. Reimbursement is permanently impossible or would create extreme hardship, including but not limited to death, inability to complete the program, or inability to obtain a license to practice medicine; or 2. The individual owing reimbursement is participating in a program of the federal government or United States armed forces that has a service requirement. (5) The provisions of this section shall apply to individuals matriculating in a medical education program enrolling Idaho students supported by Idaho state funds

33-3732

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3732. MEDICAL EDUCATION. (1) Beginning with the 2026-2027 academic year, the number of slots reserved for Idaho medical education students supported by Idaho state funds at a medical education program other than the Washington, Wyoming, Alaska, Montana, Idaho (WWAMI) regional medical education program, as determined by the state board of education, shall be increased by ten (10) students per incoming class each academic year, until the incoming class size reaches thirty (30) students. For all but twenty (20) of the non-WWAMI students per incoming class, all of the medical education coursework and a majority of the clinical medical education placements shall be physically located in the state of Idaho. (2) Beginning with the 2027-2028 academic year, the number of incoming class slots reserved for Idaho medical education students supported by Idaho state funds in the WWAMI medical education program may be decreased by at least ten (10) students pursuant to the provisions of subsection (3) of this section. (3) Pursuant to the provisions of subsections (1) and (2) of this section, there shall be created a working group to develop a medical education plan for the state of Idaho supporting both allopathic and osteopathic education. The working group shall consist of not more than nine (9) members. Two (2) members of the working group shall be members of the legislature. Of the legislative members, one (1) shall be a member of the house of representatives appointed by the speaker of the house of representatives and one (1) shall be a member of the senate appointed by the president pro tempore of the senate. One (1) member shall be appointed by the Idaho college of osteopathic medicine. One (1) member shall be appointed by Idaho state university. One (1) member shall be appointed by the university of Idaho. Any other members shall be appointed by the state board of education. The medical education plan developed by the working group shall be delivered to the governor and the legislature by no later than January 2, 2026, and shall: (a) Address how the plan for undergraduate medical education will reduce the physician shortage in Idaho, in conjunction with graduate medical education; (b) Ensure the quality of medical education programs for Idaho students; (c) Maximize the amount of Idaho medical education funds that are spent in Idaho; (d) Maximize the number of clinical medical education placements located in and managed by the state of Idaho; (e) Maximize the number of medical residency placements located in Idaho; (f) Minimize conflicts with medical education program partners; and (g) Minimize conflicts in delivering medical education coursework and clinical medical education placements to students enrolled in different medical education programs. History: [(33-3733) 33-3732, added 2025, ch. 70, sec. 2, p. 330.]

33-3733

TITLE 33 EDUCATION CHAPTER 37 MISCELLANEOUS PROVISIONS RELATING TO STATE INSTITUTIONS OF LEARNING 33-3732 [33-3733]. Title IX Compliance in Higher Education. (1) For the purposes of this section: (a) Institution of higher education means any public postsecondary institution, including but not limited to universities, colleges, and community colleges, operating within the state of Idaho that receives federal financial assistance. (b) Office for civil rights means the federal agency responsible for enforcing title IX compliance within educational institutions. (c) President means the chief executive officer or equivalent highest-ranking official of an institution of higher education in the state of Idaho, without regard to the specific title of such individual. (d) Title IX means title IX of the education amendments of 1972 (20 U.S.C. 1681 et seq.), and all applicable federal regulations duly promulgated by any federal department or agency pursuant to the same. (e) Title IX compliance means the policies, procedures, actions, and investigations required by title IX to ensure that an institution of higher education is in compliance with title IX. (2) The president of each institution of higher education in Idaho shall have the exclusive authority and duty to implement all title IX compliance. When necessary, the president of an institution of higher education may delegate specific tasks or duties related to title IX to designated staff reporting to the office of the president, provided that the president approves any final decision or action on any title IX related task or duty. To carry out this provision, the president of each institution of higher education in Idaho shall: (a) Establish policies to implement the requirements of title IX and corresponding binding federal regulations issued by the United States department of education and the office for civil rights. Such policies shall be narrowly tailored to meet only the minimum requirements of title IX; and (b) Ensure that all complaints filed with the institution of higher education pursuant to title IX are promptly investigated in accordance with title IX regulations. The president shall review and approve any decisions regarding sanctions, accommodations, or disciplinary actions arising from title IX complaints. (3) The president of each institution of higher education shall prepare and submit a report to the Idaho state board of education and the Idaho legislative services office no later than July 1 of each year, which report shall include: (a) The number of title IX complaints received during the previous academic year. The report shall also include the number of investigations conducted and a description of the outcomes of all investigations; (b) Copies of all title IX-related policies and procedures of the institution of higher education, which shall conspicuously highlight any changes made to such policies and procedures during the previous year; (c) A summary of interim measures taken