T33CH5
Title 33 > T33CH5
Sections (38)
33-501
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-501. Board of trustees. (1) Each school district shall be governed by a board of trustees. The board of trustees of each elementary school district shall consist of three (3) members, and the board of trustees of each other school district shall consist of five (5) members. Provided, however, that the board of trustees of any district that has had a change in its district boundaries subsequent to June 30, 1973, may consist of no fewer than five (5) nor more than nine (9) members if such provisions are included as part of an approved proposal to redefine and change trustee zones as provided in section 33-313 , Idaho Code. The board of trustees of any district that has had a change in its district boundaries because of district consolidation on and after January 1, 2008, shall consist of five (5) members if two (2) districts consolidated or seven (7) members if three (3) or more districts consolidated. Commencing in 2018, a school district trustee shall be elected for a term of four (4) years beginning at noon on January 1 next succeeding his election. (2) Each trustee shall at the time of his nomination and election, or appointment, be a school district elector of his district and a resident of the trustee zone from which nominated or appointed. In the event that a vacancy shall be declared as provided in section 33-504 , Idaho Code, and the board of trustees is unable to appoint a trustee from the zone vacated after ninety (90) days, the board of trustees may appoint a person at-large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. When a person is duly elected to a trustee zone and the person is found to no longer reside in the trustee zone due to a change in the trustee zone boundaries, that person shall be allowed to continue serving as a trustee for the remainder of that person’s term as long as the person resides at the address used at the time of the election. (3) Each trustee shall qualify for and assume office on January 1 next following his election, or, if appointed, at the regular meeting of the board of trustees next following such appointment. At the first meeting after a trustee assumes office, an oath of office shall be administered to the trustee, whether elected, reelected or appointed. Said oath may be administered by the clerk, or by another trustee, of the district, and the record shall show such oath of office to have been taken and by whom administered and shall be filed with the official records of the district. History: [33-501, added 1963, ch. 13, sec. 51, p. 27; am. 1973, ch. 125, sec. 2, p. 236; am. 1980, ch. 32, sec. 1, p. 56; am. 2008, ch. 351, sec. 2, p. 969; am. 2009, ch. 57, sec. 1, p. 160; am. 2009, ch. 341, sec. 37, p. 1017; am. 2018, ch. 164, sec. 1, p. 323; am. 2023, ch. 241, sec. 1, p. 740.]
33-502
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-502. Declarations of candidacy for trustees. Any person legally qualified to hold the office of school trustee may file a declaration of candidacy for the office, each of which shall bear the name of the candidate, state the term for which declaration of candidacy is made, and bear the signature of not less than five (5) school district electors resident of the trustee zone of which the candidate is resident. The declaration shall be filed with the clerk of the board of trustees of the school district as provided in section 34–1404, Idaho Code. History: [33-502, added 1963, ch. 13, sec. 52, p. 27; am. 1967, ch. 9, sec. 1, p. 14; am. 1992, ch. 187, sec. 3, p. 584; am. 2011, ch. 11, sec. 5, p. 28.]
33-502B
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-502B. Board of trustees — One nomination — No election. In any election for trustees, if, after the expiration of the date for filing written nominations for the office of trustee, it appears that only one (1) qualified candidate has been nominated for a position to be filled or if only one (1) candidate has filed a write-in declaration of intent as provided by section 34-1407 , Idaho Code, and has provided to the district’s board clerk the signatures of five (5) electors of the candidate’s specific zone, then no election shall be held for that position. The board of trustees or the school district clerk, with the written permission of the board, shall declare such candidate elected as a trustee. The school district clerk shall immediately prepare and deliver to the person a certificate of election signed by him and bearing the seal of the district. The procedure set forth in this section shall not apply to any other school district election. History: [33-502B, added 1990, ch. 332, sec. 1, p. 910; am. 1993, ch. 51, sec. 1, p. 133; am. 1994, ch. 160, sec. 1, p. 367; am. 2004, ch. 26, sec. 1, p. 43; am. 2009, ch. 341, sec. 39, p. 1017; am. 2016, ch. 261, sec. 1, p. 681.]
33-503
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-503. Election of trustees — Uniform date. (1) The election of school district trustees including those in charter districts shall be on the Tuesday following the first Monday in November in odd-numbered years. Notice and conduct of the election, and the canvassing of the returns, shall be as provided in chapter 14, title 34 , Idaho Code. In each trustee zone, the person receiving the greatest number of votes cast within his zone shall be declared by the board of trustees as the trustee elected from that person’s zone. (2) If any two (2) or more persons residing in the same trustee zone have an equal number of votes and a greater number than any other nominee residing in that zone, then the board of trustees shall determine the winner by a toss of a coin. (3) Incumbent trustees as of the effective date of this act shall have their terms expire on January 1 following the November election of their successors. History: [33-503, added 1963, ch. 13, sec. 53, p. 27; am. 1973, ch. 97, sec. 1, p. 166; am. 1975, ch. 181, sec. 1, p. 497; am. 2009, ch. 341, sec. 40, p. 1017; am. 2015, ch. 248, sec. 1, p. 1044; am. 2018, ch. 164, sec. 2, p. 323; am. 2019, ch. 288, sec. 20, p. 843.]
33-504
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-504. Vacancies on boards of trustees. (1)(a) A vacancy shall be declared by the board of trustees when any nominee has been elected but has failed to qualify for office, or within thirty (30) days of when any trustee: (i) Dies; (ii) Resigns as trustee; (iii) Removes himself from his trustee zone of residence; (iv) Is no longer a resident or school district elector of the district; (v) Refuses to serve as trustee; or (vi) Without excuse acceptable to the board of trustees, fails to attend four (4) consecutive regular meetings of the board. (b) A vacancy shall exist when any trustee is recalled and discharged from office in accordance with section 34-1712 , Idaho Code. Such vacancy shall occur at the time of certification of the special recall election and does not require the board of trustees to declare that a vacancy exists. Notwithstanding sections 34-1709 and 34-1712 , Idaho Code, between the time of the special recall election and when the results of the special recall election are proclaimed, the trustee subject to the special recall election shall not be permitted to participate in any actions that would alter the structure of the board of trustees or create new contractual or financial obligations for the school district. (2) With the exception of recall, any declaration of vacancy shall be made at any regular or special meeting of the board of trustees, at which any of the conditions provided in subsection (1)(a) of this section are determined to exist. (3) The board of trustees shall appoint to such vacancy a person qualified to serve as trustee of the school district provided there remains in membership on the board of trustees a majority of the membership thereof, and the board shall notify the state superintendent of public instruction of the appointment. Such appointment shall be made within ninety (90) days of the declaration of vacancy. After ninety (90) days, if the board of trustees is unable to appoint a trustee from the zone vacated, the board of trustees may appoint a person at large from within the boundaries of the school district to serve as the trustee from the zone where the vacancy occurred. Otherwise, after one hundred twenty (120) days from the declaration of vacancy, appointments shall be made by the board of county commissioners of the county in which the district is situated, or of the home county if the district be a joint district. (4) Any person appointed as provided in subsection (3) of this section shall serve for the balance of the unexpired term of the office that was declared vacant and filled by appointment. History: [33-504, added 1963, ch. 13, sec. 54, p. 27; am. 1975, ch. 181, sec. 2, p. 497; am. 1984, ch. 94, sec. 2, p. 219; am. 1986, ch. 348, sec. 20, p. 864; am. 1987, ch. 141, sec. 1, p. 282; am. 2009, ch. 57, sec. 2, p. 161; am. 2009, ch. 341, sec. 42, p. 1018; am. 2024, ch. 219, sec. 1, p. 773.]
33-505
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-505. Board of trustees, district newly created. (1) Within ten (10) days after the entry of any order creating a new school district by the consolidation of districts or parts thereof, the trustees of all school districts involved in the consolidation shall meet at the call of the state superintendent of public instruction or his designee and, from their number, shall select a board of trustees of the new district representing each of the merged districts in an equal number to serve as follows: if two (2) districts consolidated, one (1) member representing the board of trustees of each district shall serve until the annual election of trustees next following; one (1) member representing the board of trustees of each district shall serve until the annual election the following year; and one (1) member appointed by the other four (4) members shall serve until the annual election in the year after that. If three (3) or more districts consolidated, three (3) members shall serve until the annual election of trustees next following; three (3) members shall serve until the annual election the following year; and one (1) member appointed by the other six (6) members shall serve until the annual election in the year after that. If the number of merged districts is greater than three (3), the superintendent of public instruction shall appoint as equally as possible from trustees of the previous districts so that each district, if possible, has representation on the consolidated district’s board of trustees. The superintendent shall stagger the terms of his appointments so that an equal number of appointees’ terms expire annually and those trustees shall sit for election. Thereafter, all trustees who are elected shall serve terms as provided in section 33-501 , Idaho Code, for a board of trustees of a school district. The board of trustees shall report the names of said trustees to the state board of education. The board of trustees of the newly consolidated school district shall expeditiously redraw the trustee zones pursuant to section 33-313 , Idaho Code. (2) The state board of education, at its first meeting next following receipt of notice of the creation of new school districts by the division of a district, shall appoint a board of trustees for each such new district, to serve until January 1 following the next election for school district trustees. (3) Boards of trustees selected or appointed as in this section provided shall forthwith meet and organize as provided in section 33-506 , Idaho Code, and thereupon the board of trustees of any district, the whole of which has been incorporated within the new district, or which was divided as the case may be, shall be dissolved and its powers and duties shall cease. Prior to the notice of annual election of trustees next following, the board of trustees of each school district created by consolidation or by division of districts shall determine by lot or b
33-506
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-506. Organization and government of board of trustees. (1) Each board of school district trustees shall organize at its first regular meeting in January and elect a chairman, a vice chairman, a clerk and a treasurer. The clerk and the treasurer may be members of the board of trustees; or, in the discretion of the board, either or both may be selected from among competent and responsible persons outside the membership of the board. The board in its discretion may allow compensation for the clerk, and for the treasurer, if other than the county treasurer. (2) Each member of the board not otherwise compensated by public moneys shall be compensated for actual expenses incurred for travel to, from, and attending meetings of the board. Such compensation shall be paid from the district school funds. (3) It shall be the duty of each member of the board of trustees to attend all meetings, both regular and special; and the board shall have the following powers and duties: (a) To make bylaws, rules and regulations for its government and that of the district, consistent with the laws of the state of Idaho and the rules and regulations of the state board of education; (b) To call special meetings or elections for such purpose as may be necessary for the proper conduct and management of the school or schools of the district; (c) To employ an attorney or attorneys when deemed for the best interests of the district, or for the purpose of defending the district against any suit or for bringing action deemed necessary to be commenced by the board. History: [33-506, added 1963, ch. 13, sec. 56, p. 27; am. 1975, ch. 82, sec. 1, p. 167; am. 1978, ch. 103, sec. 1, p. 210; am. 1988, ch. 77, sec. 1, p. 132; am. 2018, ch. 164, sec. 4, p. 325; am. 2019, ch. 38, sec. 1, p. 106.]
33-507
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-507. Limitation upon authority of trustees. (1) It shall be unlawful for any trustee to have pecuniary interest, directly or indirectly, in any contract or other transaction pertaining to the maintenance or conduct of the school district or to accept any reward or compensation for services rendered as a trustee except as may be otherwise provided in this section. The board of trustees of a school district may accept and award contracts involving the school district to businesses in which a trustee or a person related to him by blood or marriage within the second degree has a direct or indirect interest provided that the procedures set forth in section 18-1361 or 18-1361A , Idaho Code, are followed. The receiving, soliciting, or acceptance of moneys of a school district for deposit in any bank or trust company, or the lending of money by any bank or trust company to any school district, shall not be deemed to be a contract pertaining to the maintenance or conduct of a school district within the meaning of this section; nor shall the payment by any school district board of trustees of compensation to any bank or trust company, for services rendered in the transaction of any banking business with such district board of trustees, be deemed the payment of any reward or compensation to any officer or director of any such bank or trust company within the meaning of this section. (2) It shall be unlawful for the board of trustees of any class of school district to enter into or execute any contract with the spouse of any member of such board, the terms of which said contract requires or will require the payment or delivery of any school district funds, money, or property to such spouse, except as provided in subsection (3) of this section or in section 18-1361 or 18-1361A , Idaho Code. (3) No spouse of any trustee may be employed by a school district with a fall student enrollment population of greater than one thousand two hundred (1,200) in the prior school year. For school districts and public charter schools with a fall student enrollment population of one thousand two hundred (1,200) or less in the prior school year and for schools funded pursuant to the provisions of section 33-1003 (2), Idaho Code, such spouse may be employed in a nonadministrative position for a school year if each of the following conditions has been met: (a) The position has been listed as open for application on the school district website or in a local newspaper, whichever is consistent with the district’s current practice, and the position shall be listed for at least sixty (60) days, unless the opening occurred during the school year, in which case the position shall be so listed for at least fifteen (15) days. If the position is listed in a newspaper, the listing shall be made in a manner consistent with the provisions of section 60-106 , Idaho Code; (b) No applications were received that met the minimum certification, endo
33-508
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-508. Duties of clerk. The clerk of the board of trustees shall have such duties as shall be prescribed by the board. He shall attend all meetings of the board of trustees, shall keep the record of the proceedings, and shall enter in said record all matters required by law, or by the board, so to be entered; and said record shall be open to inspection by any person, at all reasonable times. When the clerk does not attend a meeting of the board of trustees, the board shall appoint some person who, as temporary clerk, shall keep the record of the proceedings of the board and certify the same to the clerk, to be entered by him. Whenever in the judgment of the board of trustees it is deemed prudent so to do, the clerk may be placed under a fidelity bond, in the manner of section 33-509 , in such amount as the board of trustees shall determine. History: [33-508, added 1963, ch. 13, sec. 58, p. 27.]
33-509
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-509. Duties of the treasurer. The treasurer elected by the board of trustees of a school district shall have such duties as the board may prescribe. The treasurer shall be placed under fidelity bond issued by a surety company authorized to do business in the state of Idaho, in such amount as the board of trustees may from time to time determine, or under personal bond equal to twice such determined amount with at least two (2) sureties who each shall qualify as in the case of sureties on the bonds of county officers. The county treasurer of the home county of any elementary school district with less than six (6) teachers within the district shall serve as treasurer of such district, if requested to do so by the school district board of trustees. The treasurer shall account for the deposit of all moneys of the district in accordance with the provisions of the public depository law, chapter 1, title 57 , Idaho Code. History: [33-509, added 1963, ch. 13, sec. 59, p. 27; am. 1978, ch. 103, sec. 2, p. 211; am. 1988, ch. 70, sec. 1, p. 101; am. 1988, ch. 77, sec. 2, p. 132.]
33-509A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-509A. Assistant treasurers. A board of trustees of a school district may elect one (1) or more assistant treasurers who shall have such duties as the board of trustees may prescribe. Assistant treasurers shall be subject to the control, supervision and direction of the treasurer of the district. An assistant treasurer may perform the statutory duties prescribed by law for the treasurer to the extent authorized by the board of trustees. History: [33-509A, added 1990, ch. 198, sec. 1, p. 444.]
33-510
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-510. Annual meetings — Regular meetings — Boards of trustees. (1) The annual meeting of each school district shall be on the date of its regular January meeting in each year. Notice of the annual meeting of elementary school districts shall be given as provided in section 33-402 , Idaho Code, but one (1) publication shall suffice. (2) Regular meetings of each board of school district trustees shall be held monthly, on a uniform day of a uniform week as determined at the annual meeting. Special meetings may be called by the chairman or by any two (2) members of the board and held at any time. If the time and place of special meetings shall not have been determined at a meeting of the board with all members being present, then notice of the time and place shall be given to each member and announced by written notice conspicuously posted at the school district office and at least two (2) or more public buildings within the school district no less than twenty-four (24) hours before such special meeting is to be convened. (3) A quorum for the transaction of business of the board of trustees shall consist of a majority of the members of the board. In the event of one (1) or more vacancies on the board of trustees pursuant to section 33-504 , Idaho Code, the transaction of business shall be permitted if a majority of the remaining members of the board are present. Unless otherwise provided by law, all questions shall be determined by a majority of the votes cast. The chairman of the board may vote in all cases. (4) Each board of trustees shall: (a) Adopt rules of order and procedure to govern its regular meetings; (b) Conduct its regular meetings in accordance with the rules of order and procedure as adopted pursuant to paragraph (a) of this subsection; and (c) Make the rules of order and procedure pursuant to paragraph (a) of this subsection available to the public at each regular meeting of the board of trustees and on the local school district’s and board of trustees’ website, if available. (5) Each board of trustees shall provide the opportunity for members of the public residing in the school district to comment on school and education matters at regular meetings of the board of trustees. Each board of trustees shall hear public comment, if offered by a member of the public, prior to taking action on an agenda item. Nothing in this subsection restricts a board of trustees from establishing reasonable standards for the public comment period of the meeting, including time limits and conduct standards. (6) Public comment related to subject matter that would authorize the board of trustees to enter an executive session pursuant to section 74-206 (1), Idaho Code, shall not be permitted. (7) Members of the public residing in the school district shall be permitted to request the addition of an item directly related to school district business to the agenda of a regular meeting of the board of trustees. The
33-511
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-511. Maintenance of schools. The board of trustees of each school district shall have the following powers and duties: (1) Each elementary school district shall maintain at least one (1) elementary school, and each other school district shall maintain at least one (1) elementary school and one (1) secondary school; (2) To employ necessary help and labor to maintain and operate the schools of the district; (3) To discontinue any school within the district whenever it shall find such discontinuance to be in the best interests of the district and of the pupils therein. For the purposes of this section, discontinuing a school shall mean no longer maintaining a school of any kind, at the same location, except in the case of secondary units as herein provided. (a) When any school proposed to be discontinued is one which was operated and maintained by a former district now wholly incorporated within the boundaries of the district operated by said board of trustees, and, immediately following reorganization and the dissolution of said former district, such school has been continuously operated and maintained at the same location by the presently organized district, the following procedures shall apply before discontinuing a school: (i) The board of trustees must first give notice of such proposal not later than the first day of June next preceding the date of the proposed discontinuance. Such notice shall be posted, and published once, in the manner provided in section 33-402 , Idaho Code, and shall identify the school proposed to be discontinued. (ii) If, not later than the first day of July following the posting and publishing of the notice of discontinuance, five (5) or more qualified school district electors residing within the school district shall petition the board of trustees for an election to be held within the school district on the question of discontinuance of that school, the board of trustees shall immediately order an election to be held on the first available election date provided by section 34-106 (7), Idaho Code, that is at least fifty (50) days following the date of said order and shall give notice of the election. (iii) Notice of such election shall be posted at or near the main door of the school proposed to be discontinued and at or near the main door of the administrative offices of the school district and shall also be published in one (1) issue of a newspaper printed in the county in which is situate the school proposed to be discontinued. The notice shall state the date the election is to be held, the place of voting, and the hours between which the polls shall be open. In addition, the notice of election shall describe the area of the particular attendance unit of the school district and shall identify the school proposed to be discontinued; and it shall state that only qualified school district electors residing within the school district may vote on the question of discontin
33-512
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-512. Governance of schools. The board of trustees of each school district shall have the following powers and duties: (1) To fix the days of the year and the hours of the day when schools shall be in session. However: (a) Each school district shall annually adopt and implement a school calendar that provides its students at each grade level with the following minimum number of instructional hours: Grades Hours 9-12 990 4-8 900 1-3 810 K 450 Alternative schools (any grades) 900 (b) School assemblies, testing and other instructionally related activities involving students directly may be included in the required instructional hours. (c) When approved by a local school board, annual instructional hour requirements stated in paragraph (a) of this subsection may be reduced as follows: (i) Up to a total of twenty-two (22) hours to accommodate staff development activities conducted on such days as the local school board deems appropriate. (ii) Up to a total of eleven (11) hours of emergency school closures due to adverse weather conditions and facility failures. However, transportation to and from school, passing times between classes, recess and lunch periods shall not be included. (d) Student and staff activities related to the opening and closing of the school year, grade reporting, program planning, staff meetings, and other classroom and building management activities shall not be counted as instructional time or in the reductions provided in paragraph (c)(i) of this subsection. (e) For multiple shift programs, this rule applies to each shift (i.e., each student must have access to the minimum annual required hours of instruction). (f) The instructional time requirement for grade 12 students may be reduced by action of a local school board for an amount of time not to exceed eleven (11) hours of instructional time. (g) The state superintendent of public instruction may grant an exemption from the provisions of this section for an individual building within a district, when the closure of that building, for unforeseen circumstances, does not affect the attendance of other buildings within the district. (h) The state board of education may grant a waiver of the minimum number of instructional hours for a school district when districtwide school closures are necessary as a result of natural occurrences creating unsafe conditions for students. A county or state disaster declaration must have been issued for one (1) or more of the counties in which the school district is located. A waiver request to the state board of education must describe the efforts by the school district to make up lost instructional hours, the range of grades impacted, and the number of hours the school district is requesting be waived. (i) The reduction of instructional hours allowed in paragraphs (f) through (h) of this subsection may not be combined in a single school year. (2) To adopt and carry on and to provide for the financ
33-512A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-512A. District curricular materials adoption committees. The board of trustees of each school district shall appoint a curricular materials adoption committee to advise the board on selection of curricular materials, as defined in section 33-118A , Idaho Code, for use within the schools of the district. Such a committee shall contain a membership at least one-half (1/2) of which is persons who are not public educators or school trustees and shall include parents of a child or children attending a school or schools within the school district. All meetings of the committee shall be open to the public and any member of the public may attend such a meeting and file written or make oral objections to any curricular materials under consideration. Each school district shall have on hand and available to the public the titles, authors and publishers of all curricular materials being used in the district. The public has the right to inspect the instructional materials, except students’ tests, used in the district’s schools. History: [33-512A, added 1986, ch. 302, sec. 3, p. 754; am. 1987, ch. 25, sec. 1, p. 34; am. 1998, ch. 88, sec. 4, p. 300; am. 2022, ch. 288, sec. 1, p. 919.]
33-512B
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-512B. Suicidal tendencies — Duty to warn. (1) Notwithstanding the provisions of section 33-512 (4), Idaho Code, neither a teacher nor a school district shall have a duty to warn of the suicidal tendencies of a student absent the teacher’s knowledge of direct evidence of such suicidal tendencies. (2) Direct evidence means evidence which directly proves a fact without inference and which in itself, if true, conclusively establishes that fact. Direct evidence would include unequivocal and unambiguous oral or written statements by a student which would not cause a reasonable teacher to speculate regarding the existence of the fact in question; it would not include equivocal or ambiguous oral or written statements by a student which would cause a reasonable teacher to speculate regarding the existence of the fact in question. (3) The existence of the teacher’s knowledge of the direct evidence referred to in subsections (1) and (2) of this section shall be determined by the court as a matter of law. History: [33-512B, added 1996, ch. 377, sec. 1, p. 1282.]
33-512C
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-512C. encouragement of gifted students. If a student completes any required high school course with a grade of C or higher before entering grade 9, if that course meets the same standards that are required in high school, if the course is taught by a properly certified teacher who meets the federal definition of being highly qualified for the course being taught and if the school providing the course is accredited as recognized by the state board, the student shall be given a grade for the successful completion of that course, and such grade and the number of credit hours assigned to the course shall be transferred to the student’s high school transcript. The provisions of this section do not apply to senior projects. History: [33-512C, added 2010, ch. 125, sec. 1, p. 272; am. 2018, ch. 110, sec. 1, p. 224.]
33-512D
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-512D. self-directed learner designation. (1) A student attending public school in Idaho shall be eligible to be designated as a self-directed learner. For the purposes of this section, a self-directed learner means a full-time student: (a) Who demonstrates mastery of content knowledge through grades, assessments, or mastery-based learning rubrics; (b) Whose teacher or teachers designate the student as such. The teacher may consider the student’s mastery of the content, academic growth, timeliness for assignments, self-motivation, ability to establish goals, and reaching age-appropriate learning outcomes; (c) Who, starting in grade 5, demonstrates mastery of addition and multiplication for numbers 0-10, as well as related subtraction and division problems, known collectively as math facts ; and (d) Who, starting in grade 8, demonstrates an informed choice of postsecondary career and education goals by: (i) Completing and updating his student learning plan as defined in section 33-1001 (30), Idaho Code; (ii) Supplementing his student learning plan, as applicable, with the following that further his postsecondary goals: 1. Extended learning opportunities as defined in section 33-6401 , Idaho Code; 2. Courses and examinations funded in chapter 46, title 33 , Idaho Code; or 3. Any other credits or programs permitted under Idaho Code or district policy as applicable to the student’s learning plan; and (iii) Identifying and writing down self-determined personal life goals, including an explanation of how attending specific classes will lead to the fulfillment of personal life goals. (2) Each school district or public charter school may adopt a self-directed learner policy to provide processes: (a) Through which students may seek a self-directed learner designation; (b) By which teachers may designate a student as a self-directed learner; (c) To monitor and support self-directed learners; (d) By which a student’s teacher or teachers rescind the self-directed learner designation; and (e) As otherwise necessary for implementation. (3) Once a student is designated a self-directed learner, the student has the right to flexible learning. Flexible learning may be different for each student and may include flexible attendance, attending school virtually, extended learning opportunities, and any other agreed-upon learning inside or outside the classroom. Starting in grade 8, flexible learning should further the student’s progress toward postsecondary goals. Any flexible learning permitted under this section must be agreed upon by the student, his teacher or teachers, and the student’s parents or legal guardian. (4) In order to remain a self-directed learner, the student must meet criteria agreed upon by him, his teacher or teachers, and his parents or legal guardian. Criteria may include continued mastery of content knowledge and skills, academic growth, progress toward postsecondary goals, or other measures of s
33-513
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-513. Professional personnel. The board of trustees of each school district, including any specially chartered district, shall have the following powers and duties: 1. To employ professional personnel, on written contract in form approved by the state superintendent of public instruction, conditioned upon a valid certificate being held by such professional personnel at the time of entering upon the duties thereunder. Should the board of trustees fail to enter into written contract for the employment of any such person, the state superintendent of public instruction shall withhold ensuing apportionments until such written contract be entered into. When the board of trustees has delivered a proposed contract for the next ensuing year to any such person, such person shall have a period of time to be determined by the board of trustees in its discretion, but in no event less than ten (10) calendar days from the date the contract is delivered, in which to sign the contract and return it to the board. If the board of trustees does not make a determination as to how long the person has to sign and return the contract, the default time limit shall be twenty-one (21) calendar days after the contract is delivered to the person. Delivery of a contract may be made only in person or by certified mail, return receipt requested or electronically, return receipt requested. When delivery is made in person, delivery of the contract must be acknowledged by a signed receipt. When delivery is made by certified mail or electronically, delivery must be acknowledged by the return of the certified mail receipt or return electronic receipt from the person to whom the contract was sent. If the delivery is made electronically, with return electronic receipt, and the district has not received a return of a signed contract and has not received an electronic read receipt from the employee, the district shall then resend the original electronically delivered contract to the employee via certified mail, return receipt requested, and provide such individual with a new date for contract return. Should the person willfully refuse to acknowledge receipt of the contract or the contract is not signed and returned to the board in the designated period of time or if no designated period of time is set by the board, the default time, the board or its designee may declare the position vacant. The board of trustees shall withhold the salary of any teacher who does not hold a teaching certificate valid in this state. It shall not contract to require any teacher to make up time spent in attending any meeting called by the state board of education or by the state superintendent of public instruction; nor while attending regularly scheduled official meetings of the state teachers association. No contract shall be issued for the next ensuing year until such time as the employee’s formal written performance evaluation has been completed. If applic
33-514
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-514. Issuance of annual contracts — Support programs — Categories of contracts — Optional placement. (1) The board of trustees shall establish criteria and procedures for the supervision and evaluation of certificated employees who are not employed on a renewable contract, as provided for in section 33-515 , Idaho Code. (2) There shall be three (3) categories of annual contracts available to local school districts under which to employ certificated personnel: (a) A category 1 contract is a limited one (1) year contract as provided in section 33-514A , Idaho Code. (b) A category 2 contract is for certificated personnel in the first and second years of continuous employment with the same school district. Upon the decision by a local school board not to reemploy the person for the following year, the certificated employee shall be provided a written statement of reasons for non-reemployment by no later than the first day of July. No property rights shall attach to a category 2 contract and therefore the employee shall not be entitled to a review by the local board of the reasons or decision not to reemploy. (c) A category 3 contract is for certificated personnel during the third year of continuous employment by the same school district. Any employee who has not completed nontraditional route program requirements while on a three (3) year interim certificate and has reached a category 3 contract status may not advance beyond a category 3 contract status and will be held at the category 3 status, regardless of having been continuously employed by the same school district for more than three (3) years, until such time as the nontraditional route program requirements have been met and a five (5) year renewable certificate has been issued. When any category 3 contract employee’s work is found to be unsatisfactory, a defined period of probation shall be established by the board, but in no case shall a probationary period be less than eight (8) weeks. After the probationary period, action shall be taken by the board as to whether the employee is to be retained, immediately discharged, discharged upon termination of the current contract or reemployed at the end of the contract term under a continued probationary status. Notwithstanding the provisions of sections 74-205 and 74-206 , Idaho Code, a decision to place certificated personnel on probationary status may be made in executive session and the employee shall not be named in the minutes of the meeting. A record of the decision shall be placed in the employee’s personnel file. This procedure shall not preclude recognition of unsatisfactory work at a subsequent evaluation and the establishment of a reasonable period of probation. In all instances, the employee shall be duly notified in writing of the areas of work that are deficient, including the conditions of probation. Each such certificated employee on a category 3 contract shall be given notice, in wr
33-514A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-514A. Issuance of limited contract — Category 1 contract. After August 1, or pursuant to section 33-507 (3), Idaho Code, the board of trustees may exercise the option of employing certified personnel on a one (1) year limited contract, which may also be referred to as a category 1 contract consistent with the provisions of section 33-514 , Idaho Code. Such a contract is specifically offered for the limited duration of the ensuing school year, and no further notice is required by the district to terminate the contract at the conclusion of the contract year. History: [33-514A, added 1997, ch. 125, sec. 1, p. 374; am. 2000, ch. 66, sec. 2, p. 150; am. 2014, ch. 252, sec. 2, p. 635.]
33-515
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-515. Issuance of renewable contracts. (1) During the third full year of continuous employment by the same school district, including any specially chartered district, each certificated employee named in subsection (34) of section 33-1001 , Idaho Code, and each school nurse and school librarian who has obtained a professional endorsement under section 33-1201A , Idaho Code, shall be evaluated for a renewable contract and shall, upon having been offered a contract for the next ensuing year, and upon signing and timely returning a contract for a fourth full year, be placed on a renewable contract status with said school district entitling such individual to the right to automatic renewal of contract, subject to the provisions included in this chapter, provided that instructional staff who have not obtained a professional endorsement under section 33-1201A , Idaho Code, may not be placed on a renewable contract status, provided however, if the career ladder pursuant to section 33-1004B , Idaho Code, is not funded, then a professional endorsement shall not be required. Additionally, any individual who has not successfully completed the three (3) year nontraditional route program while on a three (3) year interim certificate and has not yet been issued a five (5) year renewable certificate may not be placed on a renewable contract. Such individual will remain on a category 3 contract, even after serving three (3) continuous years of employment with the same school district. (2) At least once annually, the performance of each renewable contract certificated employee, school nurse, or school librarian shall be evaluated according to criteria and procedures established by the board of trustees in accordance with general guidelines approved by the state board of education. Such an evaluation shall be completed no later than June 1 of each year. The evaluation shall include a minimum of two (2) documented observations, one (1) of which shall be completed prior to January 1 of each year. (3) Any contract automatically renewed under the provisions of this section may be renewed for a shorter term, longer term or the same length of term as stated in the current contract and at a greater, lesser or equal salary as that stated in the current contract. Absent the board’s application of a formal reduction in force, renewals of standard teacher contracts may be for a shorter term, longer term or the same length of term as stated in the current standard teacher contract and at a greater, lesser or equal salary, and shall be uniformly applied to all employees based upon the district’s adopted salary schedule to the extent allowable in section 33-1004E , Idaho Code. (a) Contracts issued pursuant to this section shall be issued on or before the first day of July each year. (b) At the discretion of the board, the district may issue letters of intent for employment for the next ensuing school year to renewable contract st
33-515A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-515A. Supplemental contracts. (1) In addition to the provisions of sections 33-514 , 33-514A and 33-515 , Idaho Code, a board of trustees may enter into supplemental contracts to provide extra duty or extra day assignments for certificated employees. (2) An extra duty assignment is, and extra duty supplemental contracts may be used for, an assignment which is not part of a certificated employee’s regular teaching duties. Any such contract shall be separate and apart from the certificated employee’s underlying contract, and no property rights shall attach to a supplemental extra duty contract. If a board of trustees determines not to reissue a supplemental extra duty contract, the board shall give written notice to the employee describing reasons for the decision not to reissue. The employee, upon written request to the board, shall be entitled to an informal review. The process and procedure for informal review shall be determined by the board of trustees. Should a board of trustees provide for additional procedures, nothing in this section shall be interpreted to limit those procedures. The contract shall be in a form approved by the state superintendent of public instruction. (3) An extra day assignment is, and supplemental extra day contracts may be used for, an assignment of days of service in addition to the standard contract length used for the majority of certificated employees in the district. Such additional days may be in service of the same activities as the certificated employee’s regular teaching duties. Any such extra day contracts shall provide the same daily rate of pay and rights to due process and procedures as provided by the certificated employee’s underlying contract. The contract shall be in a form approved by the state superintendent of public instruction. (4) For the purposes of this section, underlying contract means either a category 1, 2, 3 or renewable contract. History: [33-515A, added 1999, ch. 208, sec. 2, p. 558; am. 2016, ch. 288, sec. 1, p. 791.]
33-516
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-516. Right to renewable contract when district is divided, consolidated or reorganized. If, by reason of the division of a school district, including any specially chartered district, or by reason of the consolidation of such a district with another district, or other districts, or by reason of the reorganization of such a district, the position held by any teacher entitled to a renewable contract is transferred from the control of one board of trustees to the control of a new or different board of trustees, the right to automatic renewal is not thereby lost, and such new or different board of trustees shall be subject to all of the provisions of this chapter with respect to such teacher in the same manner as if such teacher were its employee and had been its employee during the time such teacher was actually employed by the board of trustees from whose control the position was transferred. History: [(33-516) 1973, ch. 126, sec. 3, p. 238; am. and redesig. 1984, ch. 286, sec. 11, p. 668.]
33-517
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-517. Noncertificated personnel. The board of trustees of each school district, including any specially chartered district and any Idaho public charter school, shall have the following powers and duties: (1) To provide that hiring and evaluation procedures for noncertificated personnel shall be in writing and shall be available for any noncertificated employee’s review during regular business hours. Job descriptions for all noncertificated employees shall be written and shall be made available to employees of the district or other people seeking employment. (2) To provide a grievance procedure for noncertificated employees of the district which meets the minimum standards of paragraphs (a) through (i) of this subsection. In the event a grievance procedure is not provided, the following grievance procedure shall apply. (a) A grievance shall be defined as a written allegation of: (i) A violation of current written board approved school district policy; (ii) A violation of current written school procedures; (iii) A violation of the current written board approved employee handbook; (iv) A condition or conditions that jeopardize the health or safety of the employee or another; or (v) Tasks assigned outside of the employee’s essential job functions and for which the employee has no specialized training. A noncertificated employee of the district may file a grievance about any matter related to his or her employment, only if it directly relates to any of the grounds for a grievance provided for in paragraph (a)(i) through (v) of this subsection. However, neither the rate of salary or wage of the employee nor the decision to terminate an employee for cause during the initial one hundred eighty (180) days of employment shall be a proper subject for consideration under the grievance procedure provided in this section. For the purposes of this section, current means as of the date of the incident giving rise to the grievance. (b) If a noncertificated employee files a grievance, the employee shall submit the grievance in writing to the district’s human resources administrator within six (6) working days of the incident giving rise to the grievance. The grievance shall state the nature of the grievance and the remedy sought. Within six (6) working days of receipt of the grievance, the district’s human resources administrator shall schedule an informal grievance meeting with the grievant, the employee against whom the grievance is filed, respective advocates, as well as a district administrator who will not be involved in the statutory grievance process. The purpose of the meeting shall be to attempt to find a resolution to the employee grievance. (c) If a resolution is not reached during the informal grievance meeting, the individual against whom a grievance is filed shall file a written response to the employee grievance within six (6) working days after the conclusion of the informal grievance meeting. Therea
33-517A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-517A. School districts — Noncertificated employees — Group health insurance. The board of trustees of each school district, including any specially chartered district, shall provide the same group health insurance benefits to all noncertificated employees who work twenty (20) hours or more per week, as provided to certificated employees. History: [33-517A, added 1994, ch. 282, sec. 1, p. 883.]
33-518
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-518. Employee personnel files. The board of trustees of each school district, including any specially chartered district, shall provide for the establishment and maintenance of a personnel file for each employee of the school district. Each personnel file shall contain any and all material relevant to the evaluation of the employee. The employee shall be provided timely notice of all materials placed in the personnel file and shall be afforded the opportunity to attach a rebuttal to any such materials. Personnel files are declared to be confidential and excepted from public access under any provision of the Idaho Code, including, but not limited to, sections 74-102 and 59-1009 , Idaho Code, provided that each employee or designated representative shall be given access to his own personnel file upon request and shall be provided copies of materials contained therein, with the exception of recommendation letters, in a timely manner upon request. History: [33-518, added 1990, ch. 418, sec. 1, p. 1157; am. 2015, ch. 244, sec. 19, p. 1018; am. 2017, ch. 58, sec. 14, p. 109.]
33-519
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-519. Release for religious instruction. Upon application of his parent or guardian, or, if the student has attained the age of eighteen (18) years, upon application of the student, a student attending a public school in grades nine (9) through twelve (12) may be excused from school for a period not exceeding five (5) periods in any week or not exceeding one hundred sixty-five (165) hours per student during any one (1) school year for religious or other purposes. Release time pursuant to this section shall be scheduled by the board of trustees upon application as provided herein and the board shall have reasonable discretion over the scheduling and timing of the release time. Release time pursuant to this section shall not reduce the minimum graduation requirements for accredited Idaho high schools. The provisions of this section shall not be deemed to authorize the use of any public school facility for religious instruction. The board of trustees of a school district may not authorize the use of, and public school facilities, personnel or equipment may not be utilized, to maintain attendance records for the benefit of release time classes for religious instruction. No credit shall be awarded by the school or school district for completion of courses during release time for religious purposes. At the discretion of the board credit may be granted for other purposes. History: [33-519, added 1991, ch. 250, sec. 1, p. 618; am. 2010, ch. 180, sec. 1, p. 370.]
33-520
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-520. Policy governing medical inhalers, epinephrine auto-injectors, insulin and blood glucose monitoring supplies. (1) The board of trustees of each school district, including charter districts, shall adopt a policy permitting the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illness or by way of an epinephrine auto-injector for severe allergic reaction (anaphylaxis). On or before September 1, 2016, such boards of trustees shall also adopt a policy permitting the self-administration of diabetes medication and blood glucose monitoring by a pupil with diabetes. (2) As used in this section: (a) Medication means an epinephrine auto-injector, a metered-dose inhaler or a dry powder inhaler or insulin prescribed by a physician and having an individual label; and (b) Self-administration means a student’s use of medication or of blood glucose monitoring supplies pursuant to prescription or written direction from a physician. (3) A student who is permitted to self-administer medication or blood glucose monitoring pursuant to this section shall be permitted to possess and use a prescribed inhaler, an epinephrine auto-injector, insulin or blood glucose monitoring supplies at all times. (4) Nothing in this section shall be construed to prevent a school district from requiring pupils to maintain current duplicate prescription medications or blood glucose monitoring supplies with the school nurse or, in the absence of such nurse, with the school administrator. History: [33-520, added 2004, ch. 336, sec. 1, p. 1007; am. 2008, ch. 305, sec. 1, p. 846; am. 2016, ch. 184, sec. 1, p. 496.]
33-520A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-520A. Life-threatening allergies in schools — guidelines, stock supply of epinephrine auto-injectors and emergency administration. (1) As used in this section, the following definitions shall apply: (a) Administer means the direct application of an epinephrine auto-injector to the body of an individual. (b) Designated school personnel means an employee, agent or volunteer of a school designated by the governing authority of a school who has completed the training to provide or administer an epinephrine auto-injector to a student. (c) Epinephrine auto-injector means a device that automatically injects a premeasured dose of epinephrine. (d) Provide means the supply of one (1) or more epinephrine auto-injectors to an individual. (e) School means any public or nonpublic school. (f) Self-administration means a student or other person’s discretionary use of an epinephrine auto-injector, whether provided by the student or by a school nurse or designated school personnel pursuant to the provisions of this section. (2) Any physician, advanced practice registered nurse licensed to prescribe or physician assistant licensed to prescribe pursuant to title 54 , Idaho Code, may prescribe epinephrine auto-injectors in the name of a school to be maintained for use in accordance with subsection (3) of this section. Licensed pharmacists and physicians may dispense epinephrine auto-injectors pursuant to a prescription issued in accordance with this subsection. A school may maintain a stock supply of epinephrine auto-injectors. (3) The governing authority of a school may authorize school nurses and designated school personnel to do the following: (a) Provide an epinephrine auto-injector to a student to self-administer the epinephrine auto-injector in accordance with a prescription specific to the student on file with the school nurse; (b) Administer an epinephrine auto-injector to a student in accordance with a prescription specific to the student on file with the school nurse; and (c) Administer an epinephrine auto-injector to any student or other individual on school premises that the school nurse or designated school personnel in good faith believes is experiencing anaphylaxis regardless of whether the student or other individual has a prescription for an epinephrine auto-injector. (4) A school may enter into arrangements with manufacturers of epinephrine auto-injectors or third-party suppliers of epinephrine auto-injectors to obtain epinephrine auto-injectors at fair market price, reduced price or free. (5) The governing authority of a school that participates in supplying and administering epinephrine auto-injectors pursuant to the provisions of this section shall do the following: (a) Require each school that maintains a stock supply and administers epinephrine auto-injectors to submit a report of each incident at the school or related school event involving a severe allergic reaction or the administration of an
33-521
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-521. Employee severance in consolidated district. The board of trustees of any school district newly formed within the last twelve (12) months through the consolidation of two (2) or more school districts may offer a one (1) time severance payment to a maximum of ten percent (10%) of the employees that were previously employed by the separate school districts. Such severance offers shall be made entirely at the discretion of the board of trustees, and shall not be bound by custom, seniority or contractual commitment. Employees are under no obligation to accept a severance offer. Any employee accepting a severance payment shall not be eligible for reemployment by the school district for a one (1) year period thereafter. The severance payment shall consist of fifty-five percent (55%) of the salary-based apportionment funds allocated for the employee in the last year, plus any applicable state paid employee benefits. Such severance shall be reduced by one-half (1/2) for any employee who is simultaneously receiving a disbursement of early retirement incentive funds. The state department of education shall reimburse eligible school districts for one hundred percent (100%) of such costs, upon application by the school district. History: [33-521, added 2007, ch. 79, sec. 3, p. 210; am. 2019, ch. 161, sec. 2, p. 526.]
33-522
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-522. financial emergency. (1) Prior to declaring a financial emergency, the board of trustees shall hold a public meeting for the purpose of receiving input concerning possible solutions to the financial problems facing the school district. (2) If the state department of education certifies that one (1) or more of the conditions in paragraph (a), (b) or (c) of this subsection are met, then the board of trustees may declare a financial emergency if it determines that the condition in paragraph (f) of this subsection is also met. Alternatively, the board of trustees may declare a financial emergency if it determines that either of the conditions in paragraph (d) or (e) of this subsection are met and the state department of education certifies that the condition set forth in paragraph (f) of this subsection is also met. (a) Any of the base salary multipliers in section 33-1004E , Idaho Code, are reduced by one and one-half percent (1 1/2%) or more from any prior fiscal year. (b) The minimum instructional salary provision in section 33-1004E , Idaho Code, is reduced by one and one-half percent (1 1/2%) or more from any prior fiscal year. (c) The amount of total general fund money appropriated per support unit is reduced by greater than three percent (3%) from the original general fund appropriation per support unit of any prior fiscal year. (d) The amount of property tax revenue to be collected by the school district that may be used for any general fund purpose, with the exception of any emergency levy funds, is reduced from the prior fiscal year, and the amount of said reduction represents more than one and one-half percent (1 1/2%) of the school district’s general fund budget for combined state and local revenues from the prior fiscal year. (e) The school district’s general fund has decreased by at least one and one-half percent (1 1/2%) from the previous year’s level due to a decrease in funding or natural disaster, but not as a result of a drop in the number of support units or the index multiplier calculated pursuant to section 33-1004A , Idaho Code, or a change in the emergency levy. (f) The school district’s unrestricted general fund balance, which excludes funds restricted by state or federal law and considering both anticipated expenditures and revenue, is less than five and one-half percent (5 1/2%) of the school district’s unrestricted general fund budget at the time the financial emergency is declared or for the fiscal year for which the financial emergency is declared. (3) Upon its declaration of a financial emergency, the board of trustees shall: (a) Have the power to reopen the salary and benefits compensation aspects of the negotiated agreement, including the length of the certificated employee contracts and the amount of compensation and benefits; and (b) If the parties to the negotiated agreement mutually agree, reopen other matters contained within the negotiated agreement directly
33-522A
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-522A. reduction in force defined. (1) A reduction in force may occur when there are: (a) Curriculum or program changes; (b) Negative changes in the financial conditions of the school district; (c) Decreases in student enrollment, including overall, by program, by grade or by school; or (d) Staffing or highly qualified teacher limitations of the district. (2) For purposes of title 33 , reduction in force means the elimination of a certificated staff position or positions or a portion or percentage of a position or positions, when there is one (1) or more of the following: (a) The elimination of an entire program or portions of a program; (b) The elimination of positions in certain grade levels only; (c) The elimination of a position by category; or (d) The elimination of a position in an overall review of the district. (3) (a) The decision to institute a reduction in force and the selection of an employee or employees subject to such reduction shall be at the sole discretion of the board of trustees, except for the following limitation: The decision as to which employee or employees shall be subject to such reduction shall not be made solely on consideration of employee seniority or contract status. (b) Each school district may adopt a policy establishing an equitable method of recalling individuals subject to a reduction in force if positions become available subsequent to the reduction in force. History: [33-522A, added 2015, ch. 249, sec. 1, p. 1045.]
33-523
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-523. STEM DIPLOMA. (1) For purposes of this section, STEM means science, technology, engineering and mathematics. (2) A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma designated as a STEM diploma if the student earned at least: (a) Eight (8) credits in mathematics; (b) Eight (8) credits in science; and (c) In addition to the credits listed in paragraphs (a) and (b) of this subsection, five (5) credits in the student’s choice of any or all subjects of science, technology, engineering or mathematics. (3) This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education. (4) A student who has completed eight (8) or more credits in mathematics that include algebra II or a higher-level mathematics class before the student’s senior year is not required to take a mathematics class in the student’s senior year. (5) Each school district and public charter school may create a diploma with a special STEM designation for students who meet the requirements of this section. (6) The state board of education may promulgate rules necessary to implement the provisions of this section. History: [33-523, added 2018, ch. 60, sec. 1, p. 150.]
33-524
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-524. biliteracy diploma. (1) For purposes of this section, world language means a language other than English. (2) A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma bearing a state seal of biliteracy if the student: (a) Demonstrates proficiency in English according to an assessment or other method designated by the state board of education; and (b) Demonstrates proficiency in at least one (1) world language by: (i) Passing a foreign language advanced placement examination with a score of three (3) or higher; (ii) Passing an international baccalaureate examination with a score of four (4) or higher; (iii) Demonstrating intermediate mid level proficiency or higher in the world language based on the American council on the teaching of foreign languages (ACTFL) proficiency guidelines, using assessments approved by the state board of education; (iv) Qualifying for four (4) competency-based credits by demonstrating proficiency in the world language at the intermediate mid level or higher based on the ACTFL proficiency guidelines, according to the school district’s or public charter school’s policy and procedure for competency-based credits for world languages; or (v) Demonstrating proficiency in speaking, writing, and reading the world language through other national or international assessments approved by the state board of education at a level comparable to the intermediate mid level or higher in the ACTFL proficiency guidelines. (3) This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education. (4) Each school district and public charter school may create a diploma indicating that a student has earned the state seal of biliteracy for students who meet the requirements of this section. (5) The state board of education shall promulgate rules necessary to implement the provisions of this section. History: [33-524, added 2020, ch. 89, sec. 1, p. 240.]
33-525
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-525. advance enrollment for military dependents. Each school district shall establish a process under which a child may enroll in or register for courses at a school in the school district, regardless of where such child resides at the time of enrollment or registration, if the child is a dependent of a member of the United States armed forces who has received transfer orders to a location in Idaho and will, upon such transfer, reside in the school district. History: [(33-525) 33-524, added 2020, ch. 64, sec. 1, p. 147; am. and redesig. 2021, ch. 321, sec. 14, p. 954.]
33-526
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-526. workforce readiness AND CAREER TECHNICAL EDUCATION diploma. (1) A public school student who successfully completes all graduation requirements established by the state board of education may receive a high school diploma designated as a workforce readiness and career technical education diploma if the student has: (a) Successfully passed a technical skills assessment; (b) Successfully passed the workplace readiness assessment; and (c) Demonstrated competency of career technical education program standards as identified within skillstack or a successor program and earned the workforce readiness badge or a relevant industry certification. A list of eligible certificates will be created by the division of career technical education. (2) (a) This section does not require a student to complete more than the total credits required to graduate as determined by the state board of education. (b) A student may earn the last year of math and English credits through a practical math or technical writing course. (c) A student is encouraged to earn a relevant industry certification. (3) Each school district and public charter school may create a diploma with a special workforce readiness and career technical education designation for students who meet the requirements of this section. (4) The state board of education may promulgate rules necessary to implement the provisions of this section. History: [33-526, added 2021, ch. 287, sec. 1, p. 862.]
33-527
TITLE 33 EDUCATION CHAPTER 5 DISTRICT TRUSTEES 33-527. Military Leave. (1) Any Idaho public school district or public charter school employee who is a member of the militia of this state or any other state, and who is ordered to active duty, training, or other duty by the governor, the adjutant general, or other lawful authority, shall be entitled to the same benefits and protections given to persons in the uniformed services as provided in 38 U.S.C. 4301-4313 and 4316-4319. (2) Any Idaho public school district or public charter school employee who is a member of the uniformed services as that term is defined in 38 U.S.C. 4303, the reserve components, or the militia of this state or any other state, and who is ordered to active duty, training, or other performance of duty requiring absence from work shall be entitled to a minimum of ten (10) contract days of paid military leave each school year. Military leave shall be authorized when the employee submits a copy of the orders or other official documentation from the appropriate military authority that indicate the dates of voluntary or involuntary service. (3) Any Idaho public school district or public charter school employee with available annual or vacation leave is entitled to use the leave for compensation during a term of military service. (4) Any Idaho public school district or public charter school may establish an employment right or benefit that is more beneficial than, or is in addition to, a right or benefit provided under this section. History: [33-527, added 2024, ch. 50, sec. 1, p. 259.]