T33CH6

Title 33 > T33CH6

Sections (5)

33-601

TITLE 33 EDUCATION CHAPTER 6 SCHOOL PROPERTY 33-601. real and personal property — acquisition, use or disposal of same. The board of trustees of each school district shall have the following powers and duties: (1) To rent to or from others, school buildings or other property used, or to be used, for school purposes. (2) To contract for the construction, repair, or improvement of any real property, or the acquisition, purchase or repair of any equipment, or other personal property necessary for the operation of the school district. Except for the purchase of curricular materials as defined in section 33-118A , Idaho Code, such contract shall be executed in accordance with the provisions of chapter 28, title 67 , Idaho Code. (3) To designate and purchase any real property necessary for school purposes or in the operation of the district, or remove any building, or dispose of any real property. Prior to, but not more than one (1) year prior to, any purchase or disposal of real property, the board shall have such property appraised by an appraiser certified in the state of Idaho, which appraisal shall be entered in the records of the board of trustees and shall be used to establish the value of the real property. The board of trustees shall determine the size of the site necessary for school purposes. The site shall be located within the incorporated limits of any city within the district; provided, however, that if the board finds that it is not in the best interests of the electors and the students of the district to locate the site within the incorporated limits of a city, the board, by duly adopted resolution setting forth the reasons for its finding, may designate a site located elsewhere within the district. In elementary school districts, except upon removal for highway purposes, a site may be designated or changed only after approval of two-thirds (2/3) or more of the electors voting at the annual meeting. (4) (a) To convey, except as provided by paragraph (b) of this subsection, by deed, bill of sale, or other appropriate instrument, all of the estate and interest of the district in any property, real or personal. In elementary school districts, except such conveyance as is authorized by subsection (6) of this section, any of the transactions authorized in this subsection shall be subject to the approval of two-thirds (2/3) or more of the electors voting at the annual meeting. Prior to such sale or conveyance, the board shall have the property appraised pursuant to this section, which appraisal shall be entered in the records of the board of trustees. The property may be sold at public auction or by sealed bids, as the board of trustees shall determine, to the highest bidder. Such property may be sold for cash or for such terms and conditions as the board of trustees shall determine for a period not exceeding ten (10) years, with the annual rate of interest on all deferred payments not less than seven percent (7%) per annum. The title to all

33-601A

TITLE 33 EDUCATION CHAPTER 6 SCHOOL PROPERTY 33-601A. Leasing of goods, equipment, buses and portable classrooms. No provision of chapter 6, title 33 , or chapter 28, title 67 , Idaho Code, shall be construed to prevent a board of trustees from entering into lease-purchase agreements for goods, equipment, buses or portable classrooms, provided the agreement is in writing and meets all of the following requirements: (1) The annual lease payments shall reflect reasonable compensation for use; (2) No penalty shall be imposed on the school district for proper cancellation of the lease; (3) The right to exercise the option to purchase shall be at the sole discretion of the school district; and (4) The cost of purchase shall not exceed the reasonable value of the goods, equipment, buses or portable classrooms as of the time the option to purchase is exercised. For the purposes of this section, portable classroom means a facility which is not so related to particular real estate that an interest in it arises under real estate law. History: [33-601A, added 1992, ch. 175, sec. 1, p. 552; am. 2005, ch. 213, sec. 6, p. 643.]

33-603

TITLE 33 EDUCATION CHAPTER 6 SCHOOL PROPERTY 33-603. Payment of fees or returning of property. The board of trustees of each school district shall have the power and the ability to require as a condition of graduation, as a condition of issuance of a diploma or certificate, or as a condition for issuance of a transcript, that any or all indebtedness incurred by the person when he was a student be satisfied, or that all books or other instructional material, uniforms, athletic equipment, advances on loans, or other personal property of the school district borrowed by the person when he was a student of the district be returned. Provided, the board of trustees of a school district or its designated employees may excuse the requirements of this section upon an adequate showing of financial need or other exigency and shall not delay transfer of school records to another school district or enrollment of the student in any other school. History: [33-603, added 1992, ch. 112, sec. 1, p. 342; am. 1996, ch. 138, sec. 1, p. 463.]

33-604

TITLE 33 EDUCATION CHAPTER 6 SCHOOL PROPERTY 33-604. renewable thermal energy. The board of trustees of each school district is empowered to establish, create, develop, own, maintain, operate and contract for the establishment, creation, development, ownership, maintenance and operation of thermal heating and cooling energy generation and distribution systems, including hot or chilled water systems, where thermal energy is generated from biomass, geothermal or solar renewable energy. History: [33-604, added 2010, ch. 220, sec. 1, p. 493.]

33-605

TITLE 33 EDUCATION CHAPTER 6 SCHOOL PROPERTY 33-605. sales of excess energy. The board of trustees of a school district which operates an energy system as described in section 33-604 , Idaho Code, may use, sell or exchange excess thermal hot or chilled water not needed by the school district subject to the following conditions: (1) Revenues from the sale of energy as described in section 33-604 , Idaho Code, shall be used for the benefit of the school district. (2) Sale of energy as described in section 33-604 , Idaho Code, shall be pursuant to a school district written contract approved by resolution of the board of trustees of the school district, which resolution shall be forwarded to the state department of education. History: [33-605, added 2010, ch. 220, sec. 2, p. 493.]