Title 33, EDUCATION

33-143. DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) The purpose of this section is to ensure that flags and banners displayed on public school property do not promote political, religious, or ideological viewpoints in order to maintain a neutral and inclusive envi…

33-144. PARTICIPATION IN FEDERAL TAX CREDIT SCHOLARSHIP PROGRAM. (1) The state of Idaho hereby elects to participate in the federal tax credit scholarship program established under section 70411, P.L. 119-21. (2) The state department of education shall: (a) No later than the firs…

33-145. Idaho Student Safety and Educator Disclosure Act. (1) The legislature finds that student safety is a paramount responsibility of the state and that uniform statewide reporting and disclosure requirements in the hiring of school employees is necessary to protect good faith…

33-201. School age. The services of the public schools of this state are extended to any acceptable person of school age. "School age" is defined as including all persons resident of the state, between the ages of five (5) and twenty-one (21) years. For the purposes of this secti…

33-202. School attendance compulsory. The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in…

33-203. Dual enrollment. (1) The parent or guardian of a child of school age who is enrolled in a nonpublic school or a public charter school shall be allowed to enroll the student in any public school, including another public charter school, for dual enrollment purposes. The bo…

33-204. Exemption for cause. When a licensed physician or psychiatrist shall state in writing to the board of trustees of a school district that the physical, mental or emotional condition of a child does not permit attendance at school, and a petition is filed with the board by …

33-205. Denial of school attendance. (1) The board of trustees may deny enrollment or attendance at any of its schools by expulsion, to any pupil: (a) Who is habitually truant; (b) Whose conduct, in the judgment of the board, is such as to be continuously disruptive of school dis…

33-206. Habitual truant defined. (1) An habitual truant is: (a) Any public school pupil who, in the judgment of the board of trustees, or the board’s designee, repeatedly has violated the attendance regulations established by the board; or (b) Any child whose parents or guardians…

33-207. Proceedings against parents or guardians. (1) Whenever the parents or guardians of any child between the ages of seven (7) years, as qualified in section 33-202, Idaho Code, and sixteen (16) years, have failed, neglected or refused to place the child in school as provided…

33-208. Kindergartens and child attendance not compulsory. It shall not be compulsory for individual school districts to establish a kindergarten program; and it shall not be mandatory for a child who is eligible by age for attendance to enroll in an established public kindergart…

33-209. Transfer of student records — Duties. Whenever a student transfers from one (1) school to another, within the district, within the state, or elsewhere, and the sending school is requested to forward student records, the sending school shall respond by forwarding a certifi…

33-210. Students using or under the influence of alcohol or controlled substances. (1) It is legislative intent that parental involvement in all aspects of a child’s education in the public school system remain a priority. Substance abuse prevention programs and counseling for st…

33-211. Students’ driver’s licenses. The board of trustees of a school district and all employees of the school district are authorized to and shall administer the school district’s portion of section 49-303A, Idaho Code, relating to driver’s licenses and school attendance.

33-212. AUTHORITY TO CLOSE SCHOOLS to prevent the spread of infectious disease. (1) Notwithstanding any provision of law or rule to the contrary, only the following person or entities shall have the authority to close schools or otherwise limit any aspect of school programs or ac…

33-301. School districts bodies corporate. Each school district, now or hereafter established, when validly organized and existing, is declared to be a body corporate and politic, and in its corporate capacity may sue and be sued and may acquire, hold and convey real and personal…

33-302. Classification of school districts. Elementary school districts shall give instruction only to pupils in grades one (1) through eight (8), and may give instruction in kindergarten. All other school districts shall give instruction to pupils in grades one (1) through twelv…

33-303. Reclassification of school districts. a. Whenever the board of trustees of an elementary school district shall propose to submit to the qualified electors of the district the question of issuance of bonds for the purpose of acquiring or building any secondary school build…

33-304. Joint school districts. In any joint district, the duties imposed upon, and the records required to be kept by, the county commissioners or any other county officer, in respect to school districts, including the assessment of taxable property and the levying of and collec…

33-305. Naming and numbering school districts. Each school district as the same is organized on the effective date of this act shall bear the same number as theretofore. Excepting specially chartered school districts, each school district operating a secondary school, or secondar…

33-306. Boundaries of school districts. There shall be no part of the area of the state of Idaho not included in the area of some school district. A legal description of the boundaries of each school district, as now or hereafter established, shall be kept by the state board of e…

33-307. Correcting or altering school district boundaries. (1) Whenever the state board of education shall find that school district boundaries should be corrected or altered, because of error in the legal description of the boundaries of any school district, or for any other rea…

33-308. Excision and annexation of territory. (1) A board of trustees of any school district, including a specially chartered school district, or one-fourth (1/4) or more of the school district electors residing in an area of not more than fifty (50) square miles within which the…

33-309. Lapsed districts — Annexation. (1) If the state board of education shall find any school district: (a) Has not operated its school for a period of one (1) school year; (b) In which the average daily attendance during each term of not less than seven (7) months in the two …

33-310. Consolidation of school districts. The boards of trustees of two (2) or more contiguous school districts may submit to the state board of education a plan for the consolidation of their districts into a single new district. The plan shall contain as a minimum the followin…

33-310A. Consolidation of contiguous school districts. In addition to the procedure contained in section 33-310, Idaho Code: A. five per cent (5%) or more of the registered voters from each of two (2) or more contiguous school districts, when such districts coincide with election…

33-310B. Feasibility study and plan for consolidation. All school districts operating one (1) or more high schools may conduct a feasibility study and prepare a plan for school consolidation, which may also include school district consolidation. The cost of such feasibility studi…

33-311. Plan of consolidation submitted to electors. The state board of education may approve or disapprove any plan proposing consolidation, and if it approves the same the department of education shall give notice thereof to the board of trustees of each school district proposi…

33-312. Division of school district. A school district may be divided so as to form not more than two (2) districts each of which must have contiguous boundaries, in the manner hereinafter provided, except that any district which operates and maintains a secondary school or schoo…

33-313. Trustee zones. (1) Each elementary school district shall be divided into three (3) trustee zones and each other school district shall be divided into no fewer than five (5) nor more than nine (9) trustee zones according to the provisions of section 33-501, Idaho Code. A s…

33-314. Appeal from order of state board of education. Any order of the state board of education affecting the organization, consolidation, division, annexation, excision, or change in boundaries of any school district, or districts, may be appealed to the district court of any c…

33-315. Cooperative educational services — Legislative intent declared. The legislature of the state of Idaho hereby declares its intent to encourage school districts to cooperatively provide those educational services which they are unable to offer singly or which can be provide…

33-316. Cooperative contract to employ specialized personnel and/or purchase materials. The trustees of two (2) or more school districts may cooperatively enter into written contract to employ specialized personnel and/or purchase materials which in the judgment of the contractin…

33-317. Cooperative service agency — Powers — Duties — Limitations. (1) Two (2) or more school districts may join together for educational purposes to form a service agency to purchase materials and/or provide services for use individually or in combination. The cooperative servi…

33-317A. Legislative intent — Cooperative Service agency — school plant facility levy. (1) For the purpose of constructing and maintaining facilities of a cooperative service agency, a properly constituted cooperative service agency may request from its member school districts ad…

33-318. Fair share of expenses — Appropriation from school district funds. For the services and materials received from a cooperative service agency, boards of trustees may appropriate from school district funds and pay to the service agency an amount determined by the governing …

33-319. RURAL SCHOOL DISTRICTS — RURAL PUBLIC CHARTER SCHOOLS. (1) A school district shall be considered a rural school district if it meets one (1) of the following two (2) criteria: (a) There are fewer than twenty (20) enrolled students per square mile within the area encompass…

33-320. STRATEGIC PERFORMANCE PLANS AND TRAINING. (1) Each school district and public charter school in Idaho shall develop and submit to the state department of education a strategic performance plan that has a continuous focus on innovating and improving: (a) Student academic p…

33-351. Subdistricts — Authority to establish — Election. The board of trustees of any school district which operates two (2) or more high schools may at any time, on its own motion or upon the filing with the board of trustees of a petition so requesting signed by not less than …

33-352. Establishment. Whenever a proposition for the creation of a school subdistrict shall have been approved in the manner set forth in section 33-351, Idaho Code, the board of trustees of the school district shall enter in its minutes an order providing for the establishment …

33-353. Nature and powers. Each school subdistrict created and established as provided in this act shall be a political subdivision of the state of Idaho. The board of trustees entering the order creating and establishing such school subdistrict shall be the governing body of all…

33-354. Indebtedness — Bond issues. School subdistricts may incur debt and issue bonds for the same purposes as set forth in section 33-1102, Idaho Code. The governing body of a school subdistrict may submit to the qualified electors of the school subdistrict the question of whet…

33-355. Levy for plant facilities reserve fund — Election. The governing body of a school subdistrict may call an election in the school subdistrict, pursuant to the provisions of section 33-804, Idaho Code, for the purpose of submitting to the qualified school electors of the sc…

33-357. creation of internet-based expenditure website. (1) As used in this section, unless otherwise required: (a) "Education provider" means: (i) A school district, including a specially chartered district organized and existing pursuant to law; (ii) A cooperative services agen…

33-358. kindergarten jump-start program — parent training. (1) A school district that offers a kindergarten screener in the spring for children who will enter kindergarten in the fall may use existing funds to establish up to a four (4) week kindergarten jump-start program for ch…

33-401. Legislative intent. The legislature finds that a comprehensive and integrated statutory scheme for the conduct of school elections is critical to the public’s understanding of and confidence in the public school election system. It is therefore the intent of the legislatu…

33-402. Notice requirements. (1) Notice of annual meeting of elementary school districts as provided for in section 33-510, Idaho Code, and of intent to discontinue a school, as provided for in section 33-511, Idaho Code, and annual budget hearing as provided for in section 33-80…

33-404. Places elections to be held. In elections involving excision and annexation of territory, or the consolidation of school districts, or the division of a school district, each notice of election shall designate that polling places shall be established, as follows: In an el…

33-405. Qualifications of school electors. Any person voting, or offering to vote, in any school election must be, at the time of the election eighteen (18) years of age and a United States citizen who has resided in this state and in the school district at least thirty (30) days…

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. Pr…