Title 33 — EDUCATION

33-5203. APPROVAL OF PUBLIC CHARTER SCHOOLS. (1) No whole school district may be converted to a charter district or any configuration that includes all schools as public charter schools. (2)(a) The authorizer must receive an application no later than September 1 for a new public …

33-5204. NONPROFIT CORPORATION — LIABILITY — INSURANCE. (1) A public charter school shall be organized and managed pursuant to the Idaho nonprofit corporation act, chapter 30, title 30, Idaho Code. The board of directors of a public charter school shall be deemed public agents au…

33-5205. APPLICATION TO ESTABLISH A PUBLIC CHARTER SCHOOL — Hearing — application decision — appeal procedure — term. (1) A public charter school application may be submitted to only one (1) authorizer at a time. If an application has been denied by an authorizer or an applicatio…

33-5205A. TRANSFER OF CHARTER. (1) A charter may be transferred to, and placed under the chartering authority of, any authorizer if the receiving authorizer and the charter holder agree to such transfer. The receiving authorizer and charter holder may agree to revisions to the ch…

33-5205B. PERFORMANCE-BASED ACCOUNTABILITY. (1) Within seventy-five (75) days of approval of a charter application, the authorizer and the charter holder shall negotiate and execute a performance certificate that clearly sets forth the agreed-upon academic and operational perform…

33-5205C. PUBLIC CHARTER SCHOOL REPLICATION. (1) Public charter schools that have successfully completed at least one (1) renewal without condition may apply for fast-tracked replication. (2) Replication public charter schools must have the same operational model and serve the sa…

33-5206. REQUIREMENTS FOR OPERATING A PUBLIC CHARTER SCHOOL. (1) A public charter school shall be nonsectarian in its programs, affiliations, admission policies, employment practices, and all other operations, shall not charge tuition, levy taxes, or issue bonds, and shall not di…

33-5207. PUBLIC CHARTER SCHOOL FINANCIAL SUPPORT. (1) Except as otherwise provided for in this section, the state department of education shall make the following apportionment to each charter school for each fiscal year based on attendance figures submitted in a manner and time …

33-5209A. CHARTER RENEWALS. (1) A charter may be renewed for successive terms. An authorizer may grant renewal with specific written conditions for necessary improvements to a public charter school and a date by which the conditions must be met. (2) No later than September 1, the…

33-5209C. REVOCATION OF A CHARTER. (1) A charter may be revoked by the authorizer if, after fair and specific notice from the authorizer, the public charter school: (a) Commits a material and substantial violation of any of the terms, conditions, standards, or procedures required…

33-5210. APPLICATION OF SCHOOL LAW — EXEMPTION FROM STATE RULES. (1) All public charter schools are under the general supervision of the state board of education. (2) Each public charter school shall comply with the financial reporting requirements of section 33-701 5. through 10…

33-5211. TECHNICAL SUPPORT AND INFORMATION. (1) Upon request, the state department of education shall provide technical assistance to persons or authorizers preparing or reviewing charter applications or performance certificates and to existing public charter schools in the same …

33-5212. SCHOOL CLOSURE AND DISSOLUTION. (1) Authorizers shall have a public charter school closure protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, and proper disposition of school funds, property, and assets i…

33-5213. PUBLIC CHARTER SCHOOL COMMISSION. (1) There is hereby created an independent public charter school commission under the state board of education. The commission is hereby authorized to appoint a director who shall serve at the pleasure of the commission and shall receive…

33-5214. PUBLIC CHARTER SCHOOL AUTHORIZERS FUND. There is hereby created in the state treasury a fund to be known as the public charter school authorizers fund. All authorizer fees paid for public charter schools under the governance of the public charter school commission shall …

33-5216. Military Leave. Public charter schools shall comply with the provisions of section 33-527, Idaho Code.

33-5217. PUBLIC CHARTER SCHOOL revolving loan fund. (1) There is hereby established in the state treasury the public charter school revolving loan fund to assist qualifying charter schools in obtaining financing for facility purchases, improvements, and construction. The fund sha…

33-5218. PUBLIC CHARTER SCHOOL FACILITIES PROGRAM. (1) Legislative intent. It is the intent of the legislature, in recognition that providing Idaho students with a thorough education is an essential public purpose of the state, to support public charter schools by providing a mec…

33-5301. Title. This chapter shall be known as the "Idaho School Bond Guaranty Act."

33-5302. Definitions. (1) "Board" means the board of trustees of a school district, including a specially chartered district, existing now or later under the laws of the state. (2) "Bond" means any general obligation bond or refunding bond issued after the effective date of this …

33-5303. State’s guaranty — Monitoring of financial solvency contract with bondholders — guaranty — Limitation as to certain refunded bonds. (1) (a) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair, or limit the rights v…

33-5304. Program eligibility — Option to forego guaranty. (1) (a) Any school district through its board of trustees or its superintendent may apply to the state treasurer for the state’s guaranty of its eligible bonds under this chapter. Where voter approval of a bond issuance is…

33-5305. State to monitor fiscal solvency of school districts — Duties of state treasurer and state superintendent of public instruction. (1) The state treasurer shall: (a) Receive the following from each school district applying for the state’s guaranty under this chapter and ea…

33-5306. Paying agent to provide notice — State treasurer to execute transfer to paying agents — Effect of transfer. (1) (a) The superintendent of each school district with outstanding, unpaid bonds shall transfer moneys sufficient for the scheduled debt service payment to its pa…

33-5307. State financial assistance intercept mechanism — duties of State treasurer and attorney general — Interest and penalty provisions. (1) (a) If one (1) or more payments on bonds are made by the state treasurer as provided in this chapter, the state treasurer shall: (i) Imm…

33-5308. Backup liquidity arrangements. (1) If, at the time the state is required to make a debt service payment under its guaranty on behalf of a school district, sufficient moneys of the state are not on hand and available for that purpose, the state treasurer shall gather suff…

33-5308A. State notes issued to finance default avoidance program. State notes issued by the state treasurer pursuant to section 33-5308, Idaho Code, shall comply with the following: (1) Each series of notes issued shall mature not later than twelve (12) months from the date the …

33-5309. Unlimited sales tax receipts pledge — State controller duties. (1) (a) There is hereby created in the state treasury the public school guarantee fund. Moneys in the fund shall be used only for payment of debt service payments under the provisions of this chapter, repayme…

33-5310. credit enhancement program. If approved to participate in the Idaho school bond guaranty program established in this chapter, a school district may also seek credit enhancement, as authorized pursuant to section 57-728, Idaho Code, by applying therefor pursuant to sectio…

33-5401. Definitions. As used in this chapter, the following terms have the following meanings unless the context clearly denotes otherwise: (1) "Account" means an individual trust account or savings account established as prescribed in this chapter. (2) "Account owner" means the…

33-5402. State college savings program board — College savings program — Powers and duties. There is hereby created the state college savings program board. The board shall consist of the state treasurer or his designee who shall serve as chair, the governor or designee, the stat…

33-5403. administration of the program. (1) The board shall implement the program through its staff, agreements with one (1) or more financial institutions engaged to act as the program’s depositories and managers, or through agreements with any public entity or agency, including…

33-5404. Program requirements. (1) The program shall be operated through the use of individual accounts. Each account may be opened by any person who desires to save for the qualified higher education expenses of a person. If approved by the board, minors may open an account that…

33-5405. Taxation to beneficiary. The designated beneficiary, as defined in section 529(e)(1) of the Internal Revenue Code, from an individual trust account or savings account established under this chapter is liable for taxes that may accrue under chapter 30, title 63, Idaho Cod…

33-5406. Scholarships and financial aid provisions. (1) Any student loan program, student grant program or other financial assistance program established or administered by this state shall treat the balance in an account of which the student is a designated beneficiary as if it …

33-5407. Limitations of chapter. (1) Nothing in this chapter shall be construed to: (a) Give any designated beneficiary any rights or legal interest with respect to an account unless the designated beneficiary is the account owner; (b) Guarantee that a designated beneficiary will…

33-5408. Annual report. The board shall submit an annual report to the speaker of the house of representatives and the president pro tempore of the senate by February 1 that summarizes the board’s findings and recommendations concerning the program established by this chapter.

33-5409. College savings fund. (1) There is hereby created in the state treasury the "College Savings Fund" to which shall be credited: (a) Administrative fees and service charges in connection with any agreement, contract or transaction related to the college savings program; (b…

33-5410. Unclaimed accounts. (1) Except as set forth in this section, unclaimed accounts shall be subject to the provisions of chapter 5, title 14, Idaho Code. (2) The date upon which the account owner is deemed to have last communicated that the owner is currently aware of his i…

33-5501. Short title. This chapter shall be known and may be cited as the "Idaho Digital Learning Academy Act of 2002."

33-5502. Creation — Legislative findings — Goal. (1) There is hereby created the Idaho digital learning academy, a public school-choice learning environment which joins the best technology with the best instructional practices. The Idaho digital learning academy as provided for i…

33-5503. Academy board of directors. (1) There is hereby created an academy board of directors which shall be responsible for the development and oversight of the Idaho digital learning academy. (2) The academy board of directors shall be comprised of eight (8) voting members and…

33-5504. Duties of the academy board of directors. The board shall be responsible for ensuring that academy procedures and courses are in compliance with the rules of the state board of education and applicable statutes of the state of Idaho. In addition, the board shall: (1) Rec…

33-5504A. Governmental entity. (1) The Idaho digital learning academy shall be a governmental entity as provided in section 33-5502, Idaho Code. For the purposes of section 59-1302(15), Idaho Code, the Idaho digital learning academy created pursuant to this chapter shall be deeme…

33-5504B. Expenditures — Budget. (1) There is hereby created in the state treasury the Idaho digital learning academy fund. The fund shall consist of appropriations, fees, grants, gifts or moneys from any other source. The state treasurer shall invest all idle moneys in the fund …

33-5505. Definitions. As used in this chapter: (1) "Academy board," also referred to in this chapter as "the board" means the board of directors of the Idaho digital learning academy as such board is created in section 33-5503, Idaho Code. (2) "Host district" means an Idaho schoo…

33-5506. Courses — Development — Brokered — Credit — Accreditation. Online courses shall reflect state of the art in multimedia-based digital learning. Courses offered shall be of high quality in appearance and presentation, and shall be designed to meet the needs of all students…

33-5507. Registration — Accountability. (1) A student may register with the academy upon recommendation from a traditional school counselor or administrator, or may register directly with the academy if there is no current public school affiliation. However, in order for coursewo…

33-5508. Funding. (1) Funding for the infrastructure of the program shall be provided pursuant to section 33-1020, Idaho Code. The superintendent shall disburse the funds to the Idaho digital learning academy board of directors who shall use the moneys to develop courses and main…

33-5509. Digital learning academy a state department for purposes of risk management. For risk management purposes, the Idaho digital learning academy shall be considered a state department for purposes of risk management pursuant to chapter 57, title 67, Idaho Code, and the depa…