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H0773..........................................................by EDUCATION EDUCATION BOARD - Amends existing law to clarify terminology, definitions and duties relating to the State Board of Education and Board of Regents of the University of Idaho, the councils under the State Board, the Office of the State Board and the executive officer and secretary of the State Board of Education. 02/25 House intro - 1st rdg - to printing 02/26 Rpt prt - to Educ
H0773|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 773 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE STATE BOARD OF EDUCATION; AMENDING SECTION 33-101, IDAHO CODE, 3 TO CLARIFY THAT THE STATE BOARD IS CREATED FOR THE GENERAL SUPERVISION OF 4 ALL STATE EDUCATIONAL INSTITUTIONS, TO PROVIDE THAT THE SEPARATE COUNCILS 5 ARE ADVISORY AND UNDER THE GENERAL SUPERVISION OF THE STATE BOARD AND TO 6 REDEFINE THE TERM "STATE BOARD" ACCORDINGLY; AMENDING SECTION 33-102, 7 IDAHO CODE, TO PROVIDE THAT THE COUNCILS UNDER THE STATE BOARD OF EDUCA- 8 TION ARE ADVISORY COUNCILS, TO PROVIDE THAT THE STATE SUPERINTENDENT OF 9 PUBLIC INSTRUCTION IS THE EXECUTIVE OFFICER AND TO MAKE TECHNICAL CORREC- 10 TIONS; AMENDING SECTION 33-102A, IDAHO CODE, TO PROVIDE THAT THE STATE 11 BOARD IS AUTHORIZED TO APPOINT AN EXECUTIVE SECRETARY; AMENDING SECTION 12 33-104, IDAHO CODE, TO PROVIDE THAT THE STATE SUPERINTENDENT AS EXECUTIVE 13 OFFICER SHALL CALL MEETINGS OF THE STATE BOARD AND TO PROVIDE FOR THE 14 ELECTION OF A PRESIDENT PRO TEMPORE OF THE STATE BOARD; AND AMENDING SEC- 15 TION 33-2802, IDAHO CODE, TO DELETE REFERENCE TO THE COUNCIL FOR HIGHER 16 EDUCATION WHEN REFERRING TO THE STATE BOARD OF EDUCATION AND THE BOARD OF 17 REGENTS OF THE UNIVERSITY OF IDAHO. 18 Be It Enacted by the Legislature of the State of Idaho: 19 SECTION 1. That Section 33-101, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 33-101. CREATION OF BOARD. For the general supervision, governance22and controlof all state educational institutions, a state board of 23 education is created. The board shall comprise two (2) separate advisory 24 councils acting under the general supervision of the board 25 , distinguished as follows: 26 (1) For general supervision of all state institutions of higher educa- 27 tion, and such institutions as may be designated by law, to wit: University of 28 Idaho, Idaho State University, Boise State University, Lewis-Clark State Col- 29 lege, the College of Southern Idaho, North Idaho College, and for any other 30 state higher educational institutions which may hereafter be founded, a n 31 advisory council for higher education ,and board of32regents of the University of Idahosubject to the authority of 33 the board, is hereby created. 34 (2) For general supervision, government and controlof the 35 public school system of the state, including the School for the Deaf and the 36 Blind and any other state educational institution not connected with higher 37 education which may hereafter be founded, a n advisory council for 38 public schools , subject to the authority of the board, is cre- 39 ated. 40(3) For theThe general supervision, gov-41ernance and controlof general educational institutions and programs of 42 common access to both higher education and public school systems, including 43 Eastern Idaho Technical College, vocational education, the State Library 2 1 Board, Idaho work study program, public broadcasting system, Idaho state his- 2 torical society, and other matters where required by law, shall be the 3 responsibility of the state board of educationshall regularly4conveneas a whole. 5 For the purposes of section 20, article IV, of the constitution of the 6 state of Idaho, the state board of education and all of its offices, agencies, 7 divisions and departments shall be an executive and administrative 8 department of state government. 9 Where the term "state board" shall hereafter appear, it shall mean the 10 state board of education .and, notwithstanding any other11provision of law to the contrary, where appropriate, pursuant to the assign-12ment of duties provided in this section, where such reference is relative to13postsecondary institutions and programs or associated arrangements such refer-14ence shall mean the council for higher education and board of regents of the15University of Idaho, and, where such reference is relative solely to public16schools, elementary through secondary levels, and associated programs, such17reference shall mean the council for public schools.18 SECTION 2. That Section 33-102, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 33-102. MEMBERSHIP -- APPOINTMENT -- TERM OF OFFICE -- QUALIFICATIONS -- 21 PLACE OF OFFICE. The state board of education shall consist of the state 22 superintendent of public instruction, who shall be anex-officio23 ex officio voting member and who shall serve as executive24secretaryofficer of the board ,for all25elementary and secondary school matters,and eight (8) members 26 appointed by the governor, each for a term of five (5) years of whom four (4) 27 members shall be selected for the advisory council for public 28 schools and four (4) members shall be selected for the advisory 29 council for higher education and board of regents. The additional member 30 appointed pursuant to this act shall serve an initial term of four (4) years, 31 and thereafter the term shall be for five (5) years. The state superintendent 32 of public instruction shall be anex-officioex officio 33 voting member and executive officer of both advisory 34 councils. Annually on the first day of March the governor shall appoint 35 members to fill the board positions for which the terms of office have 36 expired. The governor shall, by appointment, fill any vacancy on the board, 37 such appointment to be for the unexpired term of the retiring member. Appoint- 38 ment to the board shall be made solely upon consideration of the ability of 39 such appointees efficiently to serve the interests of the people, and educa- 40 tion, without reference to locality, occupation, party affiliation or reli- 41 gion. Any person appointed to said board shall have been a resident of the 42 state for not less than three (3) years prior to the date of appointment; and 43 shall qualify and assume the duties in accordance with laws governing similar 44 appointments to, and qualifications for, office on other state boards. All 45 appointments of members to the state board of education made after the effec- 46 tive date of this act must be confirmed by the senate. 47 Members of the state board of education holding office on the effective 48 date of this act shall continue in office for the balance of the term to which 49 they were appointed and shall be designated, by the governor, to the respec- 50 tive advisory council of which they shall be a member in such a 51 manner as to assure that no two (2) members of either advisory 52 council are serving terms which expire in the same year. 53 The state board shall have and maintain its office at the state capitol. 3 1 SECTION 3. That Section 33-102A, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 33-102A. OFFICE OF THE STATE BOARD -- EXECUTIVEOFFICER4 SECRETARY -- APPOINTMENT -- COMPENSATION -- DUTIES AND POWERS. 5 There is hereby createdas an executive agency of the state board of6educationthe office of the state board of education. The state board 7 of education is hereby authorized to appoint an executiveofficer8 secretary of the office of the state board who shall 9 serve at the pleasure of the state board and shall receive such salary as 10 fixed by the state board. No employee or contractor of the executive officer 11 of the state board of education or the office of the state board of education 12 shall serve as a tenured faculty member of or have a contract with a state 13 college or university.The executive secretary may be appointed as the14executive officer.The executiveofficersecretary 15 shall, under the direction of the state board of education 16 , have such duties and powers as prescribed by the said board of regents 17 and the state board of education, not otherwise assigned by law. As used in 18 this section, a "contractor" shall mean a person who has signed or agreed to a 19 contract with the state board of education or the executive officer of the 20 state board of education for a period longer than six (6) months in duration. 21 SECTION 4. That Section 33-104, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 33-104. MEETINGS OF THE BOARD -- HONORARIUM -- EXPENSES -- ORGANIZATION. 24 The state board shall hold no less than four (4) regular meetings annually at 25 such time and place as may be directed by the board. Special meetings may be 26 called by thepresidentstate superintendent of public 27 instruction as executive officer of the state board, at any time and 28 place designated in such call. 29 Each member shall be compensated as provided by section 59-509(h), Idaho 30 Code. 31 At its first meeting after the first day of April, in each year, the state 32 board shall organize and shall elect from its membership apresident, a33vicepresident pro tempore and a secretary. 34 SECTION 5. That Section 33-2802, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 33-2802. BOARD OF REGENTS .COUNCIL FOR HIGHER EDUCA-37TION.The general supervision, government and controlof 38 the University of Idaho is vested in thecouncil for higher39 state board of education which also constitutes the board of regents of 40 the university and is known as thecouncil for higherstate 41 board of education and board of regents of the University of Idaho.
STATEMENT OF PURPOSE
RS 07880
This legislation corrects language in Idaho Code 33-101, 33-102,
33-102A, 33-104 and 33-2802. HB 345 passed in 1993 was ruled
unconstitutional by the Idaho Supreme Court and a writ of
prohibition issued against implementation. This bill cleans up the
language to reflect the concerns advanced by the court.
FISCAL NOTE
There would be no additional impact upon the state General
Funds as a result of passage.
CONTACT: Representative Lenore Barrett
208-332-1000
Bill No. H 773