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S1317..........................................................by EDUCATION EDUCATION - CURRICULAR MATERIALS- Amends and repeals existing law to change terminology in education law from textbooks and textbook adoption committees to curricular materials and curricular materials adoption committees and to increase the reimbursement to school districts for feasibility studies to $10,000. 01/22 Senate intro - 1st rdg - to printing 01/23 Rpt prt - to Educ
S1317|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1317 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION; AMENDING SECTION 33-116, IDAHO CODE, TO PROVIDE THAT 3 SCHOOL DISTRICTS INCLUDING CHARTERED SCHOOL DISTRICTS ARE UNDER THE SUPER- 4 VISION OF THE STATE BOARD OF EDUCATION; AMENDING SECTION 33-118, IDAHO 5 CODE, TO PROVIDE THAT THE STATE BOARD SHALL DETERMINE HOW AND UNDER WHAT 6 RULES CURRICULAR MATERIALS SHALL BE ADOPTED; AMENDING SECTION 33-118A, 7 IDAHO CODE, TO PROVIDE FOR MEMBERSHIP AND OPERATION OF CURRICULAR MATE- 8 RIALS ADOPTION COMMITTEES AND TO DEFINE "CURRICULAR MATERIALS"; AMENDING 9 SECTION 33-310B, IDAHO CODE, TO PROVIDE A TEN THOUSAND DOLLAR REIMBURSE- 10 MENT LIMIT FOR FEASIBILITY STUDIES AND TO MAKE TECHNICAL CORRECTIONS; 11 AMENDING SECTION 33-512A, IDAHO CODE, TO PROVIDE FOR THE APPOINTMENT AND 12 OPERATION OF DISTRICT CURRICULAR MATERIALS ADOPTION COMMITTEES BY LOCAL 13 BOARDS OF TRUSTEES; AMENDING SECTION 33-601, IDAHO CODE, TO EXCEPT THE 14 PURCHASE OF CURRICULAR MATERIALS FROM CERTAIN CONTRACT REQUIREMENTS AND TO 15 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-1204, IDAHO CODE, TO PRO- 16 VIDE THAT THE STATE BOARD OF EDUCATION SHALL MAKE RULES REGARDING CERTIFI- 17 CATES; AMENDING SECTION 33-1212, IDAHO CODE, TO PROVIDE THAT A REQUEST BY 18 A LOCAL SCHOOL BOARD FOR WAIVER FROM BOARD RULES ON COUNSELOR/COUNSELING 19 REQUIREMENTS MUST BE APPROVED BY THE STATE DEPARTMENT OF EDUCATION; 20 REPEALING SECTIONS 33-1301, 33-1302 AND 33-1303, IDAHO CODE; AND AMENDING 21 SECTION 33-2009, IDAHO CODE, TO REQUIRE THAT INSTRUCTORS OF JUVENILE 22 OFFENDERS IN DETENTION FACILITIES SHALL BE CERTIFIED AND TO MAKE A TECHNI- 23 CAL CORRECTION. 24 Be It Enacted by the Legislature of the State of Idaho: 25 SECTION 1. That Section 33-116, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 33-116. SCHOOL DISTRICTS UNDER BOARD SUPERVISION. All school districts in 28 Idaho, including specially chartered school districts, shall be under the 29 supervisionand controlof the state board. 30 SECTION 2. That Section 33-118, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 33-118. COURSES OF STUDY --TEXTBOOKSCURRICULAR MATE- 33 RIALS . The state board shall prescribe the minimum courses to be taught 34 in all public elementary and secondary schools, and shall cause to be prepared 35 and issued, such syllabi, study guides and other instructional aids as the 36 board shall from time to time deem necessary. The board shall also determine 37 how and under whatregulations textbooksrules curricular 38 materials shall be adopted for the public schools. 39 SECTION 3. That Section 33-118A, Idaho Code, be, and the same is hereby 2 1 amended to read as follows: 2 33-118A.TEXTBOOKS AND INSTRUCTIONALCURRICULAR 3 MATERIALS -- ADOPTION PROCEDURES. Alltextbookcurricular 4 materials adoption committees appointed by the state board of education 5 shall contain at least two (2) persons who are not public educators or school 6 trustees. All meetings oftextbookcurricular materials 7 adoption committees shall be open to the public. Any member of the pub- 8 lic may attend such meetings and file written or make oral objections to any 9textbookcurricular materials under consideration. A 10 complete and cataloged library of alltextbookscurricular 11 materials adopted and used in Idaho public schools is to be maintained 12 at the state department of education in Boise at all times and open to the 13 public. 14 "Curricular materials" is defined as textbook and instructional 15 media including software, audio/visual media and internet resources. 16 SECTION 4. That Section 33-310B, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 33-310B. FEASIBILITY STUDY AND PLAN FOR CONSOLIDATION. All school dis- 19 tricts operating one (1) or more high schools may conduct a feas- 20 ibility study and prepare a plan for school consolidation, which may also 21 include school district consolidation. The cost of such feasibility studies 22 shall be reimbursed at an amount not to exceedfiveten 23 thousand dollars ($510 ,000) per study, in 24 accordance with rulesand regulationspromulgated by the state 25 board of education. The state board of education shall review and act upon all 26 plans for school consolidation. 27 SECTION 5. That Section 33-512A, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 33-512A. DISTRICTTEXTBOOKCURRICULAR MATERIALS 30 ADOPTION COMMITTEES. The board of trustees of each school district may appoint 31 atextbookcurricular materials adoption committee 32 to advise the board on selection oftextbookscurricular 33 materials, as defined in section 33-118A, Idaho Code, for use within 34 the schools of the district. Such a committee shall contain a membership at 35 least one-fourth (1/4) of which is persons who are not public educators or 36 school trustees. All meetings of the committee shall be open to the public and 37 any member of the public may attend such a meeting and file written or make 38 oral objections to anytextbookcurricular materials 39 under consideration. Each school district shall have on hand and available to 40 the public the titles, authors and publishers of alltextbooks41 curricular materials being used in the district. The public has 42 the right to inspect the instructional materials, except students' tests, used 43 in the district's schools. 44 SECTION 6. That Section 33-601, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 47 SAME. The board of trustees of each school district shall have the following 48 powers and duties: 49 1. To rent to or from others, school buildings or other property used, or 3 1 to be used, for school purposes. 2 2. To contract for the construction, repair, or improvement of any real 3 property, or the acquisition, purchase or repair of any equipment, or other 4 personal property necessary for the operation of the school district. 5 Except for the purchase of curricular materials as defined in sec- 6 tion 33-118A, Idaho Code, nNo such contract shall be exe- 7 cuted which entails the expenditure of fifteen thousand dollars ($15,000) or 8 more without notice first being given by publishing twice in the manner 9 required by subsections g . and h . of section 33-402, 10 Idaho Code, unless in cooperation with the division of purchasing or coopera- 11 tive agency established pursuant to chapter 23, title 67, and/or sections 12 33-315--through 33-318 ,inclu-13sive,Idaho Code. The board of trustees may let the contract to the 14 lowest responsible bidder, or reject any bid, or reject all bids and publish 15 notice for bids, as before. If, thereafter, no satisfactory bid is received, 16 the board may proceed under its own direction, subject to the approval of the 17 state board of education. 18 3. To designate and purchase any real property necessary for school pur- 19 poses or in the operation of the district, the provisions of subsection 2 20 . of this section notwithstanding, or remove any building, or dispose 21 of any real property. The board of trustees shall determine the size of the 22 site necessary for school purposes. The site shall be located within the 23 incorporated limits of any city within the district; provided, however, that 24 if the board finds that it is not in the best interests of the electors and 25 the students of the district to locate the site within the incorporated limits 26 of a city, the board, by duly adopted resolution setting forth the reasons for 27 its finding, may designate a site located elsewhere within the district. In 28 elementary school districts, except upon removal for highway purposes, a site 29 may be designated or changed only after approval of two-thirds (2/3) or more 30 of the electors voting at the annual meeting. 31 4. (a) To convey, except as provided by (b) of this subsection, by deed, 32 bill of sale, or other appropriate instrument, all of the estate and 33 interest of the district in any property, real or personal. In elementary 34 school districts, except such conveyance as is authorized by subsection 35 6 . of this section, any of the transactions authorized in 36 this subsection shall be subject to the approval of two-thirds (2/3) or 37 more of the electors voting at the annual meeting. 38 Prior to such sale or conveyance, the board shall have the property 39 appraised by three (3) disinterested residents of the district, which 40 appraisal shall be entered in the records of the board of trustees. The 41 property may be sold at public auction or by sealed bids, as the board of 42 trustees shall determine, to the highest bidder. Such property may be sold 43 for cash or for such terms and conditions as the board of trustees shall 44 determine for a period not exceeding ten (10) years, with the annual rate 45 of interest on all deferred payments not less than seven percent (7%) per 46 annum. The title to all property sold on contract shall be retained in 47 the name of the school district until full payment has been made by the 48 purchaser, and title to all property sold under a note and mortgage or 49 deed of trust shall be transferred to the purchaser at the point of sale 50 under the terms and conditions of the mortgage or deed of trust as the 51 board of trustees shall determine. Notice of the time and the conditions 52 of such sale shall be published twice, and proof thereof made, in accor- 53 dance with subsections g . and h . of section 54 33-402, Idaho Code, except that when the appraised value of the property 55 is less than five hundred dollars ($500), one (1) single notice by publi- 56 cation shall be sufficient and the property shall be sold by sealed bids. 4 1 The board of trustees may accept the highest bid, may reject any bid, 2 or reject all bids. If the real property was donated to the school dis- 3 trict the board may, within a period of one (1) year from the time of the 4 appraisal, sell the property without additional advertising or bidding. 5 Otherwise, the board of trustees must have new appraisals made and again 6 publish notice for bids, as before. If, thereafter, no satisfactory bid is 7 made and received, the board may proceed under its own direction to sell 8 and convey the property. In no case shall any real property of the school 9 district be sold for less than its appraisal. 10 The board of trustees may sell personal property, with an estimated 11 value of less than five hundred dollars ($500), without appraisal, by 12 sealed bid or at public auction, provided that there has been not less 13 than one (1) published advertisement prior to the sale of said property. 14 (b) Real and personal property may be exchanged hereunder for other prop- 15 erty if the consideration received by said school district shall be deemed 16 adequate by the board of trustees, provided, however, that aside from the 17 provisions of this paragraph hereof, any school district may by a vote of 18 one-half (1/2) plus one (1) of the members of the full board of trustees, 19 by resolution duly adopted, authorize the transfer or conveyance of any 20 real or personal property owned by such school district to the government 21 of the United States, any city, county, the state of Idaho, any hospital 22 district organized under chapter 13, title 39, Idaho Code, any other 23 school district, any library district, any community college district, or 24 any recreation district, with or without any consideration accruing to the 25 school district, when in the judgment of the board of trustees it is for 26 the interest of such school district that said transfer or conveyance be 27 made. 28 5. To enter into contracts with any city located within the boundaries of 29 the school district for the joint purchase, construction, development, mainte- 30 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 31 reational facilities upon property owned either by the school district or the 32 city. 33 6. To convey rights-of-way and easements for highway, public utility, and 34 other purposes over, upon or across any school property and, when necessary to 35 the use of such property for any such purpose, to authorize the removal of 36 school buildings to such new location, or locations, as shall be determined by 37 the board of trustees, and such removal shall be made at no cost or expense to 38 the school district. 39 7. To authorize the use of any school building of the district as a com- 40 munity center, or for any public purpose, and to establish a policy of 41 charges, if any, to be made for such use. 42 8. To exercise the right of eminent domain under the provisions of chap- 43 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 44 tion 7-701, Idaho Code. 45 9. If there is a great public calamity, such as an extraordinary fire, 46 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 47 gency work to prepare for national or local defense, or it is necessary to do 48 emergency work to safeguard life, health or property, the board of trustees 49 may pass a resolution declaring that the public interest and necessity demand 50 the immediate expenditure of public money to safeguard life, health or prop- 51 erty. Upon adoption of the resolution, the board may expend any sum required 52 in the emergency without compliance with this section. 53 SECTION 7. That Section 33-1204, Idaho Code, be, and the same is hereby 54 amended to read as follows: 5 1 33-1204. VALIDITY, DURATION, RENEWAL AND LAPSE OF CERTIFICATES. The state 2 board of education shall by rule provide for the validity, duration, renewal 3 and lapse of certificates. 41. The validity of provisional certificates shall be limited to not5more than three (3) years; they shall be endorsed for only the grade, grades6or subjects the holders may teach; and their renewal shall be premised upon7the completion of not less than eighteen (18) semester hours or twenty-seven8(27) quarter hours of professional training applicable toward the issuance of9a standard certificate and undertaken since the first issuance, or the latest10renewal as the case may be, of said certificate;112. No certificate shall lapse because of nonuse while the holder thereof12is serving in the armed forces of the United States in time of war, or has13been called into service of the armed forces at any time. Upon filing a14request therefor by the holder of such certificate, not later than one (1)15year after the termination of such military service, the validity of such cer-16tificate shall be extended for a period equal to the time spent in such mili-17tary service. The provisions of this paragraph shall not apply to any person18who voluntarily enlists at the end of the period in which he was called into19military service.203.If the holder of a certificate who has undergone a criminal 21 history check pursuant to district policy as provided in subsection 15. of 22 section 33-512, Idaho Code, is found to have been convicted of any felony 23 crime enumerated in section 33-1208, Idaho Code, the certificate shall be 24 revoked or suspended as provided in this chapter. 25 SECTION 8. That Section 33-1212, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 33-1212. ELEMENTARY SCHOOL COUNSELORS. In recognition of the diverse and 28 complicated demands upon students, their families and the public school sys- 29 tem, the legislature finds that the counseling offered at the elementary 30 school level should be flexible and responsive. For purposes of elementary 31 counselor services, a counselor shall be defined as an individual who meets 32 the requirements of an approved program of graduate study in school guidance 33 and counseling from a college or university approved by the Idaho state board 34 of education and who meets the requirements of rules adopted by the board, or 35 an individual licensed as provided by chapter 32, title 54, Idaho Code, as a 36 certified social worker and who meets the requirements of the state board of 37 education. 38 The state board of education shall adopt rules to implement the provisions 39 of this section, and shall specifically provide that certified social workers 40 meet the requirement for elementary school counselors. A local school district 41 may request a waiver from the state board of education of the 42 counselor/counseling requirements, provided that data is submitted to and 43 annually approved by the stateelementary approval committee44 department of education to substantiate that the intent of the 45 board's rules in these areas is being met by an alternative program model. 46 SECTION 9. That Sections 33-1301, 33-1302 and 33-1303, Idaho Code, be, 47 and the same are hereby repealed. 48 SECTION 10. That Section 33-2009, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 33-2009. EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES. 51 Every public school district in this state within which is located a detention 6 1 facility housing juvenile offenders pursuant to court order shall provide, 2 subject to rulesand regulationsof the state board of education, 3 instruction in accredited courses, by aqualifiedcertified 4 instructor, for the juvenile offenders under twenty-one (21) years of 5 age who are housed in the detention facility for juvenile offenders, and shall 6 upon satisfactory completion of required public school courses or correspon- 7 dence course from a state institution of higher learning in Idaho, issue cre- 8 dits or a diploma evidencing such achievement. Every student served by a pub- 9 lic school district pursuant to this section shall be counted as an excep- 10 tional child by the district for purposes of state reimbursement.
STATEMENT' OF PURPOSE
Actions taken by the Idaho State Legislature sunset current rules of State Board of Education and required
writing new rules. The legislature approved the new board rules during the 1997 legislative session.
Subject to legislative approval and/or amendments, several Idaho Code changes must be made to provide
for consistency with the code and proposed new board rules.
FISCAL IMPACT
The only fiscal impact will be the increase from five (5) thousand dollars to ten (10) thousand dollars to
reimburse school districts for conducting a feasibility study and plan for consolidation, I C 33-310B.
Based on historical experience of requests for consolidation plans, the estimated fiscal impact will not
exceed ten (10) thousand dollars.
Contact:Dr. Darrell K. Loosle
Chief Deputy Superintendent
State Department of Education
(208) 332-6810
S 1317