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S1396..........................................................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.
02/05 Senate intro - 1st rdg - to printing
02/06 Rpt prt - to Educ
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/17 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Deide
Title apvd - to House
02/18 House intro - 1st rdg - to Educ
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 46-22-2
AYES -- Bieter, Bivens, Black(15), Boe, Bruneel, Callister, Campbell,
Chase, Clark, Crane, Cuddy, Deal, Ellsworth, Field(13), Field(20),
Gould, Hadley, Hansen, Henbest, Jaquet, Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford, Marley,
Meyer, Miller, Mortensen, Newcomb, Pomeroy, Reynolds, Ridinger,
Robison, Stone, Tilman, Trail, Watson, Wheeler, Zimmermann,
Mr Speaker
NAYS -- Alltus, Barraclough, Barrett, Bell, Black(23), Denney,
Gagner, Geddes, Hornbeck, Loertscher, Mader, McKague, Pischner,
Richman, Sali, Schaefer, Stevenson, Stoicheff, Stubbs, Taylor,
Tippets, Wood
Absent and excused -- Crow, Jones(9)
Floor Sponsor - Jones(22)
Title apvd - to Senate
03/13 To enrol
03/16 Rpt enrol - Pres signed
03/16 Sp signed
03/17 To Governor
03/18 Governor signed
Session Law Chapter 88
Effective: 07/01/98
S1396|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1396 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO EDUCATION; AMENDING SECTION 33-118, IDAHO CODE, TO PROVIDE THAT 3 THE STATE BOARD SHALL DETERMINE HOW AND UNDER WHAT RULES CURRICULAR MATE- 4 RIALS SHALL BE ADOPTED; AMENDING SECTION 33-118A, IDAHO CODE, TO PROVIDE 5 FOR MEMBERSHIP AND OPERATION OF CURRICULAR MATERIALS ADOPTION COMMITTEES 6 AND TO DEFINE "CURRICULAR MATERIALS"; AMENDING SECTION 33-310B, IDAHO 7 CODE, TO PROVIDE A TEN THOUSAND DOLLAR REIMBURSEMENT LIMIT FOR FEASIBILITY 8 STUDIES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-512A, IDAHO 9 CODE, TO PROVIDE FOR THE APPOINTMENT AND OPERATION OF DISTRICT CURRICULAR 10 MATERIALS ADOPTION COMMITTEES BY LOCAL BOARDS OF TRUSTEES; AMENDING SEC- 11 TION 33-601, IDAHO CODE, TO EXCEPT THE PURCHASE OF CURRICULAR MATERIALS 12 FROM CERTAIN CONTRACT REQUIREMENTS AND TO MAKE TECHNICAL CORRECTIONS; 13 AMENDING SECTION 33-1204, IDAHO CODE, TO PROVIDE THAT THE STATE BOARD OF 14 EDUCATION SHALL MAKE RULES REGARDING CERTIFICATES; AMENDING SECTION 15 33-1212, IDAHO CODE, TO PROVIDE THAT A REQUEST BY A LOCAL SCHOOL BOARD FOR 16 WAIVER FROM BOARD RULES ON COUNSELOR/COUNSELING REQUIREMENTS MUST BE 17 APPROVED BY THE STATE DEPARTMENT OF EDUCATION; REPEALING SECTIONS 18 33-1301, 33-1302 AND 33-1303, IDAHO CODE; AND AMENDING SECTION 33-2009, 19 IDAHO CODE, TO REQUIRE THAT INSTRUCTORS OF JUVENILE OFFENDERS IN DETENTION 20 FACILITIES SHALL BE CERTIFIED AND TO MAKE A TECHNICAL CORRECTION. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Section 33-118, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 33-118. COURSES OF STUDY --TEXTBOOKSCURRICULAR MATE- 25 RIALS . The state board shall prescribe the minimum courses to be taught 26 in all public elementary and secondary schools, and shall cause to be prepared 27 and issued, such syllabi, study guides and other instructional aids as the 28 board shall from time to time deem necessary. The board shall also determine 29 how and under whatregulations textbooksrules curricular 30 materials shall be adopted for the public schools. 31 SECTION 2. That Section 33-118A, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 33-118A.TEXTBOOKS AND INSTRUCTIONALCURRICULAR 34 MATERIALS -- ADOPTION PROCEDURES. Alltextbookcurricular 35 materials adoption committees appointed by the state board of education 36 shall contain at least two (2) persons who are not public educators or school 37 trustees. All meetings oftextbookcurricular materials 38 adoption committees shall be open to the public. Any member of the pub- 39 lic may attend such meetings and file written or make oral objections to any 40textbookcurricular materials under consideration. A 41 complete and cataloged library of alltextbookscurricular 2 1 materials adopted and used in Idaho public schools is to be maintained 2 at the state department of education in Boise at all times and open to the 3 public. 4 "Curricular materials" is defined as textbook and instructional 5 media including software, audio/visual media and internet resources. 6 SECTION 3. That Section 33-310B, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-310B. FEASIBILITY STUDY AND PLAN FOR CONSOLIDATION. All school dis- 9 tricts operating one (1) or more high schools may conduct a feas- 10 ibility study and prepare a plan for school consolidation, which may also 11 include school district consolidation. The cost of such feasibility studies 12 shall be reimbursed at an amount not to exceedfiveten 13 thousand dollars ($510 ,000) per study, in 14 accordance with rulesand regulationspromulgated by the state 15 board of education. The state board of education shall review and act upon all 16 plans for school consolidation. 17 SECTION 4. That Section 33-512A, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 33-512A. DISTRICTTEXTBOOKCURRICULAR MATERIALS 20 ADOPTION COMMITTEES. The board of trustees of each school district may appoint 21 atextbookcurricular materials adoption committee 22 to advise the board on selection oftextbookscurricular 23 materials, as defined in section 33-118A, Idaho Code, for use within 24 the schools of the district. Such a committee shall contain a membership at 25 least one-fourth (1/4) of which is persons who are not public educators or 26 school trustees. All meetings of the committee shall be open to the public and 27 any member of the public may attend such a meeting and file written or make 28 oral objections to anytextbookcurricular materials 29 under consideration. Each school district shall have on hand and available to 30 the public the titles, authors and publishers of alltextbooks31 curricular materials being used in the district. The public has 32 the right to inspect the instructional materials, except students' tests, used 33 in the district's schools. 34 SECTION 5. That Section 33-601, Idaho Code, be, and the same is hereby 35 amended to read as follows: 36 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 37 SAME. The board of trustees of each school district shall have the following 38 powers and duties: 39 1. To rent to or from others, school buildings or other property used, or 40 to be used, for school purposes. 41 2. To contract for the construction, repair, or improvement of any real 42 property, or the acquisition, purchase or repair of any equipment, or other 43 personal property necessary for the operation of the school district. 44 Except for the purchase of curricular materials as defined in sec- 45 tion 33-118A, Idaho Code, nNo such contract shall be exe- 46 cuted which entails the expenditure of fifteen thousand dollars ($15,000) or 47 more without notice first being given by publishing twice in the manner 48 required by subsections g . and h . of section 33-402, 49 Idaho Code, unless in cooperation with the division of purchasing or coopera- 3 1 tive agency established pursuant to chapter 23, title 67, and/or sections 2 33-315--through 33-318 ,inclu-3sive,Idaho Code. The board of trustees may let the contract to the 4 lowest responsible bidder, or reject any bid, or reject all bids and publish 5 notice for bids, as before. If, thereafter, no satisfactory bid is received, 6 the board may proceed under its own direction, subject to the approval of the 7 state board of education. 8 3. To designate and purchase any real property necessary for school pur- 9 poses or in the operation of the district, the provisions of subsection 2 10 . of this section notwithstanding, or remove any building, or dispose 11 of any real property. The board of trustees shall determine the size of the 12 site necessary for school purposes. The site shall be located within the 13 incorporated limits of any city within the district; provided, however, that 14 if the board finds that it is not in the best interests of the electors and 15 the students of the district to locate the site within the incorporated limits 16 of a city, the board, by duly adopted resolution setting forth the reasons for 17 its finding, may designate a site located elsewhere within the district. In 18 elementary school districts, except upon removal for highway purposes, a site 19 may be designated or changed only after approval of two-thirds (2/3) or more 20 of the electors voting at the annual meeting. 21 4. (a) To convey, except as provided by (b) of this subsection, by deed, 22 bill of sale, or other appropriate instrument, all of the estate and 23 interest of the district in any property, real or personal. In elementary 24 school districts, except such conveyance as is authorized by subsection 25 6 . of this section, any of the transactions authorized in 26 this subsection shall be subject to the approval of two-thirds (2/3) or 27 more of the electors voting at the annual meeting. 28 Prior to such sale or conveyance, the board shall have the property 29 appraised by three (3) disinterested residents of the district, which 30 appraisal shall be entered in the records of the board of trustees. The 31 property may be sold at public auction or by sealed bids, as the board of 32 trustees shall determine, to the highest bidder. Such property may be sold 33 for cash or for such terms and conditions as the board of trustees shall 34 determine for a period not exceeding ten (10) years, with the annual rate 35 of interest on all deferred payments not less than seven percent (7%) per 36 annum. The title to all property sold on contract shall be retained in 37 the name of the school district until full payment has been made by the 38 purchaser, and title to all property sold under a note and mortgage or 39 deed of trust shall be transferred to the purchaser at the point of sale 40 under the terms and conditions of the mortgage or deed of trust as the 41 board of trustees shall determine. Notice of the time and the conditions 42 of such sale shall be published twice, and proof thereof made, in accor- 43 dance with subsections g . and h . of section 44 33-402, Idaho Code, except that when the appraised value of the property 45 is less than five hundred dollars ($500), one (1) single notice by publi- 46 cation shall be sufficient and the property shall be sold by sealed bids. 47 The board of trustees may accept the highest bid, may reject any bid, 48 or reject all bids. If the real property was donated to the school dis- 49 trict the board may, within a period of one (1) year from the time of the 50 appraisal, sell the property without additional advertising or bidding. 51 Otherwise, the board of trustees must have new appraisals made and again 52 publish notice for bids, as before. If, thereafter, no satisfactory bid is 53 made and received, the board may proceed under its own direction to sell 54 and convey the property. In no case shall any real property of the school 55 district be sold for less than its appraisal. 4 1 The board of trustees may sell personal property, with an estimated 2 value of less than five hundred dollars ($500), without appraisal, by 3 sealed bid or at public auction, provided that there has been not less 4 than one (1) published advertisement prior to the sale of said property. 5 (b) Real and personal property may be exchanged hereunder for other prop- 6 erty if the consideration received by said school district shall be deemed 7 adequate by the board of trustees, provided, however, that aside from the 8 provisions of this paragraph hereof, any school district may by a vote of 9 one-half (1/2) plus one (1) of the members of the full board of trustees, 10 by resolution duly adopted, authorize the transfer or conveyance of any 11 real or personal property owned by such school district to the government 12 of the United States, any city, county, the state of Idaho, any hospital 13 district organized under chapter 13, title 39, Idaho Code, any other 14 school district, any library district, any community college district, or 15 any recreation district, with or without any consideration accruing to the 16 school district, when in the judgment of the board of trustees it is for 17 the interest of such school district that said transfer or conveyance be 18 made. 19 5. To enter into contracts with any city located within the boundaries of 20 the school district for the joint purchase, construction, development, mainte- 21 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 22 reational facilities upon property owned either by the school district or the 23 city. 24 6. To convey rights-of-way and easements for highway, public utility, and 25 other purposes over, upon or across any school property and, when necessary to 26 the use of such property for any such purpose, to authorize the removal of 27 school buildings to such new location, or locations, as shall be determined by 28 the board of trustees, and such removal shall be made at no cost or expense to 29 the school district. 30 7. To authorize the use of any school building of the district as a com- 31 munity center, or for any public purpose, and to establish a policy of 32 charges, if any, to be made for such use. 33 8. To exercise the right of eminent domain under the provisions of chap- 34 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 35 tion 7-701, Idaho Code. 36 9. If there is a great public calamity, such as an extraordinary fire, 37 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 38 gency work to prepare for national or local defense, or it is necessary to do 39 emergency work to safeguard life, health or property, the board of trustees 40 may pass a resolution declaring that the public interest and necessity demand 41 the immediate expenditure of public money to safeguard life, health or prop- 42 erty. Upon adoption of the resolution, the board may expend any sum required 43 in the emergency without compliance with this section. 44 SECTION 6. That Section 33-1204, Idaho Code, be, and the same is hereby 45 amended to read as follows: 46 33-1204. VALIDITY, DURATION, RENEWAL AND LAPSE OF CERTIFICATES. The state 47 board of education shall by rule provide for the validity, duration, renewal 48 and lapse of certificates. 491. The validity of provisional certificates shall be limited to not50more than three (3) years; they shall be endorsed for only the grade, grades51or subjects the holders may teach; and their renewal shall be premised upon52the completion of not less than eighteen (18) semester hours or twenty-seven53(27) quarter hours of professional training applicable toward the issuance of5 1a standard certificate and undertaken since the first issuance, or the latest2renewal as the case may be, of said certificate;32. No certificate shall lapse because of nonuse while the holder thereof4is serving in the armed forces of the United States in time of war, or has5been called into service of the armed forces at any time. Upon filing a6request therefor by the holder of such certificate, not later than one (1)7year after the termination of such military service, the validity of such cer-8tificate shall be extended for a period equal to the time spent in such mili-9tary service. The provisions of this paragraph shall not apply to any person10who voluntarily enlists at the end of the period in which he was called into11military service.123.If the holder of a certificate who has undergone a criminal 13 history check pursuant to district policy as provided in subsection 15. of 14 section 33-512, Idaho Code, is found to have been convicted of any felony 15 crime enumerated in section 33-1208, Idaho Code, the certificate shall be 16 revoked or suspended as provided in this chapter. 17 SECTION 7. That Section 33-1212, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 33-1212. ELEMENTARY SCHOOL COUNSELORS. In recognition of the diverse and 20 complicated demands upon students, their families and the public school sys- 21 tem, the legislature finds that the counseling offered at the elementary 22 school level should be flexible and responsive. For purposes of elementary 23 counselor services, a counselor shall be defined as an individual who meets 24 the requirements of an approved program of graduate study in school guidance 25 and counseling from a college or university approved by the Idaho state board 26 of education and who meets the requirements of rules adopted by the board, or 27 an individual licensed as provided by chapter 32, title 54, Idaho Code, as a 28 certified social worker and who meets the requirements of the state board of 29 education. 30 The state board of education shall adopt rules to implement the provisions 31 of this section, and shall specifically provide that certified social workers 32 meet the requirement for elementary school counselors. A local school district 33 may request a waiver from the state board of education of the 34 counselor/counseling requirements, provided that data is submitted to and 35 annually approved by the stateelementary approval committee36 department of education to substantiate that the intent of the 37 board's rules in these areas is being met by an alternative program model. 38 SECTION 8. That Sections 33-1301, 33-1302 and 33-1303, Idaho Code, be, 39 and the same are hereby repealed. 40 SECTION 9. That Section 33-2009, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 33-2009. EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES. 43 Every public school district in this state within which is located a detention 44 facility housing juvenile offenders pursuant to court order shall provide, 45 subject to rulesand regulationsof the state board of education, 46 instruction in accredited courses, by aqualifiedcertified 47 instructor, for the juvenile offenders under twenty-one (21) years of 48 age who are housed in the detention facility for juvenile offenders, and shall 49 upon satisfactory completion of required public school courses or correspon- 50 dence course from a state institution of higher learning in Idaho, issue cre- 6 1 dits or a diploma evidencing such achievement. Every student served by a pub- 2 lic school district pursuant to this section shall be counted as an excep- 3 tional child by the district for purposes of state reimbursement.
RS07749
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 thousand dollars to ten thousand dollars ($5,000 -
$10,000) to reimburse school districts for conducting a feasibility study and plan for consolidation, I.C.
33-310B, Idaho Code. Based on historical experience of requests for consolidation plans, the estimated
fiscal impact will not exceed ten thousand dollars ($10,000).
Contact:Dr. Darrell K. Loosle
Chief Deputy Superintendent
State Department of Education
(208) 332-6810
S 1396