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H0016..........................................................by EDUCATION
PROFESSIONAL-TECHNICAL EDUCATION - Amends existing law relating to the
State Board for Professional-Technical Education to provide consistency in
language relating to powers of the board regarding removal of employees.
01/20 House intro - 1st rdg - to printing
01/21 Rpt prt - to Educ
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Sali, Schaefer
Floor Sponsor - Kemp
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Educ
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Jorgenson
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 65
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 16
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO POWERS AND DUTIES OF THE STATE BOARD OF EDUCATION; AMENDING SEC-
3 TIONS 33-2211, 33-3006 AND 33-3405, IDAHO CODE, TO PROVIDE CONSISTENCY IN
4 LANGUAGE RELATING TO POWERS OF THE BOARD REGARDING REMOVAL OF EMPLOYEES.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 33-2211, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 33-2211. POWERS OF STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION. The
9 state board for professional-technical education shall have the power:
10 1. To adopt rules for its own government and the government of the East-
11 ern Idaho Technical College;
12 2. To employ professional and nonprofessional persons and to prescribe
13 their qualifications;
14 3. To acquire and hold, and to dispose of, real and personal property,
15 and to construct, repair, remodel and remove buildings;
16 4. To contract for the acquisition, purchase or repair of buildings, in
17 the manner prescribed for trustees of school districts;
18 5. To dispose of real and personal property in the manner prescribed for
19 trustees of school districts;
20 6. To convey and transfer real property of the college upon which no
21 buildings used for instruction are situated, to nonprofit corporations, school
22 districts, community college housing commissions, counties or municipalities,
23 with or without consideration; to rent real or personal property for the use
24 of the college, its students or faculty, for such terms as may be determined
25 by the state board for professional-technical education; and to lease real or
26 personal property of the college not actually in use for instructional pur-
27 poses on such terms as may be determined by the state board for professional-
28 technical education;
29 7. To acquire, hold, and dispose of, water rights;
30 8. To accept grants or gifts of money, materials, or property of any kind
31 from any governmental agency, or from any person, firm, or association, on
32 such terms as may be determined by the grantor;
33 9. To cooperate with any governmental agency, or any person, firm or
34 association in the conduct of any educational program; to accept grants from
35 any source for the conduct of such program, and to conduct such program on, or
36 off, campus;
37 10. To employ a president of the college and, with his advice, to appoint
38 such assistants, instructors, specialists and other employees as are required
39 for the operation of the college; to fix salaries and prescribe duties; and to
40 remove the president or any other employees for cause in accordance with the
41 policies and rules of the state board of education;
42 11. With the advice of the president, to prescribe the courses and pro-
43 grams of study, the requirements for admission, the time and standards for
2
1 completion of such courses and programs, and to grant certificates or associ-
2 ate of applied science degrees for those students entitled thereto;
3 12. To employ architects or engineers in planning the construction, remod-
4 eling or repair of any building or property and, whenever no other agency is
5 designated by law so to do, to let contracts for such construction, remodel-
6 ing or repair and to supervise the work thereof;
7 13. To have at all times, general supervision and control of all property,
8 real and personal, appertaining to the college, and to insure the same.
9 SECTION 2. That Section 33-3006, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-3006. GENERAL POWERS OF BOARD OF TRUSTEES. The board of trustees of
12 the Idaho State University shall have the following powers:
13 1. To adopt rules and regulations for its own government and for that of
14 the university.
15 2. To employ a president of the university and, with his advice, to
16 appoint such assistants, deans, instructors, specialists and other employees
17 as are required for the operation of the university; to fix salaries and pre-
18 scribe duties; and to remove the president or any other employees for cause in
19 accordance with the policies and rules of the state board of education.
20 3. With the advice of the president, to prescribe the courses and pro-
21 grams of study, the requirements for admission, the time and standard for
22 graduation, and to grant academic degrees to those students entitled thereto.
23 4. To accept grants or gifts of money, materials or property of any kind
24 from any governmental agency, or from any person, firm or association, on such
25 terms as may be determined by the grantor.
26 5. To cooperate with any governmental agency, or any person, firm or
27 association in the conduct of any educational program, to accept grants or
28 gifts from any source for the conduct of such program; and to conduct such
29 program on or off campus.
30 6. To employ architects or engineers in planning the construction, remod-
31 eling or repair of any building or property and, whenever no other agency is
32 designated by law so to do, to let contracts for such construction, remodeling
33 or repair and to supervise the work thereof.
34 7. To have at all times, general supervision and control of all property,
35 real and personal, appertaining to the university, and to insure the same.
36 SECTION 3. That Section 33-3405, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 33-3405. GENERAL POWERS OF BOARD. The board of trustees of the Idaho
39 School for the Deaf and the Blind shall have the following powers:
40 1. To adopt rules and regulations for its own government and that of the
41 school;
42 2. To employ a superintendent of the school, and, with his advice, to
43 appoint such assistants, instructors, specialists and other employees as are
44 required for the operation of the school; to fix salaries and prescribe
45 duties; and to remove the superintendent or any other employees for cause in
46 accordance with the policies and rules of the state board of education;
47 3. With the advice of the superintendent, to prescribe the course of
48 study, the textbooks to be used, and for those pupils who complete the
49 requirements for grade twelve (12), the time and standard of graduation;
50 4. To have at all times, general supervision and control of all property,
51 real and personal, appertaining to the school, and to insure the same;
3
1 5. To employ architects or engineers in planning the construction, remod-
2 eling or repair of any building and, whenever no other agency is designated so
3 to do, to let contracts for such construction, remodeling or repair and to
4 supervise the work thereof;
5 6. To expend moneys appropriated, or otherwise placed to the credit of
6 the school for the maintenance and operation thereof, and to account for the
7 same as prescribed by law;
8 7. To provide for the conveyance of pupils to and from the school, the
9 expense of such conveyance being a lawful use of the moneys available to the
10 board of trustees.
STATEMENT OF PURPOSE
RS 14406
The purpose of this legislation is to make structure consistent
for all colleges, universities, and executive agencies of the
State Board of Education. Currently, Section 33-3106, Idaho Code
relating to Lewis-Clark State College, Section 33-2806, Idaho Code
relating to the University of Idaho, and Section 33-4005, Idaho
Code relating to Boise State University specify that the removal
of an employee at a college, university, or executive agency, be
made in accordance with the policies and rules of the State Board
of Education. This legislation would make the language found in
Section 33-2211, Idaho Code relating to Professional Technical
Education, Section 33-3006, Idaho Code relating to Idaho State
University, and Section 33-3405, Idaho Code relating to the Idaho
School for the Deaf and the Blind consistent with Section 33-3106,
33-2806, and 33-4005, Idaho Code.
FISCAL IMPACT
This bill has no adverse impact on the general fund or the
Division of Professional Technical Education, Idaho State
University, or the Idaho School for the Deaf and Blind
CONTACT
Name: Karen Echeverria
Agency: Office of the State Board of Education
Phone: 332-1567
STATEMENT OF PURPOSE/FISCAL NOTE H 16