2006 Legislation
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HOUSE BILL NO. 547 – PTE, vocational rehab services

HOUSE BILL NO. 547

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Bill Status



H0547..........................................................by EDUCATION
VOCATIONAL REHABILITATION - PROFESSIONAL-TECHNICAL EDUCATION - Amends
existing law relating to the State Board for Professional-Technical
Education to provide additional rulemaking authority; to permit the board
to enter into agreements to provide vocational rehabilitation services; to
permit applications for approval and certification of such services; and to
provide authority regarding certifications and approvals.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Educ
02/14    Rpt out - rec d/p - to 2nd rdg
02/15    2nd rdg - to 3rd rdg
02/21    3rd rdg - PASSED - 67-0-3
      AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
      Bedke, Bell, Bilbao, Block, Boe, Bolz, Brackett, Bradford, Cannon,
      Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
      McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
      Pasley-Stuart, Pence, Raybould, Ringo, Roberts, Rusche, Rydalch,
      Sali(Sali), Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
      Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Black, Ellsworth, Ring
    Floor Sponsor - Rydalch
    Title apvd - to Senate
02/22    Senate intro - 1st rdg - to Educ
03/03    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/08    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Fulcher, 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 -- None
    Floor Sponsor - Pearce
    Title apvd - to House
03/09    To enrol
03/10    Rpt enrol - Sp signed
03/13    Pres signed
03/14    To Governor
03/15    Governor signed
         Session Law Chapter 84
         Effective: 07/01/06

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 547
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE BOARD  FOR  PROFESSIONAL-TECHNICAL  EDUCATION;  AMENDING
  3        SECTION  33-2211,  IDAHO CODE, TO PROVIDE ADDITIONAL RULEMAKING AUTHORITY;
  4        AND AMENDING SECTION 33-2303, IDAHO CODE, TO PERMIT  THE  BOARD  TO  ENTER
  5        INTO  AGREEMENTS  TO PROVIDE VOCATIONAL REHABILITATION SERVICES, TO PERMIT
  6        APPLICATIONS FOR APPROVAL AND CERTIFICATION OF SUCH SERVICES AND  TO  PRO-
  7        VIDE AUTHORITY REGARDING CERTIFICATIONS AND APPROVALS.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section 33-2211, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        33-2211.  POWERS OF STATE BOARD FOR PROFESSIONAL-TECHNICAL EDUCATION.  The
 12    state board for professional-technical education shall have the power:
 13        1.  To adopt rules for its own government, and the government of the East-
 14    ern Idaho Technical College and any professional-technical or vocational reha-
 15    bilitation  program,  including  programs  under chapters 22 and 23, title 33,
 16    Idaho Code;
 17        2.  To employ professional and nonprofessional persons  and  to  prescribe
 18    their qualifications;
 19        3.  To  acquire  and  hold, and to dispose of, real and personal property,
 20    and to construct, repair, remodel and remove buildings;
 21        4.  To contract for the acquisition, purchase or repair of  buildings,  in
 22    the manner prescribed for trustees of school districts;
 23        5.  To  dispose of real and personal property in the manner prescribed for
 24    trustees of school districts;
 25        6.  To convey and transfer real property of  the  college  upon  which  no
 26    buildings used for instruction are situated, to nonprofit corporations, school
 27    districts,  community college housing commissions, counties or municipalities,
 28    with or without consideration; to rent real or personal property for  the  use
 29    of  the  college, its students or faculty, for such terms as may be determined
 30    by the state board for professional-technical education; and to lease real  or
 31    personal  property  of  the college not actually in use for instructional pur-
 32    poses on such terms as may be determined by the state board for  professional-
 33    technical education;
 34        7.  To acquire, hold, and dispose of, water rights;
 35        8.  To accept grants or gifts of money, materials, or property of any kind
 36    from  any  governmental  agency,  or from any person, firm, or association, on
 37    such terms as may be determined by the grantor;
 38        9.  To cooperate with any governmental agency,  or  any  person,  firm  or
 39    association  in  the conduct of any educational program; to accept grants from
 40    any source for the conduct of such program, and to conduct such program on, or
 41    off, campus;
 42        10. To employ a president of the college and, with his advice, to  appoint
 43    such  assistants, instructors, specialists and other employees as are required
                                                                        
                                           2
                                                                        
  1    for the operation of the college; to fix salaries and prescribe duties; and to
  2    remove the president or other employees in accordance with  the  policies  and
  3    rules of the state board of education;
  4        11. With  the  advice  of the president, to prescribe the courses and pro-
  5    grams of study, the requirements for admission, the  time  and  standards  for
  6    completion  of such courses and programs, and to grant certificates or associ-
  7    ate of applied science degrees for those students entitled thereto;
  8        12. To employ architects or engineers in planning the construction, remod-
  9    eling or repair of any building or property and, whenever no other  agency  is
 10    designated by law so to do, to let contracts for such construction, remodeling
 11    or repair and to supervise the work thereof;
 12        13. To have at all times, general supervision and control of all property,
 13    real and personal, appertaining to the college, and to insure the same.
                                                                        
 14        SECTION  2.  That  Section 33-2303, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        33-2303.  POWERS OF BOARD IN CARRYING OUT PROVISIONS. (1) The board  here-
 17    tofore  designated  as the state board for professional-technical education is
 18    hereby designated as the state board for the  purpose  of  providing  for  the
 19    vocational  rehabilitation  of persons with disabilities, other than those who
 20    are legally blind, and is empowered and directed to cooperate in the  adminis-
 21    tration  of  said  act  of  Congress; to prescribe and provide such courses of
 22    vocational services as may be necessary for the vocational  rehabilitation  of
 23    persons with disabilities, other than those who are legally blind, and provide
 24    for  the  supervision  of  such services; to appoint such assistants as may be
 25    necessary to administer this act and said act of Congress in  this  state;  to
 26    fix  the  compensation  of  such assistants and to direct the disbursement and
 27    administer the use of all funds provided by the  federal  government  and  the
 28    state of Idaho for the vocational rehabilitation of such persons.
 29        (2)  In  order  to provide vocational rehabilitation services the board of
 30    professional-technical education may enter into, or authorize  a  state  voca-
 31    tional rehabilitation agency over which it has oversight to enter into, agree-
 32    ments  with  any  person, corporation or association, approved by the board of
 33    professional-technical education to provide such services.
 34        (3)  Any person, corporation or association may make  application  to  the
 35    board  of  professional-technical  education for approval and certification to
 36    provide  vocational  rehabilitation  services.  The  board  of   professional-
 37    technical  education may either grant or deny certification or revoke certifi-
 38    cation previously granted after investigation of the applicant, in  accordance
 39    with standards as set forth in rules promulgated by the board of professional-
 40    technical  education,  and  consistent with national accreditation bodies. The
 41    board of professional-technical education may  authorize  a  state  vocational
 42    rehabilitation  agency over which it has oversight to provide the approvals or
 43    certifications described in this subsection.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 15417

     This legislation will give rulemaking authority for the
State Board of Education for the Idaho Division of Vocational
Rehabilitation (IDVR).  Currently, Section 33-2211, Idaho Code
only allows the Board (as the Board of Professional-Technical
Education, which is designated by statute to provide vocational
rehabilitation in this state) to adopt rules for "its own
government".  With the transfer, from Health and Welfare, of the
Extended Employment Program to IDVR, the existing rules
terminated.  This legislation would allow the State Board of
Education to broaden the Board's authority to adopt rules to
govern this program and others that IDVR oversees.  This
legislation also clarifies IDVR's ability to grant or deny
certification to service providers based on criteria that will be
set out in rule, and to enter into contracts with the service
providers.



                          FISCAL NOTE

     There will be no fiscal impact to the general fund.




CONTACT
Name:     Karen Echeverria
Agency:   Office of the State Board of Education
Phone:    332-1567

STATEMENT OF PURPOSE/FISCAL NOTE                              H 547