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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
]]]] 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
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