2006 Legislation
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HOUSE BILL NO. 725 – Community colleges, establishment

HOUSE BILL NO. 725

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H0725..........................................................by EDUCATION
COMMUNITY COLLEGES - Adds to and amends existing law to provide for the
establishment of community colleges by the State Board of Education and
Board of Regents of the University of Idaho.
                                                                        
02/23    House intro - 1st rdg - to printing
02/24    Rpt prt - to Educ

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 725
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JUNIOR COLLEGES; AMENDING THE CHAPTER HEADING OF CHAPTER 21, TITLE
  3        33, IDAHO CODE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION
  4        OF A NEW SECTION 33-2101, IDAHO CODE, TO PROVIDE FOR THE ESTABLISHMENT  OF
  5        COMMUNITY COLLEGES BY THE STATE BOARD OF EDUCATION AND BOARD OF REGENTS OF
  6        THE UNIVERSITY OF IDAHO; AMENDING SECTION 33-2101, IDAHO CODE, TO REDESIG-
  7        NATE THE SECTION, TO PROVIDE PROPER TERMINOLOGY AND TO MAKE TECHNICAL COR-
  8        RECTIONS;  AND  AMENDING  SECTION 33-2101A, IDAHO CODE, TO REDESIGNATE THE
  9        SECTION AND TO DELETE A CODE REFERENCE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  That the Heading for Chapter 21, Title 33, Idaho Code, be, and
 12    the same is hereby amended to read as follows:
                                                                        
 13                                      CHAPTER 21
 14                              JUNIOR COMMUNITY COLLEGES
                                                                        
 15        SECTION 2.  That Chapter 21, Title 33, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 33-2101, Idaho Code, and to read as follows:
                                                                        
 18        33-2101.  ESTABLISHMENT OF COMMUNITY COLLEGES. The state board  of  educa-
 19    tion  and board of regents of the university of Idaho shall have the authority
 20    to:
 21        (1)  Establish a network of community colleges in the state of Idaho;
 22        (2)  Establish community colleges outside the boundaries  of  an  existing
 23    community college district; and
 24        (3)  Approve  the  establishment of community colleges pursuant to section
 25    33-2104, Idaho Code, or any other provision of this  chapter  consistent  with
 26    the provisions of this chapter.
                                                                        
 27        SECTION  3.  That  Section 33-2101, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        33-2101A.  JUNIOR COMMUNITY COLLEGE DISTRICTS,  APPROVALS,  BOUNDARIES  OF
 30    JUNIOR  COMMUNITY  COLLEGE  AREAS.  Junior  Community college districts may be
 31    formed and organized in accordance with the provisions of  this  chapter,  and
 32    junior  community  colleges  maintained therein shall be intermediate institu-
 33    tions of higher education above grade twelve (12).
 34        To provide for the orderly establishment and growth  of  junior  community
 35    colleges,  a  statewide  system  of  six junior (6) community college areas is
 36    hereby created, as hereafter described. The Sstate Bboard of Eeducation  shall
 37    only  approve  the existence of one (1) centrally located district in any area
 38    until the enrollment of such junior  community  college  therein  exceeds  one
 39    thousand (1,000) full-time day students a year from within the area.
                                                                        
                                           2
                                                                        
  1        The  boundaries  of  junior  community college areas hereby created may be
  2    changed by the Sstate Bboard of Eeducation upon thirty (30)  days'  notice  to
  3    the boards of trustees of each school district in each of the junior community
  4    college  areas  affected  and  upon public hearing. No change shall be made to
  5    place more than one (1) existing junior community college in an  area.  Notice
  6    of  any boundary change shall forthwith be filed with the board of county com-
  7    missioners of each county affected.
  8        Area No. 1 shall comprise the territory of the counties of  Benewah,  Bon-
  9    ner, Boundary, Kootenai and Shoshone.
 10        Area  No.  2  shall  comprise the territory of the counties of Clearwater,
 11    Idaho, Latah, Lewis and Nez Perce.
 12        Area No. 3 shall comprise the territory of the  counties  of  Ada,  Adams,
 13    Boise,  Canyon,  Gem,  Payette,  Valley,  Washington,  that  portion of Elmore
 14    Ccounty lying generally west of a line described as follows:
 15        Beginning at the junction of the boundary line common  to  Blaine,  Boise,
 16        Custer  and  Elmore  counties,  thence  proceeding  in a general southerly
 17        direction along the boundaries of Blaine and Elmore  counties  and  Blaine
 18        and  Camas  counties  to the northeast corner of Section 1, T. 1 S., R. 11
 19        E., B.M.; thence west 3 miles to the northwest corner of Section  3,  same
 20        township  and  range; thence south 4 miles to the southwest corner of Sec-
 21        tion 22, T. 1 S., R. 11 E., B.M.; thence west a distance of 15 miles  more
 22        or  less  to  the  southwest corner of Section 19, T. 1 S., R. 9 E., B.M.;
 23        thence south 2 miles to the southwest corner of Section 31, T. 1 S., R.  9
 24        E.,  B.M.;  thence  west a distance of one and three-fourths (1 3/4) miles
 25        more or less to a point where the south section line of Section 35,  T.  1
 26        S.,  R.  8  E.,  B.M., intersects Bennett Creek; thence in a southwesterly
 27        direction down said Bennett Creek approximately 8 miles more  or  less  to
 28        the  southwest  corner of Section 27, T. 2 S., R. 8 E., B.M.; thence south
 29        along the section lines 5 miles to the southwest corner of Section 22,  T.
 30        3  S.,  R. 8 E., B.M.; thence west 3 miles to the northwest corner of Sec-
 31        tion 30, T. 3 S., R. 8 E., B.M.; thence south along the  section  lines  a
 32        distance  of  14  miles  more or less to the Snake River which is also the
 33        boundary between Elmore and Owyhee counties;
 34    and that portion of Owyhee Ccounty lying generally west of a line described as
 35    follows:
 36        Beginning at the northwest corner of Section 33, T. 5 S., R. 7  E.,  B.M.,
 37        which is on the boundary of Elmore and Owyhee counties, thence south along
 38        the  section lines 7 miles more or less to the southwest corner of Section
 39        33, T. 6 S., R. 7 E., B.M.; thence west to the northwest corner of Section
 40        4, T. 7 S., R. 7 E., B.M.; thence south one  and  one-half  (1 1/2)  miles
 41        more or less to the southwest corner of Section 9, T. 7 S., R. 7 E., B.M.;
 42        thence east along the section lines 10 miles more or less to the northeast
 43        corner  of Section 13, T. 7 S., R. 8 E., B.M.; thence south 4 miles to the
 44        southeast corner of Section 36, T. 7  S.,  R.  8  E.,  B.M.;  thence  east
 45        twenty-one  and  one-half  (21 1/2)  miles more or less to the north-south
 46        center line of Section 3, T. 8 S., R. 12  E.,  B.M.;  which  is  also  the
 47        boundary  line  of Twin Falls and Owyhee counties; thence south along said
 48        boundary lines 36 miles to the township line between  Townships  13  South
 49        and 14 South, R. 12 E., B.M.; thence west along said township line twenty-
 50        seven  and one-half (27 1/2) miles more or less to the southwest corner of
 51        Section 31, T. 13 S., R. 8 E., B.M.; thence south along the section  lines
 52        17  miles more or less to the southwest corner of Section 30, T. 16 S., R.
 53        8 E., B.M.; which is also the Nevada Sstate Lline.
 54        Area No. 4 shall comprise the territory of the counties of Blaine,  Camas,
 55    Cassia,  Gooding, Jerome, Lincoln, Minidoka, Twin Falls, and those portions of
                                                                        
                                           3
                                                                        
  1    the counties of Elmore and Owyhee not included in the description of Area  No.
  2    3.
  3        Area  No.  5 shall comprise the territory of the counties of Bannock, Bear
  4    Lake, Caribou, Franklin, Oneida, Power, and that portion  of  Bingham  Ccounty
  5    lying west of a line described as follows:
  6        Beginning  at  the northeast corner of Section 1, T. 3 N., R. 33 E., B.M.;
  7        which is also a point common to Jefferson, Bonneville  and  Bingham  coun-
  8        ties;  thence  due  south  on the section line a distance of eighteen (18)
  9        miles to the southeast corner of Section 36, T. 1  N.,  R.  33  E.,  B.M.;
 10        thence  east  on the township line a distance of five and one-half (5 1/2)
 11        miles more or less to the north-south center line of Section 6, T.  1  S.,
 12        R.  35 E., B.M.; thence south on the center section line a distance of six
 13        (6) miles more or less to a point where said center  line  intersects  the
 14        east-west  section  line  common to Section 6, T. 2 S., R. 35 E., B.M. and
 15        Section 31, T. 1 S., R. 35 E., B.M.; thence east along said section line a
 16        distance of five and one-half (5 1/2) miles more or less to the  northeast
 17        corner  of  Section  1, T. 2 S., R. 35 E., B.M.; thence south one and one-
 18        half (1 1/2) miles to the southwest corner of  the  northwest  quarter  of
 19        Section 7, T. 2 S., R. 36 E., B.M.; thence east six (6) miles more or less
 20        to  the  Range  line  common to Ranges 36 and 37 E., B.M.; thence south on
 21        said Range line two and one-quarter (2 1/4) miles  more  or  less  to  its
 22        point  of  intersection  with  the  Blackfoot  River; thence following the
 23        Blackfoot River in a northeasterly and southeasterly direction to a  point
 24        where  said river intersects the township line common to Bingham and Cari-
 25        bou counties.
 26        Area No. 6 shall comprise the territory of  the  counties  of  Bonneville,
 27    Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison, Teton, and that por-
 28    tion of Bingham Ccounty not included in the description of Area No. 5.
                                                                        
 29        SECTION  4.  That Section 33-2101A, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        33-2101AB.  JUNIOR COLLEGE SHALL MEAN COMMUNITY  COLLEGE.  Notwithstanding
 32    any  other  provision  of  law,  in  sections  21-805, 21-806, 21-809, 23-404,
 33    31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101,  33-2102,  33-2103,
 34    33-2104,  33-2105,  33-2106,  33-2107,  33-2107A, 33-2107B, 33-2107C, 33-2108,
 35    33-2109A, 33-2110, 33-2110A, 33-2110B,  33-2111,  33-2112,  33-2113,  33-2114,
 36    33-2115,  33-2116,  33-2117,  33-2118,  33-2119,  33-2121,  33-2122,  33-2123,
 37    33-2124,  33-2125,  33-2126,  33-2130,  33-2135,  33-2137,  33-2138,  33-2139,
 38    33-2141,  33-2142,  33-2143,  33-2144,  33-2211,  33-3716,  33-3717,  33-4001,
 39    33-4003,   33-4004,  33-4006,  33-4201,  33-4306,  33-4315,  46-314,  50-1721,
 40    57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C  and  67-5332,
 41    Idaho  Code,  the  term  "junior  college"  shall mean and shall be denoted as
 42    "community college."

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16123

Currently, many Idaho students are taking courses at traditional
universities and paying higher tuition rates associated with
universities.  Idaho must take steps to expand access to community
college services and ensure affordability of these services so that
every Idahoan has an opportunity for continued learning.  

Community colleges with open access and reasonable tuition serve as
major gateways for students to enter postsecondary education.  The
need for greater access to postsecondary education in Idaho is
evident through a number of measures.  At present, only 44% of the
state's high school graduates go on to pursue any form of
postsecondary education, ranking Idaho 45th in the nation in this
regard.  Compounding the problem is the fact that community
colleges exist in only two areas of the state.  

This legislation is to update the provisions relating to community
colleges as junior colleges, consistent with Idaho Code 33-2101A. 
It also empowers the State Board of Education to establish a
network of community colleges in areas of the state where
postsecondary education needs are underserved.  This legislation
does not allow the board to establish new community colleges in
those areas of the state that already have existing community
college districts.


                           FISCAL NOTE

Funding relationships of community colleges are not changed with
this legislation.  Funding will still be subject to local
government support, student fees, non-state receipts and state
appropriations.  Additional funding may be experienced in the
future due to the increased capabilities resulting from this
legislation that will increase access and affordability for
students, but it is not mandated.



Contact
Name: David Lehman 
Phone: 334 2100


STATEMENT OF PURPOSE/FISCAL NOTE                         H 725