TITLE 33

EDUCATION

CHAPTER 2

ATTENDANCE AT SCHOOLS

33-212.  AUTHORITY TO CLOSE SCHOOLS to prevent the spread of infectious disease. (1) Notwithstanding any provision of law or rule to the contrary, only the following person or entities shall have the authority to close schools or otherwise limit any aspect of school programs or activities to prevent the spread of contagious or infectious disease:

(a)  The governor or state board of education, whose authority may apply statewide or to any area of the state; or

(b)  A board of school district trustees as provided in section 33-512, Idaho Code, or the board of directors of a public charter school.

(2)  Only a person or an entity listed in subsection (1) of this section shall have the authority to require, in schools or during school programs or activities, measures intended to prevent the spread of contagious or infectious disease.

(3)  A decision by a person or an entity listed in subsection (1) of this section for schools to remain open or to reopen, or to require or not require measures in schools or during school programs or activities to prevent the spread of contagious or infectious disease, shall not constitute a violation of any order issued by the department of health and welfare pursuant to section 56-1003(7), Idaho Code; a district board of health pursuant to section 39-414(2), Idaho Code; or a city pursuant to section 50-304, Idaho Code.

History:

[33-212, added 2021, ch. 14, sec. 2, p. 35.]