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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
831
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
ELECTIONS;
AMENDING
SECTION
33
-
512,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
THE
GOVERNANCE
OF
SCHOOLS;
AND
PROVIDING
AN
EFFECTIVE
3
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
33
-
512,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
512.
GOVERNANCE
OF
SCHOOLS.
The
board
of
trustees
of
each
school
8
district
shall
have
the
following
powers
and
duties:
9
(1)
To
fix
the
days
of
the
year
and
the
hours
of
the
day
when
schools
10
shall
be
in
session.
However:
1
1
(a)
Each
school
district
shall
annually
adopt
and
implement
a
school
12
calendar
that
provides
its
students
at
each
grade
level
with
the
follow
-
13
ing
minimum
number
of
instructional
hours:
14
Grades
15
Hours
9
-
12
16
990
4
-
8
17
900
1
-
3
18
810
K
19
450
Alternative
schools
20
(any
grades)
21
900
(b)
School
assemblies,
testing
and
other
instructionally
related
ac
-
22
tivities
involving
students
directly
may
be
included
in
the
required
23
instructional
hours.
24
(c)
When
approved
by
a
local
school
board,
annual
instructional
hour
25
requirements
stated
in
paragraph
(a)
of
this
subsection
may
be
reduced
26
as
follows:
27
(i)
Up
to
a
total
of
twenty
-
two
(22)
hours
to
accommodate
staff
28
development
activities
conducted
on
such
days
as
the
local
school
29
board
deems
appropriate.
30
(ii)
Up
to
a
total
of
eleven
(11)
hours
of
emergency
school
clo
-
31
sures
due
to
adverse
weather
conditions
and
facility
failures.
32
However,
transportation
to
and
from
school,
passing
times
between
33
classes,
recess
and
lunch
periods
shall
not
be
included.
34
(d)
Student
and
staff
activities
related
to
the
opening
and
closing
of
35
the
school
year,
grade
reporting,
program
planning,
staff
meetings,
and
36
other
classroom
and
building
management
activities
shall
not
be
counted
37
as
instructional
time
or
in
the
reductions
provided
in
paragraph
(c)(i)
38
of
this
subsection.
39
2
(e)
For
multiple
shift
programs,
this
rule
applies
to
each
shift
(i.e.,
1
each
student
must
have
access
to
the
minimum
annual
required
hours
of
2
instruction).
3
(f)
The
instructional
time
requirement
for
grade
12
students
may
be
re
-
4
duced
by
action
of
a
local
school
board
for
an
amount
of
time
not
to
ex
-
5
ceed
eleven
(11)
hours
of
instructional
time.
6
(g)
The
state
superintendent
of
public
instruction
may
grant
an
ex
-
7
emption
from
the
provisions
of
this
section
for
an
individual
building
8
within
a
district,
when
the
closure
of
that
building,
for
unforeseen
9
circumstances,
does
not
affect
the
attendance
of
other
buildings
within
10
the
district.
1
1
(h)
The
state
board
of
education
may
grant
a
waiver
of
the
minimum
12
number
of
instructional
hours
for
a
school
district
when
districtwide
13
school
closures
are
necessary
as
a
result
of
natural
occurrences
creat
-
14
ing
unsafe
conditions
for
students
or
for
elections
.
A
county
or
state
15
disaster
declaration
must
have
been
issued
for
one
(1)
or
more
of
the
16
counties
in
which
the
school
district
is
located.
A
waiver
request
to
17
the
state
board
of
education
must
describe
the
efforts
by
the
school
18
district
to
make
up
lost
instructional
hours,
the
range
of
grades
im
-
19
pacted,
and
the
number
of
hours
the
school
district
is
requesting
be
20
waived.
21
(i)
There
shall
be
no
in
-
person
student
instruction
on
the
dates
on
22
which
elections
may
be
conducted
under
section
34
-
106,
Idaho
Code.
The
23
board
of
trustees
of
each
school
district
may
determine
the
instruction
24
or
activities,
if
any,
to
be
held
on
such
days
as
long
as
such
instruc
-
25
tion
or
activities
do
not
require
or
encourage
students
to
be
present
26
inside
any
building
being
used
as
a
polling
place,
except
for
encour
-
27
aging
eligible
students
to
vote
or
to
serve
as
poll
workers.
However,
28
in
-
person
student
instruction
may
occur
upon
a
joint
agreement
between
29
the
county
clerk
and
school
district
that
student
-
occupied
buildings
30
will
not
be
designated
as
polling
places.
For
the
purpose
of
this
para
-
31
graph,
"instruction
or
activities"
includes
but
is
not
limited
to
pro
-
32
fessional
development,
personnel
training,
teacher
in
-
service
train
-
33
ing,
student
extracurricular
activities,
and
athletic
activities.
34
(i)
(j)
The
reduction
of
instructional
hours
allowed
in
paragraphs
(f)
35
through
(h)
of
this
subsection
may
not
be
combined
in
a
single
school
36
year.
37
(2)
To
adopt
and
carry
on
and
to
provide
for
the
financing
of
a
total
ed
-
38
ucational
program
for
the
district.
Such
programs
in
other
than
elementary
39
school
districts
may
include
education
programs
for
out
-
of
-
school
youth
and
40
adults,
and
such
districts
may
provide
classes
in
kindergarten;
41
(3)
To
provide,
or
require
pupils
to
be
provided
with,
suitable
text
-
42
books
and
supplies
and,
for
advice
on
textbook
selections,
may
appoint
a
cur
-
43
ricular
materials
adoption
committee
as
provided
in
section
33
-
512A,
Idaho
44
Code;
45
(4)
To
protect
the
morals
and
health
of
the
pupils;
46
(5)
To
exclude
from
school
children
not
of
school
age;
47
(6)
To
prescribe
rules
for
the
disciplining
of
unruly
or
insubordinate
48
pupils,
including
rules
on
student
harassment,
intimidation
and
bullying,
49
such
rules
to
be
included
in
a
district
discipline
code
adopted
by
the
board
50
3
of
trustees
and
a
summarized
version
thereof
to
be
provided
in
writing
at
the
1
beginning
of
each
school
year
to
the
teachers
and
students
in
the
district
2
in
a
manner
consistent
with
the
student's
age,
grade
and
level
of
academic
3
achievement;
4
(7)
To
exclude
from
school
pupils
with
contagious
or
infectious
dis
-
5
eases
who
are
diagnosed
or
suspected
as
having
a
contagious
or
infectious
6
disease
or
those
who
are
not
immune
and
have
been
exposed
to
a
contagious
or
7
infectious
disease;
and
to
close
school
if
the
board
determines
that
condi
-
8
tions
warrant
such
closure,
based
on
consultation
with
the
district
health
9
department
of
the
public
health
district
in
which
the
school
district
is
lo
-
10
cated;
1
1
(8)
To
equip
and
maintain
a
suitable
library
or
libraries
in
the
school
12
or
schools
and
to
exclude
therefrom,
and
from
the
schools,
all
books,
tracts,
13
papers,
and
catechisms
of
sectarian
nature;
14
(9)
To
determine
school
holidays.
Any
listing
of
school
holidays
shall
15
include
not
less
than
the
following:
New
Year's
Day,
Memorial
Day,
Indepen
-
16
dence
Day,
Thanksgiving
Day,
and
Christmas
Day.
Other
days
listed
in
section
17
73
-
108,
Idaho
Code,
if
the
same
shall
fall
on
a
school
day,
shall
be
observed
18
with
appropriate
ceremonies;
and
any
days
the
state
board
of
education
may
19
designate,
following
the
proclamation
by
the
governor,
shall
be
school
holi
-
20
days;
21
(10)
To
erect
and
maintain
on
each
schoolhouse
or
school
grounds
a
suit
-
22
able
flagstaff
or
flagpole
and
display
thereon
the
flag
of
the
United
States
23
of
America
on
all
days,
except
during
inclement
weather,
when
the
school
is
24
in
session;
and
for
each
Veterans
Day,
each
school
in
session
shall
conduct
25
and
observe
an
appropriate
program
of
at
least
one
(1)
class
period
remember
-
26
ing
and
honoring
American
veterans;
27
(11)
To
prohibit
entrance
to
each
schoolhouse
or
school
grounds,
to
pro
-
28
hibit
loitering
in
schoolhouses
or
on
school
grounds
and
to
provide
for
the
29
removal
from
each
schoolhouse
or
school
grounds
of
any
individual
or
indi
-
30
viduals
who
disrupt
the
educational
processes
or
whose
presence
is
detrimen
-
31
tal
to
the
morals,
health,
safety,
academic
learning
or
discipline
of
the
32
pupils.
A
person
who
disrupts
the
educational
process
or
whose
presence
is
33
detrimental
to
the
morals,
health,
safety,
academic
learning
or
discipline
34
of
the
pupils,
or
who
loiters
in
schoolhouses
or
on
school
grounds,
is
guilty
35
of
a
misdemeanor;
36
(12)
To
supervise
and
regulate,
including
by
contract
with
established
37
entities,
those
extracurricular
activities
that
are
by
definition
outside
38
of
or
in
addition
to
the
regular
academic
courses
or
curriculum
of
a
public
39
school,
and
which
extracurricular
activities
shall
not
be
considered
to
be
a
40
property,
liberty
or
contract
right
of
any
student,
and
such
extracurricular
41
activities
shall
not
be
deemed
a
necessary
element
of
a
public
school
educa
-
42
tion
but
shall
be
considered
to
be
a
privilege.
For
the
purposes
of
extracur
-
43
ricular
activities,
any
secondary
school
located
in
this
state
that
is
ac
-
44
credited
by
an
organization
approved
through
a
process
defined
by
the
state
45
department
of
education
shall
be
able
to
fully
participate
in
all
extracur
-
46
ricular
activities
described
in
and
governed
by
the
provisions
of
this
sub
-
47
section;
48
(13)
To
govern
the
school
district
in
compliance
with
state
law
and
49
rules
of
the
state
board
of
education;
50
4
(14)
To
submit
to
the
superintendent
of
public
instruction
not
later
1
than
July
1
of
each
year
documentation
that
meets
the
reporting
requirements
2
of
the
federal
gun
-
free
schools
act
of
1994
as
contained
within
the
federal
3
improving
America's
schools
act
of
1994;
4
(15)
To
require
that
all
certificated
and
noncertificated
employees
5
hired
on
or
after
July
1,
2008,
and
other
individuals
who
are
required
by
6
the
provisions
of
section
33
-
130,
Idaho
Code,
to
undergo
a
criminal
history
7
check
shall
submit
a
completed
ten
(10)
finger
fingerprint
card
or
scan
to
8
the
department
of
education
no
later
than
five
(5)
days
following
the
first
9
day
of
employment
or
unsupervised
contact
with
students
in
a
K
-
12
setting,
10
whichever
is
sooner.
Such
employees
and
other
individuals
shall
pay
the
cost
1
1
of
the
criminal
history
check.
If
the
criminal
history
check
shows
that
the
12
employee
has
been
convicted
of
a
felony
crime
enumerated
in
section
33
-
1208,
13
Idaho
Code,
it
shall
be
grounds
for
immediate
termination,
dismissal
or
14
other
personnel
action
of
the
district,
except
that
it
shall
be
the
right
15
of
the
school
district
to
evaluate
whether
an
individual
convicted
of
one
16
of
these
crimes
and
having
been
incarcerated
for
that
crime
shall
be
hired.
17
Provided
however,
that
any
individual
convicted
of
any
felony
offense
listed
18
in
section
33
-
1208(2),
Idaho
Code,
shall
not
be
hired.
For
the
purposes
of
19
criminal
history
checks,
a
substitute
teacher
is
any
individual
who
tem
-
20
porarily
replaces
a
certificated
classroom
educator
and
is
paid
a
substitute
21
teacher
wage
for
one
(1)
day
or
more
during
a
school
year.
A
substitute
22
teacher
who
has
undergone
a
criminal
history
check
at
the
request
of
one
(1)
23
district
in
which
he
has
been
employed
as
a
substitute
shall
not
be
required
24
to
undergo
an
additional
criminal
history
check
at
the
request
of
any
other
25
district
in
which
he
is
employed
as
a
substitute
if
the
teacher
has
obtained
26
a
criminal
history
check
within
the
previous
five
(5)
years.
If
the
district
27
next
employing
the
substitute
still
elects
to
require
another
criminal
his
-
28
tory
check
within
the
five
(5)
year
period,
that
district
shall
pay
the
cost
29
of
the
criminal
history
check
or
reimburse
the
substitute
teacher
for
such
30
cost.
To
remain
on
the
statewide
substitute
teacher
list
maintained
by
the
31
state
department
of
education,
the
substitute
teacher
shall
undergo
a
crimi
-
32
nal
history
check
every
five
(5)
years;
33
(16)
To
develop
and
maintain
a
safe
environment
for
students
and
employ
-
34
ees
by:
35
(a)
Developing
a
system
of
background
checks
for
all
persons
who
have
36
unsupervised
contact
with
students
in
a
kindergarten
through
grade
12
37
setting,
which
shall
include
but
shall
not
be
limited
to
a
check
of
the
38
Idaho
sex
offender
central
registry
provided
in
chapter
83,
title
18,
39
Idaho
Code;
40
(b)
Requiring
each
school
in
the
school
district
to
create
and
maintain
41
an
emergency
operations
plan
for
each
school
that
is
approved
by
the
42
board.
The
board
shall
ensure
plans
are
developed
in
coordination
with
43
local
school
staff
and
local
emergency
response
agencies
and
reviewed
44
at
least
annually
for
updates
and
changes.
Plans
shall
meet
the
guide
-
45
lines
adopted
by
the
Idaho
school
safety
and
security
advisory
board;
46
and
47
(c)
Requiring
all
school
district
staff
to
receive
initial
and
an
-
48
nual
emergency
operations
training
that
provides
instruction
on
how
to
49
conduct
exercises
in
order
to
respond
to
emergencies
according
to
the
50
5
guidelines
established
by
the
Idaho
school
safety
and
security
advisory
1
board;
and
2
(17)
To
provide
support
for
teachers
in
their
first
two
(2)
years
in
the
3
profession
in
the
areas
of:
administrative
and
supervisory
support,
mentor
-
4
ing,
peer
assistance
and
professional
development.
5
SECTION
2.
This
act
shall
be
in
full
force
and
effect
on
and
after
Jan
-
6
uary
1,
2028.
7