Idaho Administrative Code — Education, State Board of and State Department of

IDAPA 08 Education, State Board of and State Department of

08.02.01 Rules Governing Administration

IDAPA 08.02.01.000 Legal Authority

All rules in IDAPA 08.02.01, “Rules Governing Administrat ion,” are promulgated pursuant to the authority of the State Board of Education under Article IX, Section 2 of the Idaho Constitution and under Sections 33-101, 33-105, 33-107, 33-116, 33-117, 33-308, 33-320, 33-310B, 33-512, 33-513, 33-905, 33-1279, 33-1403, 33-1405, 33-2004 and Chapter 10, Title 33, Idaho Code. Specific statutory references for particular rules are also noted as additional authority where appropriate.(3-15-22)

IDAPA 08.02.01.001 Scope

Uniform and thorough standards and governance by the State Board of Education for the establishment and mai ntenance of a general, uniform and thorough system of public education.(3-15-22)

IDAPA 08.02.01.002 Written Interpretations

In accordance with Section 67-5201(19)(b)(iv), Idaho Code , any written interpretations of the rules of this chapter are available at the Office of the State Board of Education located at 650 W. State St., Room 307, Boise, Idaho 83702.

IDAPA 08.02.01.003 (Reserved)

IDAPA 08.02.01.007 Waivers

The State Board of Education may grant a waiv er of any rule not required by state or federal law to any school district upon written request. The Board will not grant waivers of any rule required by state or federal law. State and federal law includes case law (including consent decrees), statutes, constitutions, and federal regulations.(3-15-22)

IDAPA 08.02.01.008 Definitions

01.Course.

A unit of instruction that may be determined based on the amount of instructional time or predetermined level of content and course outcomes.(3-15-22)

02.Virtual Course. A course where instruction is provided in an on-line format and does not necessarily include face-to-face instruction.(3-15-22)

IDAPA 08.02.01.009 (Reserved)

IDAPA 08.02.01.050 Altering School District Boundaries

The State Board of Education sets forth the following rules to govern the application and hearing procedures for alteration of school boundaries pursuant to Section 33-308, Idaho Code. A written application from the person or persons requesting alteration of school district boundaries, including the reasons for making the request, will be submitted to the Department of Education.(3-15-22)

01.Written Statement of Support. A written statement supporting or opposing the proposed alteration will be prepared by each board of trustees no later than ten (10) days following its first regular meeting held following receipt of the written application prepared by the person or persons requesting the alteration. Such request and supporting materials shall be forwarded to the Superintendent of Public Instruction.(3-15-22)

02.Review of Request. The Superintendent of Public Instruction shall appoint a hearing officer in accordance with State Board of Education Governing Policies and Procedures to review the proposed alteration of boundaries.(3-15-22)

03.Criteria for Review of Request. The hearing officer shall review the proposed alteration of boundaries taking into account the following criteria:(3-15-22)

a.Will the alteration as proposed leave a school district with a bonded debt in excess of the limit proscribed by law;(3-15-22)

b.Is the proposed alteration in the best interests of the children residing in the area described in the petition. In determining the best interests of the children the hearing officer shall consider all relevant factors which may include:(3-15-22)

i.The safety and distance of the children from the applicable schools;(3-15-22)

ii.The views of the interested parties as these views pertain to the interests of the children residing in the petition area;(3-15-22)

iii.The adjustment of the children to their home and neighborhood environment; and(3-15-22)

iv.The suitability of the school(s) and school district which is gaining students in terms of capacity and community support.(3-15-22)

04.Market Value. The market value, for tax purposes, of the two (2) districts prior to the requested transfer and of the area proposed to be transferred will be provided.(3-15-22)

05.Decision by State Board Education. The recommendation from the hearing on the matter shall be forwarded to the State Board of Education for decision in accordance with the Board’s Governing Policies and Procedures.(3-15-22)

06.Additional Information. The applicant may submit any additional information which is deemed to be appropriate in assisting the State Board of Education to make the decision.(3-15-22)

IDAPA 08.02.01.051 (Reserved)

IDAPA 08.02.01.150 Deviation from Standard Employment Contract Form

The State Superintendent of Public Instruction has approved a standard employment contract form. Any deviation from this contract form must be approved by the State Superintendent of Public Instruction and reviewed for reapproval once every three (3) years.(3-15-22)

IDAPA 08.02.01.151 (Reserved)

IDAPA 08.02.01.200 Emergency Closure - Teacher Strike or Withholding of Service

The State Board of Education does not recognize a teacher strike or the withholding of service as sufficient cause to declare an emergency closure. The primary concern of the State Board of Education is for the instructional program available to students.(3-15-22)

IDAPA 08.02.01.201 (Reserved)

IDAPA 08.02.01.250 Pupil Accounting and Required Instructional Time

01.Day in Session When Counting Pupils in Attendance.

a.A school day for grades one through twelve (1-12) may be counted as a “day in session” when the school is in session and students are under the guidance and direction of teachers in the teaching process for not less than four (4) hours or its equivalent of instruction per day. Lunch periods, breaks, passing time and recess will not be included in the four (4) hours. For kindergarten, each session will be at least two and one-half (2 1/2) hours per day.

b.Half-day Session. A half-day in session occurs when the students in grades one through twelve (1-12) are under the guidance and direction of teachers in the teaching process for a minimum of two and one-half (2 1/2) hours or its equivalent of instruction or the teachers are involved in staff development activities for not less than two and one-half (2 1/2) hours. Students attending less than a half-day in session may have their hours aggregated by week for reporting purposes.(3-15-22)

02.Day of Attendance - Kindergarten. A day of attendance for a kindergarten pupil is one in which a pupil is under the direction and guidance of a teacher while school is in session or under homebound instruction. A homebound student is one who is unable to attend school for at least ten (10) consecutive days due to illness, accident or an unusual disabling condition. Attendance will be reported in half-day increments. Particularly, enrollment figures are not to be used for the beginning nor closing weeks of school.(3-15-22)

03.Day of Attendance (ADA) - Grades One Through Twelve (1-12). A day of attendance is one in which a pupil is under the guidance and direction of a teacher or other authorized school district personnel while school is in session and under the instruction of a teacher employed by the district in which the pupil resides or employed through the Idaho digital learning academy, with the exception as stated in “day in session” above.

Attendance will be reported in full or half-days.(3-15-22)

04.Full-Time Equivalent (FTE) Enrollment Reporting.(3-15-22)

a.Full-time equivalent (FTE) enrollment will be based on the courses in which students are reported to be enrolled. To appropriately account for the differences in courses and schedules, FTE will be calculated using the minutes per week metric of the reported courses which is an indicator of the amount of content delivered in the course.(3-15-22)

b.For each student, the minutes per week of all reported courses will be summed to provide a total course minutes per week, and this number will be used to determine the FTE enrollment of the individual student.

The student will generate an FTE enrollment equal to the proportion of the total minutes per week of the reported courses for the student divided by 1200 with a maximum FTE of:(3-15-22)

i.Kindergarten: 0.5 FTE(3-15-22)

ii.Grades one (1) to twelve (12): 1.0 FTE(3-15-22)

c.Students enrolled in more than one (1) LEA will have their FTE enrollment fractionalized between the LEAs in which they are enrolled by dividing the course minutes per week that the student is enrolled at each LEA by the total course minutes per week for the student reported by all LEAs.(3-15-22)

d.Courses in LEAs with block scheduling that result in students receiving instruction for a period greater than one (1) week will use an average of the course minutes per week over a two-week period as the minutes per week for the course.(3-15-22)

e.Students enrolled in an alternative summer school or alternative night school program of two hundred twenty-five (225) or more hours of instruction may be counted as an additional zero point two five (0.25)

FTE. Alternative summer school enrollment will be included in the October 1 reporting period.(3-15-22)

f.Students enrolled in an alternative summer school or alternative night school program of less than two hundred twenty-five (225) hours FTE will be determined based on the proportional share of two hundred twentyfive (225) hours the program consists of.(3-15-22)

g.Students enrolled in more than one (1) LEA in grade seven (7) through grade twelve (12) shall count enrollment at all LEAs for determining eligibility of overload courses identified in Sections 33-4601 and 33- 4602, Idaho Code.(3-15-22)

IDAPA 08.02.01.251 Data Collection

LEA’s will report the required information for state and federal reporting and decision-making. The reporting will be done in accordance with the requirements established in Chapter 10, Title 33, Idaho Code, or as needed for state and federal purposes. Each LEA is required to verify and assure the accuracy of the data submitted on a timeframe established by the state board of education or its designee.(3-15-22)

01.State Data System. In accordance with the provisions of Section 33-133, Idaho Code, the following data elements will be added to the state data system:(3-15-22)

a.Grade Point Average (GPA);(7-1-25)

b.Chronic Absenteeism;(3-15-22)

c.Student address;(3-15-22)

d.Responsible District/School; and(7-1-25)

e.Physically on Campus.(7-1-25)

IDAPA 08.02.01.252 Data Validity

01.Responsibility. LEA Administrators are responsible for the accuracy of the data submitted by the LEA.(3-15-22)

a.Data must be verified and corrected within 30 business days, based on the LEA’s calendar, of receiving written notification of issues in submitted data. The timeline for correcting data may be extended if LEA staff are actively working with state longitudinal data system staff to correct the issue.(3-15-22)

b.Data reported by the LEAs used for funding purposes, including placement on the career ladder, must come through the state longitudinal data system. When discrepancies are identified, it is the responsibility of the LEA to update the submitted data prior to any adjustments being made. Funding will be withheld until such data is corrected.(3-15-22)

253.UNIQUE EDUCATION IDENTIFIER. 1.Assignment. Each student enrolling in an Idaho public LEA or participating in a public educational program will be assigned a unique student identifier. The unique education identifier shall follow the student and will be used by each LEA in which the student is enrolled or participating. The unique student identifier will follow the student into the public postsecondary education.(3-15-22)

a.LEAs must obtain unique student identifiers by providing the following information for each student:(3-15-22)

i.Complete legal name, including first, middle, last, and suffix as written on a legal document such as birth certificate, passport, visa, or other such legal document.(3-15-22)

ii.Date of birth.(3-15-22)

iii.Gender.(3-15-22)

b.LEAs may be required to provide any or all of the following additional information to help ensure unique identification such as:(3-15-22)

i.Prior school attended, if known.(3-15-22)

ii.Zip code of residence.(3-15-22)

iii.Race and Ethnicity.(3-15-22)

iv.Birth parents’ first and last name.(3-15-22)

v.Parents’ or guardians’ first and last name(s).(3-15-22)

vii.County of birth.(3-15-22)

IDAPA 08.02.01.254 (Reserved)

IDAPA 08.02.01.300 Funds Withheld - Late Submission of Records

All required records from each LEA will be reported by the required deadlines. If an LEA is delinquent in reporting and is determined to be noncompliant, payment to that LEA will be withheld until such time as the LEA has met its obligation.(3-15-22)

IDAPA 08.02.01.301 (Reserved)

IDAPA 08.02.01.350 Early Graduation

Any high school student who completes the number of credits and exiting standards required by both the state and the school district prior to completing eight (8) semesters of high school work may petition the local superintendent and board of trustees to graduate early. When calculating the aggregate average daily attendance for the educational support program, students graduating from high school prior to the end of the school year will have their ADA for the first semester (second trimester) counted as if they were in attendance during the second semester (third trimester) of the school year.(3-15-22)

IDAPA 08.02.01.351 (Reserved)

IDAPA 08.02.01.400 Special Education Funding for Districts with Approved Programs

01.Reimbursement for Exceptional Ch ild Support Units. State reimbursement provided by exceptional child support units is based on the following formula:(3-15-22)

a.Preschool students will generate funding based upon the weekly hours and minutes they are enrolled in special education.(3-15-22)

b.From the fall elementary enrollment of kindergarten through grade six (K-6), subtract elementary residential facility students and multiply the result by six one-hundredths (.06). Add the elementary residential facility students to the product.(3-15-22)

c.From the fall regular secondary enrollment of grades seven through twelve (7-12), subtract secondary residential facility students and multiply the result by fifty-five one-thousandths (.055). Add the secondary residential facility students to the product.(3-15-22)

d.Add the juvenile detention facility students to the total.(3-15-22)

e.Use the exceptional child divisor to determine the number of exceptional child units. Secondary programs with a smaller divisor may use the smaller divisor for their secondary computation.(3-15-22)

f.Elementary and secondary exceptional child support units will be calculated using one hundred percent (100%) Average Daily Attendance (ADA): the ADA will be subtracted from their respective regular elementary and secondary administrative unit for computing the support unit.(3-15-22)

02.Contracting for Educational and Related Services.

a.A school district which contracts for special education services with another agency may claim reimbursement up to a maximum amount of state funding, as annually determined by the State Department of Education, less the district’s certified annual tuition rate. When any agency contracts for the education of exceptional children, all such children will be enrolled in the district of their residence and the agency will certify to the home school district the daily record of attendance of such student.(3-15-22)

b.For special education contracts between local school districts, the district receiving service will pay the district providing service the amount of the providing district’s local annual tuition rate as certified under the provision of Idaho Code. The school district providing service will include students served within such contract within the total number of special education students used to calculate exceptional education support units. Charges for additional costs may be negotiated between the districts.(3-15-22)

c.The State Department of Education will determine if public and private schools and facilities meet state standards for an approved special education program. Any agency aggrieved by the Department of Education’s final decision may appeal that decision to the State Board of Education.(3-15-22)

IDAPA 08.02.01.401 (Reserved)

IDAPA 08.02.01.450 Reimbursement to Districts for Substitute Teacher Costs

The Professional Standards Commission (PSC) is authorized to reimburse the employing district for a classroom teacher member of the PSC for the costs incurred in the employment of a substitute teacher for a member while the member is engaged in PSC business. Such reimbursement may be made for each instance in which a substitute is employed as a replacement for a member beyond six (6) days during a given school year. Reimbursement may be made upon request by the employing district submitted in a manner determined by the PSC. Reimbursement will be based upon the prevailing rate for substitutes in that district.(3-15-22)

IDAPA 08.02.01.451 (Reserved)

IDAPA 08.02.01.500 School District Building Account (non-Lottery Money)

The board of trustees of any school district may apply to th e State Board of Education to receive a payment or payments from the School District Building Account as authorized under Section 33-905(3a), Idaho Code. (3-15-22)

01.Application for Payment. The application for payments from the School District Building Account will include:(3-15-22)

a.A statement of need;(3-15-22)

b.A statement of the condition and use of all of the district’s existing facilities including the dates of construction and any significant remodeling or additions;(3-15-22)

c.A history of the district’s classroom student/teacher ratios, how these ratios have been affected by a lack of classroom space, and how these ratios would be improved by the project being requested. This statement should include building by building ratios as well as the overall district student/teacher ratio;(3-15-22)

d.A statement of the district’s existing tax levies for school plant facilities and bond interest redemption, along with how these levies relate to the district’s levy capacity;(3-15-22)

e.A statement of the district’s market value for assessment purposes as such valuation existed on December 31 of the previous year, as well as other factors, if any, that affect the district’s ability to finance school construction;(3-15-22)

f.A statement of past efforts to levy for the project for which funding is being requested;(3-15-22)

g.A description of any unique or special circumstances that should be considered in the evaluation of the application;(3-15-22)

02.Application Deadline. The deadline for submitting applications will be January 30th of each year.

03.Eligibility. The State Board of Education will be responsible for determining which school districts receive payments from the School District Building Account. The State Board will:(3-15-22)

a.Review all applications submitted by the established deadline, taking into consideration the criteria of need, wealth, and effort established in Section 33-905, Idaho Code;(3-15-22)

b.Require resubmission of an application only when there have been substantial changes in the district which could alter the status of original determination;(3-15-22)

c.Determine a priority of school districts eligible to receive monies from the School District Building Account. Such priority will be based on a point system. Once established, the priority will be annually reviewed.

Unless significant new information has been submitted which impacts the original determination, the priority will not be altered;(3-15-22)

d.Determine a priority within forty-five (45) days of the application submission deadline; and

e.Award to each successful grantee twenty-five percent (25%) of the costs of the approved project.

04.Point System for Determining Priority. The point system for determining the priority of eligible districts is based on the following rating and weighted values:(3-15-22)

a.Need: zero through ten (0-10) points, three and one half (3.5) weighted value for each point awarded;(3-15-22)

b.Effort: zero through ten (0-10) points, two (2.0) weighted value for each point awarded; (3-15-22)

c.Ability: zero through ten (0-10) points, two (2.0) weighted value for each point awarded; (3-15-22)

d.Past efforts (levies attempted but failed): zero through ten (0-10) points, five tenths (.5) weighted value for each point awarded;(3-15-22)

e.Student/teacher ratio improvement: zero through ten (0-10) points, one (1.0) weighted value for each point awarded; and(3-15-22)

f.Unique/special circumstances zero through ten (0-10) points: one (1.0) weighted value for each point awarded.(3-15-22)

05.Documentation of Revenue Sources. The school district will, within twelve (12) months of receipt of the approved state portion, submit documentation to the State Board of Education of the approved revenue source or sources that will be used to raise the district’s portion. Failure to meet this requirement will result in return of the state grant along with any interest accrued on these monies.(3-15-22)

IDAPA 08.02.01.501 (Reserved)

IDAPA 08.02.01.550 Out-of-State Tuition

01.Annual Agreement.

An annual agreement for out-of-state tuition, signed by a local board of trustees and approved by the State Board of Education, may allow students who are residents of an Idaho school district that borders on an adjacent state to attend school in the adjacent state for educational services in kindergarten through grade twelve (K-12).(3-15-22)

02.State Support Program Allowance. An Idaho school district will be eligible to receive from the state educational support program an amount equal to the cost of the out-of-state tuition contract less the amount of local district contribution times the percentage the average daily attendance (ADA) of tuition students is to the total ADA in the school district.(3-15-22)

IDAPA 08.02.01.551 (Reserved)

IDAPA 08.02.01.600 Reimbursement to Districts for a Feasibility Study of High School or

SCHOOL DISTRICT CONSOLIDATION.

01.Application Procedure.

Applications for reimbursement will be submitted to the State Superintendent of Public Instruction in narrative form with the following supporting documents:(3-15-22)

a.A copy of the feasibility study;(3-15-22)

b.A copy of the consolidation plan, when appropriate;(3-15-22)

c.A summary of school board deliberations or joint sessions that were held by the participating school boards;(3-15-22)

d.A summary of all public hearings held, if any; and(3-15-22)

e.An itemized listing of reimbursable costs.(3-15-22)

02.Reimbursable and Non-Reimbursable Costs. Allowable costs for a feasibility study may include contracts for technical services, and the costs of public hearings, telephone bills, supplies, materials, publications, and travel. The costs of the following items will not qualify for reimbursement:(3-15-22)

a.A salary of any person regularly employed part-time or full-time by the school district;(3-15-22)

b.Rental of district-owned facilities;(3-15-22)

c.Costs incurred more than three (3) years prior to the application.(3-15-22)

03.Maximum Reimbursement Allowed. The total costs reimbursed will not exceed ten thousand dollars ($10,000) for each feasibility study. A school district may receive reimbursement for more than one (1) feasibility study, but the aggregate total reimbursement for all studies will not exceed ten thousand dollars ($10,000) during any consecutive three (3) year period.(3-15-22)

04.Notification of Approval. Upon verifying applicant school district’s fiscal encumbrance for a feasibility study, the State Department of Education will notify the district and include the reimbursement payment in the district’s apportionment payment for the year in which the expenses were incurred.(3-15-22)

IDAPA 08.02.01.601 (Reserved)

IDAPA 08.02.01.650 General Education Development Tests/Idaho High School Equivalency

CERTIFICATE.

The primary objective of the State Board of Education is to have all students complete their formal education and graduate from high school. However, students who drop out of school and believe it is in their best interest to take the (General Education Development) GED. test may do so under the following conditions and, upon successful completion of all GED requirements, may apply for an Idaho High School Equivalency Certificate (HSEC).

01.General Education Development Tests. General Education Development (GED) tests are given by approved testing centers for a statewide fee set by the Idaho Division of Career Technical Education. Candidates must make the minimum score for passing the GED test as established by the GED Testing service.(3-15-22)

02.Age Criteria. The applicant must satisfy one (1) of the following age criteria:(3-15-22)

a.The applicant must be at least eighteen (18) years of age;(3-15-22)

b.The applicant may be sixteen (16) or seventeen (17) years of age and be one (1) year or more behind in credits earned, expelled, recommended by the school, pregnant, or a parent. In such cases, the applicant is eligible if the applicant’s school verifies in writing that the student meets one of the above criteria and this verification is on file at the testing center prior to any testing. The school may give its verification only after the applicant and his or her parent or guardian submit in writing a request for the applicant to take the GED tests and the applicant and the applicant’s parent or guardian have met with school officials to review and discuss the request. (In cases where the applicant is not living with a parent or guardian, the parent or guardian’s verification is not necessary.);(3-15-22)

c.The applicant may be sixteen (16) or seventeen (17) years of age and be entering college, the military, or an employment training program, enrolled in an Adult Basic Education Program, enrolled in the Job Corps, or incarcerated. In such cases, the applicant is eligible if the institution involved applies in writing for the applicant to take the GED tests and this application is on file at the testing center prior to any testing.(3-15-22)

03.Proof of Identity. Test takers must present proof of identification that shows legal name, date of birth, signature, address and photograph. Valid drivers’ licenses, passports, military, and other forms of governmentissued identification are acceptable. Two (2) forms of identification may be provided to meet these criteria. (3-15-22)

04.Idaho High School Equivalency Certificate. The State Department of Education will issue an Idaho High School Equivalency Certificate (HSEC) to eligible applicants. To be eligible to receive an HSEC, an applicant must submit the following documents to the Division of Career Technical Education:(3-15-22)

a.An official report of GED test results showing successful completion of all requirements applicable to the version of the GED test taken by the applicant. Test scores are accepted as official only when reported directly by the State’s approved vendor for transcripts and records management, the Transcript Service of the Defense Activity for Non-Traditional Education Support (DANTES), or, in special cases, the GED Testing Service. (3-15-22)

b.Individuals who took the exam prior to January 1, 2014, must also furnish documentation that they met the American Government requirement of the State of Idaho. This requirement may be met by resident study in high school or college, correspondence study from an accredited university, DANTES, or by successfully passing the American Government test furnished by the testing center.(3-15-22)

c.A completed form DD295 on all service personnel. This form is not required of veterans and non-veteran adults.(3-15-22)

d.A copy of a discharge if the applicant is a veteran of military service.(3-15-22)

IDAPA 08.02.01.651 (Reserved)

IDAPA 08.02.01.801 Continuous Improvement Planning and Training

In accordance with Section 33-320, Idaho Code, every local education agency (LEA) shall develop and maintain a strategic plan that includes a continuous improvement process focused on improving student performance of the LEA.(3-15-22)

01.Definitions.(3-15-22)

a.Administrator. As used in this section administrator means the superintendent of the school district or administrator of a charter school.(3-15-22)

b.Board. Board means the Idaho State Board of Education.(3-15-22)

c.Executive Director. Executive Director means the Executive Director of the Idaho State Board of Education.(3-15-22)

d.Local Education Agency Board. As used in this section local education agency or LEA Board means the board of trustees of a school district or board of directors of a charter school.(3-15-22)

e.Local Education Agency. As used in this section local education agency (LEA) means public school district or charter school..(3-15-22)

f.Continuous Improvement Plan. As used in this section, a continuous improvement plan focuses on annual measurable outcomes and the analysis of data to assess and prioritize needs and measure outcomes. (3-15-22)

02.Reimbursement Eligibility. LEA’s may request reimbursement for training conducted pursuant to Section 33-320, Idaho Code. Such training must be available to local governing board members and school district and charter school administrators. To be eligible for reimbursement the training and trainer must meet the following criteria:(3-15-22)

a.Training. The training must cover one (1) or more the follow subjects:(3-15-22)

i.Continuous improvement planning training. Continuous improvement planning training must include, but is not limited to, training on continuous process improvement, use and analysis of data, and methods for setting measurable targets based on student outcomes;(3-15-22)

ii.School finance;(3-15-22)

iii.Administrator evaluations, including, but not limited to, specifics on the Idaho state evaluation requirements and framework;(3-15-22)

iv.Ethics; or(3-15-22)

v.Governance.(3-15-22)

b.Documentation of Training. Training records shall be kept by the LEA showing:(3-15-22)

i.The length of the training in hours; (3-15-22)

ii.The subject(s) covered by the training;(3-15-22)

iii.The participants included in the training or validation of attendance of specific participants as applicable; and (3-15-22)

iv.The curriculum, agenda, or other documentation detailing the content of the training.(3-15-22)

c.Training Format. A majority of the LEA board and the administrator must collaborate on the continuous improvement plan and engage students, parents, educators and the community, as applicable to the training subject and format. The training facilitator must be physically present or have the ability to interact directly with all training participants. Sufficient time must be provided during the sessions to give the participants an opportunity to discuss issues specific to the LEA.(3-15-22)

d.Trainer Qualifications. The trainer must meet the following qualifications:(3-15-22)

i.May not be a current employee of the LEA;(3-15-22)

ii.Must have two (2) years of documented training experience in the area of training being provided for the LEA; and(3-15-22)

iii.Must provide at least three (3) recommendations from individuals who participated in past training sessions conducted by the trainer. These recommendations must be included with the application to determine the trainer’s qualifications.(3-15-22)

e.Qualified Trainers. Trainer qualifications will be determined by the Office of the State Board of Education. The State Board of Education will maintain a list of qualified trainers and the subject areas in which they are qualified. (3-15-22)

i.An individual or company may submit an application for consideration to be placed on the list of qualified trainers or the LEA may submit the application on behalf of the individual or company. (3-15-22)

ii.Applications must be submitted to the Executive Director in a format established by the Executive Director.(3-15-22)

iii.Trainer qualifications must be determined prior to the LEA’s request for reimbursement of training costs.(3-15-22)

03.Audit. If requested, LEA’s must provide training documentation or other information to verify eligibility prior to reimbursement.(3-15-22)

IDAPA 08.02.01.802 (Reserved)

IDAPA 08.02.01.803 Statewide Average Class Size

For the purpose of determining the statewide average class size used in school district staff allowance calculations, school districts shall be grouped as follows:(3-15-22)

01.Group 1. Group 1 shall consist of school districts with an elementary divisor, pursuant to Section 33-1004, Idaho Code, of twenty (20) for grades one (1) through three (3) and twenty-three (23) for grades four (4) through six (6), and a secondary divisor of eighteen point five (18.5.)(3-15-22)

02.Group 2. Group 2 will consist of school districts with an elementary divisor, pursuant to Section 33-1004, Idaho Code, of twenty (20) for grades one (1) through three (3) and twenty-three (23) for grades four (4) through six (6), and a secondary divisor less than eighteen point five (18.5.)(3-15-22)

03.Group 3. Group 3 will consist of school districts with elementary divisors, pursuant to Section 33- 1004, Idaho Code, of nineteen (19) or twenty (20) for grades one (1) through six (6), and a secondary divisor of less than eighteen point five (18.5.)(3-15-22)

04.Group 4. Group 4 will consist of school districts with elementary divisors, pursuant to Section 33- 1004, Idaho Code, of less than nineteen (19) for grades one (1) through six (6), and a secondary divisor of less than eighteen point five (18.5.)(3-15-22)

IDAPA 08.02.01.804 (Reserved)

08.01.11 Registration of Postsecondary Educational Institutions and Proprietary Schools

IDAPA 08.01.11.000 Legal Authority

The following rules are made under authority of Sectio ns 33-105, 33-107, 33-2402, and 33-2403, Idaho Code, to implement the provisions of Chapter 24, Title 33, Idaho Code.(3-30-23)

IDAPA 08.01.11.001 Scope

This rule sets forth the registration requirements for postsecond ary educational institutions that are required to register with the Idaho State Board of Education (“Board”) under Section 33-2402, Idaho Code, and for proprietary schools required to register with the Board under Section 33-2403, Idaho Code. In addition, this rule describes the standards and criteria for Board recognition of accreditation organizations, for registration purposes.(3-30-23)

IDAPA 08.01.11.002 Delegation

The Board delegates authority to its Executive Director and the Of fice of the State Board of Education to administer the registration of postsecondary educational institution and proprietary schools, in accordance with Title 33, Chapter 24, Idaho Code, and this rule.(3-30-23)

IDAPA 08.01.11.003 (Reserved)

IDAPA 08.01.11.010 Definitions

01.Nonprofit.

Means an entity that is recognized under the Internal Revenue Code and applicable regulations as being tax exempt, or an entity such as a nonprofit or not-for-profit organization that possesses the following characteristics that distinguish it from a business enterprise: (a) contribution of significant amounts of resources from resource providers who do not expect commensurate or proportionate pecuniary return, (b) operating purposes other than to provide goods or services at a profit, and (c) absence of ownership interests like those of business enterprises.(3-30-23)

02.Postsecondary Educational Institution. Sometimes referred to in this rule simply as an institution, is defined in Section 33-2401, Idaho Code.(3-30-23)

03.Proprietary School. Sometimes referred to in this rule simply as a school, is defined in Section 33- 2401, Idaho Code.(3-30-23)

IDAPA 08.01.11.011 (Reserved)

IDAPA 08.01.11.100 Recognition of Accreditation Organizations

For purposes of registration of postsecondary educational institutions, the Board recognizes the regional accreditation organizations that are recognized by and in good standing with the United States Department of Education, and which accredit entire colleges or universities, and which do not accredit only courses or courses of study (such as specialized accreditation organizations). Further, the Board may recognize other accreditation organizations on a case-by-case basis. A request for recognition of other accreditation organizations for purposes of registration should be made to the Board’s Chief Academic Officer, who will review and evaluate the request with the input and advice of the Board’s Committee on Academic Affairs and Programs (CAAP). The Board will make a final decision based on such evaluation and review.(3-30-23)

IDAPA 08.01.11.101 Registration

01.Registration Requirement. Unl ess exempted by statute or this rule, as provided herein, an institution or school which maintains an Idaho presence, or that operates or purports to operate from a location within the state of Idaho, shall register annually and hold a valid certificate of registration issued by the Board. An institution shall not conduct, provide, offer, or sell a course or courses of study, or degree unless registered. A school shall not solicit students for or on behalf of such school, or advertise in the state unless registered.(3-30-23)

a.Renewal of registration shall be for the period beginning on July 1 of any year, and continue through June 30 of the next succeeding year. Registration must be renewed annually. Renewal of registration is not automatic.(3-30-23)

b.An institution or school shall be deemed to have a presence in Idaho, or to be operating or purporting to be operating from a location within the state of Idaho, if it owns, rents, leases, or uses any office or other type of physical location in Idaho, including a mailing or shipping center, or if it represents in any way, such as on an electronic or Internet website, to have an Idaho street or mailing address, including a post office box in Idaho, for purposes of conducting, providing, offering or selling a course or courses of study or degrees.(3-30-23)

c.An institution or school that is required to register under this rule must submit to the Board office an application for registration (either an application for initial registration or renewal of registration, as applicable), on the form provided by the Board office. The application must include a list of each course, course of study, and degree the applicant institution intends to conduct, provide, offer, or sell in Idaho during the registration year.

d.The annual registration fee for initial registration or renewal of registration must accompany the application for registration, and shall be one-half of one percent (.5%) of the gross Idaho tuition revenue of the school during the previous tax reporting year (Jan 1 - Dec 31), but not less than one hundred dollars ($100) and not to exceed five thousand dollars ($5,000). The school shall provide documentation to substantiate the amount of revenue reported. Registration fees are nonrefundable.(3-30-23)

e.An initial application for registration may be submitted to the Board at any time. The review process for an initial registration will take approximately three (3) to five (5) months. An application for renewal of registration must be submitted to the Board on or before the first business day of May that precedes the registration year. The renewal will be processed within thirty (30) days. Institutions or schools that do not adhere to this schedule and whose renewals are not processed by July 1st must cease all active operations until approval of registration is received.(3-30-23)

IDAPA 08.01.11.102 The Board May Notify the Institution or School of Additional

INFORMATION REQUIRED.

If the Board is unable to determine the nature and activities o f an institution or school on the basis of the information provided by the institution or school, then the Board may notify the institution or school of additional information that it will be required to provide in connection with the application for registration.(3-30-23)

01.Verification of Information. The Board may verify the accuracy of submitted information by inspection, visitation, or any other means it considers necessary. The applicant institution shall be responsible for any costs the Board incurs, including travel, associated with this review.(3-30-23)

02.Criteria for Approval of Registration. To be approved for registration, the institution or school must demonstrate that it is in compliance with Chapter 24, Title 33, Idaho Code and this rule. An institution or school must remain in compliance for the registration year.(3-30-23)

03.Public Information. All information submitted to the Board in connection with the application is subject to disclosure as set forth in the Public Records Act, Chapter 1, Title 74, Idaho Code.(3-30-23)

04.Certificate of Registration or Exemption.(3-30-23)

a.A certificate of registration will be issued to an institution or school that has paid its registration fee and has been approved under this rule. A certificate evidencing initial registration will be effective the date it is issued, and continue through June 30 of the next succeeding year. A renewal certificate will be for the period July 1 through June 30 of the next succeeding year. No institution or school that is registered with the Board shall advertise or represent in any manner that it is accredited or endorsed by the Board. An institution or school may only represent that it is “Registered with the Idaho State Board of Education.” Registration is not an endorsement of the institution or school or any of its courses, courses of study, or degrees.(3-30-23)

b.An institution or school exempt from registration under these rules may request a certificate of exemption.(3-30-23)

c.If an institution or school wishes to offer additional courses, courses of study, or degrees during a registration year that were not included in its annual registration application to the Board, then the institution or school must submit a letter to the Board Office along with documentation of its accrediting agency or by the applicable professional or trade board, council, or commission’s approval of the specific changes.(3-30-23)

05.Disapproval and Appeal. If an institution’s or school’s request for initial registration, or renewal of registration, is disapproved by the Board, then the institution or school may appeal such decision within thirty (30) days of the date the institution or school is notified of the disapproval.(3-30-23)

06.Withdrawal of Approval.(3-30-23)

a.The Board may refuse to renew, or may revoke or suspend approval of, an institution or school’s registration by giving written notice and the reasons therefore to the institution or school. The institution or school may request a hearing relating to such decision under IDAPA 04.11.01, “Idaho Rules of Administrative Procedure of the Attorney General.”(3-30-23)

b.Withdrawal of approval may be for one (1) or more of the following reasons:(3-30-23)

i.Violation of Chapter 24, Title 33, Idaho Code or this rule;(3-30-23)

ii.Providing false, misleading, deceptive, or incomplete information to the Board;(3-30-23)

iii.Presenting information to prospective or current students which is false, fraudulent, misleading, deceptive, or inaccurate in a material respect;(3-30-23)

iv.Refusing to allow reasonable inspection or to supply reasonable information after a written request by the Board Office has been received; or(3-30-23)

v.Loss of accreditation status.(3-30-23)

c.If any information contained in the application submitted by the institution or school becomes incorrect or incomplete, then the registered institution or school shall notify the Board office of such change within thirty (30) days. An institution or school that ceases operation during the course of a registration year shall immediately inform the Board Office of this event.(3-30-23)

IDAPA 08.01.11.103 (Reserved)

IDAPA 08.01.11.200 Registration of Postsecondary Educational Institutions

01.Registration Requirement.

a. A new or start-up entity that desires to operate as a postsecondary educational institution in Idaho but which is not yet accredited by an accreditation organization recognized by the Board must register and operate as a proprietary school until accreditation is obtained. A new or start-up entity that is accredited and authorized to operate in another state, and which desires to operate as a postsecondary educational institution in Idaho offering degrees for which specialized program accreditation is required, may be granted approval to operate subject to the successful attainment of such program accreditation within the regular program accreditation cycle required by the accreditor.(3-30-23)

b.There is no inherent or private right to grant degrees in Idaho. That authority belongs only to institutions properly authorized to operate in Idaho under these rules.(3-30-23)

02.Idaho Presence.(3-30-23)

a.Idaho presence shall include medical/osteopathic education clinical instruction occurring in the state of Idaho as part of a course of study leading to a degree pursuant to a formal multi-year arrangement or agreement between such clinic and an institution providing medical/osteopathic education instruction where eleven (11) or more students of the institution are physically present simultaneously at a single field site.(3-30-23)

b.Idaho presence shall not include:(3-30-23)

i.Distance or online education delivered by an institution located outside of the state of Idaho to students in this state when the institution does not otherwise have physical presence in Idaho, as provided in Subsection 200.03.a. of this rule;(3-30-23)

ii.Medical education instruction occurring in the state of Idaho by an institution pursuant to a medical education program funded by the state of Idaho;(3-30-23)

iii.Internship or cooperative training programs occurring in the state of Idaho where students are employed by or provide services to a business or company in this state and receive course credit from an institution related to such activities; or(3-30-23)

iv.Activities limited to the recruiting or interviewing of applicants or potential students in the state of Idaho, whether conducted by a compensated employee, agent, or representative of an institution, or by volunteer alumnus of an institution, even if such individual is physically located in this state.(3-30-23)

03.Institutions Exempt from Registration.(3-30-23)

a.Certain Idaho private, nonprofit, postsecondary educational institutions. A private, nonprofit, postsecondary educational institution that is already established and operational as of the date when this rule first went into effect (Brigham Young University - Idaho, College of Idaho, Northwest Nazarene University, New Saint Andrews College, Boise Bible College), and located within the state of Idaho, and that is accredited by an accreditation organization recognized by the Board, as set forth in Section 100 of this rule, shall not be required to register. A private, nonprofit, institution is located within the state of Idaho only if it has been lawfully organized in the state of Idaho and its principal place of business is located within the state of Idaho. An institution exempt under this subsection may voluntarily register by following the procedure for registration provided herein.(3-23-22)

b.Idaho religious institutions. A religious institution located within the state of Idaho that is owned, controlled, operated, and maintained by a religious organization lawfully operating as a nonprofit religious corporation and that grants only religious degrees shall not be required to register.(3-30-23)

04.Institutions That Must Register. Unless exempt under Subsection 200.03 of this rule, any entity that desires to operate as a postsecondary educational institution in Idaho must register as provided herein. (3-30-23)

05.Information Required.(3-30-23)

a.An application must include all the information requested on the application form, as well as the following information:(3-30-23)

i.Copy of most recent accreditation letter showing the period of approval;(3-30-23)

ii.Current list of chief officers - e.g. president, board chair, chief academic officer, chief fiscal officer;

iii.Enrollment data for current and past two (2) years;(3-30-23)

iv.Copy of annual audited financial statement, or other financial instrument as established by the executive director;(3-30-23)

v.Any additional information that the Board may request.(3-30-23)

vi.All advertising, pamphlets, and other literature used to solicit students and all contract forms must accurately represent the purpose of the school, its courses or courses of study, and other relevant information to assist students in making an informed decision to enroll. Institutions offering courses or courses of study which require clinical, practicum or internship components must provide students in writing information regarding the number of clin ical, practicum or internship positions available and the location of said positions. Institutions with courses or courses of study that have not been fully accredited must disclose to prospective students in these courses or courses of study the accreditation status of the program and anticipated date for full accreditation.(3-30-23)

b.The Board may, in connection with a renewal of registration, request that an institution only submit information that documents changes from the previous year, provided that the institution certifies that all information and/or documentation submitted in a previous registration year remains current. The annual registration fee, described in Section 101 of this rule, shall remain applicable.(3-30-23)

IDAPA 08.01.11.201 (Reserved)

IDAPA 08.01.11.300 Registration of Proprietary Schools

01.Registration Requirement.

a.For a school that has not previously registered with the Board, registration shall be for the period beginning on the date of issuance of a certificate of registration and continue through June 30 of the next succeeding year.(3-30-23)

b.Renewal of registration shall be for the period beginning on July 1 of any year, and continue through June 30 of the next succeeding year.(3-30-23)

02.Idaho Presence.(3-30-23)

a.Idaho presence shall not include:(3-30-23)

i.Distance or online education delivered by an institution located outside of the state of Idaho to students in this state when the institution does not otherwise have physical presence in Idaho, as provided in Subsection 101 of this rule;(3-30-23)

ii.Internship or cooperative training programs occurring in the state of Idaho where students are employed by or provide services to a business or company in this state and receive course credit from an institution related to such activities; or(3-30-23)

iii.Activities limited to the recruiting or interviewing of applicants or potential students in the state of Idaho, whether conducted by a compensated employee, agent, or representative of an institution, or by volunteer alumnus of an institution, even if such individual is physically located in this state.(3-30-23)

03.Application Information Required. In addition to providing the information requested on the application form, a school must attest by signature of the primary official that it is in compliance with Standards I through V set forth in Section 301 of this rule and must provide verification of compliance with Standards I through V set forth in Section 301 of this rule upon request. The Board may, in connection with a renewal of registration, request that a school only submit information that documents changes from the previous year, provided that the school certifies that all information and/or documentation submitted in a previous registration year remains current.

The annual registration fee shall remain applicable.(3-30-23)

IDAPA 08.01.11.301 Approval Standards for Registration of Proprietary Schools

The Board and its designee accepts the responsibility for s etting and maintaining approval standards for proprietary schools that plan to offer courses or a set of related courses in or from Idaho in order to protect consumers and to ensure quality educational programs are provided throughout the state. A school must meet all of the standards prior to issuance of a certificate of registration and the school must provide required evidence to document compliance with the standards as identified in the application form. A certificate of registration may be denied if all of the standards are not met.(3-30-23)

01.Standard I - Legal Status and Administrative Structure. The school must be in compliance with all local, state and federal laws, administrative rules, and other regulations applicable to proprietary schools.

a.The school must have a clearly stated educational purpose that is consistent with the courses or a set of related courses under consideration for approval.(3-30-23)

b.The ownership of the school, its agents, and all school officials must be identified by name and title.(3-30-23)

c.Each owner, agent, instructor and/or school official must be appropriately qualified by the trade board (as applicable) to ensure courses are of high quality and the rights of students are protected.(3-30-23)

d.Written policies must be established to govern admissions and re-admission of dismissed students, hiring procedures, and working conditions; evaluation/assessment of all employees and instructional offerings; student and instructor rights and responsibilities; grievance procedures; approval of the curriculum and other academic procedures to ensure the quality of educational offerings.(3-30-23)

e.Procedures for assessing/evaluating the effectiveness of instruction must be established. Evaluation and assessment results must be used to improve courses or courses of study.(3-30-23)

f.All advertising, pamphlets, and other literature used to solicit students and all contract forms must accurately represent the purpose of the school, its courses or courses of study, anticipated job opportunities, and other relevant information to assist students in making an informed decision to enroll. Schools offering courses or courses of study which require clinical, practicum or internship components must provide students in writing information regarding the number of clinical, practicum or internship positions available and the location of said positions. The school must provide to each prospective student, newly-enrolled student, and returning student complete and clearly presented information indicating the school’s current completion and job placement rate.(3-30-23)

02.Standard II - Courses or Courses of Study. Instruction must be the primary focus of the school.

All courses or courses of study must prepare students to enter employment upon completion of the program or prepare them for self-employment.(3-30-23)

a.The requirements for each course or courses of study must be defined clearly including applicable completion requirements or other requirements such as practicums and clinicals. Courses or courses of study must follow applicable trade or occupational board training curriculum standards or be designed using effective learning strategies for students, identifying and organizing all instructional materials and specialized facilities, identifying instructional assessment methods, and evaluating the effectiveness of the course offerings. Applicants must include an attestation that courses or courses of study applicable to occupations, which are otherwise regulated, licensed, or registered with another state agency or state board, meet the regulating state agency or state board standards for licensure or certification at the time of application. The office of the state board of education does not review course or program curriculum.(3-30-23)

b.Written course descriptions must be developed for all courses or courses of study. Written course descriptions must be provided to instructors. Instructors are expected to follow course descriptions. A syllabus must be developed for each course and distributed to students at the beginning of the course.(3-30-23)

c.The sch ool must assure that a course or courses of study will be offered with sufficient frequency to enable students to complete courses or courses of study within the minimum time for completion.(3-30-23)

d.The school must clearly state the cost of each course or courses of study and identify the payment schedule. This information, and the refund policy, must be given to students in writing.(3-30-23)

03.Standard III - Student Support Services. The school must have clearly defined written policies that are readily available to students. Polices must address students rights and responsibilities, grievance procedures, and define what services are available to support students.(3-30-23)

a.The admission of students must be determined through an orderly process established in a written policy using published criteria which must be uniformly applied. Admissions decisions must take into account the capacity of the student to grasp and complete the instructional training program and the ability of the school to handle the unique needs of the students it accepts.(3-30-23)

b.There must be a clearly defined policy to re-evaluate students dismissed from the school and, if appropriate, to readmit them.(3-30-23)

c.The school must establish and adhere to a clear and fair policy regarding due process in disciplinary matters for all students, given to each student upon enrollment in the school. The school must provide the name and contact information for the individual who is responsible for dealing with student grievances and other complaints and for handling due process procedures.(3-30-23)

d.Prior to enrollment, all prospective students must receive the following information in writing:

i.Information describing the purpose, length, and objectives of the courses or courses of study;

ii.Completion requirements for the courses or courses of study;(3-30-23)

iii.The schedule of tuition, fees, and all other charges and all expenses necessary for completion of the courses or courses of study;(3-30-23)

iv.Cancellation and refund policies;(3-30-23)

v.An explanation of satisfactory progress, including an explanation of the grading/assessment system;(3-30-23)

vi.The calendar of study including registration dates, beginning and ending dates for all courses, and holidays;(3-30-23)

vii.A complete list of instructors and their qualifications;(3-30-23) viii.A listing of available student services; and(3-30-23)

e.Accurate and secure records must be kept for all aspects of the student record including, at minimum, admissions information, and the courses each student completed.(3-30-23)

04.Standard IV - Faculty/Instructor Qualifications and Compensation.(3-30-23)

a.Instructor qualifications (training and experience) must be recorded and available to students.

b.There must be a sufficient number of full-time instructors to maintain the continuity and stability of courses.(3-30-23)

c.The ratio of instructors to students in each course must be sufficient to assure effective instruction.

d.Commissions may not be used for any portion of the faculty compensation.(3-30-23)

e.Procedures for evaluating instructors must be established. Provisions for student evaluation are recommended.(3-30-23)

05.Standard V - Resources, Finance, Facilities, and Instructional Resources.(3-30-23)

a.Adequate financial resources must be provided to accomplish instructional objectives and to effectively support the instructional program, including classroom and training facilities, instructional materials, supplies and equipment, instructors, staff, library, and the physical and instructional technology infrastructure.

b.The school must have sufficient instructional resource materials so that, together with tuition and fees, it is able to complete its educational obligations to currently enrolled students. If the school is unable to fulfill its obligations to students, the school must make arrangements for a comparable teach-out opportunity with another proprietary school or refund one hundred (100) percent of prepaid tuition.(3-30-23)

c.School financial/business records and reports must be kept separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports at a school shall be kept in accordance recognized financial accounting methods.(3-30-23)

d.The school must have adequate instructional resource materials available to students, either on site or through electronic means. These materials must be housed in a designated area and be available for students and instructors with sufficient regularity and at appropriate hours to support achievement of course objectives or to promote effective teaching.(3-30-23)

e.If the school relies on other schools or entities to provide library resources or instructional resources, the school must demonstrate how these arrangements effectively meet the needs of students and faculty.

These arrangements must be documented through written agreements. Student and faculty use must be documented and frequently evaluated to ensure quality services are being provided.(3-30-23)

IDAPA 08.01.11.302 Additional Requirements

01.Agent’s Certificate of Identification.

Each proprietary school shall ensure that its agents have a valid certificate of identification, and that all of its agents are in compliance with Section 33-2404, Idaho Code. The school shall complete a criminal history check that includes, at a minimum, the State Bureau of Identification, and statewide sex offender registry for each agent having unsupervised contact with minors in the minor’s home or at secondary schools, prior to making application for the agent’s certificate of identification. The criminal history check shall be valid for five (5) years and be kept on file by the school. When an employee returns to any proprietary school after a break in service of six (6) months or more a new criminal history check must be obtained. When an employee changes employment between proprietary schools, a new criminal history check must be obtained by the new employer.(3-30-23)

a.The Board shall revoke any agent’s certificate of identification issued or authorized under this Section and shall deny the application for issuance of a new certificate of identification of a person who pleads guilty to, or is found guilty of, notwithstanding the form of the judgment or withheld judgment, any of the following felony offenses against a child:(3-30-23)

i.The aggravated assault of a child, Section 18-905, Idaho Code, or the assault with intent to commit a serious felony against a child, Section 18-909, Idaho Code.(3-30-23)

ii.The aggravated battery of a child, Section 18-907, Idaho Code, or the battery with intent to commit a serious felony against a child, Section 18-911, Idaho Code.(3-30-23)

iii.The injury or death of a child, Section 18-1501, Idaho Code.(3-30-23)

iv.The sexual abuse of a child under sixteen (16) years of age, Section 18-1506, Idaho Code.

v.The ritualized abuse of a child under eighteen (18) years of age, Section 18-1506A, Idaho Code.

vi.The sexual exploitation of a child, Section 18-1507, Idaho Code.(3-30-23)

vii.Possession of photographic representations of sexual conduct involving a child, Section 18-1507A, viii.Lewd conduct with a child under the age of sixteen (16) years, Section 18-1508, Idaho Code.

ix.The sexual battery of a minor child sixteen (16) or seventeen (17) years of age, Section 18-1508A,

x.The sale or barter of a child for adoption or other purposes, Section 18-1511, Idaho Code.

xi.The murder of a child, Section 18-4003, Idaho Code, or the voluntary manslaughter of a child, Section 18-4006 1., Idaho Code.(3-30-23)

xii.The kidnapping of a child, Section 18-4502, Idaho Code.(3-30-23) xiii.The importation or exportation of a juvenile for immoral purposes, Section 18-5601, Idaho Code.

xiv.The abduction of a person under eighteen (18) years of age for prostitution, Section 18-5610, Idaho Code.(3-30-23)

xv.The rape of a child, Section 18-6101 or 18-6108, Idaho Code.(3-30-23)

b.The general classes of felonies listed in Section 302 shall include equivalent laws of federal or other state jurisdictions. For the purpose of Subsection 302.07, “child” means a minor or juvenile as defined by the applicable state or federal law.(3-30-23)

02.Surety Bond. Each proprietary school shall comply with the provisions in Section 33-2406, Idaho Code, relating to a surety bond.(3-30-23)

a.The amount of the surety bond shall be not less than the total tuition and fees to be collected by the school from its students, currently engaged in instructional activities, that covers the period from the beginning through completion of the course of instruction the student has contracted and paid for. This amount shall be based upon the projected tuition and fee revenue for the coming registration year, subject to modification in the event a school experiences significant changes in tuition and fee revenue during the current year. The Executive Director shall determine the appropriate format and method by which this bond value is to be calculated and reported.

b.Schools must keep a valid bond in force, via periodic renewal as needed, throughout the entire registration year with no lapse in coverage. Schools shall ensure that all bonds include “extended coverage” clauses to remain in effect for one hundred twenty (120) days after the date of a school’s closure.(3-30-23)

c.No party to the surety bond may cancel without one hundred twenty (120) day prior notice to all parties, including the Office of the State Board of Education.(3-30-23)

d.The Board shall be the beneficiary of the bond and shall oversee the distribution of funds to students who file claims. Schools shall provide proof of the required bond and submit said documentation with their registration applications.(3-30-23)

IDAPA 08.01.11.303 (Reserved)

IDAPA 08.01.11.400 Enforcement

The Board, acting by and through its Executive Director may initi ate on its own initiative any investigation relating to a violation of the state laws or rules relating to the requirement that an institution or school register with the Board pursuant to Title 33, Chapter 24, Idaho Code.(3-30-23)

IDAPA 08.01.11.401 (Reserved)

IDAPA 08.01.11.500 Complaints

A complaint concerning an institution or school operating i n the State of Idaho (maintaining an Idaho presence) that pertains to a matter described herein shall be reviewed and acted upon as appropriate in accordance with the specific procedures described below:(3-30-23)

01.Violations of State Consumer Protection Laws. A complaint alleging a violation of Idaho consumer protection laws shall be instituted, reviewed, and acted upon in accordance with IDAPA 04.02.01, “Idaho Rules of Consumer Protection, Office of the Attorney General.”(3-30-23)

2. Violations of State Laws or Rules Related to the Registration of Postsecondary Educational Institutions and Proprietary Schools. A complaint alleging violations of state laws or rules related to the requirement that an institution or school register with the Board shall be submitted in writing to the Board’s Executive Director for investigation and appropriate enforcement action, including the remedies specified in Section 33-2408,

03.Complaints Related to Quality of Education, or Other Matters.(3-30-23)

a.A complaint relating to the quality of education provided by an institution or school or accreditation matters, or any other matter related to the operations or practices of an institution or school other than a state consumer protection matter, shall be submitted on a form provided by the Board to the Executive Director for review and appropriate action.(3-30-23)

b.If after initial review the Executive Director determines that the complaint relates to the quality of education or accreditation matters, the Executive Director may refer the matter to the accreditation organization of the institution or school at issue for review and recommendation. If a matter referred to an accreditation organization results in resolution of the complaint to the satisfaction of the complainant, then the matter shall be considered resolved and there shall be no further action on the matter. If the matter is not successfully resolved, then the Executive Director will review the recommendation of the accreditation organization and follow the procedures for investigations of complaints described in Subsection 500.03.c. of these rules.(3-30-23)

c.If the complaint pertains to any other matter related to the operations or practices of an institution or school, other than a state consumer protection matter, then the Executive Director will review the complaint to determine whether such complaint falls within the regulatory authority of the Board. If it does not, then Board office will notify the complainant in writing of such determination, and may offer referral of such matter to an appropriate agency or entity. If after initial review the Executive Director determines that the complaint falls within the regulatory authority of the Board, then Board staff will notify both the complainant and the respondent institution or school of the complaint resolution process to be utilized and applicable timelines. The review and investigation of a complaint shall occur as expeditiously as possible. The parties may be asked to respond in writing to the complaint, to submit to interviews, and to provide additional records, documents, statements, or other collateral information as necessary.

Any request by the investigator for additional information related to such complaint must be provided promptly. The Board’s investigator will review the materials submitted by all parties and at the conclusion of the investigation prepare a summary of the allegations , the investigator’s findings, and a recommendation for disposition to the Executive Director. If the Executive Director determines that the facts indicate a probable violation of law or rule over which the Board has regulatory authority, then the Executive Director shall issue a written decision on the disposition of such complaint. Within thirty (30) days after a decision is issued a party aggrieved by such decision may file with the Executive Director a request for a hearing. The provisions of the Idaho Administrative Procedure Act, Chapter 52, Title 67, Idaho Code, shall apply to such hearing and to judicial review of such decision. (3-30-23)

d.If the Board office receives a complaint relating to an institution or school that is exempt from registration under Idaho law or these rules, and such institution or school has not elected to voluntarily register, then such institution or school shall be responsible for reimbursing the Board office for the actual costs incurred to process and act on such complaint.(3-30-23)

IDAPA 08.01.11.501 (Reserved)

08.01.13 Rules Governing the Opportunity Scholarship Program

IDAPA 08.01.13.000 Legal Authority

Sections 33-105 and 33-4303, Idaho Code.(7-1-24)

IDAPA 08.01.13.001 Scope

These rules constitute the requirements for the Opportunity Scholarship Program.(4-6-23)

IDAPA 08.01.13.002 (Reserved)

IDAPA 08.01.13.010 Definitions

01.Adult Learner. An individual who: (4-6-23)

a.Is not currently enrolled in a postsecondary institution accredited by a body recognized by the State Board of Education;(4-6-23)

b.Has not attended more than two (2) courses at a postsecondary institution at any time during the twenty-four (24) month period immediately prior to application for the Opportunity Scholarship; and (4-6-23)

c.Has earned twenty-four (24) or more transferable credits from a postsecondary institution accredited by a body recognized by the State Board of Education.(4-6-23)

02.Grade Point Average (GPA). The average grade earned by a student, figured by dividing the grade points earned by the number of credits attempted.(4-6-23)

03.Graduation Plan. A plan developed by the postsecondary student in consultation with the postsecondary institution that identifies the certificate or degree the student is pursuing, the course and credit requirements necessary for earning the certificate or degree, the application of previously earned credits and credits granted through prior learning assessments, the estimated number of terms remaining to complete the certificate or degree and the proposed courses to be taken during each term.(4-6-23)

IDAPA 08.01.13.011 (Reserved)

IDAPA 08.01.13.101 Eligibility

01.Academic Eligibility. T o be eligible for an opportunity scholarship, an applicant must meet minimum academic eligibility criteria, as follows:(4-6-23)

a.A student who has not yet graduated from an eligible secondary school or its equivalent in the state of Idaho must have an unweighted minimum cumulative grade point of average of two point seven (2.7) or better on a scale of four point zero (4.0) to be eligible to apply for an opportunity scholarship. Cumulative grade point averages of more than one (1) decimal place shall be rounded to one (1) place. Home schooled students must provide a transcript of subjects taught and grades received signed by the parent or guardian of the student; or(4-6-23)

b.A student who has obtained a general equivalency diploma must have taken the ACT assessment and received a minimum composite score of twenty (20) or better, or the equivalent SAT assessment and received a one thousand ten (1,010) or better, to be academically eligible to apply for an opportunity scholarship; or(4-6-23)

c.A student currently enrolled in an eligible Idaho postsecondary educational institution must have a minimum cumulative grade point average of two point seven (2.7) or better on a scale of four point zero (4.0) at such institution in order to be academically eligible to apply for an opportunity scholarship. Cumulative grade point averages of more than one (1) decimal place shall be rounded to one (1) place.(4-6-23)

d.An Adult Learner must have a minimum cumulative grade point average of two point five (2.5) or higher on a scale of four point zero (4.0). Cumulative grade point averages of more than one (1) decimal place shall be rounded to one (1) decimal place.(4-6-23)

02.Financial Eligibility. The financial need of an applicant for an opportunity scholarship will be based upon the Student Aid Index, as identified by the free application for federal student aid (FAFSA) Submission Summary.(7-1-25)

03.Additional Eligibility Requirements.(4-6-23)

a.A student must not be in default on a student educational loan, or owe a repayment on a federal grant, and must be in good financial standing with the opportunity scholarship program.(4-6-23)

b.If a student has attempted or completed more than one hundred and twenty (120) postsecondary credits, then such student must identify a major, the required number of credits necessary for graduation in such major, and shall submit an academic transcript that contains all courses taken and all postsecondary credit received to the Board office. A student shall not be eligible for an opportunity scholarship if:(4-6-23)

i.The student has completed more than one hundred fifty percent (150%) of the courses and academic credit necessary to graduate in such major; or(4-6-23)

ii.Upon review of the student's academic transcript(s), the student cannot complete a degree/ certificate in the major identified within two (2) semesters based on normal academic course load unless a determination by the executive director or designee has been made that there are extenuating circumstances and the student has a plan approved by the executive director or designee outlining the courses that will be taken and the completion date of the degree or certificate.(4-6-23)

IDAPA 08.01.13.102 (Reserved)

IDAPA 08.01.13.202 Application Process

01.Applications.

An eligible student must complete and submit the opportunity scholarship program application to the Board electronically on or before the deadline set by the executive director each year. Adult Learner applications will be processed and awarded on a monthly basis up to the application deadline. An applicant without electronic capabilities may request a waiver of this requirement and, if granted, submit an application on the form established by the Board through the United States Postal Service that must be postmarked not later than the applicable application deadline. The FAFSA must be completed on or prior to the application deadline unless federal delays prohibit an applicant from completing the FAFSA prior to the deadline.(7-1-24)

02.Announcement of Award. Announcement of the award of initial scholarships will be made no later than June 1 of each year, with awards to be effective at the beginning of the first full term of the next fiscal year.

Announcements must clearly state the award is part of the state’s scholarship program and is funded through state appropriated funds. Additional award announcements may be made after this date based on the availability of funds.

(7-1-25)

03.Communication with State Officials. Applicants must respond by the date specified to any communication from officials of the opportunity scholarship program. Failure to respond within the time period specified will result in cancellation of the scholarship unless extenuating circumstances are involved and approved by the executive director or designee.(4-6-23)

IDAPA 08.01.13.203 (Reserved)

IDAPA 08.01.13.300 Selection of Scholarship Recipients

01.Selection Process. Sch olarship awards will be based on the availability of scholarship program funds. Opportunity scholarships will be awarded to applicants, based on ranking and priority, in accordance with the following criteria:(4-6-23)

a.Eligible students shall be selected based on ranking criteria that assigns seventy percent (70%) to financial eligibility, and thirty percent (30%) to academic eligibility. In the event that this weighted score results in a tie, an eligible student who submitted an application to the Board earlier in time will be assigned a higher rank.

b.Notwithstanding Subsection 300.01.a. of these rules, the priority for the selection of recipients of opportunity scholarship awards shall be to scholarship recipients who received an opportunity scholarship award during the previous fiscal year, and have met all of the continuing eligibility requirements provided in these rules.

02.Monetary Value of the Opportunity Scholarship.(4-6-23)

a.The monetary value of the opportunity scholarship award to a student shall be based on the educational costs for attending an eligible Idaho postsecondary educational institution, less the following:(4-6-23)

i.The amount of the assigned student responsibility, established by the Board annually;(4-6-23)

ii.The amount of federal grant aid, as identified by the FAFSA Submission Summary if known at the time of award determination;(7-1-24)

iii.The amount of other financial aid awarded the student, from private or other sources that is known at the time of award determination.(4-6-23)

iv.The eligible maximum award amount for Adult Learners enrolled in less than twenty-four (24) credit hours along with the requirements outlined in Subsection 302.01, or its equivalent in an academic year will be prorated as follows:(7-1-25)

(1)Enrolled in six (6) to eight (8) credits or its equivalent per term - fifty percent (50%) of the maximum;(4-6-23)

(2)Enrolled in nine (9) to eleven (11) credits or its equivalent per term - seventy-five percent (75%) of the maximum; and(4-6-23)

(3)Enrolled in twelve (12) or more credits or its equivalent per term - one hundred percent (100%) of the maximum.(4-6-23)

b.The amount of an opportunity scholarship award to an individual student shall not exceed the actual cost of tuition and fees at the institution the student attends or will attend, or if the student attends or will attend an Idaho private postsecondary educational institution, the average tuition at Idaho’s public four (4) year postsecondary educational institutions.(4-6-23)

c.The Board may determine monetary value without the FAFSA Submission Summary if the delay is due only to federal delay and may modify any final award or payment upon receipt of the FAFSA Submission Summary.(7-1-24)

IDAPA 08.01.13.301 Opportunity Scholarship Award

01.Payment. Paym ent of opportunity scholarship awards will be made in the name of the recipient and will be sent to a designated official at the eligible Idaho postsecondary educational institution in which the recipient is enrolled. The official must transmit the payment to the recipient within a reasonable time following receipt of the payment.(4-6-23)

02.Duration. Scholarships will be awarded on an annual basis and payments will correspond to academic terms, semesters, quarters, or equivalent units. In no instance will the entire amount of a scholarship be paid in advance to, or on behalf of, a scholarship recipient. The scholarship may cover up to four (4) educational years, or eight (8) semesters or equivalent for attendance at an eligible Idaho postsecondary educational institution. Awards are contingent on annual appropriations by the legislature and continued eligibility of the student.(4-6-23)

03.Eligibility. If a student receives an opportunity scholarship payment and it is later determined that the student did not meet all of the Opportunity Scholarship Program eligibility requirements, then the student is considered in overpayment status, and must return program funds in accordance with the eligible Idaho postsecondary educational institution’s refund policy.(4-6-23)

IDAPA 08.01.13.302 Continuing Eligibility

01.Requirements. For an eligible student that has previously received an opportunity scholarship award to renew such award for the next year, the eligible student shall maintain progress towards on-time degree completion so that such student is on schedule to obtain an associate degree within two (2) years or a baccalaureate degree within four (4) years from the time such student initially received an opportunity scholarship award. All students may use the summer term to meet the annual credit accumulation requirements.(7-1-25)

02.Renewal Application. In order to be considered for a continuing scholarship for each succeeding year, a scholarship recipient must complete a renewal application by March 1.(7-1-25)

03.Academic Progress. To remain eligible for renewal of an opportunity scholarship, the scholarship recipient must have maintained a minimum cumulative grade point average of two point seven (2.7) on a scale of four point zero (4.0), and must be maintaining satisfactory academic progress toward their identified postsecondary credential as determined by the institution they are enrolled in. Students receiving an Opportunity Scholarship award as an Adult Learner must make satisfactory progress on their graduation plan established with the eligible institution at the time of admission.(4-6-23)

04.Eligibility Following Interruption of Continuous Enrollment. A scholarship recipient whose continuous enrollment is interrupted for more than four (4) months but less than two (2) years for any reason but who intends to re-enroll in an eligible Idaho postsecondary educational institution must file a letter of intent to withdraw no later than thirty (30) days prior to the first day of the academic term of the discontinued attendance to the Office of the State Board of Education. Failure to do so may result in forfeiture of the scholarship. The Board’s Executive Director or designee will review each request for interruption and notify the individual of approval or denial of the request. In addition, the individual must file a statement with the Board declaring intent to re-enroll as a full-time undergraduate student in an academic or career technical program in an eligible Idaho postsecondary educational institution for the succeeding academic year no later than thirty (30) days prior to the first day of the academic term in which the individual intends to re-enroll within two (2) years of the approval of the request to withdraw. Failure to do so will result in forfeiture of the scholarship unless an extension has been granted. An extension of interruption of continuous enrollment period may be granted for eligible students due to military service in the United States armed forces, medical circumstances, or other circumstances approved by the executive director. All requests for extension must be made thirty (30) days prior to the start of the succeeding academic year.(4-6-23)

IDAPA 08.01.13.303 (Reserved)

IDAPA 08.01.13.400 Responsibilities of Eligible Idaho Postsecondary Educational

INSTITUTIONS.

01.Statements of Continuing Eli gibility. An eligible Idaho postsecondary educational institution participating in this Opportunity Scholarship Program must submit statements of continuing student eligibility to the Board by the 30th day after the end of the spring semester or equivalent term. Such statements must include verification that the scholarship recipient is still enrolled, is meeting the continued eligibility requirements as described in Section 302.01, and has not exceeded the award eligibility terms.(7-1-25)

02.Other Requirements. An eligible Idaho postsecondary educational institution must:(4-6-23)

a.Be eligible to participate in Federal Title IV financial aid programs, and must supply documentation to the Board verifying this eligibility, and prompt notification regarding any changes in this status;

b.Have the necessary administrative computing capability to administer the Opportunity Scholarship Program on its campus, and electronically report student data records to the Board;(4-6-23)

c.Provide data on student enrollment and federal, state, and private financial aid for students to the Board within set timelines, and(4-6-23)

d.Agree to permit periodic Opportunity Scholarship Program audits to verify compliance with Idaho law and these rules related to the program.(4-6-23)

03.Adult Learner Evaluation. Part of the adult learner evaluation process is that an eligible institution will work with the student to develop a graduation plan for the program they are entering that includes estimated completion dates.(7-1-25)

IDAPA 08.01.13.401 (Reserved)

IDAPA 08.01.13.501 Appeals

An opportunity scholarship applicant or recipient adversely af fected by a decision made under provisions of these rules may file a written appeal detailing the basis of the appeal within thirty (30) days following notice of the decision. Decisions based on specific requirements established in Idaho Code or these rules may not be appealed. The appeal must be submitted to the executive director of the Board. The office of the board shall acknowledge receipt of the appeal within seven (7) days. The executive director of the Board may or may not agree to review the action, or may appoint a subcommittee of three (3) persons to hear the appeal, including at least one (1) financial aid administrator at an eligible postsecondary educational institution in Idaho.(4-6-23)

01.Board Decision. The decision of the Board is final, binding, and ends all administrative remedies, unless otherwise specifically provided by the Board. The Board will inform the opportunity scholarship applicant or recipient in writing of the decision of the Board.(4-6-23)

IDAPA 08.01.13.502 (Reserved)

08.01.10 Idaho College Work Study Program

IDAPA 08.01.10.000 Legal Authority

The following rules are made under authority of Secti ons 33-105, 33-107, and 33-4402, Idaho Code.(3-31-22)

IDAPA 08.01.10.001 Scope

This rule establishes the administrative procedures necessary to implement a s tudent financial and educational aid program as called for by Chapter 44, Title 33, Idaho Code.(3-31-22)

IDAPA 08.01.10.002 (Reserved)

IDAPA 08.01.10.102 Allocation of Funds

Funds appropriated to the Office of the State Board of Education (Board) for the Idaho College Work Study Program shall be allocated to participating institutions based on enrollment data submitted by each institution on the Student Enrollment Form (PSR-1) for the fall semester prior to the previous fiscal year of participation that is based on the appropriation for that fiscal year multiplied by an enrollment factor. The enrollment factor shall be calculated by dividing the headcount of resident degree-seeking students at the participating institutions by the total headcount of resident degree-seeking students for all participating institutions.(3-31-22)

IDAPA 08.01.10.103 (Reserved)

IDAPA 08.01.10.104 Audit

Participating institutions shall agree in advance to submit to regular, periodic audits by the legislative auditor or the audi tor for the Board to ensure compliance with the statutes, rules, and policies governing the Idaho College Work Study Program, including provision of accurate enrollment information.(3-31-22)

IDAPA 08.01.10.105 Carryover Funds

Participating institutions may carry over up to ten percent (10%) of the work study program funds received in one (1) fiscal year to the next fiscal year, provided however, that any carryover funds shall be used exclusively in the work study program. Any unexpended funds in excess of the ten percent (10%) provided herein shall be returned to and redistributed by the Board.(3-31-22)

IDAPA 08.01.10.106 (Reserved)

08.02.03 Rules Governing Thoroughness

IDAPA 08.02.03.000 Legal Authority

Article IX, Section 2 of the Idaho Constitution and Sections 33 -116, 33-118, 33-1612, 33-1619, 33-5202A, and 33- 5206 Idaho Code.(8-5-26)T

IDAPA 08.02.03.001 Scope

These rules govern the thorough education of all public school students in Idaho.(3-15-22)

IDAPA 08.02.03.002 (Reserved)

IDAPA 08.02.03.004 Incorporation by Reference

The following documents are incorporated in to this rule:(3-15-22)

01.The Idaho Content Standards. The Idaho Content Standards as adopted by the State Board of Education. Individual subject content standards are adopted in various years in relation to the curricular materials adoption schedule. Copies of the document can be found on the State Board of Education website at https:// boardofed.idaho.gov/board-policies-rules/board-rules/documents-incorporated-by-reference-or-rule/.(3-15-22)

a.Arts and Humanities Categories:(3-15-22)

i.Dance, as revised and adopted on June 12, 2024;(7-1-25)

ii.Interdisciplinary Humanities, as revised and adopted on June 12, 2024;(7-1-25)

iii.Media Arts, as adopted on June 12, 2024.(7-1-25)

iv.Music, as revised and adopted on June 12, 2024;(7-1-25)

v.Theater, as revised and adopted on June 12, 2024;(7-1-25)

vi.Visual Arts, as revised and adopted on June 12, 2024;(7-1-25)

vii.World languages, as revised and adopted on June 12, 2024.(7-1-25)

b.Computer Science, adopted on June 12, 2024.(7-1-25)

c.Driver Education, as revised and adopted on June 12, 2024.(7-1-25)

d.Health, as revised and adopted on August 24, 2022.(4-6-23)

e.Information and Communication Technology, as revised and adopted on June 12, 2024.(7-1-25)

f.Physical Education, as revised and adopted on August 24, 2022.(4-6-23)

g.Social Studies, as revised and adopted on November 20, 2025.(7-1-26)

h.College and Career Readiness Competencies adopted on June 15, 2017.(3-15-22)

02.The Idaho Standards for Infants, Toddlers, Children, and Youth Who Are Deaf or Hard of Hearing. As adopted by the State Board of Education on October 11, 2007. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documentsincorporated-by-reference-or-rule/.(3-15-22)

03.The Idaho Standards for Infants, Toddlers, Children, and Youth Who Are Blind or Visually Impaired. As adopted by the State Board of Education on October 11, 2007. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documentsincorporated-by-reference-or-rule/.(3-15-22)

04.The Idaho Special Education Manual. The Idaho Special Education Manual as adopted by the State Board of Education on November 20, 2025. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documents-incorporated-byreference-or-rule/.(7-1-26)

IDAPA 08.02.03.005 (Reserved)

IDAPA 08.02.03.007 Definitions

01.Achievement Standards.

Define “below basic,” “basic,” “proficient,” and “advanced” achievement levels on the Idaho Standards Achievement Tests (ISAT) and level one (1) through level six (6) on Idaho’s English language assessment by setting scale score cut points. These cut scores are set by the state board of education and paired with descriptions of how well students are mastering the material in the content standards.

These descriptions are called achievement level descriptors and are provided by achievement level, by content area, and by grade.(4-6-23)

02.Advanced Opportunities. Advanced placement courses, Dual Credit courses, microcredentials, or International Baccalaureate programs.(7-1-25)

03.Advanced Placement® (AP) - College Board. The Advanced Placement Program is administered by the College Board at http://www.collegeboard.com. AP students may take one (1) or more college level courses in a variety of subjects. AP courses are not tied to a specific college curriculum, but rather follow national College Board curricula. While taking the AP exam is optional, students can earn college credit by scoring well on the national exams. It is up to the discretion of the receiving college to accept the scores from the AP exams to award college credit or advanced standing.(3-15-22)

04.All Students. All public school students, grades K-12.(3-15-22)

05.Applied Science. Applying scientific knowledge to practical problems or situations.(7-1-25)

06.Assessment. The process of quantifying, describing, or gathering information about skills, knowledge or performance.(3-15-22)

07.Assessment Standards. Statements setting forth guidelines for evaluating student work, as in the “Standards for the Assessment of Reading and Writing.”(3-15-22)

08.Career Pathway Plan. The plan that outlines a student’s program of study, which should include a rigorous academic core and a related sequence of electives in academic, career technical education (CTE), or humanities aligned with the student’s post-graduation goals.(3-15-22)

09.Career Technical Education. Formal preparation for semi-skilled, skilled, technical, or paraprofessional occupations, usually below the baccalaureate level.(3-15-22)

10.College and Career Readiness. College and career readiness is the attainment and demonstration of state board adopted competencies that broadly prepare high school graduates for a successful transition into some form of postsecondary education and/or the workplace.(3-15-22)

11.Content Standards. Describe the knowledge, concepts, and skills that students are expected to acquire at each grade level in each content area.(3-15-22)

12.Criteria. Guidelines, rules or principles by which student responses, products, or performances, are judged. What is valued and expected in the student performance, when written down and used in assessment, become rubrics or scoring guides.(3-15-22)

13.Diploma. A document awarded to a student by a secondary school to show the student has success fully completed the state and local education agency graduation requirements. Diplomas may be awarded to individuals who attended a secondary school prior to the year in which the student is requesting issuance of a diploma based on the graduation requirements in existence at the time the student attended. Determination of meeting past graduation requirements may be determined based on proficiency as determined by the local education agency. Each local education agency may determine the format of the diploma, including the recognition of emphasis areas based on a student’s completion of courses or courses or studies in an emphasis area or educational pathways, including but not limited to science, technology, engineering and math (STEM), career technical education, or arts and music.

14.Dual Credit. Means credit awarded to a student on his or her secondary and postsecondary transcript for the completion of a single course.(7-1-25)

15.Idaho Standards Achievement Tests. Statewide assessments aligned to the state content standards and used to measure a student’s knowledge of the applicable content standards.(3-15-22)

16.International Baccalaureate (IB). Administered by the International Baccalaureate Organization, the IB program provides a comprehensive liberal arts course of study for students in their junior and senior years of high school. IB students take end-of-course exams that may qualify for college credit. Successful completion of the full course of study leads to an IB diploma.(3-15-22)

17.Localized Pathway. A framework of locally provided offerings that identifies core and elective credits, assessments, and other opportunities aligned to post-secondary goals. Local Education Agencies determine their own framework and students may select offerings aligned with localized pathways.(7-1-25)

18.Portfolio. A digital or physical collection of materials that documents and demonstrates a student’s learning.(7-1-25)

19.Project Based Learning. A hands-on approach to learning that encourages students to create/ interpret/communicate an original work or project and assesses quality and success of learning through performance/ presentation/production of that work or project.(3-15-22)

20.Proficiency. Having or demonstrating a high degree of knowledge or skill in a particular area.

21.Standards. Statements about what is valued in a given field, such as English language arts, and/or descriptions of what is considered quality work. See content standards, assessment standards, and achievement standards.(3-15-22)

22.Technology Education. A curriculum for elementary, middle, and senior high schools that integrates learning about technology (e.g., transportation, materials, communication, manufacturing, power and energy, and biotechnology) with problem-solving projects that require students to work in teams. Many technology education classrooms and laboratories are well equipped with computers, basic hand tools, simple robots, electronic devises, and other resources found in most communities today.(3-15-22)

23.Unique Student Identifier. A number issued and assigned by the Board or designee to each student currently enrolled or who will be enrolled in an Idaho local education agency to obtain data.(3-15-22)

24.Work-Based Learning. Structured learning experiences that connect classroom learning to the workplace. Work-based learning can include technical, academic and employability skills gained in a simulated or real work environment.(7-1-25)

IDAPA 08.02.03.008 (Reserved)

IDAPA 08.02.03.102 Instructional Requirements

01.Instruction and Programs.

All schools will deliver a core of instruction and advisement programs (see Section 108, Guidance Programs) for each student in elementary schools, middle schools/junior high and high schools.(3-15-22)

02.Standards. All students will meet standards established locally (at a minimum, the standards of the state) through rigorous accountability, which includes challenging examinations, demonstrations of achievement, and other appropriate tests and measures.(3-15-22)

IDAPA 08.02.03.103 Instruction Grades 1-12

01.Instruction. Instru ction is inclusive of subject matter, content and course offerings. Patterns of instructional organization are a local school district option. Schools will assure students meet locally developed standards with the state standards as a minimum. This includes special instruction that allows limited English proficient students to participate successfully in all aspects of the school’s curriculum and keep up with other students in the regular education program. It also includes special learning opportunities for accelerated, learning disabled students and students with other disabilities.(3-15-22)

02.Instructional Courses. At appropriate grade levels, instruction will include but not be limited to the following:(3-15-22)

a.Language Arts and Communication will include instruction in reading, writing, English, literature, technological applications, spelling, speech and listening, and, in elementary schools, cursive writing.(3-15-22)

b.Mathematics will include instruction in addition, subtraction, multiplication, division, percentages, mathematical reasoning and probability.(3-15-22)

c.Science will include instruction in applied sciences, earth and space sciences, physical sciences, life sciences, and computer science.(3-15-22)

d.Social Studies will include instruction in history, government, geography, economics, current world affairs, citizenship, and sociology.(3-15-22)

IDAPA 08.02.03.104 Other Required Instruction

Other required instruction for all students and other required offerings of the school are:(3-15-22) 01.

Elementary Schools.(3-15-22)

a.The following section outlines other information required for all elementary students, as well as other required offerings of the school:

Fine Arts (art and music)

Health (wellness)

Physical Education (fitness)

Computational thinking and digital literacy(4-6-23)

b.Additional instructional options as determined by the local school district. For example:

Languages other than English Career Awareness(3-15-22)

02.Middle Schools/Junior High Schools.(3-15-22)

a.No later than the end of Grade eight (8) each student shall develop parent-approved student career pathway plans for their high school and post-high school options. The career pathway plan shall be developed by students with the assistance of parents or guardians, and with advice and recommendation from school personnel. It shall be reviewed annually and may be revised at any time. The purpose of a parent-approved student career pathway plan is to outline a course of study and learning activities for students to become contributing members of society. A student career pathway plan describes, at a minimum, the list of courses and learning activities in which the student will engage while working toward meeting the state and school district’s or LEA’s graduation standards in preparation for postsecondary goals. The school district or LEA will have met its obligation for parental involvement if it makes a good faith effort to notify the parent or guardian of the responsibility for the development and approval of the career pathway plan. A career pathway plan will not be required if the parent or guardian requests, in writing, that no career pathway plan be developed.(3-15-22)

b.A student must have met the grade eight (8) mathematics standards before the student will be permitted to enter grade nine (9).(3-15-22)

c.Other required instruction for all middle school students:

Career exploration Health (wellness)

Physical Education (fitness)

Computational thinking and digital literacy(4-6-23)

d.Other required offerings of the school:

Fine and Performing Arts Career Technical Education Advisory Period (middle school only, encouraged in junior high school)(3-15-22)

03.High Schools.(3-15-22)

a.High schools must offer a wide variety of courses to satisfy state and local graduation requirements.

High schools are required to provide instructional offerings in Physical Education (fitness) and Career Technical Education and the instruction necessary to assure students are college and career ready at the time of graduation.

b.High schools will annually review and update with the student the student career pathway plans specified in Subsection 104.02.a.(3-15-22)

IDAPA 08.02.03.105 High School Graduation Requirements

A student must meet all of the requ irements identified in this section before the student will be eligible to graduate from an Idaho high school. The local school district or LEA may establish graduation requirements beyond the state minimum.(3-15-22)

01.Credit Requirements. The State minimum graduation requirement for all Idaho public high schools is forty-six (46) credits and must include twenty-nine (29) credits in core subjects as identified in Paragraphs 105.01.c. through 105.01.h.(3-15-22)

a.Credits. One (1) credit shall equal sixty (60) hours of total instruction. School districts or LEA’s may request a waiver from this provision by submitting a letter to the State Department of Education for approval, signed by the superintendent and chair of the board of trustees of the district or LEA. The waiver request shall provide information and documentation that substantiates the school district or LEA’s reason for not requiring sixty (60) hours of total instruction per credit.(3-15-22)

b.Mastery. Students must demonstrate mastery of Idaho Content Standards in a format provided by the LEA. Notwithstanding the credit definition of Subsection 105.01.a., a student may also achieve credits by demonstrating mastery of a subject’s content standards as defined and approved by the LEA.(7-1-25)

c.Credit Flexibility. The State Department of Education will support LEAs in the development of crosswalks and templates to assist in awarding credit for learning opportunities in ways that meet course requirements for high school graduation.(7-1-25)

d.Secondary Language Arts and Communication. Nine (9) credits are required. Eight (8) credits of instruction in Language Arts. Each year of Language Arts shall consist of language study, composition, and literature and be aligned to the Idaho Content Standards for the appropriate grade level. One (1) credit of instruction in communications consisting of oral communication and technological applications, that includes a course in speech, a course in debate, or a sequence of instructional activities that meet the Idaho Speech Content Standards requirements.

e.Mathematics. Six (6) credits are required. Secondary mathematics includes Integrated Mathematics, Applied Mathematics, Business Mathematics, Algebra, Geometry, Trigonometry, Fundamentals of Calculus, Probability and Statistics, Discrete Mathematics, and courses in mathematical problem solving and quantitative reasoning including mathematics taken through career technical education programs. Engineering courses and computer science courses aligned to the state standards for grades nine (9) through (12), may be counted as a mathematics credit. Students who choose to take computer science or engineering courses may not concurrently count such courses as both a mathematics and science credit for the same course.(7-1-25)

i.Students must complete secondary mathematics in the following areas:(3-15-22)

(1)Two (2) credits of Algebra I, Algebra I level equivalent Integrated Mathematics or courses that meet the High School Algebra Content Standards;(3-15-22)

(2)Two (2) credits of Geometry, Geometry level equivalent Integrated Mathematics, or courses that meet the Idaho High School Geometry Content Standards; and(3-15-22)

(3)Two (2) credits of mathematics of the student’s choice.(3-15-22)

f.Science. Six (6) credits are required. Four (4) credits are required from at least two (2) of the four (4) content areas: physics, chemistry, earth and space, or life science. An additional two (2) credits in secondary sciences may include instruction in applied sciences, physics, chemistry, earth and space sciences, life sciences, engineering, or computer science. Students who choose to take computer science or engineering courses may not concurrently count such courses as both a mathematics and science credit for the same course.(7-1-25)

g.Social Studies. Five (5) credits are required, including government (two (2) credits), United States history (two (2) credits), and economics and financial literacy (one (1) credit). Courses such as geography, sociology, psychology, and world history may be offered as electives, but are not to be counted as a social studies requirement.

h.Fine Arts or World Languages. Two (2) credits are required. Courses include instruction in visual arts, music, theatre, dance, or world languages aligned to the Idaho content standards for those subjects. Other courses such as literature, history, philosophy, architecture, or comparative world religions may satisfy the humanities standards if the course is aligned to the Interdisciplinary Humanities Content Standards.(7-1-25)

i.Health/Wellness. One (1) credit is required. Course must be aligned to the Idaho Health Content Standards. Each student shall receive a minimum of one (1) training on psychomotor cardiopulmonary resuscitation (CPR) training as outlined in the American Heart Association (AHA) Guidelines for CPR to include the proper utilization of an automatic external defibrillator (AED) as part of the Health/Wellness course.(7-1-25)

j.Digital Literacy. One (1) credit is required. The course must include instruction that aligns with Idaho Content Standards associated with leveraging technology, digital citizenship, and computational thinking which are imbedded in the Information and Communication Technology Content Standards, and with leveraging the impacts of computing, algorithms, and programming, which are embedded in the Computer Science Standards. This req uirement will apply to any student graduating after January 1, 2028.(7-1-25)

02.Content Standards. Each student shall meet locally established subject area standards (using state content standards as minimum requirements) demonstrated through various measures of accountability including examinations or other measures.(3-15-22)

03.Senior Project. The senior project is a culminating project to show a student’s ability to analyze, synthesize, and evaluate information and communicate that knowledge and understanding. A student must complete a senior project by the end of grade twelve (12). Senior projects may be multi-year projects, group or individual projects, or approved pre-internship or school to work internship programs, at the discretion of the school district or charter school. The project must include elements of research, development of a thesis using experiential learning or integrated project based learning experiences and presentation of the project outcome. Additional requirements for a senior project are at the discretion of the local school district or LEA. Completion of a postsecondary certificate or degree at the time of high school graduation or an approved pre-internship or internship program may be used to meet this requirement. The senior project will last apply for the class of 2027, unless an LEA opts to early implement the future readiness project.(7-1-25)

04.Future Readiness Project. The future readiness project is a culminating project that demonstrates a student's application of college and career competencies and exploration of potential post high school options. All students beginning with the class of 2028 must complete a future readiness project by the end of grade twelve (12).

The project must include an experiential component, such as a work-based, service-based, research-based, or portfolio-based component in which a student demonstrates the acquisition of Idaho college and career competencies.

Experiences including, but not limited to apprenticeships, internships, volunteer work and extracurricular activities related to real-world skills acquisition will count toward this requirement. LEAs must determine how students will demonstrate the acquisition of college and career competencies and may require additional components. The State Department of Education will provide templates for LEAs and oversee the implementation of this provision. (7-1-25)

05.Localized Pathways. In order to assist students in structuring their secondary course selection electives, assessment, and supplemental activities, all LEAs shall develop and post publicly two or more localized pathways. Localized pathways are designed to inform students and parents/guardians of local opportunities aligned with post-secondary goals as identified in the student’s career pathway plan. The State Department of Education shall support the implementation of this provision. This provision must be implemented by all LEAs no later than June 30, 2026.(7-1-25)

06.Civics and Government Proficiency. Pursuant to Section 33-1602, Idaho Code, each LEA may establish an alternate path for determining if a student has met the state civics and government content standards.

Alternate paths are open to all students in grades seven (7) through twelve (12.) Any student who has been determined proficient in the state civics and government content standards either through the completion of the civics test or an alternate path shall have it noted on the student’s high school transcript.(3-15-22)

07.Physical Education. Students participating in one (1) season in any sport recognized by the Idaho High School Activities Association or club sport recognized by the local school district, or eighteen (18) weeks of a sport recognized by the local school district may choose to substitute participation up to one (1) credit of physical education. Students must show mastery of the Physical Education Content Standards in a format provided by the LEA.(7-1-25)

08.Middle School. A student will have met the high school content and credit area requirement for any high school course if the requirements outlined in Subsections 105.08.a. through 105.08.c. of this rule are met.

(7-1-25)

a.The student completes such course with a grade of C or higher before entering grade nine (9);

b.The course meets the same content standards that are required in high school for the same course; and(3-15-22)

c.The course is taught by a teacher properly certified to teach high school content and who meets the federal definition of highly qualified for the course being taught.(3-15-22)

d.The student shall be given a grade for the successful completion of that course and such grade and the number of credit hours assigned to the course will be transferred to the student's high school transcript.

Notwithstanding this requirement, the student's parent or guardian shall be notified in advance when credits are going to be transcribed and may elect to not have the credits and grade transferred to the student's high school transcript.

Courses taken in middle school appearing in the student's high school transcript, pursuant to this subsection, shall count for the purpose of high school graduation. However, the student must complete the required number of credits in all high school core subjects as identified in Subsections 105.01.d. through 105.01.i. except as provided in 105.01.e.i. The transcribing high school is required to verify the course meets the requirements specified in Subsections 105.08.a. through 105.08.c. of this rule.(7-1-25)

09.Special Education Students. A student who is eligible for special education services under the Individuals With Disabilities Education Improvement Act may, with the assistance of the student’s Individualized Education Program (IEP) team, meet the graduation requirements through to the current Idaho Special Education Manual specifications.(3-15-22)

10.Foreign Exchange Students. A foreign exchange student may be eligible for graduation by completing a comparable program as approved by the LEA.(3-15-22)

IDAPA 08.02.03.106 Advanced Opportunities

01.Advanced Opportuni ties Requirement. All high schools in Idaho shall be required to provide Advanced Opportunities, or provide opportunities for students to take courses at the postsecondary campus.

02.Advanced Opportunities Early Graduation Scholarship Funding.(3-15-22)

a.Scholarship Calculation.(3-15-22)

i.The statewide average daily attendance-driven funding per enrolled pupil shall be calculated by adding the previous fiscal year’s statewide distributions for salary-based apportionment, benefit apportionment and discretionary funds, and dividing the total by the previous year’s statewide public school enrollment for all grades.

ii.The statewide average daily attendance-driven funding per enrolled pupil shall be recalculated each fiscal year. (3-15-22)

iii.All benefits paid for scholarships and to public schools shall be based on the statewide average daily attendance-driven funding per enrolled pupil figure for the fiscal year in which the benefit is paid.(3-15-22)

b.Payments to Idaho Colleges and Universities.(3-15-22)

i.Annual scholarship payments will be made in one (1) installment during the first semester in which the student is enrolled, regardless of the number of years early the student graduated. Proof of enrollment in an Idaho public college or university must be obtained before any scholarship payment is made.(3-15-22)

ii.The State Department of Education will be responsible for making payments to the Idaho public colleges and universities attended by eligible students. The payments must be made no later than August 30 for the fall semester and January 30 for the spring semester.(3-15-22)

c.Payments to Public Schools.(3-15-22)

i.Public schools shall report to the State Department of Education, no later than June 15 of each school year, students who have graduated early.(3-15-22)

ii.The State Department of Education will make a single annual payment to public schools no later than October 1 of each year for all early graduates who are not attending the public school that school year as a result of early graduation.(3-15-22)

IDAPA 08.02.03.107 Middle Level Credit System

A school district or LEA must implement a credit system no later than grade seven (7) that includes components that address the credit requirements, credit recovery, alternate mechanisms and attendance. The LEA may establish credit requirements beyond the state minimum.(3-15-22)

01.Credit Requirements. Each LEA credit system shall require a student to attain a portion of the total credits attempted in each area in which credits are attempted except for areas in which instruction is less than a school year before the student will be eligible for promotion to the next grade level.(3-15-22)

02.Credit Recovery. A student who does not meet the minimum requirements of the credit system shall be given an opportunity to recover credits or complete an alternate mechanism in order to become eligible for promotion to next grade level.(3-15-22)

03.Alternate Mechanism. An LEA may establish an alternate mechanism to determine eligibility for grade level promotion. The alternate mechanism shall require a student to demonstrate proficiency of the appropriate content standards. All locally established mechanisms used to demonstrate proficiency will be forwarded to the State Department of Education. Alternate mechanisms must be re-submitted to the Department when changes are made to the mechanism.(3-15-22)

04.Attendance. Attendance shall be an element included in the credit system, alternate mechanism or both.(3-15-22)

05.Special Education Students. The Individualized Education Program (IEP) team for a student who is eligible for special education services under the Individuals with Disabilities Education Improvement Act may, establish alternate requirements or accommodations to credit requirements as are deemed necessary for the student to become eligible for promotion to the next grade level.(3-15-22)

06.Limited English Proficient (LEP) Students. The Educational Learning Plan (ELP) team for LEP students, as defined in Subsection 112.05.g.iv., may establish alternate requirements or accommodations to credit requirements as deemed necessary for the student to become eligible for promotion to the next grade level. (3-15-22)

IDAPA 08.02.03.108 College and Career Advising Guidance Programs

In each Idaho school, a comprehensive advising program will be provided as an integral part of the educational program. A comprehensive guidance and counseling program includes these elements:(3-15-22)

01.Guidance. A guidance curriculum that identifies knowledge and skills to be attained by all students at various stages of their development and provides appropriate activities for their achievement.(3-15-22)

02.Individual Planning. Individualized planning with students and their parents in each of these domains: personal/social development, educational development, and career development.(3-15-22)

03.Response Services of Counseling, Consultation, and Referral.(3-15-22)

04.System Support Functions That Promote Effective Delivery of Guidance Services. (3-15-22)

IDAPA 08.02.03.109 (Reserved)

IDAPA 08.02.03.110 Alternative Secondary Programs

Alternative instructional programs are those that provide special instructional courses and offer special services to eligible at-risk youth to enable them to earn a high school diploma. Designated differences must be established between the alternative school programs and the regular secondary school programs. Alternative secondary school programs will include course offerings, teacher/pupil ratios and evidence of teaching strategies that are clearly designed to serve at-risk youth, pursuant to Section 33-1001, Idaho Code.(4-6-23)

01.Instruction. Special instruction courses for at-risk youth enrolled in an alternative instructional program will include:(4-6-23)

a.Core academic content that meets or exceeds minimum state standards;(3-15-22)

b.A physical fitness and personal health component;(3-15-22)

c.Career and technical education component approved by the state division of career technical education;(3-15-22)

d.A personal finance, parenting, and child care component; and(3-15-22)

e.A personal and career counseling component.(3-15-22)

02.Graduation Credit. Graduation credit may be earned in the following areas: academic subjects, electives, and approved work-based learning experiences. Nonacademic courses, i.e., classroom and office aides do not qualify for credit unless they are approved work-based learning experiences.(3-15-22)

03.Special Services. Special services for at-risk youth enrolled in alternative secondary programs include the following where appropriate:(3-15-22)

a.A day care center when enrollees are also parents. This center should be staffed by a qualified child care provider.(3-15-22)

b.Direct social services that may include officers of the court, social workers, counselors/ psychologists.(3-15-22)

c.All services in accordance with the student’s Individualized Education Program.(3-15-22)

IDAPA 08.02.03.111 Assessment in the Public Schools

01.Philosophy.

Acquiring the basic skills is essential to realization of full educational, vocational and personal/social development. Since Idaho schools are responsible for instruction in the basic scholastic skills, the State Board of Education has a vested interest in regularly surveying student skill acquisition as an index of the effectiveness of the educational program. This information can best be secured through objective assessment of student growth. The State Board of Education will provide oversight for all components of the comprehensive assessment program.(3-15-22)

02.Purposes. The purpose of assessment in the public schools is to:(3-15-22)

a.Measure and improve student achievement;(3-15-22)

b.Assist classroom teachers in designing lessons;(3-15-22)

c.Identify areas needing intervention and remediation, and acceleration;(3-15-22)

d.Assist school districts in evaluating local curriculum and instructional practices in order to make needed curriculum adjustments;(3-15-22)

e.Inform parents and guardians of their child’s progress;(3-15-22)

f.Provide comparative local, state and national data regarding the achievement of students in essential skill areas;(3-15-22)

g.Identify performance trends in student achievement across grade levels tested and student growth over time; and(3-15-22)

h.Help determine technical assistance/consultation priorities for the State Department of Education.

03.Content. The comprehensive assessment program will consist of multiple assessments, including, the Idaho Reading Indicator (IRI), the National Assessment of Educational Progress (NAEP), the Idaho English Language Assessment, the Idaho Standards Achievement Tests (ISAT), the Idaho Alternate Assessment, and a college entrance exam.(3-15-22)

04.Testing Population. All students in Idaho public schools, grades kindergarten through twelve (K- 12), are required to participate in the comprehensive assessment program approved by the State Board of Education and funded.(3-15-22)

a.All students who are eligible for special education shall participate in the statewide assessment program.(3-15-22)

b.Each student’s individualized education program team shall determine whether the student shall participate in the regular assessment without accommodations, the regular assessment with accommodations or adaptations, or whether the student qualifies for and shall participate in the alternate assessment.(3-15-22)

c.Limited English Proficient (LEP) students, as defined in Subsection 112.05.g.iv., may receive designated supports or accommodations, or both, for the ISAT assessment if need has been indicated by the LEP student's Educational Learning Plan (ELP) team. The team shall outline the designated supports or accommodations, or both, in an ELP prior to the assessment administration. Designated supports or accommodations, or both, shall be familiar to the student during previous instruction and for other assessments. LEP students who are enrolled in their first year of school in the United States may take Idaho’s English language assessment in lieu of the English language ISAT, but will still be required to take the ISAT (Mathematics and Science). Such LEP students will be counted as participants for the ninety-five percent (95%) participation target, as described in Subsection 112.05.e. However, such LEP students are not required to be counted for accountability purposes as described in Subsection 112.05.i.

05.Scoring and Report Formats. Scores will be provided for each subject area assessed and reported in standard scores, benchmark scores, or holistic scores. Test results will be presented in a class list report of student scores, building/district summaries, content area criterion reports by skill, disaggregated group reports, and pressure sensitive labels as appropriate. Information about the number of students who are eligible for special education who participate in regular and alternate assessments, and their performance results, shall be included in reports to the public if it is statistically sound to do so and would not disclose performance results identifiable to individual students.(3-15-22)

a.All students taking the Idaho Standards Achievement Test (ISAT) must have a unique student identifier.(3-15-22)

b.Districts must send all assessment results and related communication to parents within three (3) weeks of receipt from the state.(3-15-22)

06.Comprehensive Assessment Program. The State approved comprehensive assessment program is outlined in Subsections 111.06.a. through 111.06.n. Each assessment will be comprehensive of and aligned to the Idaho State Content Standards it is intended to assess. In addition, districts are responsible for writing and implementing assessments in those standards not assessed by the state assessment program.(3-15-22)

a.Kindergarten - Idaho Reading Indicator, Idaho Alternate Assessment, Idaho English Language

b.Grade 1 - Idaho Reading Indicator, Idaho Alternate Assessment, Idaho English Language

c.Grade 2 - Idaho Reading Indicator, Idaho Alternate Assessment, Idaho English Language

d.Grade 3 - Idaho Reading Indicator, Grade 3 Idaho Standards Achievement Tests in English language usage and mathematics, Idaho Alternate Assessment, Idaho English Language Assessment.(3-15-22)

e.Grade 4 - National Assessment of Educational Progress, Grade 4 Idaho Standards Achievement Tests in English language usage and mathematics, Idaho Alternate Assessment, Idaho English Language Assessment.

f.Grade 5 - Grade 5 Idaho Standards Achievement Tests in English language usage, mathematics, and science; Idaho Alternate Assessment; Idaho English Language Assessment.(3-15-22)

g.Grade 6 - Grade 6 Idaho Standards Achievement Tests in English language usage and mathematics, Idaho Alternate Assessment, Idaho English Language Assessment.(3-15-22)

h.Grade 7 - Grade 7 Idaho Standards Achievement Tests in English language usage and mathematics, Idaho Alternate Assessment, Idaho English Language Assessment.(3-15-22)

i.Grade 8 - National Assessment of Educational Progress; Grade 8 Idaho Standards Achievement Tests in English language usage, mathematics, and science; Idaho Alternate Assessment; Idaho English Language

j.Grade 9 - High School Idaho Standards Achievement Tests (optional at the discretion of the school district or charter school), Idaho Alternate Assessment, Idaho English Language Assessment.(3-15-22)

k.Grade 10 - High School Idaho Standards Achievement Tests (optional at the discretion of the school district or charter school), Idaho Alternate Assessment, Idaho English Language Assessment.(4-6-23)

l.Grade 11 - High School Idaho Standards Achievement Test in English language usage and mathematics, science, Idaho Alternate Assessment, Idaho English Language Assessment, and college entrance exam (optional at the discretion of the student’s parent).(4-6-23)

m.Grade 12 - National Assessment of Educational Progress, Idaho English Language Assessment, and college entrance exam (optional at the discretion of the student’s parent).(4-6-23)

07.Comprehensive Assessment Program Schedule.(3-15-22)

a.The Idaho Standards Achievement Tests will be administered in the Spring in a time period specified by the State Board of Education.(3-15-22)

b.The Idaho Alternate Assessment will be administered in a time period specified by the State Board of Education.(3-15-22)

c.Idaho’s English Language Assessment will be administered in a time period specified by the State Board of Education.(3-15-22)

08.Achievement Standards. Assessment achievement standards, development standards, and performance level descriptors will be set by the State Board of Education in a schedule and format established by the Board and will be made available through the State Board of Education and Department of Education websites.

Achievement standards, development standards, and performance level descriptors include, but are not limited to:

a.The Idaho English Language Proficiency Assessment Achievement Standards.(4-6-23)

b.The Idaho Standards Achievement Tests (ISAT) Achievement Standards.(4-6-23)

c.The Idaho Alternate Assessment Achievement Standards. (4-6-23)

09.Costs Paid by the State. Costs for the following testing activities will be paid by the state:

a.All consumable and non-consumable materials needed to conduct the prescribed statewide comprehensive assessment program;(3-15-22)

b.Statewide distribution of all assessment materials; and(3-15-22)

c.Processing and scoring student response forms, distribution of prescribed reports for the statewide comprehensive assessment program.(3-15-22)

10.Costs of Additional Services. Costs for any additional administrations or scoring services not included in the prescribed statewide comprehensive assessment program will be paid by the participating school dist ricts.(3-15-22)

11.Test Security, Validity and Reliability.(3-15-22)

a.Test security is of the utmost importance. To ensure integrity of secure test items and protect validity and reliability of test outcomes, test security must be maintained. School districts will employ security measures in protecting statewide assessment materials from compromise. Each individual who has any opportunity to see test items must sign a state-provided confidentiality agreement, which the district must keep on file in the district for at least two (2) years. Documentation of security safeguards must be available for review by authorized state and federal personnel.(3-15-22)

b.Any assessment used for federal reporting shall be independently reviewed for reliability, validity, and alignment with the Idaho Content Standards.(3-15-22)

12.Demographic Information. Accurate demographic information must be submitted as required for each test to assist in interpreting test results. It may include but is not limited to race, sex, ethnicity, and special programs, (Title I, English proficiency, migrant status, special education status, gifted and talented status, and socioeconomic status).(3-15-22)

13.Dual Enrollment. For the purpose of non-public school student participation in non-academic public school activities as outlined in Section 33-203, Idaho Code, the Idaho State Board of Education recognizes the following:(3-15-22)

a.The Idaho Standards Achievement Tests (grades 3-8 and High School).(3-15-22)

b.A portfolio demonstrating grade level proficiency in at least five (5) of the subject areas listed in Subsections 111.13.b.i. through 111.13.b.vi. Portfolios are to be judged and confirmed by a committee comprised of at least one (1) teacher from each subject area presented in the portfolio and the building principal at the school where dual enrollment is desired.(3-15-22)

i.Language Arts/Communications.(3-15-22)

ii.Math.(3-15-22)

iii.Science.(3-15-22)

iv.Social Studies.(3-15-22)

v.Health.(3-15-22)

vi.Humanities.(3-15-22)

IDAPA 08.02.03.112 Accountability

School district, charter district and public charter school accoun tability will be based on multiple measures aimed at providing meaningful data showing progress toward interim and long-term goals set by the State Board of Education for student achievement and school improvement. The state accountability framework will be used to meet both state and federal school accountability requirements and will be broken up by school category and include measures of student academic achievement and school quality as determined by the State Board of Education. In addition to those measures identified in the state accountability framework, all school categories will administer an annual satisfaction and engagement survey to parents, students, and teachers.(4-6-23)

01.School Category.(3-15-22)

a.Kindergarten through grade eight (K-8): Schools in this category include elementary and middle schools as defined in Subsection 112.05.f.(3-15-22)

b.High Schools, not designated as alternative high schools, as defined in Subsection 112.05.f.

c.Alternative High Schools.(3-15-22)

02.Academic Measures.(4-6-23)

a.K-8, High School, and Alternative High School:(4-6-23)

i.Idaho Standards Achievement Tests (ISAT) Proficiency.(3-15-22)

ii.ISAT growth toward proficiency based on a trajectory model approved by the State Board of Education. At the high school and alternative high school level growth will be measured for students who remain in the testing cohort in both grade 8 and high school.(4-6-23)

iii.ISAT proficiency gap closure.(3-15-22)

iv.English Learners achieving English language proficiency.(3-15-22)

v.English Learners achieving English language growth toward proficiency.(3-15-22)

b.K-8 only:(4-6-23)

i.Idaho statewide reading assessment proficiency as applicable to the grades served.(4-6-23)

c.High School and Alternative High School specific:(4-6-23)

i.Four (4) year cohort graduation rate, including students who complete graduation requirements prior to the start of the school district or charter schools next fall term.(3-15-22)

ii.Five (5) year cohort graduation rate, including students who complete graduation requirements prior to the start of the school district or charter schools next fall term.(3-15-22)

03.School Quality Measures by School Category.(3-15-22)

a.K-8, High School, and Alternative High School:(4-6-23)

i.Communication with parents on student achievement(4-6-23)

ii.Chronic absenteeism(4-6-23)

b.K-8 Only(4-6-23)

i.Students in grade 8 enrolled in pre-algebra or higher.(3-15-22)

c.High School and Alternative High School:(4-6-23)

i.College and career readiness determined through a combination of students participating in advanced opportunities, earning industry recognized certification, and/or participation in recognized high school apprenticeship programs.(3-15-22)

ii.Credit recovery and accumulation.(4-6-23)

d.High School only:(4-6-23)

i.Students in grade 9 enrolled in algebra I or higher.(3-15-22)

04.Reporting. Methodologies for reporting measures and determining performance will be set by the State Board of Education.(3-15-22)

05.Annual Measurable Progress Definitions. For purposes of calculating and reporting progress, the following definitions shall be applied.(3-15-22)

a.Annual Measurable Progress.(3-15-22)

i.The State Department of Education will make determinations for schools and districts each year.

Results will be given to the districts at least one (1) month prior to the first day of school.(3-15-22)

ii.The State Board of Education will set long-term goals and measurements of interim progress targets toward those goals. The baseline for determining measurable student progress will be set by the State Board of Education and shall identify the amount of growth (percentage of students reaching proficiency) required for each intermediate period.(3-15-22)

b.Full Academic Year (continuous enrollment).(3-15-22)

i.A student who is enrolled continuously in the same public school from the end of the first eight (8) weeks or fifty-six (56) calendar days of the school year through the state approved spring testing administration period, not including the make-up portion of the test window, will be included in the calculation to determine if the school achieved progress in any statewide assessment used for determining proficiency. A student is continuously enrolled if the student has not transferred or dropped-out of the public school. Students who are serving suspensions are still considered to be enrolled students.(3-15-22)

ii.A student who is enrolled continuously in the school district from the first eight (8) weeks or fiftysix (56) calendar days of the school year through the state approved spring testing administration period, not including the make-up portion of the test window, will be included when determining if the school district has achieved AYP.(3-15-22)

iii.A student who is enrolled continuously in a public school within Idaho from the end of the first eight (8) weeks or fifty-six (56) calendar days of the school year through the state approved spring testing administration period, not including the make-up portion of the test window, will be included when determining if the state has achieved progress in any statewide assessment used for determining proficiency.(3-15-22)

c.Participation Rate.(3-15-22)

i.Failure to include ninety-five percent (95%) of all students and ninety-five percent (95%) of students in designated subgroups automatically identifies the school as not having achieved measurable progress in ISAT proficiency. The ninety-five percent (95%) determination is made by dividing the number of students assessed on the Spring ISAT by the number of students reported on the class roster file for the Spring ISAT.(3-15-22)

(1)If a school district does not meet the ninety-five percent (95%) participation target for the current year, the participation rate can be calculated by the most current three (3) year average of participation.(3-15-22)

(2)Students who are absent for the entire state-approved testing window because of medical reasons or are homebound are exempt from taking the ISAT if such circumstances prohibit them from participating. Students who drop out, withdraw, or are expelled prior to the beginning of the final makeup portion of the test window are considered exited from the school.(3-15-22)

ii.For groups of ten (10) or more students, absences for the state assessment may not exceed five percent (5%) of the current enrollment or two (2) students, whichever is greater. Groups of less than ten (10) students will not have a participation determination.(3-15-22)

d.Sch ools. As used in this section, schools refers to any school within a school district or charter district and public charter schools.(3-15-22)

i.An elementary school includes a grade configuration of grades Kindergarten (K) through six (6) inclusive, or any combination thereof.(3-15-22)

ii.A middle school is a school that does not meet the definition of an elementary school and contains grade eight (8) but does not contain grade twelve (12).(3-15-22)

iii.A high school is any school that contains grade twelve (12).(3-15-22)

iv.An alternative high school is any school that contains grade twelve (12) and meets the requirements of Section 110 of these rules.(3-15-22)

v.The accountability of public schools without grades assessed by this system (i.e., K-2 schools) will be based on the third grade test scores of the students who previously attended that feeder school.(3-15-22)

vi.A “new school” for purposes of accountability is a wholly new entity receiving annual measurable progress determinations for the first time, or a school with a significant student population change as a result of schools being combined or geographic boundaries changing, or a result of successful school restructuring sanctioned by the Office of the State Board of Education.(3-15-22)

e.Subgroups. Scores on the ISAT must be disaggregated and reported by the following subgroups:

i.Race/Ethnicity - Black/African American, Asian, Native Hawaiian/Pacific Islander, White, Hispanic/Latino Ethnicity, American Indian/Alaska Native.(3-15-22)

ii.Economically disadvantaged - identified through the free and reduced lunch program.(3-15-22)

iii.Students with disabilities - individuals who are eligible to receive special education services through the Individuals with Disabilities Education Act (IDEA).(3-15-22)

iv.Limited English Proficient - individuals who do not score proficient on the state-approved language proficiency test and meet one (1) of the following criteria:(3-15-22)

(1)Individuals whose native language is a language other than English; or(3-15-22)

(2)Individuals who come from environments where a language other than English is dominant; or (3)Individuals who are American Indian and Alaskan natives and who come from environments where a language other than English has had a significant impact on their level of English language proficiency, and who, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms, where the language of instruction is English.

f.Graduation Rate. The graduation rate will be based on the rate of the cohort of students entering grade nine (9) during the same academic year and attending or exiting the school within a four (4) year or five (5) year period as applicable to the measure being determined. In determining the graduation cohort the school year shall include the students who complete graduation requirements prior to the start of the school district or charter schools next fall term. School districts may only report students as having graduated if the student has met, at a minimum, the state graduation requirements, pursuant to Section 105, and will not be returning to the school in following years to complete required academic course work. The State Board of Education will establish a target for graduation. All high schools must meet the target or make sufficient progress toward the target each year, as determined by the State Board of Education. The graduation rate will be disaggregated by the subgroups listed in Subsection 112.05.g.

g.Additional Academic Indicator. The State Board of Education will establish a target for all additional academic and school quality measures. All schools must maintain or make progress toward the additional academic and school quality measure target each year. The additional academic and school quality measure targets wil l be disaggregated by the subpopulations listed in Subsection 112.05.g.(3-15-22)

IDAPA 08.02.03.113 (Reserved)

IDAPA 08.02.03.114 Failure to Meet Annual Measurable Progress

01.Accountability Measures and Timelines.

Accountability measures and timelines will be determined by the state board of education for school districts and schools who fail to meet annual measurable progress.(3-15-22)

02.Compliance with Federal Law. All schools and local educational agencies in this state shall comply with applicable federal laws governing specific federal grants.(3-15-22)

a.With respect to schools and local educational agencies in this state that receive federal grants under title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015 (Title I schools), the State Department of Education shall develop procedures for approval by the State Board of Education, consistent with federal law, that describe actions to be taken by local educational agencies and schools in this state in regard to schools that fail to meet interim and long-term progress goals.(3-15-22)

b.With respect to schools and local educational agencies in this state that do not receive federal grants under Title I of the Elementary and Secondary Education Act of 1965, as amended by the Every Student Succeeds Act of 2015, such non-Title I schools and local educational agencies shall be required to comply with federal law and state requirements with the procedures relating to failure to meet interim and long-term progress goals as provided in Subsection 114.02.a. of this rule, as if they were Title I schools, except that any provisions relating to the use of federal grants to pay for such expenses shall not be applicable to such non-Title I schools and local educational agencies. In such event, non-title I schools shall be required to fund such compliance costs from general operating funds.(3-15-22)

IDAPA 08.02.03.115 (Reserved)

IDAPA 08.02.03.118 Home School

Any student not attending a public or private school within the state of Idaho may, as an alternative, receive educational instruction in a home school setting at the direction of the student’s parent or guardian. A home schooled student is required to receive such instruction in subjects commonly and usually taught in the public schools of the state of Idaho.(3-15-22)

IDAPA 08.02.03.119 (Reserved)

IDAPA 08.02.03.128 Curricular Materials Selection and Online Course Approval (sections

33-118; 33-118A, IDAHO CODE).

The State Board of Education will appoint a committee to select curriculum materials. Com mittee appointments will be for a period of five (5) years. Committee appointments shall consist of not less than ten (10) total members from the following stakeholder groups: certified Idaho classroom teachers, Idaho public school administrators, Idaho higher education officials, parents, trustees, local board of education members, members of the Division of Career Technical Education, and State Department of Education personnel. The Executive Secretary will be an employee of the State Department of Education and will be a voting member of the committee. The State Department of Education shall charge publishers submission fees of sixty dollars ($60) or equal to the retail price of each, whichever is greater, to defray the costs incurred in the curricular material review and adoption process.(3-23-22)

01.Subject Areas. Curricular materials are adopted by the State Board of Education for a period of six (6) years in the following subject areas: reading, English, spelling, speech, journalism, languages other than English, art, drama, social studies, music, mathematics, business education, career education and counseling, vocational/ technical education, science, health, physical education, handwriting, literature, driver education, limited English proficiency.(3-23-22)

02.Multiple Adoptions. Multiple adoptions are Made in Each Subject Area.(3-23-22)

03.Bids. Each publisher must deliver, according to the committee schedule, a sealed bid on all curricular materials presented for adoption.(3-23-22)

04.Depository. The State Board will appoint a depository for the state-adopted curricular materials.

Resource materials are a local option.(3-23-22)

05.Local Policies. School districts will follow their own policies for adoption in subject areas offered by a school district for which materials are not covered by the state curriculum materials committee.(3-23-22)

06.Online Course Review and Approval Process. The State Department of Education shall administer the review and approval of online course providers and courses. Reviewers shall be certified Idaho classroom teachers. Online course providers are approved for a period of four (4) years. The State Department of Education shall charge online course providers submission fees based on the number of courses offered, not to exceed the actual costs incurred in the online course and course provider review and approval process.(3-23-22)

IDAPA 08.02.03.129 Supplemental Learning Funds: Eligible Educational Expenses for Virtual

SCHOOLS.

01.Purpose.

The purpose of this rule is to establish uniform criteria for virtual schools to utilize supplemental learning funds for eligible educational expenses, as needed by public school students to engage with the virtual school, including general and elective online courses, and in alignment with Idaho content standards and appropriate use of public funds.(8-5-26)T

02.Definitions. For purposes of this section, “supplemental learning funds” and “eligible educational expenses” use the definitions provided in Section 33-5206(8)(m), Idaho Code.(8-5-26)T

a.Instructional materials. Items necessary for the delivery and assessment of instruction, including but not limited to curricular materials as defined in Section 33-188A, Idaho Code, consumable materials, manipulatives, and portable instructional equipment.(8-5-26)T

b.Technological equipment and services. Hardware, software, digital tools, connectivity and related services that are primarily used to access, participate in, support, deliver, or complete virtual education.(8-5-26)T

c.Accessibility resources. Any item or service needed to address accommodations outlined in a student’s individual educational program or Section 504 plan, including but not limited to equipment, technology, and therapies provided by a licensed therapist, beyond what is outlined in the student’s individual education program or Section 504 plan.(8-5-26)T

d.Direct payment. Payment made directly from a virtual school to a vendor to cover the cost of an educational expense related to an online course previously deemed eligible by meeting the requirements set forth in this rule.(8-5-26)T

e.Vendor. A business registered with the Idaho Secretary of State or having a federal EIN number that provides an item or service. The parent or guardian of the student for whom supplemental funds are used is prohibited from acting as a vendor for purposes of this rule.(8-5-26)T

f.Online course. A course of study delivered through virtual instruction, as defined in Section 33- 1612(1)(c), Idaho Code, for which a student may earn credit and for which an individual certified to teach in Idaho and endorsed in the relevant content area oversees student progress and determines successful course completion.

g.Home district. The traditional, public school district a student is assigned to based on their address.

03.General Eligibility Standard.(8-5-26)T

a.Required for Online Course Participation. Expenses for online courses are eligible for purchase by virtual schools if: (8-5-26)T

i.The course is aligned to Idaho content standards; or(8-5-26)T

ii.Is necessary for the student to receive educational instruction in an online course; or(8-5-26)T

iii.Provides an accommodation or support based on an established individual education program or Section 504 plan beyond the minimum provision required of the school under the Individuals with Disabilities Education Act (IDEA).(8-5-26)T

iv.An expense that has qualified based on Subsection 03.a.i. or 03.a.ii. or 03.a.iii. must also be:

(1) Fully covered by direct payment to a vendor or reimbursement for internet access; and(8-5-26)T (2)Reasonably necessary and proportionate to the educational objectives.(8-5-26)T

b.Burden of Determination. Prior to direct payment of a requested item or service or reimbursement for internet access, the virtual school shall determine that each requested item meets the criteria in Subsection 129.03.

04.Eligible Educational Expenses. Each of the following requested items or services are eligible educational expenses if the criteria outlined in Subsection 129.03 has been met.(8-5-26)T

a.Instructional Materials, including but not limited to:(8-5-26)T

i.Curricular materials as defined in Section 33-118A, Idaho Code.(8-5-26)T ii,Textbooks;(8-5-26)T

iii.Art supplies (e.g., paper, paint, drawing materials);(8-5-26)T

iv.Basic laboratory science or project supplies.(8-5-26)T

b.Portable Instructional Equipment, including but not limited to:(8-5-26)T

i.Physical education equipment (e.g., jump ropes, resistance bands, balls);(8-5-26)T

ii.Entry-level musical instruments;(8-5-26)T

iii.Robotics or microcontroller kits used in computer science coursework.(8-5-26)T

c.Technological equipment and services, including but not limited to:(8-5-26)T

i.Laptop computers, printers, headphones, or other hardware as required for participation in virtual instruction or completion of assignments.(8-5-26)T

ii.Educational software, applications, or online educational program subscriptions or licenses with a user limit aligned to the number of enrolled students.(8-5-26)T

iii.Monthly fees to an internet service provider and/or purchase or rental of a modem, router, hotspot device, or Wi-Fi extender.(8-5-26)T

d.Fees for national standardized assessments: SAT, ACT, AP, IB, and industry-recognized certification exams.(8-5-26)T

e.Accessibility resources and the following therapies if not provided by the school through an individual education program or 504 plan.(8-5-26)T

i.Speech / language therapy.(8-5-26)T

ii.Occupational therapy.(8-5-26)T

iii.Physical therapy.(8-5-26)T

iv.Vision therapy.(8-5-26)T

v.Audiology services.(8-5-26)T

f.Expanded Learning Opportunities.(8-5-26)T

i.Elective course expenses where the topic is aligned to elective courses offered by the student’s home district or as listed in Subsection 129.05.(8-5-26)T

ii.Field trip costs to a government owned or managed museum, historical site, or facility provided that the visit can be tied directly to grade-specific content standards. Field trip costs paid directly by the virtual school may not exceed the costs of the students enrolled in the grade level that satisfies the content standards eligibility requirement.(8-5-26)T

05.Subject-Specific Application.(8-5-26)T

a.Career-technical education. Costs or services in alignment with a career technical education pathway or standards pursuant to Section 33-2202, Idaho Code. Eligible expenses include basic tools and supplies required for coursework. Industrial or professional-grade equipment is ineligible.(8-5-26)T

b.Physical education. Eligible expenses are limited to portable instructional equipment necessary to demonstrate movement, fitness, and skill-based outcomes. Expenses for participation in specific recreational activities are ineligible unless deemed eligible for course credit as provided in Subsection 129.05.c.iii.(8-5-26)T

c.Performing and fine arts. Eligible expenses include consumable supplies and basic tools necessary for creation of student work. Studio equipment or professional-grade tools are ineligible.(8-5-26)T

d.Computer science and technology. Eligible expenses include software and entry-level hardware necessary to participate in virtual education. High-end personal computing systems are ineligible unless required for course delivery.(8-5-26)T

e.World languages. Eligible expenses include instructional texts, workbooks, software, and language tutoring. Experiential activities such as travel or immersion programs are ineligible.(8-5-26)T

06.Ineligible Expenses. The following expenses are not eligible to use supplemental learning funds:

a.Any item, service, or cost provided by the school district or school.(8-5-26)T

b.Travel costs;(8-5-26)T

c.Expenditures for recreational access or entry, included but not limited to;(8-5-26)T

i.Ski passes or lift tickets;(8-5-26)T

ii.Memberships to gyms, studios, or recreational facilities;(8-5-26)T

iii.Fees for participation in sports, camps, or recreational events unless necessary to receive course credit. The exemption may only be applied to participation in a single event per semester.(8-5-26)T

d.Entry or tickets for an event or activity unless deemed eligible pursuant Subsection 129.04.g.ii.

e.Personal infrastructure. Including but not limited to;(8-5-26)T

i.Home gym equipment (e.g., treadmills, weight benches, squat racks);(8-5-26)T

ii.Recreational structures (e.g., trampolines, basketball hoops, climbing structures);(8-5-26)T

iii.Permanent or semi-permanent installations, excluding one-time reimbursement for the cost of internet connectivity installation.(8-5-26)T

f.Professional or hobby equipment. Including but not limited to:(8-5-26)T

i.High-end or professional-grade equipment exceeding average market value relative to educational

use.(8-5-26)T

ii.Specialized equipment tied to a specific hobby or sport not required to meet course outcomes.

07.Decision Guidance. The State Department of Education may develop and release guidance to support virtual schools in determining the eligibility of items or services submitted for direct purchase or reimbursement.(8-5-26)T

08.Implementation and Oversight.(8-5-26)T

a.Each virtual school shall establish internal procedures to review, approve, and audit direct payment and reimbursement of eligible educational expenses consistent with this rule.(8-5-26)T

i.Each virtual school shall develop a process and requirements for verifying the accuracy of invoices and receipts submitted for direct payment or reimbursement. At a minimum, invoices and receipts must be printed and include the name and address of the vendor, date of purchase or date of service, amount, and item or service description. Invoices for services must also include the name of the student or parent or guardian.(8-5-26)T

b.The State Board of Education, State Department of Education or an authorized state agency may audit expenditures for compliance with Sections 33-1619, 33-5202A, and 33-5206, Idaho Code, and this rule.

i.Findings of an audit or compliance review may result in recovery, withholding, or adjustment of supplemental learning funds by the State.(8-5-26)T

IDAPA 08.02.03.130 (Reserved)

IDAPA 08.02.03.140 Workforce Skills

01.Academic Skill Development.

All students will be provided the opportunity to develop their academic skills (i.e., reading, language arts and communication, mathematics, science, social studies) and to develop the skills necessary for entering the workforce, including self-management skills (i.e., ability to plan, self-discipline, respect for authority, ongoing skill improvement), individual and teamwork skills (i.e., personal initiative, working with others), thinking/information skills (i.e., reasoning, problem solving, acquiring and using information) and vocational-technical skills based on the standards of the industry as approved by the State Board of Vocational Education.(3-15-22)

02.Other Skill Development. Recognizing that students may or may not be active in the workforce, the State Board believes all students should be provided the opportunity to become contributing community and family members. This instruction includes homemaking skills (i.e., nutrition, child development, resource management); balancing work and family responsibilities; and entrepreneurial skills.(3-15-22)

03.Work-Based Learning Experiences. Work-based learning experiences may be provided as part of the instruction in the school. For students to receive credit, these experiences will include: training plans, training agreements, approved work sites, and supervision by appropriately certificated personnel. If work-based learning experiences are selected, they will be included in the Parent Approved Student Career Pathways Plans. Instruction will be organized to facilitate a successful transition into the workforce and further education.(3-15-22)

IDAPA 08.02.03.141 (Reserved)

IDAPA 08.02.03.160 Safe Environment and Discipline

01.Each schoo l district and public charter school will have a comprehensive school district or charter school wide policy and procedures encompassing the following:

a.Student health policies must include:(4-6-23)

i. seizure action plans identifying staff qualified to assist in the instance of a seizure, administration of seizure rescue medication, and any required staff training and timelines for training.(4-6-23) ii.administration of medical inhalers, epinephrine auto-in-ejectors, insulin and blood glucose monitoring, pursuant to Section 33-520, Idaho code.(4-6-23) iiiAllowed uses of opioid-related overdose intervention, including any permissible uses of naloxone if approved by the local education agency for use.(4-6-23)

b.A review of these policies and procedures will be conducted annually. (See Section 33-1612, Idaho Code)(4-6-23)

IDAPA 08.02.03.161 (Reserved)

IDAPA 08.02.03.171 Gifted and Talented Programs

01.Definitions.

The following definitions apply only to Section 171 of these rules.(3-15-22)

a.Gifted/talented children. Those students who are identified as possessing demonstrated or potential abilities that give evidence of high performing capabilities in intellectual, creative, specific academic or leadership areas, or ability in the performing or visual arts and who require services or activities not ordinarily provided by the school in order to fully develop such capabilities Section 33-2001, Idaho Code.(3-15-22)

School Climate Discipline Student Health Violence Prevention Possessing Weapons on Campus Substance Abuse - Tobacco, Alcohol, and Other Drugs Suicide Prevention Student Harassment Drug-free School Zones Building Safety including Evacuation Drills Relationship Abuse and Sexual Assault Prevention and Response

02.District Plan. Each school district shall develop and write a plan for its gifted and talented program. The plan shall be submitted to the Department no later than October 15, 2001. The plan shall be updated and submitted every three (3) years thereafter and shall include:(3-15-22)

a.Philosophy statement.(3-15-22)

b.Definition of giftedness.(3-15-22)

c.Program goals.(3-15-22)

d.Program options.(3-15-22)

e.Identification procedures.(3-15-22)

f.Program evaluation.(3-15-22)

03.Screening. The district’s process for identifying gifted and talented students shall include the following steps:(3-15-22)

a.The district shall screen all potentially gifted and talented students to ensure they have an opportunity to be considered; and(3-15-22)

b.The district shall assess those students meeting the screening criteria and gather additional information concerning their specific aptitudes and educational needs; and(3-15-22)

c.The district shall match student needs with appropriate program options.(3-15-22)

04.Assessment. Placement decisions shall not be determined by a single criterion (for instance, test scores, other measurement, teacher recommendation, or nomination). The district’s identification process shall use multiple indicators of giftedness with information obtained through the following methods and sources:(3-15-22)

a.Procedures for obtaining information about students shall include formal assessment methods, such as group and individual tests of achievement, general ability, specific aptitudes and creativity.(3-15-22)

b.Procedures for obtaining information about students shall also include informal assessment methods, such as checklists, rating scales, pupil product evaluations, observations, nominations, biographical data, questionnaires, interviews and grades.(3-15-22)

c.Information about students shall be obtained from multiple sources, such as teachers, counselors, peers, parents, community members, subject area experts, and the students themselves.(3-15-22)

IDAPA 08.02.03.172 (Reserved)

IDAPA 08.02.03.200 K-12 Idaho Content Standards

Section 105 sets forth the minimum graduation requirement s for all students graduating from Idaho public high schools, as authorized by Section 33-118, Idaho Code. The standards set forth in Section 004 are the minimum standards to be used by every school district in the state in order to establish a level of academic content necessary to graduate from Idaho’s public schools. Each school district may set standards more rigorous than these state content standards but no district shall use any standards less rigorous than those set forth in these Thoroughness rules.

IDAPA 08.02.03.201 (Reserved)

08.04.01 Rules of the Idaho Digital Learning Academy

IDAPA 08.04.01.000 Legal Authority

In accordance with Sections 33-5504, 33-5505, and 33-5507, Idaho C ode, the Board is authorized to promulgate rules implementing the provisions of Title 33, Chapter 55, Idaho Code.(3-15-22)

IDAPA 08.04.01.001 Scope

These rules provide the requirements for the governance and administration of the Idaho Digital Learning Academy’s Board of Directors.(3-15-22)

IDAPA 08.04.01.002 (Reserved)

IDAPA 08.04.01.010 Definitions

01.Acceptable Use Policy (AUP). An Acceptable Use Policy is a policy that governs behavior in a computer or online environment. An Acceptable Use Policy outlines appropriate and inappropriate behavior, including specific examples of inappropriate behavior as well as the consequences of violating the policy. Acceptable use guidelines include, but are not limited to, guidelines pertaining to the use of profanity or threatening language, copyright violations, revealing personal information (either their own or someone else’s), disrupting the use of a school network, or importation of sexually explicit, drug-related, and other offensive materials into the course environment.(3-15-22)

IDAPA 08.04.01.011 (Reserved)

IDAPA 08.04.01.101 Accreditation

IDLA must maintain accreditation by an organization recognized by the State Board of Education.(3-15-22)

IDAPA 08.04.01.102 Accountability

01.Exams. Each IDLA course will require the student to complete, at the discretion of the LEA, either a comprehensive final exam at an approved site under proctored conditions or a comprehensive final project.

(7-1-25)

02.Student Work and Ethical Conduct.(3-15-22)

a.IDLA will inform students in writing of the consequences of plagiarism. The consequences for plagiarism are set out in the IDLA student handbook which is made available online at all times and is communicated to each student and parent prior to the beginning of each class. IDLA will investigate suspected cases of plagiarism and inform parents, students, and the local school district when a suspected case arises.(3-15-22)

b.Acceptable use and behavior in a distance-learning environment is determined by local school district’s policies IDLA students and parents will be informed by the IDLA AUP specifically governing behavior in an online school. IDLA will provide a copy of the IDLA AUP to the Idaho State Board of Education in the IDLA Annual Report.(3-15-22)

c.In a case of violation of the acceptable use policy or other disciplinary issues, IDLA will notify the local school district. The local school district is responsible for the appropriate disciplinary action. IDLA should be notified by the local school district of any disciplinary action resulting from a student’s participation in an IDLA course.(3-15-22)

d.The IDLA Director or designee reserves the right to deny disruptive students access to IDLA courses in the future or remove them from participating in an existing course. Appeals to the denial or removal from a course may be made in writing to the IDLA Board of Directors discussing the circumstances for removal or denial.

The IDLA Board of Directors will review the appeal and hold a special board meeting to allow the student an opportunity to speak to the issue. The IDLA Board of Directors will issue a final decision within ten (10) days of the board meeting.(3-15-22)

03.Teacher Interaction. IDLA faculty are required to contact students within the first twenty-four (24) hours of class. Contact includes phone, e-mail, web conferencing, or other technological means. IDLA is required to submit periodic progress reports and final course percentages for individual students’ grades which are then reported to the local school district for transcription to the student’s academic record.(3-15-22)

IDAPA 08.04.01.103 Fees

The IDLA fee schedule will be provided to the Idaho State Board of Education in the IDLA Annual Report to the State Board of Education.(3-15-22)

IDAPA 08.04.01.104 (Reserved)

08.02.02 Rules Governing Uniformity

IDAPA 08.02.02.000 Legal Authority

Article IX, Section 2 of the Idaho Constitution and Sections 33-10 5, 33-107, 33-116, and 33-1612, Idaho Code.

(7-1-26)

IDAPA 08.02.02.001 Scope

Uniform standards and governance by the State Board of Education pertinent to Teacher Certification, School Facilities, Accreditation, Transportation, School Release Time, Driver’s Education and Juvenile Detention Centers.

IDAPA 08.02.02.002 (Reserved)

IDAPA 08.02.02.004 Incorporation by Reference

The State Board of Education adopts and incorporates by reference into its rules:(3-15-22) 01.

Standards for Idaho School Buses and Operations as approved on August 24, 2022. The Standards for Idaho School Buses and Operations are available at the Idaho State Department of Education, 650 W.

State St., Boise Idaho, 83702 and can also be accessed electronically at https://boardofed.idaho.gov.(4-6-23)

02.Operating Procedures for Idaho Public Driver Education Programs as approved on June 16, 2016. The Operating Procedures for Idaho Public Driver Education Programs are available at the Idaho State Department of Education, 650 W. State St., Boise, Idaho, 83702 and can also be accessed electronically at https:// boardofed.idaho.gov.(3-15-22)

IDAPA 08.02.02.005 (Reserved)

IDAPA 08.02.02.007 Definitions

01.Clinical Experience. Gui ded, hands-on, practical applications and demonstrations of professional knowledge of theory to practice, skills, and dispositions through collaborative and facilitated learning in field-based assignments, tasks, activities, and assessments across a variety of settings. Clinical experience includes field experience and clinical practice as defined in this section.(3-15-22)

02.Clinical Practice. Student teaching or internship opportunities that provide candidates with an intensive and extensive culminating field-based set of responsibilities, assignments, tasks, activities, and assessments that demonstrate candidates’ progressive development of the professional knowledge, skills, and dispositions to be effective educators. Clinical practice includes student teaching and internship.(3-15-22)

03.Credential. The general term used to denote the document on which all of a person’s educational certificates and endorsements are listed. The holder is entitled to provide educational services in any and/or all areas listed on the credential.(3-15-22)

04.Endorsement. Term used to refer to the content area or specific area of expertise in which a holder is granted permission to provide services.(3-15-22)

05.Field Experience. Early and ongoing practice opportunities to apply content and pedagogical knowledge in Pre-K-12 settings to progressively develop and demonstrate knowledge, skills, and dispositions.

06.Individualized Professional Learning Plan. An individualized professional development plan based on the Idaho framework for teaching evaluation as outlined in Section 120 of these rules to include interventions based on the individual's strengths and areas of needed growth.(3-15-22)

07.Institutional Recommendation. Signed form or written verification from an accredited institution with a state board approved educator preparation program stating that an individual has completed the program, received a basic or higher rating in all components of the approved Idaho framework for teaching evaluation, has an individualized professional learning plan, has demonstrated the ability to produce measurable student achievement or student success, has the ability to create student learning objectives, and is recommended for state certification.

Institutional recommendations must include statements of identified competency areas and grade ranges. Institutional recommendation for administrators must additionally include a competency statement indicating proficiency in conducting accurate evaluations of instructional practice based upon the state’s framework for evaluation as outlined in Section 120 of these rules.(4-6-23)

08.Internship. Full-time or part-time supervised clinical practice experience in Pre-K-12 settings where candidates progressively develop and demonstrate their knowledge, skills, and dispositions.(3-15-22)

09.Local Education Agency (LEA). An Idaho public school district or charter school pursuant to Section 33-5203(8), Idaho Code.(3-15-22)

10.Paraprofessional. A noncertificated individual who is employed by a local education agency to support educational programming. Paraprofessionals must work under the direct supervision of a properly certificated staff member for the areas they are providing support. Paraprofessionals cannot serve as the teacher of record and may not provide direct instruction to a student unless the paraprofessional is working under the direct supervision of a teacher.(3-15-22)

a.To qualify as a paraprofessional the individual must have a high school diploma or general equivalency diploma (GED) and:(3-15-22)

i.Demonstrate through a state board approved academic assessment knowledge of and the ability to assist in instructing or preparing students to be instructed in the academic areas they are providing support in; or

ii.Have completed at least two (2) years of study at an accredited postsecondary educational institution; or(3-15-22)

iii.Obtained an associate degree or higher level degree; demonstrate through a state board approved academic assessment knowledge of and the ability to assist in instructing or preparing students to be instructed in the academic areas they are providing support in.(4-6-23)

b.Individuals who do not meet these requirements will be considered school or classroom aides.

c.Duties of a paraprofessional include, but are not limited to, one-on-one tutoring; assisting in classroom management; assisting in computer instruction; conducting parent involvement activities; providing instructional support in a library or media center; acting as a translator in instructional matters; and providing instructional support services. Non-instructional duties such as providing technical support for computers, personal care services, and clerical duties are generally performed by classroom or school aides, however, this does not preclude paraprofessionals from also assisting in these non-instructional areas.(3-15-22)

11.Pedagogy. Teaching knowledge and skills.(3-15-22)

12.Portfolio. An organized collection of artifacts that demonstrates an individual’s performance, growth, and/or reflection regarding their professional practice, in alignment with the applicable professional standards used for evaluation.(3-15-22)

13.Practicum. Full-time or part-time supervised, industry-based experience in an area of intended career technical education teaching field to extend understanding of industry standards, career development opp ortunities, and application of technical skills.(3-15-22)

14.Semester Credit Hours. Two (2) semester credit hours are equivalent to three (3) quarter credit hours.(3-15-22)

15.Student Learning Objective (SLO). A measurable, long-term academic growth target that a teacher sets at the beginning of the year for all student or for subgroups of students. SLOs demonstrate a teacher’s impact on student learning within a given interval of instruction based upon baseline data gathered at the beginning of the course.(3-15-22)

16.Student Teaching. Extensive, substantive, and supervised clinical practice in Pre-K-12 schools for candidates preparing for an instructional certificate.(4-6-23)

17.Teacher of Record. The teacher who is primarily responsible for planning instruction, delivering or supervising the instruction provided to a class of students, assessing student performance, and designating final grades.(4-6-23)

IDAPA 08.02.02.008 (Reserved)

IDAPA 08.02.02.012 Accredited Institution

For purposes of educator certification, an accredited school, college, university, or other educator training institution is considered by the Idaho State Board of Education to be one that is accredited by a regional accrediting association recognized by the State Board of Education or an alternative or non-traditional model approved by the State Board of Education.(3-15-22)

IDAPA 08.02.02.013 Certification of Teachers Trained in Foreign Institutions

An educator having graduated from a foreign institution educator preparation program sh all be treated as an out of state applicant for certification purposes and may be issued a nonrenewable, three (3) year interim certificate. The applicant must provide transcripts and/or credentials that have been translated and evaluated by an approved evaluation service.(4-6-23)

IDAPA 08.02.02.014 Certificates Issued to Applicants from Regionally Accredited

INST

ITUTIONS.

Idaho certificates may be issued to applicants completing accredited educator preparation progra ms from regionally accredited institutions recognized by the state board of education meeting requirements for certification or equivalent in other states when they substantially meet the requirements for a standard Idaho educator certificate.(4-6-23)

IDAPA 08.02.02.015 Idaho Educator Credential

All standard educator certificates are valid for five (5) years and are renewable, subject to the applicable renewal requirements set by the State Board of Education (SBOE) and any applicable conditions applied to an individual’s certificate by the professional standards commission.(7-1-26)

01.Standard Instructional Certificate. A Standard Instructional Certificate makes an individual eligible to teach all grades, subject to the grade ranges and subject areas of the valid endorsement(s) attached to the certificate. A standard instructional certificate may be issued to any person who has a baccalaureate degree or higher from an accredited college or university and who meets the following requirements or successfully completes an interim certificate requirements:(4-6-23)

a.Minimum Credit Hours. Earned a minimum of twenty (20) semester credit hours in the philosophical, psychological, methodological foundations, instructional technology, and in the professional subject matter of education, which shall include demonstration of competencies as specified in the Idaho comprehensive literacy plan; and(3-15-22)

b.Student Teaching. Complete a minimum of ten (10) undergraduate or six (6) graduate semester credit hours, of student teaching; and(3-15-22)

c.Complete a state board approved educator preparation program and receive an institutional recommendation from the program specifying the grade ranges and subjects for which the applicant is eligible to receive an endorsement;(4-6-23)

i.To receive endorsement in two (2) fields of teaching, preparation must consist of completion of at least thirty (30) semester credit hours in one (1) field of teaching, and completion of at least twenty (20) semester credit hours in a second field of teaching. (3-15-22)

ii.To receive endorsement in (1) field of teaching, preparation must consist of completion of at least forty-five (45) semester credit hours in a single subject area;(3-15-22)

d.Meet or exceed the state qualifying score on the state board approved content area and pedagogy assessments.(4-6-23)

02.Standard Pupil Service Staff Certificate. Persons who serve as school counselors, school psychologists, school social workers, and school nurses are required to hold the Standard Pupil Service Staff Certificate, with the respective endorsement(s) for which they qualify. Persons who serve as a speech-language pathologist, school audiologist, occupational therapist, or physical therapist may be required, as determined by the local educational agency, to hold a Standard Pupil Service Staff Certificate with respective endorsements for which they qualify.(4-6-23)

a.School Counselor Endorsement. To be eligible for a School Counselor endorsement, a candidate must have satisfied the following requirements.(3-15-22)

i.Hold a master's degree and provide verification of completion of an approved program of graduate study in school counseling, including sixty (60) semester credits, from a college or university approved by the Idaho SBOE or the state educational agency of the state in which the program was completed. The program must include successful completion of seven hundred (700) clock hours of supervised field experience, seventy-five percent (75%) of which must be in a K-12 school setting. This K-12 experience must be in each of the following levels: elementary, middle/junior high, and high school. Previous school counseling experience may be considered to help offset the field experience clock hour requirement; and(7-1-26)

ii.An institutional recommendation is required for a School Counselor endorsement.(3-15-22)

b.School Counselor – Basic Endorsement.(3-15-22)

i.Individuals serving as a school counselor pursuant to Section 33-1212, Idaho Code, shall be granted a School Counselor – Basic endorsement. The endorsement is valid for five (5) years or until such time as the holder no longer meets the eligibility requirements pursuant to Section 33-1212, Idaho Code.(3-15-22)

ii.Individuals who received their endorsement pursuant to Section 33-1212, Idaho Code, prior to July 1, 2018, will be transitioned into the School Counselor – Basic endorsement. Renewal date will remain the same as the initial credential.(3-15-22)

c.School Psychologist Endorsement. The renewal credit requirement may be waived if the applicant holds a current and valid National Certification for School Psychologists (NCSP) offered through the National Association of School Psychologists (NASP). To be eligible for a school psychologist endorsement, a candidate must complete a minimum of sixty (60) graduate semester credit hours which must be accomplished through one (1) of the following options:(3-15-22)

i.Completion of an approved thirty (30) semester credit hour master's degree in education or psychology and completion of an approved thirty (30) semester credit hour School Psychology Specialist Degree program, and completion of a minimum of twelve hundred (1,200) clock-hour internship within a local education agency under the supervision of the training institution and direct supervision of a certificated school psychologist;

ii.Completion of an approved sixty (60) semester credit hour, master's degree program in School Psychology, and completion of a minimum of twelve hundred (1,200) clock-hour internship within a local education agency under the supervision of the training institution and direct supervision of a certificated school psychologist;

iii.Completion of an approved sixty (60) semester credit hour, School Psychology Specialist degree program which did not require a master's degree as a prerequisite, with laboratory experience in a classroom, which may include professional teaching experience, student teaching or special education practicum, and completion of a minimum twelve hundred (1,200) clock-hour internship within a local education agency under the supervision of the training institution and direct supervision of a certificated school psychologist; and(3-15-22)

iv.Earn a current and valid National Certification for School Psychologists (NCSP) issued by the National Association of School Psychologists (NASP).(3-15-22)

d.Interim Certificate – School Psychologist Endorsement. This certificate will be issued to those who do not meet the educational requirements but hold a master’s degree or higher in psychology and are working toward a standard pupil service staff certificate with school psychologist endorsement. This certificate will be issued for three (3) years while the applicant is meeting the educational requirements or obtaining the applicable experience leading to certification. If the educational requirements cannot be met within the three (3)-year time frame of the certificate, the employing LEA may request one (1)-time renewal of this interim certificate for the applicant.(3-15-22)

e.School Nurse Endorsement. To be eligible for a school nurse endorsement, a candidate must complete one (1) of the following options:(3-15-22)

i.Possess a valid professional nursing (RN) license issued by the Idaho State Board of Nursing, and a baccalaureate degree in nursing, education, or a health-related field from an accredited institution.(3-15-22)

ii.Possess a valid professional nursing (RN) license issued by the Idaho State Board of Nursing; have two (2) years of full-time (or part-time equivalent) school nursing, community health nursing, or any other area of pediatric, adolescent, or family nursing experience.(3-15-22)

f.Interim Certificate - School Nurse Endorsement. This certificate will be issued to those who do not meet the educational and/or experience requirements but who hold a valid professional nursing (RN) license in Idaho.

This non-renewable certificate will be issued for three (3) years while the applicant is meeting the educational or experience requirements.(3-15-22)

g.Speech-Language Pathologist Endorsement. To be eligible for a speech-language pathologist endorsement, a candidate must possess a master's degree from an accredited college or university in a speech/ language pathology program approved by the SBOE. The renewal credit requirement may be waived if the applicant holds a current and valid Certificate of Clinical Competence in Speech-Language Pathology offered through the American Speech-Language-Hearing Association and/or a current and valid speech-language pathologist license issued by the appropriate Idaho state licensing board.(7-1-26)

h.Interim Certificate - Speech-Language Pathologist Endorsement. This certificate will be issued to those who do not meet the educational requirements but hold a baccalaureate degree in speech-language pathology and are pursuing a master’s degree. This certificate will be issued for three (3) years while the applicant is meeting the educational requirements. If the educational requirements cannot be met within the three (3)-year timeframe of the certificate, the employing LEA may request one (1)-time renewal of this interim certificate for the applicant if the applicant holds a valid occupational license or is supervised by a speech-language pathologist with a standard pupil service certificate.(3-15-22) i.

Audiology Endorsement. To be eligible for an audiology endorsement, a candidate must possess a master's degree from an accredited college or university in an audiology program approved by the SBOE.

The renewal credit requirement may be waived if the applicant holds a current and valid Certificate of Clinical Competence in Audiology offered through the American Speech-Language-Hearing Association and/or a current and valid audiologist license issued by the appropriate Idaho state licensing board. (7-1-26)

j.School Social Worker Endorsement. To be eligible for a school social worker endorsement, a candidate must meet the following requirements:(3-15-22)

i.A master's degree in social work (MSW) from a postsecondary institution accredited by an organization recognized by the SBOE. The program must be currently approved by the state educational agency of the state in which the program was completed; and(7-1-26)

ii.An institutional recommendation from a state board approved program; and(3-15-22)

iii.The successful completion of a school social work practicum in a preschool through grade twelve 12 (Pre-K-12) setting. Post-LMSW extensive experience working with children and families may be substituted for the completion of a school social work practicum in a Pre-K-12 setting; and(3-15-22)

iv.A current and valid social work license pursuant to chapter 32, title 54, Idaho Code, and the rules of the State Board of Social Work Examiners.(3-15-22)

k.Occupational Therapist Endorsement. To be eligible for an occupational therapist endorsement, a candidate must have a current and valid occupational therapy license issued by the Occupational Therapy Licensure Board of Idaho. The candidate must maintain current and valid occupational therapy licensure for the endorsement to remain valid.(3-15-22)

l.Physical Therapist Endorsement. to be eligible for a physical therapist endorsement a candidate must have a current and valid physical therapy license issued by the Idaho Physical Therapy Licensure Board. The candidate must maintain current and valid physical therapy licensure for the endorsement to remain valid. (3-15-22)

03.Standard Administrator Certificate. Persons who serve as superintendent, director of special education, secondary school principal, or principal of an elementary school with eight (8) or more teachers (including the principal), or are assigned to conduct the summative evaluation of certified staff are required to hold an Administrator Certificate. The certificate may be endorsed for service as school principal, superintendent, or director of special education. Assistant superintendents are required to hold the Superintendent endorsement. Assistant principals or vice-principals are required to hold the School Principal endorsement. Directors of special education are required to hold the Director of Special Education endorsement. Possession of an Administrator Certificate does not entitle the holder to serve as a teacher at a grade level for which the educator is not qualified or certificated.

a.School Principal Endorsement. To be eligible for the School Principal endorsement, a candidate must meet the following requirements:(3-15-22)

i.Hold a master's degree from an accredited college or university.(3-15-22)

ii.Have four (4) years of full-time certificated experience working with students, while under contract in an accredited school setting.(3-15-22)

iii.Complete an administrative internship in a state-approved program, or have one (1) year of experience as an administrator.(3-15-22)

iv.Provide verification of completion of a state-approved program of at least thirty (30) semester credit hours of graduate study in school administration for the preparation of school principals at an accredited college or university. This program shall include the demonstration of proficiency in conducting instructional and pupil service staff evaluations based on the statewide framework for evaluation, and competencies in the Idaho Standards for School Principals.(3-15-22)

v.Receive an institutional recommendation for a School Principal endorsement.(3-15-22)

b.Superintendent Endorsement. To be eligible for the Superintendent endorsement, a candidate must meet the following requirements:(3-15-22)

i.Hold an education specialist or doctorate degree or complete a comparable post-master's sixth year program at an accredited college or univers

ity.(3-15-22)

ii.Have four (4) years of full-time certificated/licensed experience working with students while under contract in an accredited school setting.(3-15-22)

iii.Complete an administrative internship in a state board approved program for the superintendent endorsement or have one (1) year of out-of-state experience as an assistant superintendent or superintendent.

iv.Provide verification of completion of an approved program of at least thirty (30) semester credit hours, of post-master's degree graduate study for the preparation of school superintendents at an accredited college or university. This program in school administration must include demonstration of proficiency in conducting instructional and pupil service staff evaluations based on the statewide framework for evaluation, and demonstration of competencies in the Idaho standards for superintendents and the Idaho Standards for School Principals. (3-15-22)

v.Receive an institutional recommendation for a Superintendent endorsement.(3-15-22)

c.Director of Special Education Endorsement. To be eligible for the Director of Special Education endorsement, a candidate must meet the following requirements:(3-15-22)

i.Hold a master's degree from an accredited college or university;(3-15-22)

ii.Have four (4) years of full-time certificated/licensed experience working with students Pre-K-12, while under contract in a school setting;(3-15-22)

iii.Provide verification of a state board approved program of graduate study of school administration for the preparation of directors of special education at an accredited college or university. This program shall include demonstration of proficiency in conducting instructional and pupil service staff evaluations based on the statewide framework for evaluation, and demonstration of competencies in the Idaho Standards for Directors of Special Education and the Idaho Standards for School Principals. Coursework shall include knowledge and competence in understanding the Individuals with Disabilities Education Act, utilizing the Idaho Special Education Manual, special education funding and fiscal accountability, results-driven leadership and accountability in special education, and instructional, behavioral, and management strategies for supporting students in the least restrictive environment.

iv.Have completed an administrative internship in the area of administration of special education; and

v.An institutional recommendation is required for Director of Special Education endorsement.

04.Career Technical Certification Requirements. Teachers of career technical courses or programs in secondary schools must hold an occupational specialist certificate and an endorsement in an appropriate occupational discipline. All occupational certificates must be approved by the Division of Career Technical Education regardless of the route an individual is pursuing to receive the certificate.(3-15-22)

a.Standard Degree Based Career Technical Certificate. Persons who hold a degree based career technical certificate are eligible to teach in a career technical area, subject to the grade range(s) and subject area(s) of the valid endorsement(s) attached to the certificate. All degree based career technical certificates require candidates to meet the Idaho Core Teaching Standards. The degree based career technical certificate is valid for five years. A degree based career technical certificate may be issued to any person who has a baccalaureate degree from an accredited college or univers ity and meets the following requirements:(3-15-22)

i.Earned a minimum of twenty (20) semester credit hours in the philosophical, psychological, methodological foundations, instructional technology, and in the professional subject matter of education, which shall include demonstration of competencies as specified in the Idaho Comprehensive Literacy Plan;(3-15-22)

ii.Earned a minimum of twelve (12) semester credit hours in career technical education foundation coursework to include principles and philosophies of career technical education, evaluation and assessment in career technical education, leadership and career technical student organization leadership, career guidance and transition, occupational analysis and curriculum development, and lab safety;(3-15-22)

iii.Accumulated one thousand (1,000) clock hours of related industry experience, or practicum as approved by the higher education institution, in the respective field of specialization;(3-15-22)

iv.Completed a total of at least ten (10) undergraduate semester credit hours or six (6) graduate semester credit hours of student teaching:(3-15-22)

v.Completed a state board approved educator preparation program and received an institutional recommendation specifying the grade ranges and subjects for which the person is eligible to receive an endorsement;

(1)To receive endorsement in two (2) fields of teaching, preparation must consist of at least thirty (30) semester credit hours in one (1) field of teaching and completion of at least twenty (20) semester credit hours in a second field of teaching.(3-15-22)

(2)To receive endorsement in one (1) field of teaching, preparation must consist of completion of at least forty-five (45) semester credit hours in a single subject area.(3-15-22)

vi.Met or exceeded the state qualifying score on the state board-approved content area and pedagogy assessments.(3-15-22)

vii.The renewal credits required in Section 060 may be waived if the applicant holds a current, valid certificate from the National Board for Professional Teaching Standards at the time of renewal. Credits must be earned during the validity period of the certificate.(4-6-23)

b.Career Technical Education Program Standard Administrator Certificate. The career technical education program administrator certificate is required for an individual serving as an administrator, director, or manager of career technical education programs in Idaho public schools. Individuals must meet one (1) of the two (2) following prerequisites to qualify for the career technical education program administrator certificate. The certificate is valid for five (5) years and must meet the renewal requirements pursuant to Section 060 of these rules to renew.

(7-1-26)

i.Qualify for or hold an advanced occupational specialist certificate or hold an occupational endorsement on a degree based career technical certificate; provide evidence of a minimum of four (4) years teaching, three (3) of which must be in a career technical education discipline; hold a master's degree; and complete at least fifteen (15) semester credits of administrative course work to include required credits in. education finance, administration and supervision of personnel, and legal aspects of education. Remaining coursework may be selected from: administration and supervision of occupational programs; instructional supervision; administration internship; curriculum development; curriculum evaluation; research in curriculum; school community relations; communication; teaching the adult learner; coordination of work-based learning programs; and/or measurement and evaluation.(3-15-22)

ii.Hold a superintendent or principal endorsement on a standard administrator certificate and provide evidence of either a minimum of four (4) years teaching, three (3) of which must be in a career technical discipline; or successful completion of a Division of Career Technical Education career technical education leadership institute; or completion of course work including credits in: principles and foundations of career technical education, career technical student organizations, occupational analysis, curriculum design, one or more externships with career technical education industry advisor partners totaling 100 hours, and ongoing participation in technical advisory committee meetings associated with the school’s career technical education programs.(4-6-23)

c.Industry-Based Occupational Specialist Certificate. Persons who hold an occupational specialist career technical certificate are eligible to teach in a career technical program pathway(s), subject to the grade range(s) and pathway areas(s) of the valid endorsement(s) attached to the certificate. All occupational specialist career technical certificates require candidates to meet the core teaching standards of the Idaho Standards for Initial Certification of Professional School Personnel. An occupational specialist career technical certificate may be issued to an experienced industry expert entering the teaching profession and meeting the following eligibility requirements:

i.Possess either a high school diploma or General Educational Development (GED) certificate; meet provisions of Idaho Code; and, verify technical skills through work experience, industry certification or testing as listed below. When applicable, requirements of occupationally related state agencies must also be met. Since educational levels and work experiences vary, applicants may be determined qualified under any one (1) of the following three (3) options:(3-15-22)

(1)Have three (3) years or six thousand (6,000) hours of recent, gainful employment in the occupation for which certification is requested, at least half of which must have been during the immediate previous five (5) years; or(3-15-22)

(2)Have a baccalaureate degree in the specific occupation or related area, plus one (1) year or two thousand (2,000) hours of recent, gainful employment in the occupation for which certification is requested, at least half of which must have been during the immediate previous five (5) years; or(3-15-22)

(3)Hold or have held an industry certification in a field closely related to the content area in which the individual seeks to teach as approved by the Division of Career Technical Education.(3-15-22)

ii.Limited Occupational Specialist Certificate. This certificate is issued to individuals who are new to teaching in Idaho public schools or new to teaching in career technical education in Idaho public schools. The certificate is an interim certificate and is valid for three (3) years and is non-renewable. Applicants must meet all of the minimum requirements established in Subsection 015.06.a. of these rules. Individuals on a limited occupational specialist certificate must complete one (1) of the two (2) following pathways during the validity period of the certificate:(3-15-22)

(1)Pathway I - Coursework: Within the three-year period of the Limited Occupational Specialist Certificate, the instructor must satisfactorily complete the pre-service training prescribed by the Division of Career Technical Education and demonstrate competencies in principles/foundations of occupational education and methods of teaching occupational education. Additionally, the instructor must satisfactorily demonstrate competencies in two (2) of the following areas: career pathways and guidance; analysis, integration, and curriculum development; and measurement and evaluation.(3-15-22)

(2)Pathway II – Cohort Training: Within the first twelve (12) months, the holder must enroll in the Division of Career Technical Education sponsored education pedagogy training and complete all requirements within the three-year validity period of the interim certificate.(3-15-22)

iii.Standard Occupational Specialist Certificate.(3-15-22)

(1)This certificate is issued to individuals who have held a limited occupational specialist certificate and completed one (1) of the pathways for renewable certification.(3-15-22)

(2)The Standard Occupational Specialist Certificate is valid for five (5) years and must meet the renewal requirements pursuant to Section 060 of these rules to renew. Credit equivalency will be based on verification of forty-five (45) hours of participation at approved technical conferences, institutes, or workshops where participation is prorated at the rate of fifteen (15) hours per credit; or one hundred twenty (120) hours of approved related work experience where hours worked may be prorated at the rate of forty (4) hours per credit; or any equivalent combination thereof.(4-6-23)

iv.Advanced Occupational Specialist Certificate. This certificate is issued to individuals who are eligible for the Standard Occupational Specialist Certificate; and provide evidence of completion of a teacher training degree program or eighteen (18) semester credits of Division of Career Technical Education approved education or content-related course work in addition to the twelve (12) semester credits required for the Standard Occupational Specialist Certificate (a total of thirty (30) semester credits. The Advanced Occupational Specialist Certificate is valid for five (5) years and must meet the renewal requirements pursuant to Section 060 of these rules to renew.

05.Postsecondary Specialist Certificate. A Postsecondary Specialist certificate will be granted to a current academic faculty member whose primary employment is with any accredited Idaho postsecondary institution.

To be eligible to teach in the public schools under this postsecondary specialist certificate, the candidate must supply a recommendation from the employing institution (faculty's college dean). The primary use of this state-issued certificate is for distance education, virtual classroom programs, and public and postsecondary partnerships.

a.To renew this certificate, the renewal application must be accompanied with a new written recommendation from the postsecondary institution (faculty's college dean level or higher).(3-15-22)

b.The candidate must meet the following qualifications:(3-15-22)

i.Hold a baccalaureate degree or higher in the content area being taught;(3-15-22)

ii.Be currently employed by the postsecondary institution in the content area to be taught; and

iii.Complete and pass a criminal history background check as required by Section 33-130, Idaho Code.(3-15-22)

06.American Indian Tribal Language Certificate. The five (5) federally recognized tribes of Idaho shall provide to the State Department of Education the names of those highly and uniquely qualified individuals who have been designated to teach tribal language(s) in accordance with Section 33-1280, Idaho Code. To be eligible for an American Indian Tribal Languages certificate an applicant designated to teach tribal language(s) shall submit a complete application. If approved the certificate shall be issued for five years and is renewable.(3-15-22)

07.Junior Reserved Officer Training Corps (Junior ROTC) Instructors.(3-15-22)

a.To be eligible for a Junior ROTC Instructor certificate, an applicant shall submit a complete application and provide a copy of their certificate(s) or letter of completion of an armed forces Junior ROTC training program.(3-15-22)

b.If approved the certificate shall be issued for five years and is renewable.(3-15-22)

08.Additional Renewal Requirements. In addition to specific certificate or endorsement renewal requirements, applicants must meet the following renewal requirements as applicable:(3-15-22)

a.Administrator certificate renewal. In order to recertify, holders of an administrator certificate must complete a course consisting of a minimum of three (3) semester credits in the Idaho framework for teachers' evaluation pursuant to Section 33-1204, Idaho Code. Credits must be earned through an approved educator preparation program and include a laboratory component. The laboratory component must include in-person or video observation and scoring of teacher performance using the statewide framework for teacher’s evaluation. The approved course must include the following competencies:(3-15-22)

i.Understanding professional practice in Idaho evaluation requirements, including gathering accurate evidence and artifacts, understanding and using the state framework for evaluation rubric with fidelity, proof of calibration and interrater reliability, ability to provide effective feedback for teacher growth, and understanding and advising teachers on individualized learning plan and portfolio development.(3-15-22)

ii.Understanding student achievement and growth in the Idaho evaluation framework, including understanding how measurable student achievement and growth measures impact summative evaluation ratings and proficiency in assessment literacy.(3-15-22)

IDAPA 08.02.02.016 Idaho Interim Certificate

A three (3) year interim certificate may be issued to applicants who hold a valid certificate or license from another state or other entity that participates in the National Association of State Directors of Teacher Education and Certification (NASDTEC) Interstate Agreement pursuant to Section 33-4104, Idaho Code, or who are engaged in or completed a non-traditional route or alternative authorization to certification as prescribed herein. An interim certificate gives the holder the same rights and responsibilities as an individual with a standard certificate.(4-6-23)

01.Interim Certificate Not Renewable. Interim certification is only available on a one (1) time basis except under extenuating circumstances approved by the State Department of Education or Division of Career Technical Education. An applicant must meet the requirements of the applicable alternate authorization route or nontraditional route to obtain a standard Idaho Educator Credential during the term of the interim certificate.(3-15-22)

02.Non-Traditional Route to Teacher Certification. An individual may acquire interim certification through a state board approved non-traditional route to teacher certification program. The non-traditional route may be used for first-time certification, subsequent certificates, and additional endorsements.(3-15-22)

a.Individuals who possess a baccalaureate degree or higher from an institution of higher education accredited by an entity recognized by the SBOE may receive an interim instructional certificate. To receive the interim certificate, the individual must:(7-1-26)

i.Complete or enroll in a state board approved program; and(3-15-22)

ii.Pass the state board approved pedagogy and content area assessment.(3-15-22)

b.Standard certification. Upon completion of the non-traditional route the applicant must complete a two (2) year state board approved teacher mentoring program and receive two (2) years of Idaho evaluations with a summative rating of proficient or better.(4-6-23)

03.Idaho Comprehensive Literacy Course. All Idaho teachers working on an interim certificate (alternate authorizations, nontraditional routes, reinstatement, or coming from out of state), must complete a state board approved Idaho Comprehensive Literacy course or assessment as a one-time requirement for standard instructional certificate.(3-15-22)

04.Teaching For Mathematical Thinking. All Idaho teachers or administrators with an interim certificate (alternate authorizations, nontraditional routes, reinstatements or coming from out of state), with an All Subjects (K-8) endorsement, any mathematics endorsement, Exceptional Child Education endorsement, Blended Early Childhood/Early Childhood Special Education endorsement, or Administrator certificate must complete the state board approved Teaching for Mathematical Thinking, course, as a one-time requirement for full certification.

05.Reinstatement of Expired Certificate. An individual holding an expired standard Idaho certificate may be issued an interim certificate. During the validity period of the interim certificate, the applicant must meet the following requirements to obtain standard certification during the term of the interim certificate:(7-1-26)

a.Two (2) years of Idaho evaluations, as applicable to the type of certification, with a summative rating of proficient or better;(4-6-23)

b.Measured annual progress on specific goals identified on the applicant’s Individualized Professional Learning Plan;(3-15-22)

c.Completion of six (6) credit renewal requirement; and(4-6-23)

d.Completion of the Idaho Comprehensive Literacy Course or Teaching for Mathematical Thinking as provided herein.(3 -15-22)

e.Individuals holding an expired certificate that was in good standing at the time the certificate expired, may have the certificate reinstated within one (1) year of the time the certificate expired by completing any outstanding professional development requirements that were pending at the time the certificate expired.(4-6-23)

06.Codes of Ethics. All laws and rules governing standard certificated staff with respect to conduct, discipline, and professional standards shall apply to all certified staff serving in an Idaho public school, including those employed under an interim certificate.(3-15-22)

IDAPA 08.02.02.017 Content, Pedagogy and Performance Assessment for Certification

01.Assessments.

State Board of Education approved content, pedagogy and performance area assessments shall be used to ensure qualified teachers are employed in Idaho’s classrooms. The Professional Standards Commission shall recommend assessments and qualifying scores to the State Board of Education for approval.(3-15-22)

02.Idaho Comprehensive Literacy Assessment. All applicants for initial Idaho certification from a state board-approved educator preparation program must demonstrate competency in comprehensive literacy. Areas to be included in the assessment are: phonological awareness, phonics, fluency, vocabulary, comprehension, writing, and assessments and intervention strategies. Each Idaho public higher education institution shall be responsible for the assessment of teacher candidates in its educator preparation program. The assessment must measure teaching skills and knowledge congruent with current research on best literacy practices for elementary students or secondary students (adolescent literacy) dependent upon level of certification and English Language Learners. In addition, the assessment must measure understanding and the ability to apply strategies and beliefs about language, literacy instruction, and assessments based on current research and best practices congruent with International Reading Association/National Council of Teachers of English standards, National English Language Learner’s Association professional teaching standards, National Council for Accreditation of Teacher Education standards, and state accreditation standards.(3-15-22)

IDAPA 08.02.02.018 (Reserved)

IDAPA 08.02.02.021 Endorsements

Holders of an Instructional Certificate or Occupational Specialist Certificate must have one (1) or more endorsements attached to their certificate as applicable to the type of certification. Instructional staff are eligible to teach in the grades and content areas of their endorsements. Idaho educator preparation programs shall prepare candidates for endorsements in accordance with these certification requirements and the standards approved by the board. An official statement from the college of education of competency in a content area or field is acceptable in lieu of required credits if such statements are created in consultation with the department or division of the accredited college or university in which the competency is established and are approved by the director of teacher education of the recommending college or university. Statements must include the number of credits the competency evaluation is equivalent to. To add an endorsement to a certificate, an individual must complete the credit hour requirements as established by the SBOE and meet or exceed the state qualifying score on a board approved content, pedagogy or performance assessment.(7-1-26)

01.Clinical Experience Requirement. All standard endorsements require supervised clinical experience in the relevant content area, or a State Department of Education or Division of Career Technical Education approved alternative clinical experience as applicable to the area of endorsement.(4-6-23)

02.Alternative Authorization - Teacher to New Endorsement. This alternative authorization allows a local education agency to request additional endorsement for a candidate. This authorization is valid for one (1) year and may be renewed for two (2) additional years with evidence of satisfactory progress on one (1) of the following options:(4-6-23)

a.Option I -- An official statement of competency in a teaching area or field from the college of education of an accredited college or university is acceptable in lieu of courses if the statement is created in consultation with the department or division in which the competency is established and is approved by the director of teacher education of the recommending college or university.(3-15-22)

b.Option II -- Master's degree or higher. By earning a graduate degree in a content specific area, candidates may add an endorsement in that same content area to a valid instructional certificate. Successful completion of a one (1) year, state board approved mentoring program must be completed during the first year to maintain the endorsement.(4-6-23)

c.Option III -- Content area assessment and mentoring. A candidate may add an endorsement by successfully completing a state board-approved content areas assessment and a one-year, state board-approved mentoring program within the first year of authorization.(3-15-22)

d.Fo r all candidates moving to an initial certification in a career technical education endorsement area, the candidate will be required to complete or have completed coursework in principles and foundations of career technical education and career technical student organizations, training in occupational analysis and curriculum design, and a minimum of two hundred (200) internship/externship hours in the career technical education endorsement area.(4-6-23)

03.National Board Certification. An applicant holding an instructional certificate and current national board certification may add an endorsement in a corresponding content-specific area.(3-15-22)

IDAPA 08.02.02.022 (Reserved)

IDAPA 08.02.02.028 Professional Endorsements

The professional endorsement is required for movement onto and across the professional compensation rung of the career ladder and the advanced professional endorsement is required for movement onto and across the advanced professional rung of the career ladder. Eligibility for the professional and advanced professional endorsement pursuant to Section 33-1201A, Idaho Code, may be established by providing additional evidence demonstrating effective teaching for the purpose of determining proficiency and student achievement in the event required standards for the professional endorsement are not met.(4-6-23)

01.Measurable Student Achievement and Student Success Indicators. Evidence of a majority of the applicable staff person’s students meeting measurable student achievement targets, or student success indicator targets, may be demonstrated by the certificated staff member providing evidence that students from an accredited private or out-of-state public school have met targets set by the certificated staff member. The measurable student achievement or student success indicators must be comparable to the measurable student achievement or student success indicator targets established by the hiring school for certificated staff in similar employment areas and similar grade ranges pursuant to Section 33-1001, Idaho Code.(3-15-22)

02.Validity of Evidence. Evidence provided must show that the certificated staff member met each of the proficiency and student achievement requirements in each year required.(3-15-22)

03.Evaluation of Evidence. The local education agency administrator shall be responsible for evaluating the evidence provided and determining alignment with the school district or charter schools measurable student achievement and student success indicators and alignment with the Idaho framework for teaching evaluation standards. The reviewing administrator shall sign an affidavit stating the evidence meets the district and state standards for measurable student achievement and student success indicators and performance criteria. The local education agency shall report the equivalent performance criteria rating the certificated staff member received and indicate if any equivalent components were rated as unsatisfactory and the measurable student achievement or student success indicator used with verification that the majority of their students have met the measurable student achievement targets or student success indicators. Targets must be comparable to targets set for like groups of students at the hiring school. The state board of education or state department of education may request to review the evidence provided for determining proficiency and student achievement.(3-15-22)

IDAPA 08.02.02.029 (Reserved)

IDAPA 08.02.02.042 Alternative Authorization

Alternative authorization allows a local education agency to request certification for a candidate. This authorization grants an interim certificate that allows individuals to serve as the teacher of record while pursuing standard certification. Evidence of satisfactory progress toward standard certification must be provided each year. Individuals who hold a current instructional certificate may obtain additional endorsements through an alternative authorization as prescribed in Subsection 021 of these rules.(4-6-23)

01.Alternative Authorization -- Teacher to New Certification. This alternative authorization allows a local education agency to request additional certification for a candidate who already holds a current Idaho certificate in good standing to add an additional type of certificate in a new certification area.(4-6-23)

a.Prior to application, the candidate must hold a baccalaureate degree or higher and a current and valid Idaho certificate. The local education agency must attest to the candidate’s ability to fill the position. (3-15-22)

b.The candidate must participate in a state board- approved educator preparation program. (3-15-22)

i.The candidate will work toward completion of a state board-approved educator preparation program. The candidate must complete a minimum of nine (9) semester credits annually to maintain continued eligibility for the interim certificate; and(4-6-23)

ii.The participating educator preparation program shall provide procedures to assess and credit equivalent knowledge, dispositions, and relevant life/work experiences toward program completion requirements.

02.Alternative Authorization -- Content Specialist. This alternative authorization allows a local education agency to request an interim certificate for an individual who possesses distinct content knowledge and skills to teach in a content area.(4-6-23)

a.Initial Qualifications.(3-15-22)

i.A candidate must hold a baccalaureate degree or have completed all of the requirements of a baccalaureate degree except the student teaching portion; and(3-15-22)

ii.Prior to entering the classroom, the local education agency shall ensure the candidate is qualified to teach in the content area. The candidate shall meet or exceed the state qualifying score on the appropriate state boardapproved content or pedagogy assessment, including demonstration of content knowledge through a combination of employment, experience, and education.(3-15-22)

b.State Board Approved Educator Preparation Program.(3-15-22)

i.Prior to authorization, a consortium comprised of a state board-approved educator preparation program representative, a local education agency representative, and the candidate shall determine the preparation needed and develop a plan to meet the Idaho Standards for Initial Certification of Professional School Personnel. The educator preparation program shall provide procedures to assess and credit: equivalent knowledge, dispositions, and relevant life or work experiences. The plan must include a state board-approved mentoring program. While teaching under the alternative authorization, the mentor shall provide a minimum of one (1) classroom observation per month, which will include feedback and reflection. The plan must include annual progress goals that must be met for continued eligibility;(4-6-23)

ii.The candidate must complete a minimum of nine (9) semester credit hours or its equivalent of accelerated study in education pedagogy prior to the end of the first year of authorization. The number of required credits will be specified in the consortium developed plan; and(3-15-22)

iii.At the time of authorization the candidate must enroll in and work toward completion of the plan.

The candidate must complete a minimum of nine (9) semester credits or equivalent annually to maintain eligibility for the interim certificate. The candidate must complete the plan to move to a standard instructional certificate. (4-6-23)

c.Career Technical Education Industry-based Route Plan. Local education agencies with candidates seeking a limited occupational specialist certification may request approval, with an approved division of career technical education alternative authorization route plan, to meet the program of study requirements.(4-6-23)

03.Alternative Authorization - Pupil Service Staff.

This alternative authorization allows a local education agency to request interim certification and endorsement for a candidate when a position requiring the Pupil Service Staff Certificate cannot be filled.(4-6-23)

a.Initial Qualifications. The applicant must complete the following:(3-15-22)

i.Prior to application, a candidate must hold a baccalaureate degree or higher; and(3-15-22)

ii.The local education agency must attest to the ability of the candidate to fill the position. (3-15-22)

b.Educator Preparation Program.(3-15-22)

i.At the time of authorization the candidate must enroll in and work toward completion of a state board approved educator preparation program through a participating college or university and the local education agency. The educator preparation program must include annual progress goals.(4-6-23)

ii.The candidate must complete a minimum of nine (9) semester credits or equivalent annually to maintain eligibility for the interim certificate.(4-6-23)

iii.The participating educator preparation program will provide procedures to assess and credit equivalent knowledge, dispositions, and relevant life/work experiences.(3-15-22)

iv.The candidate must meet all requirements for the endorsement/certificate as provided herein.

IDAPA 08.02.02.043 (Reserved)

IDAPA 08.02.02.060 Application Procedures / Professional Development

To obtain a new, renew, or reinstate an Idaho Educator Credential, the applicant mus t submit an application on a form supplied by the State Department of Education or the Division of Career Technical Education as applicable to the type of certificate. All applications for new, renewed, or reinstated occupational specialist certificates must be submitted to the Division of Career Technical Education. The following requirements must be met to renew or reinstate an Idaho Educator Credential.(3-15-22)

01.State Board of Education Requirements for Professional Development. All certificated personnel must complete at least six (6) semester credit hours or equivalent professional development within the five (5) year validity period of the certificate being renewed.(3-15-22)

02.Credit. Graduate or undergraduate credit will be accepted for renewal. Credit must be transcripted and completed through a college or university accredited by an entity recognized by the state board of education.

a.At least three (3) semester credits shall be taken for postsecondary credit and verified by official or unofficial transcript. Individuals found to have intentionally altered transcripts used for verification, who would have not otherwise met this renewal requirement, will be investigated for violations of the Code of Ethics for Idaho Professional Educators. Any such violations may result in disciplinary action.(3-15-22)

b.Credits taken for certificate renewal must be related to the individualized professional learning plan or the professional practice of the applicant.(3-15-22)

i.Credits must be specifically tied to content areas and/or an area of any other endorsement; or

ii.Credits must be specific to pedagogical best practices or for administrative/teacher leadership; or

iii.Credits must be tied to a specific area of need designated by local education agency administration.

iv.Credits must be taken during the validity period of the certificate.(3-15-22)

c.All requests for equivalent in-service training to apply toward renewal, except occupational specialist certificates, must be approved by the local education agency. Individuals holding Occupational Specialist Certificates must make requests through the Division of Career Technical Education. Applicants must receive approval for in-service training and course work prior to applying for renewal. All in-service training must be aligned with the applicant’s individualized professional learning plan or related to professional practice. Fifteen (15) contact hours are equivalent to one (1) semester credit.(3-15-22)

d.Pupil service staff certificate holders who hold a professional license through the appropriate Idaho state licensing board may use renewal of their professional license toward the renewal of their pupil service staff certificate in lieu of the requirements herein.(3-15-22)

e.Renewal credits may not be carried over from one (1) renewal period to the next.(3-15-22)

03.Professional Development Plans. Local education agencies will have professional development plans.(3-15-22)

IDAPA 08.02.02.061 (Reserved)

IDAPA 08.02.02.066 Fees

The state Department of Education shall m aintain a record of all certificates issued, showing names, dates of issue and renewal, and if revoked, the date thereof and the reason therefor. A nonrefundable fee shall accompany each application for a prekindergarten through grade twelve (12) certificate, alternate certificate, change in certificate or replacement as follows:(3-23-22)

01.Initial Certificate. All types, issued for five (5) years -- seventy-five dollars ($75).(3-23-22)

02.Renewal Certificate. All types, issued for five (5) years -- seventy-five dollars ($75).(3-23-22)

03.Alternate Route Authorization. All types, issued for one (1) year -- one hundred dollars ($100).

04.Additions or Changes During the Life of an Existing Certificate. Twenty-five dollars ($25).

05.To Replace an Existing Certificate. Ten dollars ($10).(3-23-22)

IDAPA 08.02.02.067 (Reserved)

IDAPA 08.02.02.075 Fingerprinting and Background Investigation Checks (sections 33-130 and

33-512, IDAHO CODE).

All individuals who are required by the provisions of Section 33-130, Idaho Code, must undergo a background investigation check.(3-23-22)

01.Definitions.(3-23-22)

a.Applicant. An individual completing a background investigation check as identified in Subsection 075.02 of these rules.(3-23-22)

b.Background Investigation Check. The submission of a completed applicant fingerprint card or scan by an authorized entity submitted under an enacted state statute/local ordinance or federal law, approved by the Attorney General of the United States allowing a search of the state and federal criminal history indices for noncriminal justice purposes including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.(3-23-22)

c.Background Investigation Check Result. The response to a state and federal background investigation check initiated by a fingerprint submission from an authorized entity for non-criminal justice purposes.

Results are returned to the submitting authorized entity by the state criminal history repository (Idaho State Police Bureau of Criminal Investigation).(3-23-22)

d.Break-in-Service. A voluntary or involuntary termination in employment, including retirement.

e.Candidate. An individual attending a postsecondary program.(3-23-22)

f.Contractor. An agency, company/business, or individual that has signed a contract or agreement to provide services to an LEA and private or parochial school.(3-23-22)

g.Employee. A person who is hired for a wage, salary, fee, or payment to perform work for an employer.(3-23-22)

h.Fingerprint Card or Scan. The process for obtaining impressions of an individual’s fingerprint images, both ten (10) individual finger impressions rolled from nail to nail and slap or flat impressions taken simultaneously without rolling. Fingerprints may be recorded utilizing either an inked standard fingerprint card or using a livescan device. Standard fingerprint cards may also be scanned for submission to the state repository for background investigation check purposes.(3-23-22)

i.Rejected Fingerprint Cards or Scans. A fingerprint card or scan that has been returned by the Idaho State Police Bureau of Criminal Identification or Federal Bureau of Investigation for poor quality prints.(3-23-22)

j.Unsupervised Contact. Direct contact or interaction with students not under the direct supervision of an LEA employee in a K-12 setting. This includes contact or interaction with students in scheduled school activities that occur outside of the school or outside of normal school hours.(3-23-22)

02.Individuals Required to Complete a Background Investigation Check.(3-23-22)

a.All applicants for certificates;(3-23-22)

b.Certificated and noncertificated employees;(3-23-22)

c.Substitute teachers;(3-23-22)

d.Contractors who have unsupervised contact with students in a public K-12 setting, including contractors who are providing student services;(3-23-22)

e.Student teachers or any postsecondary candidates who have unsupervised contact with students in a public K-12 setting;(3-23-22)

f.Volunteers who have unsupervised contact with students in a public K-12 setting;(3-23-22)

g.Any individuals who have unsupervised contact with students in a public K-12 setting.(3-23-22)

03.Fee. The State Department of Education shall charge a fee for undergoing a background investigation check pursuant to Section 33-130, Idaho Code.(3-23-22)

04.Rejected Fingerprint Cards or Scans.(3-23-22)

a.When a fingerprint card has been rejected a new completed fingerprint card is required. (3-23-22)

b.The rejected fingerprint card will be sent back to the originating LEA, private or parochial school, contractor, postsecondary program, or individual.(3-23-22)

c.A new fingerprint card must be completed by a law enforcement agency to ensure legible fingerprints. Both the rejected fingerprint card and the new fingerprint card must be returned to the State Department of Education within thirty (30) calendar days.(3-23-22)

d.If the new fingerprint card and rejected fingerprint card are returned after thirty (30) calendar days, a fee, pursuant to Subsection 075.03 of these rules, is required to be paid.(3-23-22)

05.Secured Background Investigation Check Website . The State Department of Education will mai ntain a background investigation check website listing the background investigation check results for review by the LEA, private or parochial school, contractor or postsecondary program. Each LEA, private or parochial school, contractor and postsecondary program will have access to the background investigation check secure site listing their employees, statewide substitute teacher list, and student teacher list.(3-23-22)

6. Background Investigation Checks for Certification.(3-23-22)

a.The State Department of Education will make the final determination if an applicant is eligible for Idaho certification.(3-23-22)

b.If the State Department of Education makes a determination that the applicant is not eligible for Idaho certification, the State Department of Education may deny the applicant Idaho certification. Upon receiving the written denial, the applicant may request a hearing pursuant to Section 33-1209, Idaho Code.(3-23-22)

07.Substitute Teachers. Substitute teachers as defined in Section 33-512(15), Idaho Code, must undergo a background investigation check. The State Department of Education shall maintain a statewide substitute teacher list. To remain on the list a substitute teacher shall undergo a background investigation check every five (5) years in accordance with Section 33-512, Idaho Code.(3-23-22)

08.Break In Service.(3-23-22)

a.When an employee returns to any LEA, private or parochial school, or contractor after a break in service, a new background investigation check must be completed pursuant to Section 33-130, Idaho Code.

b.When an employee changes employment between LEAs a new background investigation check must be completed pursuant to Section 33-130, Idaho Code.(3-23-22)

09.Postsecondary.(3-23-22)

a.The postsecondary program will submit a completed fingerprint card or scan for all candidates who are applying for unsupervised contact with students in a public K-12 setting including student teaching, internships, or other types of candidate training.(3-23-22)

b.The State Department of Education will make a preliminary determination based on the CHC result if the candidate is eligible for certification in Idaho. This decision will be forwarded to the postsecondary program concerning the eligibility of their candidate.(3-23-22)

IDAPA 08.02.02.076 Code of Ethics for Idaho Professional Educators (sections 33-1208 and 33-

1209, IDAHO CODE).

Believing in the worth and dignity of each human being, the professional educator recognizes the supreme importance of pursuing truth, striving toward excellence, nurturing democratic citizenship and safeguarding the freedom to learn and to teach while guaranteeing equal educational opportunity for all. The professional educator accepts the responsibility to practice the profession according to the highest ethical principles. The Code of Ethics for Idaho Professional Educators symbolizes the commitment of all Idaho educators and provides principles by which to judge conduct.(3-15-22)

01.Aspirations and Commitments.(3-15-22)

a.The professional educator aspires to stimulate the spirit of inquiry in students and to provide opportunities in the school setting that will help them acquire viable knowledge, skills, and understanding that will meet their needs now and in the future.(3-15-22)

b.The professional educator provides an environment that is safe to the cognitive, physical and psychological well-being of students and provides opportunities for each student to move toward the realization of his goals and potential as an effective citizen.(3-15-22)

c.The professional educator, recognizing that students need role models, will act, speak and teach in such a manner as to exemplify nondiscriminatory behavior and encourage respect for other cultures and beliefs.

d.The professional educator is committed to the public good and will help preserve and promote the principles of democracy. He will provide input to the local school board to assist in the board’s mission of developing and implementing sound educational policy, while promoting a climate in which the exercise of professional judgment is encouraged.(3-15-22)

e.The professional educator believes the quality of services rendered by the education profession directly influences the nation and its citizens. He strives, therefore, to establish and maintain the highest set of professional principles of behavior, to improve educational practice, and to achieve conditions that attract highly qualified persons to the profession.(3-15-22)

f.The professional educator regards the employment agreement as a pledge to be executed in a manner consistent with the highest ideals of professional service. He believes that sound professional personal relationships with colleagues, governing boards, and community members are built upon integrity, dignity, and mutual respect. The professional educator encourages the practice of the profession only by qualified persons.

02.Principle I - Professional Conduct. A professional educator abides by all federal, state, and local education laws and statutes. Unethical conduct shall include the conviction of any felony or misdemeanor offense set forth in Section 33-1208, Idaho Code.(3-15-22)

03.Principle II - Educator/Student Relationship. A professional educator maintains a professional relationship with all students, both inside and outside the physical and virtual classroom. All digital communication with students must occur on a device and platform approved by the district and on a school-based account. Unethical conduct includes, but is not limited to:(7-1-26)

a.Committing any act of child abuse, including physical or emotional abuse;(3-15-22)

b.Committing any act of cruelty to children or any act of child endangerment;(3-15-22)

c.Committing or soliciting any sexual act from any minor or any student regardless of age; (3-15-22)

d.Committing any act of harassment as defined by local education agency policy;(3-15-22)

e.Soliciting, encouraging, or consummating a romantic relationship (whether written, verbal, virtual, or physical) with a student, regardless of age;(3-15-22)

f.Soliciting or encouraging any form of personal relationship with a student that a reasonable educator would view as undermining the professional boundaries necessary to sustain an effective educator-student relationship;(3-15-22)

g.Using inappropriate language including, but not limited to, swearing and improper sexual comments (e.g., sexual innuendos or sexual idiomatic phrases);(3-15-22)

h.Taking or possessing images (digital, photographic, or video) of students of a harassing, confidential, or sexual nature;(3-15-22)

i.Inappropriate contact with any minor or any student regardless of age using electronic or social media;

j.Fu rnishing alcohol or illegal or unauthorized drugs to any student or allowing or encouraging a student to consume alcohol or unauthorized drugs except in a medical emergency;(3-15-22)

k.Conduct that is detrimental to the health or welfare of students; and(3-15-22)

l. Deliberately falsifying information presented to students.(3-15-22)

04.Principle III - Alcohol and Drugs Use or Possession. A professional educator refrains from the abuse of alcohol or drugs during the course of professional practice. Unethical conduct includes, but is not limited to:

a.Being on school premises or at any school-sponsored activity, home or away, involving students while possessing, using, or consuming illegal or unauthorized drugs;(3-15-22)

b.Being on school premises or at any school-sponsored activity, home or away, involving students while possessing, using, or consuming alcohol;(3-15-22)

c.Inappropriate or illegal use of prescription medications on school premises or at any schoolsponsored events, home or away;(3-15-22)

d.Inappropriate or illegal use of drugs or alcohol that impairs the individual’s ability to function; and

e.Possession of an illegal drug as defined in Title 37, Chapter 27, Idaho Code, Uniform Controlled Substances.(7-1-26)

05.Principle IV - Professional Integrity. A professional educator exemplifies honesty and integrity in the course of professional practice. Unethical conduct includes, but is not limited to:(3-15-22)

a.Fraudulently altering or preparing materials for licensure or employment;(3-15-22)

b.Falsifying or deliberately misrepresenting professional qualifications, degrees, academic awards, and related employment history when applying for employment or licensure;(3-15-22)

c.Failure to notify the state at the time of application for licensure of past revocations or suspensions of a certificate or license from another state;(3-15-22)

d.Failure to notify the state at the time of application for licensure of past criminal convictions of any crime violating the statutes or rules governing teacher certification;(3-15-22)

e.Falsifying, deliberately misrepresenting, or deliberately omitting information regarding the evaluation of students or personnel, including improper administration of any standardized tests (changing test answers; copying or teaching identified test items; unauthorized reading of the test to students, etc.);(3-15-22)

f.Falsifying, deliberately misrepresenting, or deliberately omitting reasons for absences or leaves;

g.Falsifying, deliberately misrepresenting, or deliberately omitting information submitted in the course of an official inquiry or investigation;(3-15-22)

h.Falsifying, deliberately misrepresenting, or deliberately omitting material information on an official evaluation of colleagues; and(3-15-22)

i.Failure to notify the state of any criminal conviction of a crime violating the statutes and/or rules governing teacher certification.(3-15-22)

06.Principle V - Funds and Property. A professional educator entrusted with public funds and property honors that trust with a high level of honesty, accuracy, and responsibility. Unethical conduct includes, but is not limited to:

a.Misuse, or u nauthorized use, of public or school-related funds or property including a device or platform approved by the district or on a school-based account;(7-1-26)

b.Failure to account for school funds collected from students, parents, patrons, or other donors from all sources, including online donation platforms;(3-15-22)

c.Submission of fraudulent requests for reimbursement of expenses or for pay;(3-15-22)

d.Co-mingling of public or school-related funds in personal account(s);(7-1-26)

e.Unauthorized use of school property for private financial gain;(7-1-26)

f.Engaging in sexually explicit activity on a device or platform approved by the district or on a school-based account, including, but not limited to, viewing pornographic or sexually explicit images, engaging in sexually explicit conversations, or creating or exchanging any type of sexually explicit content; and,(7-1-26)

g.Deliberate use of poor budgeting or accounting practices.(3-15-22)

07.Principle VI - Compensation. A professional educator maintains integrity with students, colleagues, parents, patrons, or business personnel when accepting gifts, gratuities, favors, and additional compensation. Unethical conduct includes, but is not limited to:(3-15-22)

a.Unauthorized solicitation of students or parents of students to purchase equipment, supplies, or services from the educator who will directly benefit;(3-15-22)

b.Acceptance of gifts from vendors or potential vendors for personal use or gain where there may be the appearance of a conflict of interest;(3-15-22)

c.Tutoring students assigned to the educator for remuneration unless approved by the local board of education;(7-1-26)

d.Soliciting, accepting, or receiving a financial benefit greater than fifty dollars ($50) as defined in Section 18-1359(b), Idaho Code; and,(7-1-26)

e.Keeping for oneself donations, whether money or items, that were solicited or accepted for the benefit of a student, class, classroom, or school.(3-15-22)

08.Principle VII - Confidentiality. A professional educator complies with state and federal laws and local school board policies relating to the confidentiality of student and employee records, unless disclosure is required or permitted by law. Unethical conduct includes, but is not limited to:(3-15-22)

a.Sharing of confidential information concerning student academic and disciplinary records, personal confidences, health and medical information, family status or income, and assessment or testing results with inappropriate individuals or entities; and(3-15-22)

b.Sharing of confidential information about colleagues obtained through employment practices with inappropriate individuals or entities.(3-15-22)

09.Principle VIII - Breach of Contract or Abandonment of Employment. A professional educator fulfills all terms and obligations detailed in the contract with the local board of education or education agency for the duration of the contract. Unethical conduct includes, but is not limited to:(3-15-22) a.

Abandoning any contract for professional services without the prior written release from the cont ract by the employing local education agency;(3-15-22)

b.Willfully refusing to perform the services required by a contract; and,(3-15-22)

c.Abandonment of classroom or failure to provide appropriate supervision of students at school or school-sponsored activities to ensure the safety and well-being of students.(3-15-22)

10.Principle IX - Duty to Report. A professional educator reports breaches of the Code of Ethics for Idaho Professional Educators and submits reports as required by Idaho Code. Unethical conduct includes, but is not limited to:(3-15-22)

a.Failure to comply with Section 33-1208A, Idaho Code, (reporting requirements and immunity);

b.Failure to comply with Section 16-1605, Idaho Code, (reporting of child abuse, abandonment or neglect);(3-15-22)

c.Failure to comply with Section 33-512B, Idaho Code, (suicidal tendencies and duty to warn); and

d.Having knowledge of a violation of the Code of Ethics for Idaho Professional Educators and failing to report the violation to an appropriate education official.(3-15-22)

11.Principle X - Professionalism. A professional educator ensures just and equitable treatment for all members of the profession in the exercise of academic freedom, professional rights and responsibilities. A professional educator follows generally recognized professional principles. Unethical conduct includes, but is not limited to:(7-1-26)

a.Any conduct that seriously impairs the Certificate holder’s ability to teach or perform his professional duties;(3-15-22)

b.Committing any act of harassment toward a colleague;(3-15-22)

c.Failure to cooperate with the Professional Standards Commission in inquiries, investigations, or hearings;(3-15-22)

d.Using institutional privileges for the promotion of political candidates or for political activities, except for local, state or national education association elections;(3-15-22)

e.Willfully interfering with the free participation of colleagues in professional associations; and

f.Taking, possessing, or sharing images (digital, photographic, or video) of colleagues of a harassing, confidential, or sexual nature.(3-15-22)

IDAPA 08.02.02.077 Definitions for Use with the Code of Ethics for Idaho Professional

EDUCATORS (SECTIONS 33-1208 AND 33-1209, IDAHO CODE).

01.Administrative Complaint.

A document outlining the specific, purported violations of Section 33- 1208, Idaho Code, or the Code of Ethics for Idaho Professional Educators.(3-15-22)

02.Educator. A person who held, holds, or applies for an Idaho Certificate (Section 33-1201, Idaho Code).(3-15-22)

03.Education Official. An individual identified by local school board policy, including, but not limited to, a superintendent, principal, assistant principal, or school resource officer (SRO).(3-15-22)

04.Executive Committee. A decision-making body comprised of members of the Professional Standards Commission, including the chair and/or vice-chair of the Commission. A prime duty of the Committee is to review alleged violations of the Code of Ethics for Idaho Professional Educators to determine probable cause and recommend possible disciplinary action.(3-15-22)

05.Hearing. A formal review proceeding that ensures the respondent due process. The request for a hearing is initiated by the respondent and is conducted by a panel of peers.(3-15-22)

06.Hearing Panel. A minimum of three (3) educators appointed by the chair of the Professional Standards Commission and charged with the responsibility to make a final determination regarding the charges specifically defined in the Administrative Complaint.(3-15-22)

07.Investigation. The process of gathering factual information concerning a valid, written complaint in preparation for review by the Professional Standards Commission Executive Committee, or following review by the Executive Committee at the request of the deputy attorney general assigned to the Professional Standards Commission.(3-15-22)

08.No Probable Cause. A determination by the Executive Committee that there is not sufficient evidence to take action against an educator’s certificate.(3-15-22)

09.Principles. Guiding behaviors that reflect what is expected of professional educators in the state of Idaho while performing duties as educators in both the private and public sectors.(3-15-22)

10.Probable Cause. A determination by the Executive Committee that sufficient evidence exists to issue an administrative complaint.(3-15-22)

11.Respondent. The legal term for the professional educator who is under investigation for a purported violation of the Code of Ethics for Idaho Professional Educators.(3-15-22)

12.Revocation. The invalidation of any Certificate held by the educator.(3-15-22)

13.Stipulated Agreement. A written agreement between the respondent and the Professional Standards Commission to resolve matters arising from an allegation of unethical conduct following a complaint or an investigation. The stipulated agreement is binding to both parties and is enforceable under its own terms.(3-15-22)

IDAPA 08.02.02.078 (Reserved)

IDAPA 08.02.02.100 Official Vehicle for Approving Educator Preparation Programs

01.The Official Vehicle for the Approval of Traditional Educator Preparation Programs.

Traditional educator preparation programs will be accredited by an accrediting body that approves educator preparation programs and is recognized by the state board of education and meets the board approved Idaho Standards for the Initial Certification of Professional School Personnel. The Idaho Standards for the Initial Certification of Professional School Personnel will be posted on the state board of education and state department of education websites. All standards will include an implementation date.(4-6-23)

02.Non-Traditional Educator Preparation Program. To be considered for approval each nontraditional educator preparation program must include the following components:(3-15-22)

a.Assessment of pedagogy and content knowledge; and(3-15-22)

b.Alignment to the Idaho Standards for the Initial Certification of Professional School Personnel.

03.Continuing Approval. Approved educator preparation programs will be reviewed for continued approval on a timeline and in a format established by the state board of education. Program reviews will take into consideration the instructional methodology used by the approved program.(3-15-22)

04.Payment Responsibilities for Educator Preparation Program Reviews. The Professional Standards Commission is responsible for Idaho educator preparation program reviews, including assigning responsibility for paying for program reviews. To implement the reviews, it is necessary that:(3-15-22)

a.The Professional Standards Commission pay for all state review team expenses for on-site teacher preparation reviews from its budget.(3-15-22)

b.Requesting institutions pay for all other expenses related to on-site educator preparation program reviews, including all standards review.(3-15-22)

IDAPA 08.02.02.101 (Reserved)

IDAPA 08.02.02.110 Personnel Standards

The State Board of Education supports the efforts made by the Idaho Legi slature to lower class size. Districts are encouraged to lower all class sizes as funds become available. Each district will develop personnel policies and procedures to implement the educational program of the district. The policies and procedures will address representation in each of the following personnel areas, as appropriate to student enrollment and the needs of each attendance area. Districts should strive to achieve ratios consistent with the following state class size ratio goals.

INSTRUCTIONAL PERSONNEL

Schools are encouraged to explore technological options that provide for credible alternative delivery systems.

Present and emerging information transmission technology may provide for greater teacher/pupil class size ratios. * The stated pupil to personnel ratio is the goal; each school district will assign personnel as appropriate to student enrollment and the needs of each attendance area.

Classroom Assistants - State Goal: will be provided where the student/teacher ratio is deemed excessive by the district or where other student special needs exist (e.g., limited English proficiency or special education).

Classified Personnel - State Goal: will be employed in each building to support the needs of the staff, students, and community.(4-6-23)

IDAPA 08.02.02.111 Bullying, Harassment and Intimidation Prevention and Response

01.Dissemination of Information. School districts and charter schools shall make reasonable efforts to ensure that information on harassment, intimidation and bullying of students is disseminated annually to all school personnel, parents and students.(3-15-22)

02.Professional Development. The content of ongoing professional development for school staff related to bullying, harassment and intimidation shall include:(3-15-22)

a.School philosophy regarding school climate and student behavior expectations;(3-15-22)

TEACHERSSTATE GOALS

Kindergarten20 Grades 1, 2, 320 Grades 4, 5, 626 Middle School/Jr. High160 teacher load High School160 teacher load Alternative School (7-12)18 average daily class load PUPIL PERSONNEL (Certificated School Counselors, Social Workers, Psychologists) 250:1 * student/district average Secondary Media Generalist and Assistants500:1 * student/district average Elementary Media Generalist or Assistants500:1 * student/district average Building Administrative PersonnelNot to exceed 500:1 * district average

b.Definitions of bullying, harassment, and intimidation;(3-15-22)

c.School prevention strategies or programs including the identification of materials to be distributed annually to students and parents;(3-15-22)

d.Expectations of staff intervention for bullying, harassment, and intimidation;(3-15-22)

e.School process for responding to bullying, harassment, and intimidation including the reporting process for students and staff, investigation protocol, the involvement of law enforcement, related student support services and parental involvement; and(3-15-22)

f.Other topics as determined appropriate by the school district or charter school.(3-15-22)

03.Graduated Consequences. Graduated consequences for a student who commits acts of bullying, harassment, and intimidation shall include a series of measures proportional to the act(s) committed and appropriate to the severity of the violation as determined by the school board of trustees, school administrators, or designated personnel depending upon the level of discipline. Graduated consequences should be in accordance with the nature of the behavior, the developmental age of the student, and the student’s history of problem behaviors and performance.

a.Graduated consequences may include, but are not limited to:(3-15-22)

i.Meeting with the school counselor;(3-15-22)

ii.Meeting with the school principal and student’s parents or guardian;(3-15-22)

iii.Detention, suspension or special programs; and(3-15-22)

iv.Expulsion.(3-15-22)

b.The graduated consequences are not intended to prevent or prohibit the referral of a student who commits acts of harassment, intimidation or bullying to available outside counseling services or to law enforcement, or both, pursuant to Section 18-917A, Idaho Code.(3-15-22)

c.Students with disabilities may be afforded additional protections under the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act; school districts and charter schools shall comply with applicable state and federal law when disciplining students with individualized education programs (IEPs) or 504 plans for committing acts of bullying, harassment, and intimidation.(3-15-22)

04.Intervention. School district and charter school employees are authorized and expected to intervene or facilitate intervention on behalf of students facing harassment, intimidation, and bullying. Intervention shall be reasonably calculated to:(3-15-22)

a.Correct the problem behavior;(3-15-22)

b.Prevent another occurrence of the problem;(3-15-22)

c.Protect and provide support for the victim of the act; and(3-15-22)

d.Take corrective action for documented systemic problems related to harassment, intimidation, or bullying.(3-15-22)

05.Reporting. Annual reporting will occur at the end of the school year through an aggregate report identifying the total number of bullying incidents by school districts and charter schools, grade level, gender, and repeat offenders. The State Department of Education shall provide school districts and charter schools with the guidelines and forms for reporting.(3-15-22)

IDAPA 08.02.02.112 Suicide Prevention in Schools

As schools offer annual professional development for school st aff related to preventing, intervening, and responding to suicide, the content shall include:(3-15-22)

01.Prevention. School philosophy regarding school climate and the promotion of protective factors; data on suicide for the region or state, or both; risk and protective factors for students; suicide myths and facts; and how to develop community partnerships.(3-15-22)

02.Intervention. How to utilize safe and appropriate language and messaging when addressing students; warning signs of suicide ideation for students; local and school-based protocols for aiding a suicidal individual; local protocols for seeking help for self and students; identification of appropriate mental health services and community resources for referring students and their families; information about state statutes on responsibility, liability, and duty to warn; confidentiality issues; and the need to ask others directly if they are suicidal.(3-15-22)

03.Postvention. Evidence-based protocol for responding to a student/staff suicide.(3-15-22)

IDAPA 08.02.02.113 (Reserved)

IDAPA 08.02.02.120 Local District Evaluation Policy -- Instructional Staff and Pupil Service

STAFF CERTIFICATE HOLDERS.

Each school district board of trustees will develop and adop t policies for certified staff performance evaluation using multiple measures in which criteria and procedures for the evaluation of certificated personnel are research based. For pupil service staff, those standards shall be aligned with the profession’s national standards. For instructional staff, those standards shall be aligned to the state evaluation framework, Charlotte Danielson Framework for Teaching Second Edition, domains and components specified in Subsection 120.01 of this rule, and must be determined based on professional practice. For all certification personnel, domain or component ratings, or both, may be weighted based on the individual’s individualized professional learning plan. If weighting the summative evaluation toward only two or three of the domains, the evaluation must indicate how this aligns with the individualized professional learning plan. The summative evaluation rating must be based on a combination of professional practice and student achievement as specified in Subsections 120.02 and 120.03. The process of developing criteria and procedures for certificated personnel evaluation will allow opportunities for input from those affected by the evaluation; i.e., trustees, administrators, teachers, and parents. The evaluation policy will be a matter of public record and communicated to the certificated personnel for whom it is written.(3-15-22)

01.Standards. Each district evaluation model shall be aligned to state evaluation framework minimum standards that are based on Charlotte Danielson’s Framework for Teaching Second Edition domains and components of instruction. Those domains and components include:(3-15-22)

a.Domain 1 - Planning and Preparation:(3-15-22)

i.Demonstrating Knowledge of Content and Pedagogy;(3-15-22)

ii.Demonstrating Knowledge of Students;(3-15-22)

iii.Setting Instructional Outcomes;(3-15-22)

iv.Demonstrating Knowledge of Resources;(3-15-22)

v.Designing Coherent Instruction; and(3-15-22)

vi.Designing Student Assessments.(3-15-22)

b.Domain 2 - The Classroom Environment:(3-15-22)

i.Creating an Environment of Respect and Rapport;(3-15-22)

ii.Establishing a Culture for Learning;(3-15-22)

iii.Managing Classroom Procedures;(3-15-22)

iv.Managing Student Behavior; and(3-15-22)

v.Organizing Physical Space.(3-15-22)

c.Domain 3 - Instruction and Use of Assessment:(3-15-22)

i.Communicating with Students;(3-15-22)

ii.Using Questioning and Discussion Techniques;(3-15-22)

iii.Engaging Students in Learning;(3-15-22)

iv.Using Assessment in Instruction; and(3-15-22)

v.Demonstrating Flexibility and Responsiveness.(3-15-22)

d.Domain 4 - Professional Responsibilities:(3-15-22)

i.Reflecting on Teaching;(3-15-22)

ii.Maintaining Accurate Records;(3-15-22)

iii.Communicating with Families;(3-15-22)

iv.Participating in a Professional Community;(3-15-22)

v.Growing and Developing Professionally; and(3-15-22)

vi.Showing Professionalism.(3-15-22)

02.Professional Practice. All certificated instructional employees must receive an evaluation in which at least a majority of the evaluation ratings must be based on Professional Practice. All measures included within the Professional Practice portion of the evaluation must be aligned to the state evaluation framework domains and components. Professional Practice shall include a minimum of two (2) documented observations annually, with at least one (1) observation being completed by January 1 of each year. In situations where certificated personnel are unavailable for two (2) documented classroom observations, due to situations such as long-term illness, late year hire, etc., one (1) documented classroom observation is acceptable. At least one (1) documented summative evaluation must include a rating for all components within each domain or indicate how the evaluation is weighted toward specific domains and aligned to the individualized professional learning plan of the applicable professional standards used for evaluation of certified personnel. In addition to the domains and components of the state evaluation framework, district evaluation models shall also include at least one (1) of the following as a measure to inform the Professional Practice portion of each certificated instructional employee evaluations:(3-15-22)

a.Parent/guardian input;(3-15-22)

b.Student input; and/or(3-15-22)

c.Portfolios.(3-15-22)

03.Student Achievement. Instructional staff summative evaluation ratings must in part be based on measurable student achievement, as defined in Section 33-1001, Idaho Code, as applicable to the subjects and grade ranges taught by the instructional staff. All other certificated staff evaluations must include measurable student achievement or student success indicators, as defined in Section 33-1001, Idaho Code, as applicable to the position.

This portion of the evaluation may be calculated using current and/or the immediate past year's data and may use one (1) year or both years’ data. Growth in student achievement may be considered as an optional measure for all other school based and district based staff, as determined by the local board of trustees.(3-15-22)

04.Participants. Each district evaluation policy will include provisions for evaluating all certificated employees identified in Section 33-1001, Idaho Code. Evaluations shall be differentiated for certificated noninstructional employees and Pupil Service Staff Certificate holders in a way that aligns with the state evaluation framework to the extent possible and aligned to the pupil service staff’s applicable national standards. Policies for evaluating certificated employees should identify the differences, if any, in the conduct of evaluations for nonrenewable contract personnel and renewable contract personnel.(3-15-22)

05.Evaluation Policy – Content. Local school district policies will include, at a minimum, the following information:(3-15-22)

a.Evaluation criteria -- statements of the criteria upon which certificated personnel will be evaluated and rated.(3-15-22)

b.Evaluator -- identification of the individuals responsible for observing or evaluating certificated instructional staff and pupil service staff performance. The individuals assigned this responsibility shall have received training in conducting evaluations based on the statewide framework for evaluations within the immediate previous five (5) years of conducting any evaluations.(3-15-22)

c.Communication of results -- the method by which certificated personnel are informed of the results of evaluation.(3-15-22)

d.Personnel actions -- the action available to the school district as a result of the evaluation and the procedures for implementing these actions; e.g., job status change. Note: in the event the action taken as a result of evaluation is to not renew an individual’s contract or to renew an individual’s contract at a reduced rate, school districts should take proper steps to follow the procedures outlined in Sections 33-513 through 33-515, Idaho Code in order to assure the due process rights of all personnel.(3-15-22)

e.Appeal -- the procedure available to the individual for appeal or rebuttal when disagreement exists regarding the results of certificated personnel evaluations.(3-15-22)

f.Individualizing teacher evaluation rating system -- a plan for how evaluations will be used to identify proficiency and record growth over time and be used to develop individualized professional learning plans.

Districts shall have an individualized teacher evaluation rating system with a minimum of three (3) ratings used to differentiate performance of teachers and Pupil Service Staff Certificate holders including:(3-15-22)

i.Unsatisfactory being equal to “1”;(3-15-22) ii.

Basic being equal to “2”; and(3-15-22)

iii.Proficient being equal to “3”.(3-15-22)

iv.A fourth evaluation rating of Distinguished, being equal to “4,” may be used in addition to the three (3) minimum ratings at the discretion of the school district or charter school.(3-15-22)

g.A plan for including all stakeholders including, but not limited to, teachers, board members, administrators, and parents in the development and ongoing review of their teacher evaluation plan.(3-15-22)

06.Evaluation Policy – Frequency of Evaluation. The evaluation policy shall include a provision for evaluating all certificated personnel on a fair and consistent basis.(3-15-22)

07.Evaluation Policy - Personnel Records. Permanent records of each certificated personnel evaluation will be maintained in the employee’s personnel file. All evaluation records will be kept confidential within the parameters identified in federal and state regulations regarding the right to privacy (Section 33-518, Idaho Code).

Local school districts shall report the ratings of individual certificated personnel evaluations to the State Department of Education annually for State and Federal reporting purposes. The State Department of Education shall ensure that the privacy of all certificated personnel is protected by not releasing statistical data of evaluation ratings in local school districts with fewer than five (5) teachers and by only reporting that information in the aggregate by local school district.(3-15-22)

08.Evaluation System Approval. Each school district board of trustees will develop and adopt policies for teacher and Pupil Service Staff certificated performance evaluation in which criteria and procedures for the evaluation are research based and aligned with the state evaluation framework and national standards for pupil service staff as applicable. By July 1, 2014, an evaluation plan which incorporates all of the above elements shall be submitted to the State Department of Education for approval. Once approved, subsequent changes made in the evaluation system shall be resubmitted for approval.(3-15-22)

IDAPA 08.02.02.121 Local District Evaluation Policy – School Administrator

All school and school district administrators must receive an annual evaluation. Individuals serving in the role of superintendent or its equivalent shall be evaluated by the local board of trustees. Individuals serving in the capacity of a school district superintendent shall be evaluated based on the school district evaluation policy for superintendents.

For principal and other school level administrator evaluations, each school district board of trustees will develop and adopt policies for performance evaluation using multiple measures in which criteria and procedures for the evaluation of administratively certificated personnel serving as school principal or other school level administrators are research based and aligned to the standards and requirements outlined in Subsections 121.01 through 121.07 of this rule. For Special Education Directors, standards aligned with the profession’s national standards may replace those outlined in Subsection 121.01. The process of developing criteria and procedures for administrator evaluations will allow opportunities for input from those affected by the evaluation; i.e., trustees, administrators, teachers and parents. The evaluation policy will be a matter of public record and communicated to the principal for whom it is written.

01.Standards. Each district principal and school level administrator evaluation model shall be aligned to state minimum standards based on the Interstate School Leaders Licensure Consortium (ISLLC) standards and include proof of proficiency in conducting teacher evaluations using the state’s framework for evaluations, the state evaluation framework. Proof of training in evaluating teacher performance shall be required of all individuals assigned the responsibility for observing or evaluating certificated personnel performance. Principal evaluation standards shall additionally address the following domains and components:(3-15-22)

a.Domain 1: School Climate - An educational leader promotes the success of all students by advocating, nurturing and sustaining a school culture and instructional program conducive to student learning and staff professional development. An educational leader articulates and promotes high expectations for teaching and learning while responding to diverse community interest and needs.(3-15-22)

i.School Culture - Principal establishes a safe, collaborative, and supportive culture ensuring all students are successfully prepared to meet the requirements for tomorrow’s careers and life endeavors.(3-15-22)

ii.Communication - Principal is proactive in communicating the vision and goals of the school or district, the plans for the future, and the successes and challenges to all stakeholders.(3-15-22)

iii.Advocacy - Principal advocates for education, the district and school, teachers, parents, and students that engenders school support and involvement.(3-15-22)

b.Domain 2: Collaborative Leadership - An educational leader promotes the success of all students by ensuring management of the organization, operations and resources for a safe, efficient and effective learning environment. In collaboration with others, uses appropriate data to establish rigorous, concrete goals in the context of student achievement and instructional programs. The educational leader uses research and/or best practices in im proving the education program.(3-15-22)

i.Shared Leadership - Principal fosters shared leadership that takes advantage of individual expertise, strengths, and talents, and cultivates professional growth.(3-15-22)

ii.Priority Management - Principal organizes time and delegates responsibilities to balance administrative/managerial, educational, and community leadership priorities.(3-15-22)

iii.Transparency - Principal seeks input from stakeholders and takes all perspectives into consideration when making decisions.(3-15-22)

iv.Leadership Renewal - Principal strives to continuously improve leadership skills through, professional development, self-reflection, and utilization of input from others.(3-15-22)

v.Accountability - Principal establishes high standards for professional, legal, ethical, and fiscal accountability for self and others.(3-15-22)

c.Domain 3: Instructional Leadership - An educational leader promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. The educational leader provides leadership for major initiatives and change efforts and uses research and/or best practices in improving the education program.(3-15-22)

i.Innovation - Principal seeks and implements innovative and effective solutions that comply with general and special education law.(3-15-22)

ii.Instructional Vision - Principal insures that instruction is guided by a shared, research-based instructional vision that articulates what students do to effectively learn.(3-15-22)

iii.High Expectations - Principal sets high expectation for all students academically, behaviorally, and in all aspects of student well-being.(3-15-22)

iv.Continuous Improvement of Instruction - Principal has proof of proficiency in assessing teacher performance based upon the state evaluation framework. Aligns resources, policies, and procedures toward continuous improvement of instructional practice guided by the instructional vision.(3-15-22)

v.Evaluation - Principal uses teacher/principal evaluation and other formative feedback mechanisms to continuously improve teacher/principal effectiveness.(3-15-22)

vi.Recruitment and Retention -Principal recruits and maintains a high quality staff.(3-15-22)

02.Professional Practice. All principals must receive an evaluation in which a majority of the summative evaluation results are based on Professional Practice. All measures included within the Professional Practice portion of the evaluation must be aligned to the Domains and Components listed in Subsection 121.01.a. through 121.01.c. of this rule. As a measure to inform the Professional Practice portion of each evaluation, district evaluation models shall also include at least one (1) of the following:(3-15-22)

a.Parent/guardian input;(3-15-22)

b.Teacher input;(3-15-22)

c.Student input; and/or(3-15-22)

d.Portfolios.(3-15-22)

03.Student Achievement. All administrators must receive an evaluation in which part of the summative evaluation results are based in part on objective measures of growth in measurable student achievement, as defined in Section 33-1001, Idaho Code. This portion of the evaluation may be calculated using current and/or the immediate past year’s data and may use one (1) or both years data. Growth in student achievement may be considered as an optional measure for all other school based and district based administrators, as determined by the local board of t rustees.(3-15-22)

04.Evaluation Policy - Content. For evaluations conducted on or after July 1, 2014, local school district policies will include, at a minimum, the following information:(3-15-22)

a.Evaluation criteria -- statements of the criteria upon which administrators will be evaluated.

b.Evaluator -- identification of the individuals responsible for observing or evaluating school level administrator performance. The individuals assigned this responsibility shall have received training in administrator evaluations based on the statewide framework for evaluations.(3-15-22)

c.Communication of results -- the method by which principals are informed of the results of evaluation.(3-15-22)

d.Personnel actions -- the action, available to the school district as a result of the evaluation, and the procedures for implementing these actions; e.g., job status change.(3-15-22)

e.Appeal -- the procedure available to the individual for appeal or rebuttal when disagreement exists regarding the results of an evaluations.(3-15-22)

f.Individualizing principal evaluation rating system -- a plan for how evaluations will be used to identify proficiency and record growth over time. Districts shall have an individualized principal evaluation rating system with a minimum of three ratings used to differentiate performance of principals including:(3-15-22)

i.Unsatisfactory being equal to “1”;(3-15-22)

ii.Basic being equal to “2”; and(3-15-22)

iii.Proficient being equal to “3”.(3-15-22)

iv.A fourth evaluation rating of Distinguished, being equal to “4,” may be used in addition to the three (3) minimum ratings at the discretion of the school district or charter school.(3-15-22)

g.A plan for including stakeholders including, but not limited to, teachers, board members, administrators, and parents in the development and ongoing review of their principal evaluation plan.(3-15-22)

05.Evaluation Policy - Frequency of Evaluation. The evaluation policy should include a provision for evaluating all administrators on a fair and consistent basis. All administrators shall be evaluated at least once annually no later than June 1 of each year.(3-15-22)

06.Evaluation Policy - Personnel Records. Permanent records of each principal evaluation will be maintained in the employee’s personnel file. All evaluation records will be kept confidential within the parameters identified in federal and state regulations regarding the right to privacy (Section 33-518, Idaho Code). Local school districts shall report the ratings of individual certificated personnel evaluations to the State Department of Education annually for State and Federal reporting purposes. The State Department of Education shall ensure that the privacy of all certificated personnel is protected by not releasing statistical data of evaluation ratings in local school districts in accordance with the approved policies of the Idaho State Board of Education Data Management Council. (3-15-22)

07.Evaluation System Approval. Each school district board of trustees will develop and adopt policies for principal performance evaluation in which criteria and procedures for the evaluation are research based and aligned with state standards. By July 1, 2014, an evaluation plan which incorporates all of the above elements shall be submitted to the State Department of Education for approval. Once approved, subsequent changes made in the evaluation system shall be resubmitted for approval.(3-15-22)

IDAPA 08.02.02.122 (Reserved)

IDAPA 08.02.02.130 School Facilities

Each school facility consists of the site, buildings, equip ment, services, and is a critical factor in carrying out educational programs. The focus of concern in each school facility is the provision of a variety of instructional activities and programs, with the health and safety of all persons essential.(3-15-22)

01.Buildings. All school buildings, including portable or temporary buildings, will be designed and built in conformance with the current edition of the codes specified in the Idaho Building Code Act, Section 39-4109, Idaho Code, including, the National Electrical Code, Uniform Plumbing Code, and Idaho General Safety and Health Standards. All school buildings, including portable or temporary buildings, will meet other more stringent requirements established in applicable local building codes.(3-15-22)

02.Inspection of Buildings. All school buildings, including portable or temporary buildings, will be inspected as provided in Section 39-4130, Idaho Code, for compliance with applicable codes. Following this inspection, the school district will, within twenty (20) days, (1) correct any deficiencies specified in the inspection report or (2), if the corrective action involves structural modification, file a written plan with the inspecting agency for correction by the beginning of the following school year.(3-15-22)

IDAPA 08.02.02.131 (Reserved)

IDAPA 08.02.02.140 Accreditation

01.Requirement. Accred itation is voluntary for elementary schools, grades K-8, and alternative schools not identified in Subsection 140.02.a. through 140.012.e. of this rule.(3-15-22)

02.Alternative Schools. An alternative school serving any grade(s) 9-12 that meets any three (3) of the criteria in Subsections 140.02.a. through 140.02.e. of this rule, shall be required to be accredited. An alternative school that does not meet three (3) of the following criteria in Subsections 140.02.a. through 140.02.e. is considered as an alternative program by the district board of trustees and shall be included in the accreditation process and reporting of another secondary school within the district for the purposes of meeting the intent of this rule. (3-15-22)

a.School has an Average Daily Attendance greater than or equal to 36 students based on previous year’s enrollment;(3-15-22)

b.School enrolls any students full-time for the school year once eligibility determination is made as opposed to schools that enroll students for “make-up” or short periods of time;(3-15-22)

c.School offers an instructional model that is different than that provided by the traditional high school within the district for a majority of the coursework, including but not limited to online/virtual curriculum;

d.School administers diplomas that come from that alternative school as opposed to students receiving a diploma from the traditional high school within the school district; or(3-15-22)

e.School receives its own accountability rating for federal reporting purposes.(3-15-22)

03.Standards. Schools will meet the accreditation standards of an accrediting body recognized by the state board of education.(3-15-22)

04.Residential Schools. In addition to the academic standards, residential schools must meet the applicable health and safety standards established pursuant to Section 39-1210, Idaho Code, to be considered fully accredited by the State Board of Education.(3-15-22)

05.Reporting. An annual accreditation report will be submitted to the State Board of Education identifying each accredited school and school district in the state and the status of their accreditation.(3-15-22)

IDAPA 08.02.02.141 (Reserved)

IDAPA 08.02.02.150 Transportation

Minimum School Bus Construction Standards.

All new school bus chassis and bodies must meet or exceed Standards for Idaho School Buses and Operations as incorporated in Section 004 of these rules and as authorized in Section 33- 1511, Idaho Code.(3-15-22)

IDAPA 08.02.02.151 (Reserved)

IDAPA 08.02.02.160 Maintenance Standards and Inspections

01.Safety.

School buses will be maintained in a safe operating condition at all times. Certain equipment or parts of a school bus that are critical to its safe operation must be maintained at prescribed standards.

When routine maintenance checks reveal any unsafe condition identified in the Standards for Idaho School Buses and Operations as incorporated in Section 004 of these rules the school district will eliminate the deficiency before returning the vehicle to service.(3-15-22)

02.Annual Inspection. After completion of the annual school bus inspection, and if the school bus is approved for operation, an annual inspection sticker, indicating the year and month of inspection, will be placed in the lower, right-hand corner of the right side front windshield. The date indicated on the inspection sticker shall correlate to State Department of Education's annual school bus inspection certification report signed by pupil transportation maintenance personnel and countersigned by the district superintendent. (Section 33-1506, Idaho Code)(3-15-22)

03.Sixty-Day Inspections. At intervals of not more than sixty (60) calendar days, excluding documented out-of-use periods in excess of thirty (30) days, the board of trustees shall cause inspection to be made of each school bus operating under the authority of the board. Except that, no bus with a documented out-of-use period in excess of sixty (60) days shall be returned to service without first completing a documented sixty (60) day inspection. Annual inspections are considered dual purpose and also meet the sixty (60) day inspection requirement.

(Section 33-1506, Idaho Code)(3-15-22)

04.Documentation of Inspection. All inspections will be documented in writing. Annual inspections must be documented in writing on the form provided by the State Department of Education.(3-15-22)

05.Unsafe Vehicle. When a bus has been removed from service during a State Department of Education inspection due to an unsafe condition, the district will notify the State Department of Education on the appropriate form before the bus can be returned to service. When a bus has been found to have deficiencies that are not life-threatening, it will be repaired within thirty (30) days and the State Department of Education notified on the appropriate form. If the deficiencies cannot be repaired within thirty (30) days, the bus must be removed from service until the deficiencies have been corrected or an extension granted.(3-15-22)

06.Withdraw from Service Authority. Subsequent to any federal, national, or state advisory with good cause given therefor, the district shall, under the direction of the State Department of Education, withdraw from service any bus determined to be deficient in any prescribed school bus construction standard intended to safeguard life or minimize injury. No bus withdrawn from service under the provisions of this section shall be returned to service or used to transport students unless the district submits to the State Department of Education a certification of compliance specific to the school bus construction standard in question. (Section 33-1506, Idaho Code)(3-15-22)

IDAPA 08.02.02.161 (Reserved)

IDAPA 08.02.02.170 School Bus Drivers and Vehicle Operation

All school districts and school bus drivers must meet or exceed the training, performance and operation requirements delineated in the Standards for Idaho School Buses and Operations as incorporated in Section 004 of these rules.

IDAPA 08.02.02.171 (Reserved)

IDAPA 08.02.02.180 Written Policy

The board of trustees will establish and adopt a set of wri tten policies governing the pupil transportation system. Each school district that provides activity bus transportation for pupils shall have comprehensive policies and guidelines regarding activity transportation.(3-15-22)

IDAPA 08.02.02.181 (Reserved)

IDAPA 08.02.02.190 Program Operations

School district fiscal reporting requirements as well as rei mbursable and non-reimbursable costs within the Pupil Transportation Support Program, including but not limited to administration, field and activity trips, safety busing, contracting for transportation services, leasing of district-owned buses, insurance, ineligible and non-public school students, ineligible vehicles, capital investments including the purchasing of school buses and equipment, program support and district waiver procedures shall be delineated in Standards for Idaho School Buses and Operations incorporated in Section 004 of these rules. Approved school activities shall include structured college/university visits when such visits are part of the school district college and career advising and mentoring plan.(3-15-22)

IDAPA 08.02.02.191 (Reserved)

IDAPA 08.02.02.220 Release Time Program for Elementary and Secondary Schools

Public elementary and secondary school programs that permit the practice of releasing students from school for the purpose of attending classes in religious education or for other purposes must develop policies that include the following:(4-6-23)

01.Scheduling. The local school board will have reasonable discretion over the scheduling and timing of the release program. Release time programs may not interfere with the scheduling of classes, activities and programs of the public schools.(3-15-22)

02.Voluntary Decision. The decision of a school district to permit release time programs for kindergarten through grade eight (K-8), as well as the decision of individual students to participate, must be purely voluntary.(3-15-22)

03.Time Limit. Release time will be scheduled upon the application of a parent or guardian of a student in grades nine through twelve (9-12), not to exceed five (5) periods per week or one hundred sixty-five (165) hours during any one (1) academic school year. Students with a graduation plan that allows the student to meet the minimum state graduation requirements and graduate within four (4) years may be granted additional release time at the discretion of the local education agency.(4-6-23)

04.Location. Release time programs will be conducted away from public school buildings and public school property.(3-15-22)

05.Request by Parent. No student will be permitted to leave the school grounds during the school day to attend release time programs except upon written request from a parent or guardian filed with the school principal.

Such written request by the parent will become a part of the student’s permanent record.(3-15-22)

06.Record Maintenance. The public school will not be responsible for maintaining attendance records for a student who, upon written request of a parent or guardian, is given permission to leave the school grounds to attend a release time program. The school district will maintain a record of each student’s daily schedule that indicates when a student is released for classes in religious education or for other purposes.(3-15-22)

07.Liability. The school district is responsible for ensuring that no public school property, public funds or other public resources are used in any way to operate these programs. The school district is not liable for any injury, act or event occurring while the student participates in such programs.(3-15-22)

08.Course Credit. No credit will be awarded by the school or district for satisfactory completion by a student of a course or courses in release time for religious instruction. Credit may be granted for other purposes, at the discretion of the local school board.(3-15-22)

09.Separation From Public Schools. Public schools will not include schedules of classes for release time programs in school catalogs, registration forms or any other regularly printed public school material.

Registration for release time programs must occur off school premises, and must be done on forms and supplies furnished by the group or institution offering the program. Teachers of release time programs are not to be considered members of any public school faculty and should not be asked to participate as faculty members in any school functions or to assume responsibilities for operation of any part of the public school program.(3-15-22)

10.Transportation Liability. Public schools and school districts will not be liable or responsible for the health, safety and welfare of students while they are being transported to and from or participating in release time programs.(3-15-22)

IDAPA 08.02.02.221 (Reserved)

IDAPA 08.02.02.230 Driver Education

Public Schools. Pursuant to Section 004 of these rules, all public driver education courses offered in Idaho public schools must be conducted in compliance with all the requirements in the Operating Procedures for Idaho Public Driver Education Programs, as incorporated.(3-15-22)

IDAPA 08.02.02.231 (Reserved)

IDAPA 08.02.02.240 Juvenile Detention Centers

01.Instructional Program.

Every public school district in the state within which is located a public or private detention facility housing juvenile offenders pursuant to court order will provide an instructional program.

The instructional program will:(3-15-22)

a.Provide course work that meets the minimum requirements of Idaho State Board of Education Rules.(3-15-22)

b.Provide instruction in core subject areas.(3-15-22)

c.Include the following components, where appropriate: self-concept improvement, social adjustment, physical fitness/personal health, vocational/occupational, adult living skills, and counseling.(3-15-22)

d.Provide instruction and guidance that may lead to a high school diploma. School districts will accept such instruction for purposes of issuing credit when the detention center certifies to the school that the appropriate work is completed.(3-15-22)

e.Be directed by an instructor who holds an appropriate, valid certificate.(3-15-22)

f.Be provided to each student not later than two (2) school days after admission and continue until the student is released from the detention center.(3-15-22)

g.Be provided to students who have attained “school age” as defined in Idaho Code 33-201.

h.Be provided for a minimum of four (4) hours during each school day.(3-15-22)

i.Be based on the needs and abilities of each student. The resident school district will provide pertinent status information as requested by the Juvenile Detention Center.(3-15-22)

j.Be coordinated with the instructional program at the school the student attends, where appropriate.

k.Be provided in a facility that is adequate for instruction and study.(3-15-22)

02.State Funding of Instructional Programs at Juvenile Detention Centers.(3-15-22)

a.Every student housed in a juvenile detention center pursuant to court order and participating in an instructional program provided by a public school district will be counted as an exceptional child by the district for purposes of state reimbursement.(3-15-22)

b.Public school districts that educate pupils placed by Idaho court order in juvenile detention centers will be eligible for an allowance equivalent to the previous year’s certified local annual tuition rate per pupil. The district allowance will be in addition to support unit funding and included in the district apportionment payment.

c.To qualify for state funding of instructional programs at Juvenile Detention Centers, school districts must apply for such funding on forms provided by the State Department of Education. Applications are subject to the review and approval of the State Superintendent of Public Instruction. School districts will submit attendance and enrollment reports as required by the State Superintendent of Public Instruction. Juvenile Detention Centers will submit reports to the local school district as required.(3-15-22)

IDAPA 08.02.02.241 (Reserved)