33-105. RULES — EXECUTIVE DEPARTMENT. (1) The state board shall have power to make rules for its own government and the government of its executive departments and offices; and, upon recommendations of its executive officers, to appoint to said departments and offices such specialists, clerks and other employees as the execution of duties may require, to fix their salaries and assign their duties.
(2) Statements of the state board of education and board of regents of the university of Idaho which relate to the curriculum of public educational institutions, to students attending or applicants to such institutions, or to the use and maintenance of land, equipment and buildings controlled by the respective institutions, are not rules and are not statements of general applicability for the purposes of chapter 52, title 67, Idaho Code.
(3) Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the state board of education and board of regents of the university of Idaho shall be deemed to be in full compliance with the notice requirements of section 67-5221, Idaho Code, if:
(a) Notice is given by including the intended action in the official written agenda for a regularly scheduled meeting of the board, and the agenda is available for public inspection at the central office of the board not less than five (5) days prior to the meeting; and
(b) Notice of the intended action, accompanied by the full text of the rule under consideration prepared so as to indicate words added or deleted from the presently effective text, if any, is transmitted to the director of the legislative services office at the same time that notice is given under paragraph (a) of this subsection. The director of the legislative services office shall refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code, to afford the subcommittee opportunity to submit data, views or arguments in writing to the board prior to the time for receiving comment as provided in paragraph (d) of this subsection; and
(c) The intended action is discussed but not acted upon during the regularly scheduled meeting for which the agenda was prepared, but instead is held for final action at the next regularly scheduled or later meeting of the board; and
(d) At least fifteen (15) days prior to the scheduled date for final action, the board shall mail to all persons who have made timely request in writing to the board and shall publish in an issue of the Idaho administrative bulletin a brief description of the intended action, or a concise summary of any statement of economic impact required pursuant to section 67-5223(2), Idaho Code, and shall note the time when, the place where, and the manner in which interested persons may present their views thereon; and
(e) Upon adoption of a rule, the board, if requested in writing to do so by an interested person either prior to adoption or within twenty-eight (28) days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, incorporating therein its reasons for overruling the considerations urged against its adoption.
History:
[33-105, added 1963, ch. 13, sec. 5, p. 27; am. 1974, ch. 10, sec. 4, p. 49; am. 1992, ch. 263, sec. 55, p. 816; am. 1999, ch. 21, sec. 3, p. 31.]
Structure Idaho Code
Chapter 1 - STATE BOARD OF EDUCATION
Section 33-101 - CREATION OF BOARD.
Section 33-102 - MEMBERSHIP — APPOINTMENT — TERM OF OFFICE — QUALIFICATIONS — PLACE OF OFFICE.
Section 33-103 - REMOVAL OF MEMBERS — CAUSE.
Section 33-104 - MEETINGS OF THE BOARD — HONORARIUM — EXPENSES — ORGANIZATION.
Section 33-105 - RULES — EXECUTIVE DEPARTMENT.
Section 33-107 - GENERAL POWERS AND DUTIES OF THE STATE BOARD.
Section 33-107A - BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM.
Section 33-107B - BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM FOR COMMUNITY COLLEGES.
Section 33-107C - BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS.
Section 33-107D - CAMPUS ACCESS FOR RELIGIOUS STUDENTS.
Section 33-108 - PREPARE AND PUBLISH REPORTS.
Section 33-109 - ANNUAL REPORT.
Section 33-110 - AGENCY TO NEGOTIATE, AND ACCEPT, FEDERAL ASSISTANCE.
Section 33-111 - BUDGET FOR EDUCATIONAL INSTITUTIONS.
Section 33-112 - PLANS AND SPECIFICATIONS — EQUIPMENT, APPLIANCES AND SUPPLIES.
Section 33-113 - LIMITS OF INSTRUCTION.
Section 33-114 - CERTIFICATION — COURSES OF STUDY — ACCREDITATION.
Section 33-115 - TEACHERS’ REGISTER.
Section 33-116 - SCHOOL DISTRICTS UNDER BOARD SUPERVISION.
Section 33-117 - PUBLIC SCHOOL FINANCIAL REQUIREMENTS.
Section 33-118 - COURSES OF STUDY — CURRICULAR MATERIALS.
Section 33-118A - CURRICULAR MATERIALS — ADOPTION PROCEDURES.
Section 33-118B - CURRICULAR MATERIALS — ADOPTION OF CONTENT STANDARDS.
Section 33-119 - ACCREDITATION OF SECONDARY SCHOOLS — STANDARDS FOR ELEMENTARY SCHOOLS.
Section 33-120 - UNIFORM REPORTING.
Section 33-121 - EXAMINATION OF BOOKS AT INSTANCE OF THE STATE BOARD.
Section 33-122 - SANITATION — SAFETY — COOPERATION WITH OTHER STATE AGENCIES.
Section 33-123 - EDUCATION FOR INMATES UNDER JURISDICTION OF DEPARTMENT OF CORRECTION.
Section 33-124 - SPECIAL VOCATIONAL EDUCATION PROGRAMS.
Section 33-125 - STATE DEPARTMENT OF EDUCATION — CREATION — DUTIES.
Section 33-125B - PAY FOR SUCCESS CONTRACTING — DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Section 33-126 - ORGANIZATION OF DEPARTMENT.
Section 33-128 - STATEMENT OF PUBLIC PURPOSE.
Section 33-129 - MATCHING GRANTS FOR SCIENCE EDUCATION PROGRAMS — GRANT CRITERIA.
Section 33-130A - CRIMINAL HISTORY CHECKS FOR PRIVATE OR PAROCHIAL SCHOOL EMPLOYEES OR CONTRACTORS.
Section 33-131 - DEFINITIONS — TRIBAL SCHOOL — TRIBAL EDUCATION AUTHORITY.
Section 33-132 - LOCAL SCHOOL BOARDS — INTERNET USE POLICY REQUIRED.
Section 33-133 - DEFINITIONS — STUDENT DATA — USE AND LIMITATIONS — PENALTIES.
Section 33-134 - ASSESSMENT ITEM REVIEW COMMITTEE.
Section 33-135 - TEACHERS — CLASSROOM SIZE — REPORTING.
Section 33-136 - SUICIDE PREVENTION IN SCHOOLS.
Section 33-137 - DIGITAL AND ONLINE LIBRARY RESOURCES FOR K-12 STUDENTS.
Section 33-138 - DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION.
Section 33-139 - PROHIBITION ON THE EXPENDITURE OF MONEYS FOR CERTAIN PURPOSES.
Section 33-140 - REPORT — HIGH-PERFORMING SCHOOLS AND TEACHERS.