Amends existing law to revise provisions regarding educational staff, teachers, and certificates.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 728 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-1001, IDAHO CODE, TO REVISE DEF-2 INITIONS; AMENDING SECTION 33-512D, IDAHO CODE, TO PROVIDE A CORRECT3 CODE REFERENCE; AMENDING SECTION 33-515, IDAHO CODE, TO PROVIDE A COR-4 RECT CODE REFERENCE; AMENDING SECTION 33-911, IDAHO CODE, TO PROVIDE A5 CORRECT CODE REFERENCE; AMENDING SECTION 33-915, IDAHO CODE, TO PRO-6 VIDE A CORRECT CODE REFERENCE; AMENDING SECTION 33-1201, IDAHO CODE, TO7 REVISE PROVISIONS REGARDING REQUIRED CERTIFICATES; AMENDING SECTION8 33-1201A, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING9 SECTION 33-1204, IDAHO CODE, TO REVISE PROVISIONS REGARDING LIFETIME10 INSTRUCTIONAL AND LIFETIME ADMINISTRATOR CERTIFICATES; AMENDING SEC-11 TION 33-1636, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AND12 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.13

Be It Enacted by the Legislature of the State of Idaho:14

SECTION 1. That Section 33-1001, Idaho Code, be, and the same is hereby15 amended to read as follows:16 33-1001. DEFINITIONS. As used in this chapter:17 (1) "Administrative schools" means and applies to all elementary18 schools and kindergartens within a district that are situated ten (10) miles19 or less from both the other elementary schools and the principal administra-20 tive office of the district and all secondary schools within a district that21 are situated fifteen (15) miles or less from other secondary schools of the22 district.23 (2) "Administrative staff" means those who hold an administrator cer-24 tificate and are employed as a superintendent, an elementary or secondary25 school principal, or are assigned administrative duties over and above those26 commonly assigned to teachers.:27 (a) Hold an administrator certificate and are employed as a superinten-28 dent, a deputy superintendent, an elementary or secondary school prin-29 cipal or vice principal, a director of special education, or a public30 charter school administrator as their primary employment;31 (b) Hold an instructional certificate or teacher leader endorsement32 and serve in a mentor or leadership position for individuals who hold an33 Idaho certificate issued under section 33-1201, Idaho Code; or34 (c) Are assigned administrative duties over and above those commonly35 assigned to teachers.36 (3) "At-risk student" means a student in grades 6 through 12 who:37 (a) Meets at least three (3) of the following criteria:38 (i) Has repeated at least one (1) grade;39 (ii) Has absenteeism greater than ten percent (10%) during the40 preceding semester;41

2 (iii) Has an overall grade point average less than 1.5 on a 4.01 scale prior to enrolling in an alternative secondary program;2 (iv) Has failed one (1) or more academic subjects in the past year;3 (v) Is below proficient, based on local criteria, standardized4 tests, or both;5 (vi) Is two (2) or more credits per year behind the rate required6 to graduate or for grade promotion; or7 (vii) Has attended three (3) or more schools within the previous8 two (2) years, not including dual enrollment; or9 (b) Meets any of the following criteria:10 (i) Has documented substance abuse or a pattern of substance11 abuse;12 (ii) Is pregnant or a parent;13 (iii) Is an emancipated youth or unaccompanied youth;14 (iv) Is a previous dropout;15 (v) Has a serious personal, emotional, or medical issue or is-16 sues;17 (vi) Has a court or agency referral; or18 (vii) Demonstrates behavior detrimental to the student's academic19 progress.20 (4) "Average daily attendance" or "pupils in average daily attendance"21 means the aggregate number of days enrolled students are present, divided by22 the number of days of school in the reporting period; provided, however, that23 students for whom no Idaho school district is a home district shall not be24 considered in such computation.25 (5) "Career ladder" means the compensation table used for determining26 the allocations districts receive for instructional staff and pupil service27 staff based on specific performance criteria and is made up of a residency28 compensation rung and, a professional compensation rung, and an advanced29 professional compensation rung.30 (6) "Child with a disability" means a child evaluated as having an31 intellectual disability, a hearing loss including deafness, a speech or32 language impairment, a visual impairment including blindness, an emo-33 tional behavioral disorder, an orthopedic impairment, autism, a traumatic34 brain injury, another health impairment, a specific learning disability,35 deaf-blindness, or multiple disabilities and who, by reason thereof, needs36 special education and related services.37 (7) "Classified staff" means those who are employed in positions that38 are not administrative staff, instructional staff, or pupil service staff.39 Classified staff are not required to have certification as provided in sec-40 tion 33-1201, Idaho Code.41 (7) (8) "Compensation rung" means the rung on the career ladder that42 corresponds with the compensation level performance criteria.43 (8) (9) "Economically disadvantaged student" means a student who:44 (a) Is eligible for a free or reduced-price lunch under the Richard B.45 Russell national school lunch act, 42 U.S.C. 1751 et seq., excluding46 students who are eligible only through a school's community eligibility47 program;48 (b) Resides with a family receiving assistance under the program of49 block grants to states for temporary assistance for needy families50

3 (TANF) established under part A of title IV of the social security act,1 42 U.S.C. 601 et seq.;2 (c) Is eligible to receive medical assistance under the medicaid pro-3 gram under title XIX of the social security act, 42 U.S.C. 1396 et seq.;4 or5 (d) Is considered homeless for purposes of the federal McKinney-Vento6 homeless assistance act, 42 U.S.C. 11301 et seq.7 (9) (10) "Elementary grades" or "elementary average daily attendance"8 means and applies to students enrolled in grades 1 through 6, inclusive, or9 any combination thereof.10 (10) (11) "Elementary schools" are schools that serve grades 1 through11 6, inclusive, or any combination thereof.12 (11) (12) "Elementary/secondary schools" are schools that serve grades13 1 through 12, inclusive, or any combination thereof.14 (12) (13) "English language learner" or "ELL" means a student who does15 not score proficient on the English language development assessment estab-16 lished by rule of the state board of education.17 (13) (14) "Gifted and talented" shall have the same meaning as provided18 in section 33-2001(4), Idaho Code.19 (14) (15) "Homebound student" means any student who would normally and20 regularly attend school but is confined to home or hospital because of an21 illness or accident for a period of ten (10) or more consecutive days.22 (15) (16) "Instructional staff" means those who hold an Idaho certifi-23 cate issued under section 33-1201, Idaho Code, and who are either involved24 in whose primary employment involves the direct instruction of a student or25 group of students or who serve in a mentor or teacher leader position for in-26 dividuals who hold an Idaho certificate issued under section 33-1201, Idaho27 Code.28 (16) (17) "Kindergarten" or "kindergarten average daily attendance"29 means and applies to all students enrolled in a school year, less than a30 school year, or summer kindergarten program.31 (17) (18) "Local salary schedule" means a compensation table adopted by32 a school district or public charter school, which table is used for deter-33 mining moneys to be distributed for instructional staff and pupil service34 staff salaries. Minimum compensation provided under a local salary schedule35 shall be at least equal to the minimum amounts established pursuant to sec-36 tion 33-1004E, Idaho Code.37 (18) (19) "Measurable student achievement" means the measurement of38 student academic achievement or growth within a given interval of instruc-39 tion for those students who have been enrolled in and attended eighty percent40 (80%) of the interval of instruction. Measures and targets shall be chosen41 at the school level in collaboration with the staff member impacted by the42 measures and applicable district staff and approved by the school board.43 Measures and targets must also align with the performance measures and44 benchmarks in the continuous improvement plan described in section 33-320,45 Idaho Code. The most effective measures and targets are those generated as46 close to the actual work as possible. Targets may be based on grade- or de-47 partment-level achievement or growth goals that create collaboration within48 groups. Individual measurable student achievement targets and the percent-49 age of students meeting individual targets must be reported annually to the50

4 state. Assessment tools that may be used for measuring student achievement1 and growth include:2 (a) Idaho standards achievement test (ISAT), including interim ISAT3 assessments;4 (b) Student learning objectives;5 (c) Teacher-constructed assessments of student growth;6 (d) Pre- and post-tests, including district-adopted tests;7 (e) Performance-based assessments;8 (f) Idaho reading indicator, which will be one (1) of the required as-9 sessment tools for applicable staff;10 (g) College entrance exams or preliminary college entrance exams such11 as PSAT, SAT, PACT, and ACT;12 (h) Advanced placement exams;13 (i) Career technical exams;14 (j) Number of business or industry certificates or credentials earned15 by students in an approved career technical education program;16 (k) Number of students completing career technical education capstone17 courses; and18 (l) Number of students enrolled in career technical education courses19 that are part of a program that culminates with business or industry20 certificates or credentials.21 (19) (20) "Performance criteria" means the standards specified for22 instructional staff and pupil service staff to demonstrate teaching pro-23 ficiency for a given compensation rung. Each element of the professional24 compensation rung and advanced professional compensation rung performance25 criteria, as identified in this section and as applicable to a staff member's26 position, shall be documented, reported, and subject to review for determin-27 ing movement on the career ladder.28 (21) "Primary employment" means the position of employment in which a29 person spends fifty percent (50%) or more of the person's time.30 (20) (22)(a) "Professional compensation rung performance criteria"31 means:32 (i) An overall rating of proficient or higher, and no components33 rated as unsatisfactory, on the state framework for teaching eval-34 uation or equivalent for pupil service staff or principal or other35 school level administrator evaluation aligned to the state frame-36 work for teaching evaluation; and37 (ii) Demonstrating the majority of students have met measurable38 student achievement targets or student success indicator targets.39 (b) "Advanced professional compensation rung performance criteria"40 means:41 (i) An overall rating of proficient or higher, no components42 rated as unsatisfactory or basic, and rated as distinguished43 overall in domain two -- classroom environment or domain three44 -- instruction and use of assessment on the state framework for45 teaching evaluation or equivalent for pupil service staff or prin-46 cipal or other school level administrator evaluation aligned to47 the state framework for teaching evaluation; and48

5 (ii) Demonstrating seventy-five percent (75%) or more of their1 students have met their measurable student achievement targets or2 student success indicator targets.3 (21) (23) "Public school district" or "school district" or "district"4 means any public school district organized under the laws of this state, in-5 cluding specially chartered school districts.6 (22) (24) "Pupil service staff" means those who provide whose primary7 employment involves providing services to students, but are not involved in8 does not involve direct instruction of those students, and who hold a pupil9 personnel services certificate.10 (23) (25) "School board" means a school district board of trustees or11 the board of directors of a public charter school.12 (24) (26) "Secondary grades" or "secondary average daily attendance"13 means and applies to students enrolled in grades 7 through 12, inclusive, or14 any combination thereof.15 (25) (27) "Secondary schools" are schools that serve grades 7 through16 12, inclusive, or any combination thereof.17 (26) (28) "Separate elementary school" means an elementary school lo-18 cated more than ten (10) miles on an all-weather road from both the near-19 est elementary school and elementary/secondary school serving like grades20 within the same school district and from the location of the office of the su-21 perintendent of schools of such district, or from the office of the chief ad-22 ministrative officer of such district if the district employs no superinten-23 dent of schools.24 (27) (29) "Separate kindergarten" means a kindergarten located more25 than ten (10) miles on an all-weather road from both the nearest kindergarten26 school within the same school district and from the location of the office27 of the superintendent of schools of such district, or from the office of the28 chief administrative officer of such district if the district employs no29 superintendent of schools.30 (28) (30) "Separate secondary school" means any secondary school lo-31 cated more than fifteen (15) miles on an all-weather road from any other32 secondary school and elementary/secondary school serving like grades oper-33 ated by the district.34 (29) (31) "Special education" means specially designed instruction or35 speech/language therapy at no cost to the parent to meet the unique needs of a36 student who is a child with a disability, including instruction in the class-37 room, the home, hospitals, institutions, and other settings; instruction38 in physical education; speech therapy and language therapy; transition ser-39 vices; travel training; assistive technology services; and vocational edu-40 cation.41 (30) (32) "Student learning plan" means a plan that outlines a student's42 program of study, which should include a rigorous academic core and a related43 sequence of electives in academics, career technical education, or humani-44 ties aligned with the student's post-graduation goals.45 (31) (33) "Student success indicators" means measurable indicators of46 student achievement or growth, other than academic, within a predefined in-47 terval of time for a specified group of students. Measures and targets shall48 be chosen at the district or school level in collaboration with the pupil49 service staff member impacted by the measures and applicable district staff.50

6 Individual measurable student achievement targets and the percentage of1 students meeting each target must be reported annually to the state. Student2 success indicators include:3 (a) Quantifiable goals stated in a student's 504 plan or individualized4 education plan.5 (b) Quantifiable goals stated in a student's behavior improvement6 plan.7 (c) School- or district-identified measurable student objectives for a8 specified student group or population.9 (d) The percentage of students who create student learning plans in10 grade 8 or who annually update their student learning plans thereafter.11 (e) The percentage of students who satisfactorily complete one (1) or12 more advanced opportunities options as identified in section 33-4602,13 Idaho Code, or who earn business or industry certificates or creden-14 tials. This indicator shall be one (1) of the required indicators for15 applicable staff.16 (32) (34) "Support program" means the educational support program as17 described in section 33-1002, Idaho Code, the transportation support pro-18 gram described in section 33-1006, Idaho Code, and the exceptional education19 support program as described in section 33-1007, Idaho Code.20 (33) (35) "Support unit" means a function of average daily attendance21 used in the calculations to determine financial support provided to the pub-22 lic school districts.23 (34) (36) "Teacher" means any person employed in a teaching, in-24 structional, supervisory, educational administrative or educational and25 scientific capacity the teaching or instruction of students in any school26 district. In case of doubt, the state board of education shall determine27 whether any person employed requires certification as a teacher.28

SECTION 2. That Section 33-512D, Idaho Code, be, and the same is hereby29 amended to read as follows:30 33-512D. SELF-DIRECTED LEARNER DESIGNATION. (1) A student attending31 public school in Idaho shall be eligible to be designated as a self-directed32 learner. For the purposes of this section, a "self-directed learner" means a33 full-time student:34 (a) Who demonstrates mastery of content knowledge through grades, as-35 sessments, or mastery-based learning rubrics;36 (b) Whose teacher or teachers designate the student as such. The37 teacher may consider the student's mastery of the content, academic38 growth, timeliness for assignments, self-motivation, ability to estab-39 lish goals, and reaching age-appropriate learning outcomes;40 (c) Who, starting in grade 5, demonstrates mastery of addition and mul-41 tiplication for numbers 0-10, as well as related subtraction and divi-42 sion problems, known collectively as "math facts"; and43 (d) Who, starting in grade 8, demonstrates an informed choice of post-44 secondary career and education goals by:45 (i) Completing and updating his student learning plan as defined46 in section 33-1001(30)(32), Idaho Code;47 (ii) Supplementing his student learning plan, as applicable, with48 the following that further his postsecondary goals:49

7 1. Extended learning opportunities as defined in section1 33-6401, Idaho Code;2 2. Courses and examinations funded in chapter 46, title 33,3 Idaho Code; or4 3. Any other credits or programs permitted under Idaho Code5 or district policy as applicable to the student's learning6 plan; and7 (iii) Identifying and writing down self-determined personal life8 goals, including an explanation of how attending specific classes9 will lead to the fulfillment of personal life goals.10 (2) Each school district or public charter school may adopt a self-di-11 rected learner policy to provide processes:12 (a) Through which students may seek a self-directed learner designa-13 tion;14 (b) By which teachers may designate a student as a self-directed15 learner;16 (c) To monitor and support self-directed learners;17 (d) By which a student's teacher or teachers rescind the self-directed18 learner designation; and19 (e) As otherwise necessary for implementation.20 (3) Once a student is designated a self-directed learner, the student21 has the right to flexible learning. Flexible learning may be different for22 each student and may include flexible attendance, attending school virtu-23 ally, extended learning opportunities, and any other agreed-upon learning24 inside or outside the classroom. Starting in grade 8, flexible learning25 should further the student's progress toward postsecondary goals. Any flex-26 ible learning permitted under this section must be agreed upon by the stu-27 dent, his teacher or teachers, and the student's parents or legal guardian.28 (4) In order to remain a self-directed learner, the student must meet29 criteria agreed upon by him, his teacher or teachers, and his parents or le-30 gal guardian. Criteria may include continued mastery of content knowledge31 and skills, academic growth, progress toward postsecondary goals, or other32 measures of student learning. If a student fails to meet the agreed-upon33 criteria or fails to stay current on classroom assignments, and does not cure34 the failure within an agreed-upon time frame, the building administrator35 shall rescind the self-directed learner designation upon recommendation by36 the teacher or teachers.37 (5) A self-directed learner will be reported as enrolled as one (1.0)38 FTE or in attendance for a full day in school for the purpose of calculat-39 ing support units and public school funding. The district or charter school40 will receive full funding for its self-directed learners, regardless of at-41 tendance or actual hours of instruction up to one (1) full day of attendance42 or one (1.0) FTE, or the remaining day or FTE if the student is shared between43 two (2) or more school districts or public charter schools.44 (6) Each school district or public charter school must report the num-45 ber of self-directed learners to the state department of education annually.46

SECTION 3. That Section 33-515, Idaho Code, be, and the same is hereby47 amended to read as follows:48

8 33-515. ISSUANCE OF RENEWABLE CONTRACTS. (1) During the third full1 year of continuous employment by the same school district, including any2 specially chartered district, each certificated employee named in subsec-3 tion (34) (24) or (36) of section 33-1001, Idaho Code, and each school nurse4 and school librarian who has obtained a professional endorsement under5 section 33-1201A, Idaho Code, shall be evaluated for a renewable contract6 and shall, upon having been offered a contract for the next ensuing year,7 and upon signing and timely returning a contract for a fourth full year, be8 placed on a renewable contract status with said school district entitling9 such individual to the right to automatic renewal of contract, subject to the10 provisions included in this chapter, provided that instructional staff who11 have not obtained a professional endorsement under section 33-1201A, Idaho12 Code, may not be placed on a renewable contract status, provided however, if13 the career ladder pursuant to section 33-1004B, Idaho Code, is not funded,14 then a professional endorsement shall not be required. Additionally, any15 individual who has not successfully completed the three (3) year nontradi-16 tional route program while on a three (3) year interim certificate and has17 not yet been issued a five (5) year renewable certificate may not be placed on18 a renewable contract. Such individual will remain on a category 3 contract,19 even after serving three (3) continuous years of employment with the same20 school district.21 (2) At least once annually, the performance of each renewable contract22 certificated employee, school nurse, or school librarian shall be evaluated23 according to criteria and procedures established by the board of trustees in24 accordance with general guidelines approved by the state board of education.25 Such an evaluation shall be completed no later than June 1 of each year. The26 evaluation shall include a minimum of two (2) documented observations, one27 (1) of which shall be completed prior to January 1 of each year.28 (3) Any contract automatically renewed under the provisions of this29 section may be renewed for a shorter term, longer term or the same length30 of term as stated in the current contract and at a greater, lesser or equal31 salary as that stated in the current contract. Absent the board's applica-32 tion of a formal reduction in force, renewals of standard teacher contracts33 may be for a shorter term, longer term or the same length of term as stated34 in the current standard teacher contract and at a greater, lesser or equal35 salary, and shall be uniformly applied to all employees based upon the dis-36 trict's adopted salary schedule to the extent allowable in section 33-1004E,37 Idaho Code.38 (a) Contracts issued pursuant to this section shall be issued on or be-39 fore the first day of July each year.40 (b) At the discretion of the board, the district may issue letters of41 intent for employment for the next ensuing school year to renewable42 contract status employees during May of each school year. Such let-43 ter of intent shall not state a specific duration of the contract or44 salary/benefits term for the next ensuing school year.45 (c) Unless otherwise negotiated and ratified by both parties pursuant46 to section 33-1271 et seq., Idaho Code, standard teacher renewals for47 terms shorter in length than that stated in the current standard con-48 tract of renewable certificated employees, should be considered and im-49 plemented only after the district has determined that the salary-based50

9 apportionment reimbursement that it estimates it will receive for the1 ensuing school year is less than the sum the district would otherwise be2 paying for salaries for certificated professional employees.3 (4) Nothing in this section shall prevent the board of trustees from of-4 fering a renewed contract increasing the salary of any certificated person,5 or from reassigning an administrative employee to a nonadministrative posi-6 tion with appropriate reduction of salary from the preexisting salary level.7 In the event the board of trustees reassigns an administrative employee to a8 nonadministrative position, the board shall give written notice to the em-9 ployee that contains a statement of the reasons for the reassignment. The10 employee, upon written request to the board, shall be entitled to an informal11 review of that decision. The process and procedure for the informal review12 shall be determined by the local board of trustees.13 (5) Before a board of trustees can determine not to renew for reasons of14 an unsatisfactory report of the performance of any certificated person whose15 contract would otherwise be automatically renewed, such person shall be en-16 titled to a reasonable period of probation. This period of probation shall17 be preceded by a written notice from the board of trustees with reasons for18 such probationary period and with provisions for adequate supervision and19 evaluation of the person's performance during the probationary period. Such20 period of probation shall not affect the person's renewable contract status.21 Consideration of probationary status for certificated personnel is consid-22 eration of the status of an employee within the meaning of section 74-206,23 Idaho Code, and may be held in executive session. If the consideration re-24 sults in probationary status, the individual on probation shall not be named25 in the minutes of the meeting. A record of the decision shall be placed in the26 teacher's personnel file.27 (6) If the board of trustees takes action to immediately discharge28 or discharge upon termination of the current contract a certificated per-29 son whose contract would otherwise be automatically renewed, the action30 of the board shall be consistent with the procedures specified in section31 33-513(5), Idaho Code, and, furthermore, the board shall notify the employee32 in writing whether there is just and reasonable cause not to renew the con-33 tract or to reduce the salary of the affected employee, and, if so, what34 reasons it relied upon in that determination.35 (7) If the board of trustees takes action after the declaration of a fi-36 nancial emergency pursuant to section 33-522, Idaho Code, and such action is37 directed at more than one (1) certificated employee, and if mutually agreed38 to by both parties, a single informal review shall be conducted. Without39 mutual consent of both parties, the board of trustees shall use the follow-40 ing procedure to conduct a single due process hearing within sixty-seven41 (67) days of the declaration of financial emergency pursuant to section42 33-522(2), Idaho Code, or on or before June 22, whichever shall occur first:43 (a) The superintendent or any other duly authorized administrative of-44 ficer of the school district may recommend the change in the length of45 the term stated in the current contract or reduce the salary of any cer-46 tificated employee by filing with the board of trustees written notice47 specifying the purported reasons for such changes.48 (b) Upon receipt of such notice, the board of trustees, acting through49 its duly authorized administrative official, shall give the affected50

10 employees written notice of the reductions and the recommendation of1 the change in the length of the term stated in the current contract or2 the reduction of salary, along with written notice of a hearing be-3 fore the board of trustees prior to any determination by the board of4 trustees.5 (c) The hearing shall be scheduled to take place not less than six (6)6 days nor more than fourteen (14) days after receipt of the notice by the7 employees. The date provided for the hearing may be changed by mutual8 consent.9 (d) The hearing shall be open to the public.10 (e) All testimony at the hearing shall be given under oath or affirma-11 tion. Any member of the board, or the clerk of the board of trustees, may12 administer oaths to witnesses or affirmations by witnesses.13 (f) The employees may be represented by legal counsel and/or by a repre-14 sentative of a local or state education association.15 (g) The chairman of the board of trustees or the designee of the chair-16 man shall conduct the hearing.17 (h) The board of trustees shall cause an electronic record of the hear-18 ing to be made or shall employ a competent reporter to take stenographic19 or stenotype notes of all the testimony at the hearing. A transcript of20 the hearing shall be provided at cost by the board of trustees upon re-21 quest of the employee.22 (i) At the hearing, the superintendent or other duly authorized admin-23 istrative officer shall present evidence to substantiate the reduction24 contained in such notice.25 (j) The employees may produce evidence to refute the reduction. Any26 witness presented by the superintendent or by the employees shall be27 subject to cross-examination. The board of trustees may also examine28 witnesses and be represented by counsel.29 (k) The affected employees may file written briefs and arguments with30 the board of trustees within three (3) days after the close of the hear-31 ing or such other time as may be agreed upon by the affected employees32 and the board of trustees.33 (l) Within seven (7) days following the close of the hearing, the board34 of trustees shall determine and, acting through its duly authorized ad-35 ministrative official, shall notify the employees in writing whether36 the evidence presented at the hearing established the need for the ac-37 tion taken.38 The due process hearing pursuant to this subsection shall not be required if39 the board of trustees and the local education association reach an agreement40 on issues agreed upon pursuant to section 33-522(3), Idaho Code.41 (8) If the board of trustees, for reasons other than unsatisfactory42 service, for the ensuing contract year, determines to change the length of43 the term stated in the current contract, reduce the salary or not renew the44 contract of a certificated person whose contract would otherwise be automat-45 ically renewed, nothing herein shall require a probationary period.46 (9) If the board of trustees, for reasons other than unsatisfactory47 service, for the ensuing contract year, determines to change the length48 of the term stated in the current contract or reduce the salary of a cer-49 tificated person whose contract would otherwise be automatically renewed,50

11 nothing herein shall require any individualized due process proceeding. In1 such circumstance, the board shall hold a single informal review for all im-2 pacted employees. The process and procedure for the single informal review3 shall be determined by the local board of trustees.4

SECTION 4. That Section 33-911, Idaho Code, be, and the same is hereby5 amended to read as follows:6 33-911. SCHOOL DISTRICT FACILITIES FUND. (1) There is hereby cre-7 ated in the state treasury the school district facilities fund. The fund8 shall consist of moneys provided pursuant to sections 57-811, 63-3638, and9 67-7434, Idaho Code, and any legislative transfers or appropriations. In-10 terest earned from the investment of moneys in the fund shall be returned to11 the fund. Moneys in the fund are hereby continuously appropriated for the12 purposes stated in this section.13 (2) The moneys in the fund shall be distributed by the state controller14 to the state department of education by August 1 each year for the purpose of15 construction or renovation of school facilities. The moneys shall be dis-16 tributed by the state department of education to each school district, as17 defined in section 33-1001(21)(23), Idaho Code, first as provided in sub-18 section (7) of this section and then on a per-pupil basis using the average19 daily attendance calculation provided in section 33-1003A, Idaho Code, for20 each student in kindergarten through grade 12 at physical facilities that21 are part of and on school grounds of the school district in which the student22 is enrolled with verification, as needed, by the office of the state board23 of education. Upon formal approval by the state board of education, a school24 district may receive an exemption to the physical facility requirement pur-25 suant to this subsection if the student would have attended a physical facil-26 ity in the school district if not for a stated emergency. The state depart-27 ment of education shall transfer the moneys by no later than August 31 each28 year to each school district. Such moneys shall be used in place of property29 tax levy moneys and shall be expended by a school district for one (1) or more30 of the purposes set forth in paragraphs (a) through (f) of this subsection.31 Moneys in the fund must be used by a school district in the following order of32 priority:33 (a) Payment of existing school bonds authorized pursuant to chapter 11,34 title 33, Idaho Code, and issued prior to July 1, 2025;35 (b) Payments required pursuant to section 33-909, Idaho Code;36 (c) Payment of existing school bonds authorized pursuant to chapter 11,37 title 33, Idaho Code, and issued on or after July 1, 2025;38 (d) Payment of supplemental school levies authorized pursuant to sec-39 tion 33-802, Idaho Code, excluding indefinite term supplemental levies40 described in section 33-802(5), Idaho Code;41 (e) Payment of school plant facility levies authorized pursuant to sec-42 tions 33-804 and 33-804A, Idaho Code; and43 (f) Any moneys that remain following the payments provided in para-44 graphs (a) through (e) of this subsection may be: used for construction45 of a new school facility, renovation, or maintenance needs; used to46 secure and make payments on a new school facilities bond; or saved in47 a reserve account by the school district for future school facility48 needs. Uses of funds shall include regular and routine facilities49

12 maintenance, including preventive maintenance, building repairs, and1 building security, and periodic major facilities projects that involve2 planning, design, construction, renovation, retrofitting, and replac-3 ing of buildings and building systems, components, and features, as4 well as site acquisition, site improvements, and new construction.5 (3) The amount of moneys received by a school district pursuant to this6 section must be deducted from a school levy that would otherwise have been7 paid by property taxpayers. Such moneys may not be duplicated by the collec-8 tion of property tax, and no property taxes may be collected in order to make9 extra payments on expenses described in subsection (2) of this section in ex-10 cess of required amounts.11 (4) Each school district shall identify the amount received in the cur-12 rent year pursuant to this section in the certification of its budget in ac-13 cordance with section 63-803, Idaho Code. Said amount must be subtracted14 from the amount to be levied. The amount of moneys thereby saved from being15 collected by a property tax levy shall be reported on each property tax no-16 tice pursuant to section 63-902, Idaho Code.17 (5) Each school district shall report annually to the state department18 of education, in a manner prescribed by it, on the expenditure of moneys it19 has received pursuant to this section. The state department of education20 shall present the reports to the legislature each January.21 (6) For the purposes of this section, the Idaho school for the deaf and22 the blind shall be considered a school district and shall receive a distribu-23 tion based on the average daily attendance of the school.24 (7)(a) For state fiscal year 2025 only, any school district that would25 have received support from the bond levy equalization support program26 for a qualified bond passed prior to January 1, 2024, and for which prop-27 erty taxes were levied in property tax year 2023 pursuant to the amount28 intended by the bond shall receive a distribution of funds from the dis-29 tribution provided under subsection (2) of this section of at least as30 much as would have been provided through bond levy equalization support31 on July 1, 2024.32 (b) For state fiscal year 2026 only, any school district that would have33 received support from the bond levy equalization support program for a34 qualified bond passed prior to January 1, 2024, and for which property35 taxes were levied in property tax year 2024 pursuant to the amount in-36 tended by the bond shall receive a distribution of funds from the dis-37 tribution provided under subsection (2) of this section of at least as38 much as would have been provided through bond levy equalization support39 on July 1, 2025.40 (c) The state department of education may adjust distributions for re-41 maining districts proportionally as necessary pursuant to this para-42 graph. On and after July 1, 2024, school districts may use funds pro-43 vided in this section and section 33-913, Idaho Code, to offset the bond44 levy equalization support.45

SECTION 5. That Section 33-915, Idaho Code, be, and the same is hereby46 amended to read as follows:47 33-915. FIXED DISTRIBUTION -- SCHOOL MODERNIZATION FACILITIES FUND.48 (1) The state department of education shall establish a fixed distribution49

13 of funds to be made available for voluntary election to each school district1 subject to the conditions in this section.2 (a) The distribution shall be calculated in state fiscal year 20253 for each school district, as defined in section 33-1001(21)(23), Idaho4 Code, that is in operation as of July 1, 2024.5 (b) The distribution shall be calculated by multiplying the following6 two (2) factors, both of which shall be based on the most recent data7 available in the state fiscal year coinciding with the distribution8 calculation:9 (i) Calculate the per-pupil amount, using the average daily at-10 tendance calculation provided in section 33-1003A, Idaho Code,11 for each student in kindergarten through grade 12 at physical12 facilities that are part of and on school grounds of the school13 district in which the student is enrolled with verification, as14 needed, by the office of the state board of education. Upon formal15 approval by the state board of education, a school district may re-16 ceive an exemption to the physical facility requirement pursuant17 to this subsection if the student would have attended a physical18 facility in the school district if not for a stated emergency; and19 (ii) Calculate, together with the Idaho state building authority,20 the total amount that a bond issuance would generate, based on the21 amount established in section 63-3638(19), Idaho Code.22 (c) In no case shall the amount awarded to any school district be less23 than twenty-five thousand dollars ($25,000) over the ten (10) year pe-24 riod.25 (d) In no case shall the amount awarded to any school district with an26 active charter district maintenance and operation levy pursuant to sec-27 tion 33-802(6), Idaho Code, or a charter district supplemental mainte-28 nance and operation levy pursuant to section 33-802(4), Idaho Code, ex-29 ceed forty million dollars ($40,000,000) over the ten (10) year period.30 Excess funds shall be distributed proportionately according to the31 factors established in paragraph (b) of this subsection to remaining32 school districts that received initial allocations below forty million33 dollars ($40,000,000). Any districts receiving reallocations under34 this paragraph shall not exceed forty million dollars ($40,000,000).35 (e) For the purposes of this section, the Idaho school for the deaf and36 the blind shall be considered a school district and shall receive a dis-37 tribution based on the average daily attendance of the school.38 (2) The provisions of this section shall be null, void, and of no force39 and effect on and after June 30, 2034.40

SECTION 6. That Section 33-1201, Idaho Code, be, and the same is hereby41 amended to read as follows:42 33-1201. CERTIFICATE REQUIRED. (1) Every person who is employed to43 serve in any elementary or secondary school in the capacity of teacher,44 supervisor, administrator, education specialist, school nurse or school45 librarian or pupil service staff shall be required to have and to hold a46 certificate issued under authority of the state board of education, valid47 for the service being rendered; except that the state board of education may48 authorize endorsement for use in Idaho, for not more than five (5) years,49

14 certificates valid in other states when the qualifications therefor are not1 lower than those required for an Idaho certificate.2 (2) No certificate shall be required of a student who is attending any3 teacher-training institution and serving as a practice teacher or teacher4 apprentice in a state board of education-approved registered apprenticeship5 program for teachers in a classroom under the supervision of a certificated6 teacher and who is jointly assigned by such teacher-training institution and7 the governing board of a district or a public institution to perform practice8 teaching.9 (3) A student, while serving in a practicum, internship, apprentice-10 ship, or student teaching position under the supervision of a person cer-11 tificated pursuant to this section, shall be accorded the same liability in-12 surance coverage by the school district being served as that accorded such13 certificated person in the same district, and such student shall comply with14 all rules and regulations of the school district or public institution while15 serving in such a capacity.16

SECTION 7. That Section 33-1201A, Idaho Code, be, and the same is hereby17 amended to read as follows:18 33-1201A. IDAHO PROFESSIONAL ENDORSEMENT -- ELIGIBILITY. (1) Any in-19 structional staff employee or any pupil service staff employee will receive20 mentoring as outlined in such employee's individualized professional learn-21 ing plan during the initial three (3) years of holding such certificate.22 Upon holding a certificate for three (3) years, any such instructional staff23 or pupil service staff employee may apply for an Idaho professional endorse-24 ment. Upon holding a professional endorsement for five (5) years or more,25 any such instructional staff or pupil service staff employee may apply for an26 Idaho advanced professional endorsement. Individuals who hold an instruc-27 tional staff certificate and a pupil service staff certificate shall have28 their experience based on the overall years of experience if held consecu-29 tively or the certificate they have held the longest if dually certificated.30 (2) To be eligible for an Idaho professional endorsement, the instruc-31 tional staff or pupil service staff employee must:32 (a) Have held a certificate and been employed in a public school for at33 least three (3) years or have completed a state board of education-ap-34 proved interim certificate of three (3) years or longer;35 (b) Show they met the professional compensation rung performance cri-36 teria for two (2) of the three (3) previous years or the third year;37 (c) Have a written recommendation from the employing school district;38 and39 (d) Have an annual individualized professional learning plan developed40 in conjunction with the employee's school district supervisor.41 Instructional staff employees may provide additional evidence demonstrat-42 ing effective teaching that may be considered in exceptional cases for43 purposes of determining proficiency and student achievement in the event44 required standards for professional endorsement are not met. Pupil service45 staff employees may provide additional evidence demonstrating effective46 student achievement or success that may be considered in exceptional cases47 for purposes of determining proficiency and student achievement or success48 in the event required standards for professional endorsement are not met.49

15 (3) To be eligible for an Idaho advanced professional endorsement, the1 instructional staff or pupil service staff employee must:2 (a) Have held a renewable certificate and been employed in a public3 school for at least eight (8) years or more or have completed a state4 board of education-approved interim certificate of three (3) years or5 longer and held a renewable certificate and been employed in a public6 school for five (5) years or more;7 (b) Show they met the professional compensation rung performance cri-8 teria for four (4) of the five (5) previous years or the third, fourth,9 and fifth year;10 (c) During three (3) of the previous five (5) years, have served in11 an additional building or district leadership role in an Idaho public12 school, including but not limited to:13 (i) Instructional specialist or instructional coach;14 (ii) Mentor;15 (iii) Curriculum or assessment committee member;16 (iv) Team or committee leadership position;17 (v) Data coach; or18 (vi) Other leadership positions identified by the school dis-19 trict;20 (d) Have a written recommendation from the employing school district;21 (e) Have an annual individualized professional learning plan developed22 in conjunction with the employee's supervisor and a self-evaluation;23 and24 (f)(i) Effective July 1, 2020, through June 30, 2021, show they25 have met the advanced professional compensation rung performance26 criteria for three (3) of the five (5) previous years or the fifth27 year;28 (ii) Effective July 1, 2021, through June 30, 2022, show they have29 met the advanced professional compensation rung performance cri-30 teria for three (3) of the five (5) previous years or the fourth and31 fifth year; or32 (iii) Effective July 1, 2022, show they have met the advanced pro-33 fessional compensation rung performance criteria for three (3) of34 the five (5) previous years.35 Instructional staff employees may provide additional evidence demon-36 strating effective teaching that may be considered in exceptional cases37 for purposes of determining proficiency and student achievement in the38 event required standards for the advanced professional endorsement are not39 met. Pupil service staff employees may provide additional evidence demon-40 strating effective student achievement or success that may be considered41 in exceptional cases for purposes of determining proficiency and student42 achievement or success in the event required standards for the advanced pro-43 fessional endorsement are not met.44 (4) Instructional staff and pupil service staff who have been certified45 in another state shall be eligible for the professional endorsement if they:46 (a) Have a written recommendation from the employing school district;47 (b) Have worked in a certificated position in a compact-member state48 other than Idaho pursuant to section 33-4104, Idaho Code; and49

16 (c) Would have been eligible to work in a certificated position in an1 Idaho public school based on that certification for three (3) to eight2 (8) years.3 (5) Instructional staff and pupil service staff who have been certified4 in another state shall be eligible for the advanced professional endorsement5 if they:6 (a) Have a written recommendation from the employing school district;7 (b) Have worked in a certificated position in a compact-member state8 other than Idaho pursuant to section 33-4104, Idaho Code; and9 (c) Would have been eligible to work in a certificated position in an10 Idaho public school based on that certification for nine (9) years or11 more.12 (6) Instructional staff and pupil service staff who have worked in13 an accredited private school and maintained their instructional or pupil14 service staff certification may use their years of private school work ex-15 perience to meet the years of experience requirements for the professional16 and advanced professional endorsement. Such staff may provide additional17 evidence demonstrating effective teaching that may be considered in excep-18 tional cases for purposes of determining proficiency and student achieve-19 ment requirements for professional and advanced professional eligibility20 criteria.21 (7) Individuals holding a professional endorsement or an advanced pro-22 fessional endorsement will be annually evaluated in at least two (2) domains23 in the state evaluation framework approved by the state board of education.24 All other instructional or pupil service staff employees must be evaluated25 across all domains in the evaluation framework. Ratings in the domains de-26 scribed in section 33-1001(20)(b)(22)(b), Idaho Code, are required as part27 of the advanced professional compensation rung performance criteria.28 (8) The state board of education shall promulgate rules implementing29 the provisions of this section.30 (9) For the purposes of this section:31 (a) "Certificate" means an Idaho instructional certificate, pupil32 service staff certificate, or out-of-state educator certificate that33 meets the requirements for reciprocity under rules promulgated by the34 state board of education;35 (b) In conjunction with the Idaho evaluation framework, "individual-36 ized professional learning plan" means an individualized professional37 development plan based on the Idaho framework for teaching evaluation38 and includes, at a minimum, identified interventions based on the indi-39 vidual's strengths and areas of needed growth, how the individual will40 set student achievement and growth goals, and areas of identified pro-41 fessional development and mentoring that target continuous improvement42 in professional areas, future student achievement, and school building43 or district culture;44 (c) "Instructional staff" means those involved in the direct instruc-45 tion of a student or group of students and who hold a certificate issued46 under section 33-1201, Idaho Code;47 (d) "Pupil service staff" means those who provide services to students48 but are not involved in direct instruction of those students and who49 hold a certificate issued under section 33-1201, Idaho Code; and50

17 (e) "School district" means a school district or a public charter1 school.2

SECTION 8. That Section 33-1204, Idaho Code, be, and the same is hereby3 amended to read as follows:4 33-1204. VALIDITY, DURATION, RENEWAL, AND LAPSE OF CERTIFICATES --5 LIFETIME INSTRUCTIONAL AND LIFETIME ADMINISTRATOR CERTIFICATES. (1) The6 state board of education shall by rule provide for the validity, duration,7 renewal, and lapse of certificates. In addition, rules promulgated by the8 state board of education shall set forth criteria for renewal of adminis-9 trator certificates, which shall include a requirement that administrator10 certificate holders must complete a course consisting of a minimum of three11 (3) semester credits in the statewide framework for teachers' evaluations.12 Such course shall include a laboratory component.13 (2) If the holder of a certificate who has undergone a criminal history14 check pursuant to district policy as provided in section 33-512(15), Idaho15 Code, is found to have been convicted of any felony crime enumerated in sec-16 tion 33-1208, Idaho Code, the certificate shall be revoked or suspended as17 provided in this chapter.18 (3) The state board of education may by rule require professional de-19 velopment credits as a condition of certificate renewal, provided that such20 rule must recognize providing instruction in a professional development21 course or in a course at an institution of higher education as an option to22 complete required credits.23 (4) The state board of education may, subject to legislative approval,24 establish rules to provide for the issuance of a lifetime instructional25 certificate, a pupil service staff certificate, or a lifetime administra-26 tor certificate to any certificated teacher or administrator staff who has27 accumulated at least twenty-five (25) years of combined teaching and ad-28 ministration certificated experience in an Idaho school district, a public29 charter school in Idaho, or an equivalent public school system in another30 jurisdiction. Experience in either teaching or administration any certifi-31 cated position may be applied toward the total required years for either the32 certificate. Such certificate shall:33 (a) Be issued at no cost to the teacher or administrator Idaho certifi-34 cated individual;35 (b) Not require any ongoing reporting, maintenance, or professional36 development from the teacher or administrator Idaho certificated indi-37 vidual; and38 (c) Be valid for the duration of the teacher's or administrator's Idaho39 certificated individual's lifetime, provided that the teacher or ad-40 ministrator Idaho certificated individual does not engage in any pro-41 fessional misconduct that would warrant revocation pursuant to section42 33-1208, Idaho Code.43

SECTION 9. That Section 33-1636, Idaho Code, be, and the same is hereby44 amended to read as follows:45 33-1636. INNOVATION CLASSROOMS. (1) For purposes of this section:46

18 (a) "Alternative curriculum" means a curriculum in one (1) or more sub-1 ject areas that is different than the curriculum in such area or areas2 offered by a school district. An alternative curriculum may encompass3 one (1) or more subject areas but must include, at a minimum, an alterna-4 tive curriculum in mathematics, history, English language arts, or sci-5 ence.6 (b) "Innovation classroom" means a classroom in which an alternative7 curriculum is offered.8 (c) "Requesting party" means a person or group of persons that requests9 an innovation classroom agreement from a school district. Such person10 or group must include:11 (i) A certified teacher or teachers in a school district; or12 (ii) A parent or parents whose child or children attend school in a13 school district.14 (2) A school district may enter into an innovation classroom agreement15 with a requesting party if the requesting party represents a group of stu-16 dents that is equal to or greater than the average class size in the school.17 The school district must indicate willingness or nonwillingness to enter18 into negotiation within sixty (60) days of the receipt of the request.19 (3) An innovation classroom agreement must include:20 (a) The name of any teacher or other certificated staff member who will21 be working in the innovation classroom. Any such teacher must be agreed22 upon by the school district and the parents of the students who will be23 receiving instruction in the innovation classroom;24 (b) The names of the students participating in the innovation class-25 room;26 (c) A description of how and where the innovation classroom's instruc-27 tion will take place and whether instruction will include in-person,28 hybrid, or virtual components. If requested, the school district must29 provide a classroom for the innovation classroom;30 (d) Growth criteria or other measures of student learning, such as31 those found in section 33-1001(18)(19), Idaho Code;32 (e) The alternative curriculum and instructional materials to be used33 in the innovation classroom. The parents of the participating students34 must agree to the alternative curriculum, and the school district will35 determine whether the alternative curriculum meets state standards and36 recommend ways to supplement the alternative curriculum, if applica-37 ble;38 (f) A description of an innovation classroom student's access to or39 use of the school district's transportation, playground, cafeteria,40 after-school activities, special education, and other services or fa-41 cilities; and42 (g) The date upon which the innovation classroom will start.43 (4) Students in an innovation classroom may use transportation ser-44 vices offered by the school district if the schedule of the innovation class-45 room is consistent with the school district's schedule or if the parties46 provide for transportation services in the innovation classroom agreement.47 (5) For purposes of compensation, any teacher or other certificated48 staff member working in an innovation classroom will be an employee of the49 school district and will be entitled to receive or participate in the public50

19 employee retirement system of Idaho, federal social security, unemployment1 insurance, worker's compensation, health insurance, and other benefits and2 compensation to the same extent as other employees in the school district.3 (6) Students enrolled in an innovation classroom will be enrolled in4 the school district for the purpose of calculating educational support pro-5 gram funds apportioned to the school district. The school district must ap-6 portion funds for instructional use in an innovation classroom in an amount7 substantially similar to funds apportioned for instruction of students at8 the same grade level who do not participate in the innovation classroom.9 (7) Students participating in an innovation classroom will not be in-10 cluded in the public school accountability results for the school district11 unless the school district so desires or such inclusion is required by appli-12 cable law or rule. The school district will not be responsible for services13 for participating students, except those services described in the innova-14 tion classroom agreement.15 (8) Students in an innovation classroom must take any required state16 testing.17 (9) Innovation classrooms must:18 (a) Comply with the conditions or procedures established in the innova-19 tion classroom agreement; and20 (b) Comply with applicable laws, including state, federal, and local21 laws prohibiting discrimination and laws governing safety, including22 but not limited to sections 33-122 and 33-130, Idaho Code.23

SECTION 10. An emergency existing therefor, which emergency is hereby24 declared to exist, this act shall be in full force and effect on and after25 July 1, 2026.26