Amends existing law to revise provisions regarding the Model School Facility Council.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1439 BY JUDICIARY AND RULES COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-917, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING THE MODEL SCHOOL FACILITY COUNCIL; AND DECLARING AN3 EMERGENCY.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 33-917, Idaho Code, be, and the same is hereby6 amended to read as follows:7 33-917. SCHOOL DISTRICT USE OF FUNDS -- SCHOOL MODERNIZATION FACILI-8 TIES FUND.9 (1)(a) Moneys distributed to a school district shall be used for school10 facility construction, renovation, or maintenance needs or, in the case11 of school districts electing annualized distributions, funds shall12 be used subject to section 33-911, Idaho Code. Uses of funds shall13 include regular and routine facilities maintenance, including preven-14 tive maintenance, building repairs, and building security, and shall15 also include periodic major facilities projects that involve plan-16 ning, design, construction, renovation, retrofitting, and replacing17 of buildings and building systems, components, and features, as well as18 site acquisition, site improvements, and new construction.19 (b) Any funds distributed by the state to school districts for facil-20 ities must be used only for the purposes described in this subsection.21 Any funds intended for facilities but used for another purpose shall be22 returned to the state by the school district and deposited to the school23 modernization facilities fund. If the school district fails to return24 such funds, an amount equivalent to the misused funds shall be deducted25 from the state's next payment to the school district pursuant to this26 chapter or chapter 52, title 33, Idaho Code.27 (2) All funds shall be used for school facilities directly related to28 the school district's core educational mission. No funds shall be used for29 facilities with a primary athletic purpose.30 (3) Each school district shall annually report to the state department31 of education, in a manner prescribed by the state department of education, on32 the planned and actual expenditure of moneys it has received pursuant to this33 section.34 (4) A model school facility council shall be created by July 1, 2024,35 to research, adopt, and recommend a model school facility plan that schools36 shall abide by when using school modernization facilities fund moneys pur-37 suant to the plan adopted in paragraph (c) of this subsection. The council38 shall:39 (a) Be chaired by the executive director of the office of the state40 board of education, with administrative support provided by the office41 of the state board of education;42

2 (b) Consist of nine (9) members, with three (3) members appointed by1 the governor, three (3) members appointed by the speaker of the house of2 representatives, and three (3) members appointed by the president pro3 tempore of the senate; and4 (c) Adopt a model school facility plan and submit it to the legislature5 by July 1, 2026 2027, that:6 (i) Outlines a clear plan for school facility construction, in-7 cluding standardization for elementary schools, middle schools,8 and high schools;9 (ii) Considers potential variability of school properties, ob-10 jectives, and goals; and11 (iii) Consults all necessary experts to develop a thorough plan12 for school facilities to guide the use of funds from the school13 modernization facilities fund.14

SECTION 2. An emergency existing therefor, which emergency is hereby15 declared to exist, this act shall be in full force and effect on and after its16 passage and approval.17