Education Rules of Idaho – Idaho Administrative Procedures Act (IDAPA)

Temporary, Proposed, and Pending Administrative Rules

Administrative Rules have the force and effect of law and as such are subject to a comprehensive process that includes review and approval by the Idaho Legislature in order to become final and enforceable.

The Idaho Administrative Code is a compilation of all administrative rules that are currently in effect and fully enforceable. Education Rules fall under IDAPA 08 Administrative Rules. An Index of Current Proposed Rules is also available.

Temporary Rules

  • Docket 08-0113-1801 Notice of Adoption of Temporary Rule, Bulletin Vol. 18-6 (eff. 4-19-18)T – Rules Governing the Opportunity Scholarship
  • Docket 08-0203-1802 Notice of Adoption of Temporary Rule, Bulletin Vol. 18-6 (eff. 4-19-18)T – Rules Governing Thoroughness – Graduation Requirements

Pending Documents Incorporated by Reference

Rules Governing Uniformity (08.02.02.004)

Rules Governing Thoroughness (08.02.03.004)

Rules Governing Seed Certification (08.05.01.004)

Proposed/Pending Administrative Rules – 2018-2019

08.01.04, Residency

08-0104-1801 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 – Residency for Tuition Purposes
08-0104-1801 Proposed Rulemaking, Bulletin Vol. 18-10
08-0104-1801 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
The pending amendments remove obsolete references to Eastern Idaho Technical College, simplifying the definition of “support” for determining if a student is a dependent of a parent or guardian and remove an undefined reference to “hourly equivalent” in reference to full-time employment.

08.01.13, Rules Governing the Idaho Opportunity Scholarship Program

08-0113-1802* Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 – Adult Learner Requirements
08-0113-1802* Proposed Rulemaking, Bulletin Vol. 18-10
08-0113-1802* Notice of Vacation of Proposed Rulemaking, Bulletin Vol. 19-1

08.02.02, Rules Governing Uniformity

08-0202-1801 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-2 – Idaho Standards for Initial Certification
08-0202-1801 Proposed Rulemaking, Bulletin Vol. 18-8
08-0202-1801 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
The Professional Standards Commission (PSC) follows a strategic plan of annually reviewing 20% of the Idaho Standards for Initial Certification of Professional School Personnel, a document incorporated by reference, as well as the corresponding certification and endorsement language within IDAPA. The proposed rule reflects a revised State Board of Education adoption date of the Idaho Standards for Initial Certification of Professional School Personnel and certification and endorsement revisions for school nurse, teacher librarian, teacher leader, gifted and talented, English, online teacher, and literacy. Other amendments include a new definition of clinical experience and supporting definitions, new endorsements for Middle School Social Studies and Middle School Science, and language regarding the use of continuing education units toward certificate renewal by pupil service staff certificate holders who also hold a professional license through the Bureau of Occupational Licenses. Technical corrections include corrections to numeric order, alphabetical order, spelling, punctuation, and/or grammar.

08-0202-1802* Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7  Alternate Route to Certification – Administrator
08-0202-1802* Proposed Rulemaking, Bulletin Vol. 18-10
08-0202-1802* Notice of Vacation of Proposed Rulemaking, Bulletin Vol. 19-1

08-0202-1803 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 –  Educator Certification/Credential
08-0202-1803 Proposed Rulemaking, Bulletin Vol. 18-10
08-0202-1803 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
IDAPA 08.02.02 establishes requirements for individuals to be granted an educator credential (become certified) in Idaho.  Additional provisions within this section of Administrative Code set out uniform processes and regulations for meeting the Idaho Constitutional requirement for a uniform system of public schools.

Pending amendments make technical corrections to IDAPA 08.02.02.042 Alternate Routes to Certification, subsection 02, Alternative Authorization – Content Specialist to clarify that the required “recommendation for full certification” is not the defined term “Institutional Recommendation.”  The recommendation for full certification is a recommendation that is given by the consortium (school district and Board approved educator preparation program) that the individual has completed their individualized alternative route preparation program and is recommended for full certification.  The proposed amendment will change the wording to “certificate of completion.” Technical corrections include adding the word “standard” to IDAPA 08.02.02.100. Official Vehicle for Approving Teacher Education Program, subsection 01.  Educator preparation programs must meet the Council for Accreditation of Educator Preparation Standards (CAEP) and the Board approved Idaho Standards for Initial Certification of Professional School Personnel.  The word “standard” was at some point in the past dropped from the reference to the CAEP standards, this amendment adds the word back in.  Additional changes will align terminology for consistency and update terms to current usage.

08-0202-1804 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 – Professional Endorsement
08-0202-1804 Proposed Rulemaking, Bulletin Vol. 18-10
08-0202-1804 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
Section 33-1201A allows for instructional staff and pupil service staff to provide additional evidence demonstrating effective teaching that may be considered in exceptional cases for purposes of determining proficiency and student achievement in the event required standards for professional endorsement are not otherwise met. This provision allows for staff coming from out-of-state who have held a certificate for three (3) or more years to provide evidence that they have met the professional compensation rung performance criteria for two (2) of the three (3) previous years or the third (most recent) year for eligibility purposes.  This evidence could be in the form of evaluations from the state they are coming from that are aligned with the Idaho evaluation standards and evidence that the majority of their students during the applicable time period met their student achievement performance targets.

The pending rule will create a new subsection setting out a process for individuals and school districts to establish eligibility and apply to the Department of Education for the Professional Endorsement.

08-0202-1805* Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 – Occupational Specialist Certification (CTE Educators) Endorsements
08-0202-1805* Proposed Rulemaking, Bulletin Vol. 18-10
08-0202-1805* Notice of Vacation of Proposed Rulemaking, Bulletin Vol. 19-1

08.02.03, Rules Governing Thoroughness

08-0203-1801 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-2 – Special Education Manual
08-0203-1801 Proposed Rulemaking, Bulletin Vol. 18-8
08-0203-1801 Adoption of Pending Rule, Bulletin Vol. 18-12 (PLR 2019)
This rulemaking amends the adoption date of the Idaho Special Education Manual (Manual), an incorporated document. Modifications to the Manual are necessary to ensure compliance with IDAPA, Idaho Code, the Individuals with Disabilities Education Act (IDEA), the Every Student Succeeds Act (ESSA), and recent court decisions. Substantive amendments to the Manual, approved by the Idaho State Board of Education on June 20, 2018, include: aligning the definition of a Free and Appropriate Public Education to recent United States Supreme Court decisions and language describing the development of a student’s individualized education program; amending the “Visual Impairment Including Blindness” eligibility criteria based on non-exclusionary guidance from the Office of Special Education; updating the eligibility category of “Emotional Disturbance” to “Emotional Behavioral Disorder”; defining significant cognitive impairments and revising alternate assessment participation criteria for clarity as required by ESSA; clarifying that “objectives and benchmarks” are required for students taking alternative assessments; clarifying provisions for transition planning, postsecondary goal setting, and discontinuation of services; revising private school consultations and processes for resolving disputes; making minor language changes in Chapter 4 for “Developmental Delay”; clarifying the Idaho Special Education Results Driven Accountability Monitoring System; revising disciplinary procedures to comply with IDEA; and updating dispute resolution procedures and processes with present standards of practice and IDEA.

08-0203-1803 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 ­– Graduation Requirements
08-0203-1803 Proposed Rulemaking, Bulletin Vol. 18-10
08-0203-1803 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
Section 33-523, Idaho Code, exempts students who complete eight or more credits in mathematics and have completed Algebra II or higher-level mathematics prior to the student’s senior year from taking a mathematics class during the student’s senior year.    The proposed amendments add this exception to the current language to align with Idaho Code.

Additional amendments include:

  • Updating the reference to Algebra to add integrated math to be consistent with integrated math offerings by school districts and charter schools.
  • Removing restrictions on computer science courses to also allow for computer science courses aligned to the Idaho Computer Science Content Standards at the high school level to count toward math or science graduation requirements
  • Providing clarification to the senior project requirements.

08-0203-1804 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7 – Career Technical Education Content Standards
08-0203-1804 Proposed Rulemaking, Bulletin Vol. 18-10
08-0203-1804 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
To be consistent with the treatment of academic content standards, during the 2016 rulemaking the Division started the process of bringing the career technical education content standards forward for incorporation into Administrative Code.  The standards being considered this year add the following subcategories into the current content standard areas:

In addition to adding these subsections to the existing categories, The Collision Repair content standards currently under Skilled and Technical Sciences is being amended.

08-0203-1805 Proposed Rulemaking, Bulletin Vol. 18-8 – Annual Measurable Achievement Objectives Reference Removal
08-0203-1805 Adoption of Pending Rule, Bulletin Vol. 18-12 (PLR 2019)
Under the current assessment and accountability system, Annual Measureable Achievement Objectives (AMAOs) are obsolete. This rulemaking action removes references to AMAOs from IDAPA 08.02.03.

08.05.01, Rules Governing Seed and Plant Certification – Regents of the University of Idaho

08-0501-1801 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-7
08-0501-1801 Proposed Rulemaking, Bulletin Vol. 18-10
08-0501-1801 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
Idaho Crop Improvement Association has identified updates to the Idaho Potato Certification standards previously amended and approved on February 28, 2017.  These standards are incorporated by reference into administrative rule and any changes to the standards require they go through the rulemaking process.

The proposed amendments would standardize the terminology used, changing "generation" to "field year." Amending the terminology is intended as a first step in standardizing the terminology across states and thereby eliminating the need for an equivalency table to keep track of the differences.  "Nuclear" would be "field year" (FY) 1. “Gen 1” would be “FY2.” “Gen 2” would be “FY3” and so forth through “Gen 6,” which would become “FY7.”

47.01.02, Rules and Minimum Standards Governing Extended Employment Services

47-0102-1801 Notice of Intent to Promulgate a Rule – Negotiated Rulemaking, Bulletin Vol. 18-5
47-0102-1801 Proposed Rulemaking, Bulletin Vol. 18-10
47-0102-1801 Adoption of Pending Rule, Bulletin Vol. 19-1 (PLR 2019)
Extended Employment Services provide long-term maintenance services to assist customers in maintaining employment or in gaining employment skills in preparation for community employment, or which provide assistance to adult customers with disabilities with an industry/business community setting or a community rehabilitation program intended to maintain paid employment.  Such series include individual supported employment, group community-based non-integrated supported employment and work services.

The proposed amendments make technical corrections, add defined terms, and update the referral and eligibility requirements for the Extended Employment Services Program.