Special Education

Other Special Training; Part II. Exceptional Children (ch. 301).

SEC. 301-21. Exceptional children; special facilities, services.– The following terms wherever used or referred to in this part shall have the following respective meanings:

"Exceptional children" includes:

(1) Children under twenty years of age who deviate from the so-called normal person in physical, mental, social, or emotional characteristics or abilities to such an extent that specialized training, techniques, and equipment are required to enable these persons to attain the maximum of their abilities or capacities;

(2) Children under twenty years of age who by reason of physical defects cannot attend the regular public school classes with normal children; and (3) Children under twenty years of age who are certified by a licensed physician eligible to membership in the state medical society to be emotionally maladjusted or intellectually incapable of profiting from ordinary instructional methods.

"Special facilities" includes buildings, equipment, and material; transportation; boarding home; personnel qualified to work with exceptional children. "Special services" means physiotherapy, or any form of muscle training, speech training, occupational therapy, vocational training, psychological evaluation, or any of them.

SEC. 301-22. Departmental duty toward exceptional children.—It is hereby declared to be of vital concern to the State that all exceptional children residing in the State be provided with instruction, special facilities, and special services for education, therapy, and training to enable them to live normal competitive lives. In order to effectively accomplish such purpose the department of education shall establish and administer instruction, special facilities, and special services for the education, therapy, and training of exceptional children, and provide in connection therewith corrective therapy, together with academic, occupational, and related training. The department shall cooperate with other agencies of the State charged with the administration of laws providing any type of service or aid to the exceptional child, and with the United States government through any appropriate agency or instrumentality in developing, extending, and improving such instruction, special facilities, and special services.

This program shall include boarding facilities, when necessary, special classes in schools or homes, and such other facilities as shall be required to render appropriate services to the exceptional child. Existing facilities, buildings, and equipment belonging to or operated by the State shall be made available for these purposes when use thereof does not conflict with the primary use of such facilities.

SEC. 301-23. Division of special education; personnel.-There shall be within the department of education a division of special education for the promotion, direction and supervision and control of the program; and the department may employ necessary personnel adequately qualified by training and experience to direct and supervise the types of instruction, special facilities, and special services specified in this part.

SEC. 301-24. Facilities, service, when required.-Where one or more exceptional children are found in any one district superintendent's district the superintendent of education shall provide instruction, special facilities, and special services according to the specifications of this part in a manner most expedient and economical.

SEC. 301-25. Eligibility standards.-The eligibility of exceptional children for instruction, special facilities, and special services shall be determined in accordance with those standards established by the department of education.

SEC. 301-26. Studies, surveys, rules.-The department of education shall establish and make such studies, surveys, evaluations, and rules and regulations as are necessary to carry out the purposes of this part.

SEC. 301-27. Physiotherapist and occupational therapist to be provided.— The department of health may, in cooperation with the department of

education, provide one physiotherapist and one occupational therapist for those exceptional children in the primary and elementary grades within the schools of the city and county of Honolulu needing such services, and, in that connection, may accept funds from private sources and divert any funds appropriated to the board whenever in the opinion of the board such funds can be used to better advantage by being so diverted.

Curriculum

Driver Education (ch. 299).

SEC. 299-1. Driver education.-(a) The department of education may establish and administer a motor vehicle driver education and training program to be conducted at each public high school in the State after regular school hours, on Saturdays, and during the summer recess.

(b) The department shall, for the purpose of this section:

(1) Set the prerequisites and priorities for enrollment in the course of driver education and training which shall be open to every resident of the State who is fifteen years of age or older and under nineteen years of age. . .

Pupil Transportation

Department of Education (ch. 296).

SEC. 296-45. Transportation of school children.-The Department of Education may provide suitable transportation to and from school and for educational field trips for all children in grades kindergarten to twelve and in special education classes. The department shall adopt such policy, procedure, and program as it deems necessary to provide suitable transportation. In formulating the policy, procedure, and program, the department shall consider the school district, the school attendance area in which a school child normally resides, the distance the school child lives from the school, the availability of public carriers or other means of transportation, the frequency, regularity, and availability of public transportation, and the grade level, physical handicap, or special learning disability of a school child, and it may also consider such conditions and circumstances unique or peculiar to a county or area.

The department shall, in the manner provided in Chapter 91, promulgate rules and regulations governing the supervision and administration for the transportation of school children under sections 296-45 and 296-46.

Records and Reports

See APPROVAL/SUPERVISION/SUPPORT, Ch. 298, Part I., Schools and Attendance, Generally, Sec. 298-19.

Teacher Certification

Personnel of Public and Private Schools (ch. 297).

SEC. 297-1. Definition, school. For the purpose of this part the word "school" includes every academic and noncollege type of school, whether under governmental supervision or otherwise, except sabbath schools which convene once each week.

SEC. 297-2. Teachers; qualifications; certificates.-No person shall serve as a teacher in any school without first having obtained a certificate from the department of education, which certification shall be issued without cost to the teacher, in such form as the department determines. The department shall establish types of certificates in the educational field and the requirements to qualify for those certificates.

SEC. 297-3. Certificates; revocation.-The department of education may revoke any certificate after issuance thereof when satisfied that the holder thereof does not possess the qualifications mentioned in section 297-2, but in

such case the holder of the certificate shall first be given full opportunity to justify the holding of the certificate.

SEC. 297-4. Teaching without certificates; penalty.-Except as otherwise provided, whoever serves as a teacher, without holding an unrevoked certificate issued hereunder, shall be fined not more than $25.

SEC. 297-14. School teachers afflicted with tuberculosis.-No person who has contracted tuberculosis shall, while afflicted with the disease, be allowed to teach in any public or private school.

Health and Safety

Part II. School Entry Examination (ch. 298).

SEC. 298-41. Definitions.-As used in this part, "school" means any day care center, child care facility, headstart program, preschool, kindergarten, elementary, or secondary school, public or private, including any special school for children in the State.

SEC. 298-42. Immunization upon entering school; tuberculin testing.(a) No child shall be admitted to any school for the first time in the State unless such child presents to the appropriate school official certification from a licensed physician stating that the child has received immunizations against communicable diseases as required by the department of health.

(b) No child shall be admitted to any school for the first time in the State unless such child presents to the appropriate school official certification from a licensed physician or other authorized personnel stating the child has received a tuberculin test or x-ray.

SEC. 298-46. Immunization of indigent children.-The department of health shall provide all immunizations and tuberculin tests to comply with this part, as far as public funds will permit, to each child whose parents, guardians, or custodians cannot afford to have the child immunized or tested for tuberculosis

SEC. 298-47. Physical examination required.-No child shall be admitted to any school for the first time in the State unless such child presents to the appropriate school official a certification from a licensed physician stating that the child has undergone a physical examination...

Department of Health (ch. 321).

SEC. 321-11. Subjects of health regulations, generally.-The department of health may make such regulations as it deems necessary for the public health and safety respecting: ***

(22) Medical examination, vaccination, revaccination, and immunization of school children * * *

SEC. 321-101. Sight conservation and prevention of blindness.—(a) The departments of health and education shall cooperate with each other and other

public and private authorities as they may deem advisable for the education of children in the conservation of eyesight and the prevention of blindness, and may recommend for sight-saving glasses, or for the state school for the blind, children certified by any reputable oculist and optometrist, as fit subjects for instruction therein. All such certifications shall be reviewed by a medical doctor designated by the department of health.

(b) They shall conduct or supervise such vision-testing activities in public and private schools as they deem advisable to determine which children have defective vision and shall make recommendations for the conservation or correction of their vision, and shall cooperate to secure proper lighting and in such other measures as they may deem advisable to remedy conditions which may be conducive to or cause weakness of eyesight.

(c) They shall cause to be conducted classes and lectures in sight conservation and prevention of blindness for teachers and public health nurses and others engaged in like work, and cooperate with public and private organizations and societies in an effort to educate the public in the importance of sight conservation.

Compiler's Note: See also TEACHER CERTIFICATION, Ch. 297, Personnel of Public and Private Schools, Sec. 297-14.

Federal Aid

Department of Education (Ch. 296).

SEC. 296.33. Administration and use of federal funds education, designated as the administrators of such funds as may be allotted to the State under federal legislation for public educational purposes, shall, subject to such limitations as may be imposed by congressional action, use and expend such funds:

(6) For any of such purposes and to such extent as shall be permitted by the acts of Congress concerned.

SEC. 296-43. School lunches.-School lunches will be made available under the school lunch program in every school where the students are required to eat lunch at school.

CONSTITUTIONAL PROVISIONS

Public Aid For Nonpublic Schools

Public Indebtedness and Subsidies (art. 8).

SEC. 2. Loan of state's credit prohibited-Holding stock in corporation prohibited-Development of water power.-The credit of the state shall not, in any manner, be given, or loaned to, or in aid of any individual, association, municipality or corporation; nor shall the state directly or indirectly, become a stockholder in any association or corporation, provided, that the state itself may control and promote the development of the unused water power within this state.

SEC. 4. County, etc., not to loan or give its credit.-No county, city, town, township, board of education, or school district, or other subdivision, shall lend, or pledge the credit or faith thereof directly or indirectly, in any manner, to, or in aid of any individual, association or corporation, for any amount or for any purpose whatever, or become responsible for any debt, contract or liability of any individual, association or corporation in or out of this state.

Education and School Lands (art. 9).

SEC. 5. Sectarian appropriations prohibited.-Neither the legislature nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation, or pay from any public fund or moneys whatever, anything in aid of any church or sectarian or religious society, or for any sectarian or religious purpose or to help support or sustain any school, academy, seminary, college, university or other literary or scientific institution, controlled by any church, sectarian or religious denomination whatsoever; nor shall any grant or donation of land, money or other personal property ever be made by the state, or any such public corporation, to any church or for any sectarian or religious purpose.

Corporations, Municipal (art. 12).

SEC. 4. Municipal corporations not to loan credit.-No county, town, city, or other municipal corporation, by vote of its citizens or otherwise, shall ever become a stockholder in any joint stock company, corporation or association whatever, or raise money for, or make donation or loan its credit to, or in aid of, any such company or association: provided, that cities and towns may contract indebtedness for school, water, sanitary and illuminating purposes: provided, that any city or town contracting such indebtedness shall own its just proportion of the property thus created and receive from any income arising therefrom, its proportion to the whole amount so invested.

Tax Exemptions For Nonpublic Schools

Finance and Revenue (art. 7).

SEC. 5. Taxes to be uniform-Exemptions- *** the legislature may allow such exemptions from taxation from time to time as shall seem necessary and just, and all existing exemptions provided by the laws of the territory, shall continue until changed by the legislature of the state: provided further, that duplicate taxation of property for the same purpose during the same year, is hereby prohibited.

Miscellaneous

Education and School Lands (art. 9).

SEC. 9. Compulsory attendance at schools.-The legislature may require by law that every child shall attend the public schools of the state, throughout the period between the ages of six and eighteen years, unless educated by other means, as provided by law.

Corporations, Public and Private (art. 11).

SEC. 2. Special charters prohibited. -No charter of incorporation shall be granted, extended, changed or amended by special law, except for such municipal, charitable, educational, penal, or reformatory corporations as are or may be, under the control of the state; but the legislature shall provide by general law for the organization of corporations.

SEC. 3. Revocation and alteration of charters.-The legislature may provide by law for altering, revoking, or annulling any charter of incorporation, existing and revocable at the time of the adoption of this Constitution, in such manner, however, that no injustice shall be done to the corporators.

STATUTORY PROVISIONS

Education (title 33). Approval/Supervision/Support

State Board of Education (ch. 1).

SEC. 33-119. Accreditation of secondary schools-Standards for elementary schools.-The state board shall establish standards for accreditation of any secondary school and set forth minimum requirements to be met by public, private and parochial secondary schools, and those in chartered school districts, for accredited status; and the board may establish such standards for all public elementary schools as it may deem necessary.

The board may withdraw accreditation from any secondary school after such period as it may establish when it has been determined that such school has

failed or neglected to conform to accreditation standards; and it may reinstate such school as accredited when in its judgment such school has again qualified for accredited status. The board may further establish minimum requirements which any pupil shall meet to qualify for graduation from an accredited secondary school.

"Secondary school" for the purposes of this section shall mean a school
which, for operational purposes, is organized and administered on the basis of
grades seven (7) through twelve (12), inclusive, or any combination thereof.
"Elementary school" for the purposes of this section shall mean a school
which, for operational purposes, is organized and administered on the basis of
grades one (1) through six (6), inclusive, one (1) through eight (8), inclusive,
or any combination of grades one (1) through eight (8), inclusive. [1963, ch.
13, sec. 19, p. 27.]

Corporations for the Establishment of
Institutions of Learning (ch. 39).

SEC. 33-3901. Who may form corporations.—Any number of persons not less than five (5), may form a corporation to found, establish and maintain a college, academy, seminary or other institution of learning, by executing and filing articles of incorporation in the manner provided by law for private corporations. [1893, p. 14, sec. 1; reen. 1899, p. 169, sec. 1; reen. R.C.&C.L., sec. 3027; C.S., sec. 4888; I.C.A., sec. 32-3301.]

SEC. 33-3902. Articles of incorporation.-The articles of incorporation shall set forth:

1. The name of the corporation.

2. The purposes for which it is formed.

3. The place where the institution is to be located.

4. The number of its directors or trustees, and the names and addresses of those who are first appointed. [1893, p. 14, sec. 2; reen. 1899, p. 169, sec. 2; reen. R.C.&C.L., sec. 3028; C.S., sec. 4889; I.C.A., sec. 32-3302.]

SEC. 33-3903. Number of directors.-The number of directors or trustees shall not be less than five (5), nor more than thirty (30); at least one (1) of the directors, or trustees must, in all cases, be a citizen and actual bona fide resident of the state of Idaho. [1893, p. 14, sec. 3; reen, 1899, p. 169, sec. 3; reen. R.C.&C.L., sec. 3029; C.S., sec. 4890; am. 1931, ch. 21, sec. 1, p. 48; I.C.A., sec. 32-3303; am. 1943, ch. 4, sec. 1, p. 6; am. 1949, ch. 40, sec. 1, p. 64.]

SEC. 33-3904. Certificate of secretary of state.-When the articles of incorporation are filed as provided in section 33-3901, the secretary of state shall issue a certificate over the great seal of the state, stating that a copy of the articles of incorporation has been filed in his office containing the necessary statement of facts. [1893, p. 14, sec. 4; reen. 1899, p. 169, sec. 4; reen. R.C.&C.L., sec. 3030; C.S., sec. 4891; I.C.A., sec. 32-3304.]

Compulsory Education

Attendance at Schools (ch. 2).

SEC. 33-202. School attendance compulsory.-The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. Unless the child is otherwise comparably instructed, as may be determined by the board of trustees of the school district in which the child resides, the parent or guardian shall cause the child to attend a public, private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended. [1963, ch. 13, sec. 25, p. 27.]

SEC. 33-204. Exemption for cause.—When a licensed physician or psychiatrist shall state in writing to the board of trustees of a school district that the

physical, mental or emotional condition of a child does not permit attendance at school, and a petition is filed with the board by the parent or guardian of the child requesting such child to be exempt from the provisions of section 33-202, the board of trustees may at its discretion grant the requested exemption during the existence of such condition. The board may, from time to time as it may determine, require additional examination of the child and a report thereon. [1963, ch. 13, sec. 27, p. 27.]

Special Education

Education of the Handicapped or Other Unable to Attend School (ch. 20).

SEC. 33-2001. Responsibility of school districts for education of excep· tional children.-Each pupil school district is responsible for and shall provide for the education and training of exceptional pupils resident therein. Every public school district in the state may provide instruction and training for persons to the age of twenty-one (21) years who are exceptional children as defined in this act and by the state board of education. The state board of education shall determine eligibility criteria for the exceptional children, qualifications of special teachers and special personnel, programs of instruction and minimum standards for classrooms and equipment to be used in administering the provisions of this act. [1963, ch. 13, sec. 183, p. 27; am. 1963, ch. 219, sec. 1, p. 628; am. 1965, ch. 228, sec. 1, p. 542; am. 1972, ch. 312, sec. 1, p. 774.]

SEC. 33-2002. Exceptional child defined.-"Exceptional children" means those children whose handicaps, or whose capabilities, are so great as to require special education and special services in order to develop to their fullest capacity. This definition includes but does not limit itself to those children who are physically handicapped, mentally retarded, emotionally disturbed, chronically ill or who have perceptual impairment, visual or auditory handicap or speech impairment as well as those children who are so academically talented that they need special educational programs to achieve their fullest potential. [1963, ch. 13, sec. 184, p. 27; am. 1963, ch. 270, sec. 1, p. 690; am. 1965, ch. 228, sec. 2, p. 542.]

SEC. 33-2002A. Special services to be provided.-Special services for exceptional children may include those services provided by special education teachers, as well as ancillary and itinerant personnel such as: visiting teachers, speech therapists, audiologists, school social workers, and psychologists. Supervisors of special education programs and directors of special education programs whose major responsibilities are in the supervision and administration of special education programs may be considered as providing services under this act.

"Ancillary personnel" are those persons who render special services to exceptional children in other than the regular or in addition to regular or special class instruction.

"Itinerant personnel" are those persons who render services to two (2) or more schools, school districts, or locations, who are not assigned to an organized classroom, and who render services to exceptional children. [I.C., sec. 2002A, as added by 1965, ch. 228, sec. 3, p. 542.]

SEC. 33-2003. Responsibilities of state board of education.-The state board of education shall:

1. Establish an administrative unit to administer the provisions of this act; 2. Establish programs, set standards, and employ such supervisory and clerical personnel as may be required to assist and direct school districts in educating and training exceptional children;

3. Establish a research program to evaluate on-going programs, assess the number and types of exceptional children, and make recommendations;

4. Formulate, and when necessary, revise regulations and standards for the determination of eligibility of children for special services, education and training. No child shall be enrolled or placed in any special education class nor shall any public funds be used for the education of such children except that a child be comprehensively evaluated in accordance with regulations and