Current through August 31, 2023
Section 08.01.11.302 - ADDITIONAL REQUIREMENTS01.Agent's Certificate of Identification. Each proprietary school shall ensure that its agents have a valid certificate of identification, and that all of its agents are in compliance with Section 33-2404, Idaho Code. The school shall complete a criminal history check that includes, at a minimum, the State Bureau of Identification, and statewide sex offender registry for each agent having unsupervised contact with minors in the minor's home or at secondary schools, prior to making application for the agent's certificate of identification. The criminal history check shall be valid for five (5) years and be kept on file by the school. When an employee returns to any proprietary school after a break in service of six (6) months or more a new criminal history check must be obtained. When an employee changes employment between proprietary schools, a new criminal history check must be obtained by the new employer. (3-30-23) a. The Board shall revoke any agent's certificate of identification issued or authorized under this Section and shall deny the application for issuance of a new certificate of identification of a person who pleads guilty to, or is found guilty of, notwithstanding the form of the judgment or withheld judgment, any of the following felony offenses against a child: (3-30-23)i. The aggravated assault of a child, Section 18-905, Idaho Code, or the assault with intent to commit a serious felony against a child, Section 18-909, Idaho Code. (3-30-23)ii. The aggravated battery of a child, Section 18-907, Idaho Code, or the battery with intent to commit a serious felony against a child, Section 18-911, Idaho Code. (3-30-23)iii. The injury or death of a child, Section 18-1501, Idaho Code. (3-30-23)iv. The sexual abuse of a child under sixteen (16) years of age, Section 18-1506, Idaho Code. (3-30-23)v. The ritualized abuse of a child under eighteen (18) years of age, Section 18-1506A, Idaho Code. (3-30-23)vi. The sexual exploitation of a child, Section 18-1507, Idaho Code. (3-30-23)vii. Possession of photographic representations of sexual conduct involving a child, Section 18-1507A, Idaho Code. (3-30-23)viii. Lewd conduct with a child under the age of sixteen (16) years, Section 18-1508, Idaho Code. (3-30-23)ix. The sexual battery of a minor child sixteen (16) or seventeen (17) years of age, Section 18-1508A, Idaho Code. (3-30-23)x. The sale or barter of a child for adoption or other purposes, Section 18-1511, Idaho Code. (3-30-23)xi. The murder of a child, Section 18-4003, Idaho Code, or the voluntary manslaughter of a child, Section 18-4006 1., Idaho Code. (3-30-23)xii. The kidnapping of a child, Section 18-4502, Idaho Code. (3-30-23)xiii. The importation or exportation of a juvenile for immoral purposes, Section 18-5601, Idaho Code. (3-30-23)xiv. The abduction of a person under eighteen (18) years of age for prostitution, Section 18-5610, Idaho Code. (3-30-23)xv. The rape of a child, Section 18-6101 or 18-6108, Idaho Code. (3-30-23)b. The general classes of felonies listed in Section 302 shall include equivalent laws of federal or other state jurisdictions. For the purpose of Subsection 302.07, "child" means a minor or juvenile as defined by the applicable state or federal law. (3-30-23)02.Surety Bond. Each proprietary school shall comply with the provisions in Section 33-2406, Idaho Code, relating to a surety bond. (3-30-23) a. The amount of the surety bond shall be not less than the total tuition and fees to be collected by the school from its students, currently engaged in instructional activities, that covers the period from the beginning through completion of the course of instruction the student has contracted and paid for. This amount shall be based upon the projected tuition and fee revenue for the coming registration year, subject to modification in the event a school experiences significant changes in tuition and fee revenue during the current year. The Executive Director shall determine the appropriate format and method by which this bond value is to be calculated and reported. (3-30-23)b. Schools must keep a valid bond in force, via periodic renewal as needed, throughout the entire registration year with no lapse in coverage. Schools shall ensure that all bonds include "extended coverage" clauses to remain in effect for one hundred twenty (120) days after the date of a school's closure. (3-30-23)c. No party to the surety bond may cancel without one hundred twenty (120) day prior notice to all parties, including the Office of the State Board of Education. (3-30-23)d. The Board shall be the beneficiary of the bond and shall oversee the distribution of funds to students who file claims. Schools shall provide proof of the required bond and submit said documentation with their registration applications. (3-30-23)Idaho Admin. Code r. 08.01.11.302