Section 08.02.01.050 - ALTERING SCHOOL DISTRICT BOUNDARIESThe State Board of Education sets forth the following rules to govern the application and hearing procedures for alteration of school boundaries pursuant to Section 33-308, Idaho Code. A written application from the person or persons requesting alteration of school district boundaries, including the reasons for making the request, will be submitted to the Department of Education. (3-15-22)
01.Written Statement of Support. A written statement supporting or opposing the proposed alteration will be prepared by each board of trustees no later than ten (10) days following its first regular meeting held following receipt of the written application prepared by the person or persons requesting the alteration. Such request and supporting materials shall be forwarded to the Superintendent of Public Instruction. (3-15-22)02.Review of Request. The Superintendent of Public Instruction shall appoint a hearing officer in accordance with State Board of Education Governing Policies and Procedures to review the proposed alteration of boundaries. (3-15-22)03.Criteria for Review of Request. The hearing officer shall review the proposed alteration of boundaries taking into account the following criteria: (3-15-22) a. Will the alteration as proposed leave a school district with a bonded debt in excess of the limit proscribed by law; (3-15-22)b. Is the proposed alteration in the best interests of the children residing in the area described in the petition. In determining the best interests of the children the hearing officer shall consider all relevant factors which may include: (3-15-22) i. The safety and distance of the children from the applicable schools; (3-15-22)ii. The views of the interested parties as these views pertain to the interests of the children residing in the petition area; (3-15-22)iii. The adjustment of the children to their home and neighborhood environment; and (3-15-22)iv. The suitability of the school(s) and school district which is gaining students in terms of capacity and community support. (3-15-22)04.Market Value. The market value, for tax purposes, of the two (2) districts prior to the requested transfer and of the area proposed to be transferred will be provided. (3-15-22)05.Decision by State Board Education. The recommendation from the hearing on the matter shall be forwarded to the State Board of Education for decision in accordance with the Board's Governing Policies and Procedures. (3-15-22)06.Additional Information. The applicant may submit any additional information which is deemed to be appropriate in assisting the State Board of Education to make the decision. (3-15-22)Idaho Admin. Code r. 08.02.01.050