S 1439

                    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
1AN ACT
2  RELATING TO EDUCATION; AMENDING SECTION 33-917, IDAHO CODE, TO REVISE PRO-
3      VISIONS REGARDING THE MODEL SCHOOL FACILITY COUNCIL; AND DECLARING AN
4      EMERGENCY.
5  Be It Enacted by the Legislature of the State of Idaho:
6      SECTION 1. That Section 33-917, Idaho Code, be, and the same is hereby
7  amended to read as follows:
833-917. SCHOOL DISTRICT USE OF FUNDS -- SCHOOL MODERNIZATION FACILI-
9  TIES FUND.
10      (1)(a) Moneys distributed to a school district shall be used for school
11      facility construction, renovation, or maintenance needs or, in the case
12      of school districts electing annualized distributions, funds shall
13      be used subject to section 33-911, Idaho Code. Uses of funds shall
14      include regular and routine facilities maintenance, including preven-
15      tive maintenance, building repairs, and building security, and shall
16      also include periodic major facilities projects that involve plan-
17      ning, design, construction, renovation, retrofitting, and replacing
18      of buildings and building systems, components, and features, as well as
19      site acquisition, site improvements, and new construction.
20      (b) Any funds distributed by the state to school districts for facil-
21      ities must be used only for the purposes described in this subsection.
22      Any funds intended for facilities but used for another purpose shall be
23      returned to the state by the school district and deposited to the school
24      modernization facilities fund. If the school district fails to return
25      such funds, an amount equivalent to the misused funds shall be deducted
26      from the state's next payment to the school district pursuant to this
27      chapter or chapter 52, title 33, Idaho Code.
28      (2) All funds shall be used for school facilities directly related to
29 the school district's core educational mission. No funds shall be used for
30 facilities with a primary athletic purpose.
31      (3) Each school district shall annually report to the state department
32 of education, in a manner prescribed by the state department of education, on
33 the planned and actual expenditure of moneys it has received pursuant to this
34 section.
35      (4) A model school facility council shall be created by July 1, 2024,
36 to research, adopt, and recommend a model school facility plan that schools
37 shall abide by when using school modernization facilities fund moneys pur-
38 suant to the plan adopted in paragraph (c) of this subsection. The council
39 shall:
40      (a) Be chaired by the executive director of the office of the state
41      board of education, with administrative support provided by the office
42      of the state board of education;
                                       2
1      (b) Consist of nine (9) members, with three (3) members appointed by
2      the governor, three (3) members appointed by the speaker of the house of
3      representatives, and three (3) members appointed by the president pro
4      tempore of the senate; and
5      (c) Adopt a model school facility plan and submit it to the legislature
6      by July 1, 2026 2027, that:
7(i) Outlines a clear plan for school facility construction, in-
8cluding standardization for elementary schools, middle schools,
9and high schools;
10(ii) Considers potential variability of school properties, ob-
11jectives, and goals; and
12(iii) Consults all necessary experts to develop a thorough plan
13for school facilities to guide the use of funds from the school
14modernization facilities fund.
15     SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after its
17 passage and approval.