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Idaho Proposed Rules, Regulations and Fees for April

Citizen's are able to request public hearings

Idaho Proposed Rules, Regulations and Fees for April

State Proposed Rules, Regulations and Fees for April, 2017

by Rep. Heather Scott – District 1

Just because the legislative session is over doesn’t mean the job of the legislator or the citizen is done.  Now, through the end of the year, is the most important time to pay attention to proposed rules, regulations and fees which bureaucrats and lobbyists are drafting.  This process does allow for citizen input, although most citizens are unaware of how to provide comments or objections.  It is important for citizens who are frustrated with over regulation by state government to get involved in this process. More information about the process can be found at http://www.repheatherscott.com/rules-regs .

Below is a short summary of this month’s proposed rules, regulations and fees.  Citizen’s are able to request public hearings, send in comments, provide information and in some cases, stop regulations by making their  voices heard.  Instructions on how to comment can be found in the complete bulletin at https://adminrules.idaho.gov/bulletin/2017/04.pdf

DIVISION OF BUILDING SAFETY

  • Rules Governing Plumbing Safety Inspections- back flow devices.

  • Rules Governing Manufactured/Mobile Home Industry Licensing/Installations- installers and retailers. requirements for continuing education for renewal, installation requirements and safety considerations.

  • Rules Governing Safety Inspections –amend outdated provisions and update the adopted safety standards applicable to the safety inspections it conducts on state-owned buildings, or those it may conduct for a political subdivision.

  • Safety Rules for Elevators, Escalators, and Moving Walks – amend or adopt new editions of codes, governing the operation, installation, alteration, maintenance, inspection and repair of building conveyances in the State of Idaho.

  • Safety and Health Rules for Places of Public Employment -amend or eliminate outdated provisions and update the adopted safety standards applicable to the safety inspections it conducts on state-owned buildings, or those it may conduct for a political subdivision.

STATE BOARD OF AND STATE DEPARTMENT OF EDUCATION  

  • The Professional Standards Commission (PSC) follows a strategic plan of annually reviewing twenty percent (20%) of the Idaho Standards for Initial Certification of Professional School Personnel, the incorporated by reference document, as well as the certification and endorsement language within IDAPA rule that corresponds to the preparation standards. The following preparation standards were reviewed by committees of content experts: administrator, audiology, bilingual/English as a new language (ENL), and computer science, core teaching standards, Career Technical Education (CTE), engineering, speech-language pathologist (SLP), and world languages. The suggested changes will be recommended by the PSC for approval by the State Board of Education.

  • Revisions to the Code of Ethics will be proposed to include language regarding donations solicited by classroom teachers for classroom use. There may also be revisions to background checks as a result of possible statute change to 33-130, Idaho Code. Additionally, revisions may be made to certificate reinstatement requirements, Mathematical Thinking for Instruction (MTI) and the Idaho Comprehensive Literacy Course (ICLC) renewal requirements, and MTI and ICLC Interim certificate requirements.

  • The Standards for Idaho School Buses and Operations (SISBO), the incorporated by reference document, was last adopted by the State Board of Education on June 23, 2011. Since then, there have been updates to transportation specifications and procedures at the national and state level that need to be reflected in the SISBO manual. Other changes may include reformatting the manual and increasing clarification to manufacturing or operational procedures, among other topics that will be discussed during negotiated rulemaking.

  • Rules Governing Thoroughness –Amending the College Entrance Exam requirements-Compass/add language to update the college entrance exam graduation requirements for students on an Individualized Learning Plan (IEP)/another option if they were unable to participate in the ACT or the statewide test day administration of the SAT.

  • Rule to replace the English Language Arts (ELA) and Math extended standards with the Idaho Content Standards Core Content Connectors to ensure these standards remain the most effective and up-to-date and remain in alignment to Idaho Content Standards as required by the Every Student Succeeds Act/ the State Department of Education will convene a committee of Idaho Educators to review and make changes for revisions to the Core Content Connectors – following updates to, or in conjunction with, Idaho Content Standards in ELA and Math. This rule will replace the Extended Content Standards with the Idaho Content Standards Core Content Connectors. Core Content Connectors identify the most basic grade-level, core academic content in ELA and Mathematics found in the Idaho Content Standards.

  • Replace outdated terminology and clarify the components of this category, making a less subjective and more objective definition. The two separate and current definitions (hearing impaired and deafness) will become one, “Deaf or Hard of Hearing.” In this new category, the definition will include the language, access, comprehension and/or use of linguistic information needed for teams to consider when determining the applicability of this category for a student. This change will be made in the Special Education Manual to be approved by the State Board of Education.

  • Idaho Content Standards describe what Idaho students should know and be able to do at each grade level in certain content areas. These proposed rule changes reflect the standard practice and expectation that the Idaho State Department of Education will convene a review committee of Idaho educators to review and make revisions when needed to the Idaho Content Standards on a rotating basis every six (6) years.  The changes proposed in each of the content areas up for review reflect the work of the review committees with input from Idaho stakeholders. Idaho Content Standards up for review include Science, Driver Education, and Information and Communication Technology. The incorporated by reference documents will be updated and will reflect the new approval date by the State Board of Education.

DIVISION OF CAREER TECHNICAL EDUCATION (Rules of Career Technical Schools)

  • Amend IDAPA 55.01.03, which are the rules governing Career Technical Schools. The proposed changes would more clearly define the approval criteria for a career technical school, the career technical component criteria, the calculation and distribution of funding, the oversight and accountability of the schools, and to make technical changes.

  • Rules Governing Idaho Quality Program Standards Incentive Grants and Agricultural Education Program Start-Up Grants-The purpose of this negotiated rulemaking is to amend IDAPA 55.01.04, which outlines the procedures governing the calculation and distribution of funds under the Idaho Quality Program Standards Incentive Grant program. The grant program rewards teachers of high quality secondary agriculture and natural resources career technical education programs. The proposed changes are intended to make the award process more equitable and to encourage more qualified teachers to apply for and receive the grant.

DEPARTMENT OF ENVIRONMENTAL QUALITY

  • Jim Ford Creek Watershed Total Maximum Daily Load (TMDL):  2017 Temperature Addendum and 2016 Five-Year Review (HUC ID 17060306)

  • Rules for the Control of Air Pollution in Idaho-This rulemaking has been initiated to provide DEQ with the authority to develop a Clean Air Act Section 111(d) state plan to implement the recently updated Emission Guidelines and Compliance Times for Municipal Solid Waste (MSW) Landfills (81 Fed. Reg. 59276, August 29, 2016). Idaho currently implements federal regulations for MSW landfills at IDAPA 58.01.01., Sections 859-860. EPA recently updated the federal regulations governing these facilities. In order for DEQ to continue to implement the program, DEQ must update its existing rules and develop a state plan for Idaho. If DEQ fails to update its rules and develop a state plan, EPA will promulgate a federal plan for Idaho.

  • Water Quality Standards-NOAA has called for state adoption and EPA approval or EPA promulgation of this criterion by May 2018. In order to avoid EPA promulgating a federal selenium standard for Idaho, DEQ proposes to undertake a negotiated rulemaking for a revised selenium aquatic life criterion in Idaho’s water quality standards.

STATE PUBLIC DEFENSE COMMISSION

    • Rules Governing Procedures and Forms for the Application and Disbursement of Indigent Defense Grants-(New Chapter) The PDC has been appropriated over 4.2 million dollars to disburse to the counties to assist with compliance of indigent defense standards and for the improvement of indigent defense delivery systems. The agency must have a mechanism with which to disburse these funds upon application to the counties. The PDC desires to implement a rule immediately that will provide the procedure and forms for the application and disbursement of these indigent defense grants.  

    • Rules Governing Procedures for the Oversight, Implementation, Enforcement, and Modification of Indigent Defense Standards.  (New Chapter) The Public Defense Commission has been directed to create procedures for the oversight, implementation, enforcement and modification of indigent defense standards. The PDC intends on focusing on the portion of this rule that provides for the oversight and enforcement of the standards. The Public Defense Commission must ensure compliance through these two mechanisms so that the representation of indigent persons in Idaho is constitutionally sound. 

    • Rules Governing Standards for Defending Attorneys That Utilize Idaho’s Principles of an Indigent Defense -The amendment to this rule will create standards for defending attorneys who represent indigent defendants in capital cases and standards related to investigation and the use of experts. Standards related to capital counsel will be derived from Idaho’s Principles of an Indigent Defense Delivery System (IPIDDS) principle number 5, Idaho Code 19-850(1)(a)(vii)(5), and take into account ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, revised edition, February 2003. Defending attorneys will be required to conform to such performance standards if handling capital cases. Standards related to investigation and the use of experts are supported by IPIDDS as a whole, Idaho Code 19-850(1)(a). All defending attorneys will be required to conform to investigation standards.

 

 

 

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