id-08-0203-2503: Rules Governing Thoroughness
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The regulation involves adopting a temporary rule to update the Idaho Special Education Manual, specifically the eligibility criteria for Specific Learning Disabilities, to ensure compliance with federal guidelines. This change aims to allow local education agencies to begin the 2025-2026 school year with a manual that meets federal standards to avoid potential restrictions on federal funding.
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Terri Kondeff Director MEMORANDUM TO: Senators LENT, Cook, Ward-Engelking and, Representatives PICKETT, Hawkins, Mathias FROM: Monica Harrington - Legislative Drafting Attorney DATE: October 06, 2025 SUBJECT: Temporary Rule IDAPA 08.02.03 - Rules Governing Thoroughness-Adoption of Temporary Rule - Docket No. 08-0203-2503 We are forwarding this temporary rule to you for your information only. No analysis was done by LSO. This rule is posted on our web site. If you have any questions, please call Monica Harrington at the Legislative Services Office at (208) 334-4845. Thank you. Attachment: Temporary Rule PaulHeadlee,DeputyDirectoratt Drake, Manager Keith Bybee, Manager April Renfro, Manager Norma Clark, Manager Legislative Services OfResearch & Legislation Budget & Policy AnaLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov IDAPA 08 – STATE BOARD OF EDUCATION 08.02.03 – RULES GOVERNING THOROUGHNESS DOCKET NO. 08-0203-2503 NOTICE OF RULEMAKING – ADOPTION OF TEMPORARY RULE
Effective Date
The effective date of the temporary rule isAugust 20, 2025. AUTHORITY: In compliance with Sections 67-5226, Idaho Code, notice is hereby given this agency has adopted a temporary rule. The action is authorized pursuant to Section 33-105, 33-116, 33-118, and 33-1612, Idaho Code. DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule: The Idaho Special Education Manual was recently revised to update the eligibility criteria for Specific Learning Disability (SLD) following an inquiry from the U.S. Department of Education’s Office of Special Education Programs (OSEP) in 2023. Due to timing and procedural requirements for public input under IDEA, one section of the eligibility criteria could not be addressed in the same revision. The language in Chapter 4, Section 7 of the manual specifies that all disabilities except for Developmental Delay are eligible for special education for students from the age of 3. Currently, Specific Learning Disabilities are eligible for special education for students beginning in kindergarten. TEMPORARY RULE JUSTIFICATION: Pursuant to Section 67-5226(1)(b), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: The problem cannot be addressed by non-regulatory measures. It is necessary to pursue a temporary rule to ensure that local education agencies begin the 2025-2026 school year with a federally compliant special education manual. Without this change taking place for the 2025-2026 school year, OSEP could put restrictions on the IDEA grant to the state (approximately 71 million with 90% going to LEAs). FEE SUMMARY: Pursuant to Section 67-5226(2), the Governor has found that the fee or charge being imposed or increased is justified and necessary to avoid immediate danger and the fee is described herein: NA. ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the temporary rule, contact Nicholas Wagner at rules@edu.idaho.gov or (208) 488-7586. DATED this 21st day ofAugust, 2025. Nicholas Wagner,Agency Rules Coordinator Idaho State Board of Education 650 W State St. PO Box 83720 Boise, ID 83720-0037 Phone: (208)488-7586 Fax: (208)334-2632 THE FOLLOWING IS THE TEXT OF THE TEMPORARY RULE FOR DOCKET NO. 08-0203-2503 (Only Those Sections With Amendments Are Shown.) IdahoAdministrative Bulletin Page 174 October 1, 2025 – Vol. 25-10 STATE BOARD OF EDUCATION Docket No. 08-0203-2503 Rules Governing Thoroughness Adoption of Temporary Rule 08.02.03 – RULES GOVERNING THOROUGHNESS 004. INCORPORATION BY REFERENCE. The following documents are incorporated into this rule: (3-15-22)
01. The Idaho Content Standards. The Idaho Content Standards as adopted by the State Board of
Education. Individual subject content standards are adopted in various years in relation to the curricular materials adoption schedule. Copies of the document can be found on the State Board of Education website at https:// boardofed.idaho.gov/board-policies-rules/board-rules/documents-incorporated-by-reference-or-rule/. (3-15-22) a. Arts and Humanities Categories: (3-15-22) i. Dance, as revised and adopted on June 12, 2024; (7-1-25) ii. Interdisciplinary Humanities, as revised and adopted on June 12, 2024; (7-1-25) iii. MediaArts, as adopted on June 12, 2024. (7-1-25) iv. Music, as revised and adopted on June 12, 2024; (7-1-25) v. Theater, as revised and adopted on June 12, 2024; (7-1-25) vi. Visual Arts, as revised and adopted on June 12, 2024; (7-1-25) vii. World languages, as revised and adopted on June 12, 2024. (7-1-25) b. Computer Science, adopted on June 12, 2024. (7-1-25) c. Driver Education, as revised and adopted on June 12, 2024. (7-1-25) d. Health, as revised and adopted onAugust 24, 2022. (4-6-23) e. Information and Communication Technology, as revised and adopted on June 12, 2024. (7-1-25) f. Physical Education, as revised and adopted onAugust 24, 2022. (4-6-23) g. Social Studies, as revised and adopted on June 12, 2024. [*note – Grade 4 Social Studies and Grade 6-12 U.S. World History 1 remain as adopted on November 28, 2016.] (7-1-25) h. College and Career Readiness Competencies adopted on June 15, 2017. (3-15-22)
02. The Idaho Standards for Infants, Toddlers, Children, and Youth Who Are Deaf or Hard of
Hearing. As adopted by the State Board of Education on October 11, 2007. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documents- incorporated-by-reference-or-rule/. (3-15-22)
03. The Idaho Standards for Infants, Toddlers, Children, and Youth Who Are Blind or Visually
Impaired.As adopted by the State Board of Education on October 11, 2007. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documents- incorporated-by-reference-or-rule/. (3-15-22)
04. The Idaho Special Education Manual. The Idaho Special Education Manual as adopted by the
State Board of Education on November 21, 2024August 20, 2025. Copies of the document can be found on the State Board of Education website at https://boardofed.idaho.gov/board-policies-rules/board-rules/documents-incorporated- by-reference-or-rule/. (7-1-25) (8-20-25)T IdahoAdministrative Bulletin Page 175 October 1, 2025 – Vol. 25-10
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