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We get the government we allow |
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April 17, 2017 |
By Idaho Representative Heather Scott
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. Citizens
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outdated provisions and update the adopted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Employment -amend or eliminate outdated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.
Your legislators are not experts on every issue.
They need regular input from citizens regarding
proposed legislation or they will rely on
legislative advisors, lobbyists, to provide
answers to proposed rule questions.
Please stay involved, just voting every two to
four years for a candidate is not enough.
We get the government we allow! |
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