Idaho Code
Idaho Code § 33-1212 (2026)
school counselors.
✓ current as of May 2026
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school counselors.
(1) In recognition of the diverse and complicated demands upon students, their families and the public school system, the legislature finds that counseling offered at Idaho public schools should be flexible and responsive. For purposes of counselor services, a counselor shall be defined as an individual who meets the requirements of an approved program of graduate study in school guidance and counseling from a college or university approved by the Idaho state board of education and who meets the requirements of rules adopted by the board, or an individual licensed as provided by chapter 32, title 54, Idaho Code, as a certified social worker or otherwise licensed as a licensed professional counselor or licensed clinical professional counselor as provided by chapter 34, title 54, Idaho Code, and who meets the requirements of the state board of education.
(2) School counselors spend most of their time in direct service to and contact with students. School counselors’ duties are focused on the overall delivery of guidance, individual student planning and responsive services. A small amount of their time is devoted to indirect services called system support.
(3) The state board of education shall adopt rules to implement the provisions of this section and shall specifically provide that certified social workers, licensed professional counselors, and licensed clinical professional counselors meet the requirement for school counselors. A local school district may request a waiver from the state board of education of the counselor/counseling requirements, provided that data is submitted to and annually approved by the state department of education to substantiate that the intent of the board’s rules in these areas is being met by an alternative program model.
Notes of Decisions
Cited in 13
cases, 1975–1985 · leading case: Bowler v. Bd. of Trs. of Sch. Dist. No. 392, 617 P.2d 841 (Idaho 1980).
Bowler v. Bd. of Trs. of Sch. Dist. No. 392, 617 P.2d 841 (Idaho 1980). “Bowler was a fifth grade teacher in the Mullan, Idaho, school district with a renewable teaching contract, as specified in I.C. § 33-1212. In April, 1976, Bowler properly notified the school district of his intention to accept the annual contract renewal.”
Robinson v. Jt. Sch. Dist. 150, 596 P.2d 436 (Idaho 1979). “The ultimate question which we decide is whether JoAnn Robinson, a grade school teacher in Soda Springs, Idaho, for almost seven years and by I.C. § 33-1212 thus vested with the right to an “automatic renewal of contract,” was entitled to go to a trial because of the manner in…”
Buhl Educ. Ass'n v. Jt. Sch. Dist. No. 412, 607 P.2d 1070 (Idaho 1980). “The legislature in passing these enactments either failed to observe the interplay of these statutes with I.C. §§ 33-1212, 33-1213 [1] or purposefully left the resolution of any conflict for judicial interpretation.”
Knudson v. Boundary Cnty. Sch. Dist. No. 101, 656 P.2d 753 (Idaho Ct. App. 1982). “Teachers who have served three or more consecutive years in the same school district are entitled to “automatic renewal” of their contracts each year, unless the school board determines that, for “just and reasonable cause,” a contract should not be renewed.”
Robinson v. Jt. Sch. Dist. No. 331 Minidoka, 670 P.2d 894 (Idaho 1983). “The salary for special services as indicated in paragraph two of the Standard Teachers Contract, is not included in the annual salary as provided in Section 33-1212, Idaho Code. Salaries for special services will be determined annually by the Board of Trustees.”
Baker v. Indep. Sch. Dist. of Emmett, 691 P.2d 1223 (Idaho 1984). “As it existed prior to March 17, 1982, I.C. § 33-1212 (1981) (current version at I.”
Gardner v. Hollifield, 533 P.2d 730 (Idaho 1975). “§§ 33-1212 (as it read in 1971), appellant Gardner, as a certificated employee, had “the right to automatic renewal of contract by giving notice, in writing, of acceptance of renewal * * * to the board of trustees of the school district then employing [him] not later than the…”
Webster v. Bd. of Trs. of Sch. Dist. No. 25, 659 P.2d 96 (Idaho 1983). “"If the Board of Trustees has decided not to reemploy the teacher, the notice must state the reasons for such decision and the teacher shall be given the opportunity for an informal review of such decision.”
Heaney v. Bd. of Trs. of Garden Val., Etc., 575 P.2d 498 (Idaho 1978). “" The court issued the requested alternative writ on the day Heaney sought it, June 25, 1974, but thereafter quashed the writ on November 6, 1974, and granted summary judgment to the school district. The court reasoned that a school superintendent was not a "teacher" entitled to…”
Ferguson v. Bd. of Trs. of Bonner Cty. Sch., 564 P.2d 971 (Idaho 1977). “As a tenured teacher for Idaho schools with the right to automat *364 ic annual renewal of his teaching contract, I.C. § 33-1212, and the right not to be discharged except for cause, I.”
Gardner v. Sch. Dist. No. 55, 700 P.2d 56 (Idaho 1985). “" I.C. § 33-1212, as that section affected renewable teacher's contracts, at the time in question, provided in pertinent part as follows: "33-1212.”
Gardner v. Hollifield, 549 P.2d 266 (Idaho 1976). “Under the statute then in existence (now I.C. § 33-1212), he was entitled to automatic renewal of his employment contract in the absence of appropriate actions by the Board.”
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