Idaho Code
Idaho Code

Idaho Code § 33-1271 (2026)

School districts — Professional employees — Negotiation agreements. 

✓ current as of May 2026
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School districts — Professional employees — Negotiation agreements. 

The board of trustees of each school district, including specially chartered districts, or the designated representative(s) of such district, is hereby empowered to and shall, upon its own initiative or upon the request of a local education organization representing a majority of the professional employees, enter into a negotiation agreement with the local education organization or the designated representative(s) of such organization.

(1)  The parties to such negotiations shall negotiate in good faith on those matters specified in any such negotiation agreement between the local board of trustees and the local education organization.
(2)  A request for negotiations may be initiated by either party to such negotiation agreement.
(3)  Upon either party making a request for negotiations, the local education organization, upon board request, shall provide to the district written evidence establishing that the local education organization represents fifty percent (50%) plus one (1) of the professional employees for negotiations. If requested by the board, the local education organization shall establish this representative status on an annual basis, prior to the commencement of negotiations. In order to establish a local education organization’s representative status, a local education organization must show that within the last two (2) years, fifty percent (50%) plus one (1) of the professional employees, as defined in section 33-1272, Idaho Code, indicated agreement to be represented by the local education organization for negotiation purposes. Evidence of fifty percent (50%) plus one (1) inconsistent with this provision shall not be counted in the establishment of representative status.
(4)  Accurate records or minutes of the proceedings shall be kept and shall be available for public inspection at the office of the affected school district during normal business hours.
(5)  Joint ratification of all final offers of settlement shall be made in open meetings. Each party must provide written evidence confirming to the other that majority ratification has occurred.
Notes of Decisions
Cited in 8 cases, 1977–1997 · leading case: Gilbert v. Nampa Sch. Dist. No. 131, 657 P.2d 1 (Idaho 1983).
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Gilbert v. Nampa Sch. Dist. No. 131, 657 P.2d 1 (Idaho 1983). · cites it 48× “[1] See I.C. §§ 33-1271 to -1273. *3 The Association represented the teachers in negotiations with the Board of Trustees, which operates the District, and these negotiations produced a written negotiations agreement entered into between the Board and the Association on July 22,…”
Sch. Dist. No. 351 Oneida Cty v. Oneida Ed. Ass'n, 567 P.2d 830 (Idaho 1977). · cites it 28× “We note further that the legal questions presented are of first impression in this state, are of substantial public interest and there are almost yearly disputes between some of the 115 school districts in the state of Idaho and organizations similar to appellant's.”
Hunting v. Clark Cnty. Sch. Dist. No. 161, 931 P.2d 628 (Idaho 1997). · cites it 19× “Idaho Code § 33-1271 does not limit what a school district can negotiate.”
Buhl Educ. Ass'n v. Jt. Sch. Dist. No. 412, 607 P.2d 1070 (Idaho 1980). · cites it 16× “Idaho Code §§ 33-1271 to 33-1276. The legislature in passing these enactments either failed to observe the interplay of these statutes with I.”
Local 1494 of the Int'l Ass'n of Firefighters v. City of Coeur D'Alene, 586 P.2d 1346 (Idaho 1978). · cites it 4× “In that opinion this court pointed out that The trial court ruled as a matter of law that the injunction should issue and we must assume, in the absence of any evidentiary record, that he concluded that a strike by teachers is illegal in Idaho.”
Bear Lake Educ. Ass'n v. Bd. of Trs. of Bear Lake Sch. Dist. No. 33, 776 P.2d 452 (Idaho 1989). · cites it 8× “The legislature has specifically empowered and statutorily required the board of trustees of each school district to enter into negotiation agreements with local education associations. Gilbert v.”
Baker v. Indep. Sch. Dist. of Emmett, 691 P.2d 1223 (Idaho 1984). “*612 §§ 33-1271 through 1276 call for negotiation by all teachers of the terms of the contracts for each successive year.”
Baker v. Indep. Sch. Dist. of Emmett, 691 P.2d 1223 (Idaho 1984). “*1227 §§ 33-1271 through 1276 call for negotiation by all teachers of the terms of the contracts for each successive year.”
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