State Board of Education policy on instructional materials: contract limits on a provider's use, sale and transfer of student data

Each contract of an Idaho public university, college or community college for instructional materials made available through automatic charges must require that any personally identifiable student data a provider obtains through students' use of the materials be used only to support learning during that use.

The contract must prohibit the provider from selling that data, and from transferring it except to the institution, to a government entity or scholarship entity providing financial aid subsidies to the student for course materials, or to an educational institution or organization for research only, under an agreement that keeps the data in a system complying with federal and state law and bars its sale, transfer or other use outside that system unless de-identified.

Board Policy III.U applies to Boise State University, Idaho State University, Lewis-Clark State College, the University of Idaho, the College of Eastern Idaho, the College of Southern Idaho, the College of Western Idaho and North Idaho College. Under Board Policy I.A, the State Board of Education and the Board of Regents of the University of Idaho expects all institutions and its agencies to follow its policies.

The Idaho Constitution vests the general supervision of the state educational institutions in a state board of education. Section 33-105(2) of the Idaho Code provides that statements of the state board of education and board of regents of the university of Idaho which relate to the curriculum of public educational institutions or to students attending or applicants to such institutions are not rules for the purposes of chapter 52 of title 67. The policy's current version is dated June 2026.