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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
588
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
1619,
IDAHO
CODE,
TO
REVISE
2
PROVISIONS
REGARDING
VIRTUAL
EDUCATION
PROGRAMS;
AMENDING
SECTION
3
33
-
5202A,
IDAHO
CODE,
TO
REVISE
DEFINITIONS;
AMENDING
SECTION
33
-
5206,
4
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
REQUIREMENTS
FOR
OPERATING
5
A
PUBLIC
CHARTER
SCHOOL;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
6
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
33
-
1619,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
33
-
1619.
VIRTUAL
EDUCATION
PROGRAMS.
(1)
School
districts
may
offer
1
1
instruction
via
the
internet
in
a
distributed
environment.
For
programs
12
meeting
such
definition,
the
school
district
may
count
and
report
the
aver
-
13
age
daily
attendance
of
the
program's
students
in
the
manner
prescribed
in
14
section
33
-
5207,
Idaho
Code.
School
districts
may
also
offer
instruction
15
that
is
a
blend
of
virtual
and
traditional
instruction.
For
such
blended
16
programs,
the
school
district
may
count
and
report
the
average
daily
atten
-
17
dance
of
the
program's
students
in
the
manner
prescribed
in
section
33
-
5207,
18
Idaho
Code.
Alternatively,
the
school
district
may
count
and
report
the
av
-
19
erage
daily
attendance
of
the
blended
program's
students
in
the
same
manner
20
as
provided
for
traditional
programs
of
instruction,
for
the
days
or
por
-
21
tions
of
days
in
which
such
students
attend
a
physical
public
school.
For
the
22
balance
of
days
or
portions
of
days,
average
daily
attendance
may
be
counted
23
in
the
manner
prescribed
in
section
33
-
5207,
Idaho
Code.
24
(2)
School
districts
offering
virtual
education
programs
pursuant
to
25
this
section
shall:
26
(a)
Make
available
to
the
state
board
of
education
the
information
re
-
27
quired
under
section
33
-
5205(3),
Idaho
Code;
28
(b)
Require
that
all
contracts
and
any
subsequent
amendments
thereto
29
between
a
school
district
and
an
educational
services
provider
as
de
-
30
fined
in
section
33
-
5202A,
Idaho
Code,
relating
to
the
provision
of
vir
-
31
tual
learning
to
students
be
approved
by
the
school
district
board
of
32
trustees
prior
to
execution;
33
(c)
Maintain
records
that
verify
proof
of
Idaho
residency
for
all
stu
-
34
dents
enrolled
in
a
virtual
education
program;
and
35
(d)
Ensure
that
all
curricular
materials,
as
defined
in
section
36
33
-
118A,
Idaho
Code,
including
alternative
or
supplemental
curriculum,
37
meet
content
standards
as
set
forth
in
rule
promulgated
by
the
state
38
board
of
education
and
establish
a
system
to
document
such
curriculum.
39
(3)
Any
educational
services
provider
contracting
with
and
receiving
40
public
funds
from
a
school
district
for
a
virtual
education
program
shall
41
2
provide
a
written
disclosure
of
services
and
costs
in
its
contract
that
1
shall:
2
(a)
Identify
the
specific
services
provided
to
the
school
district;
3
(b)
Identify
the
cost
of
each
service
or
category
of
service
and
the
4
method
used
to
calculate
such
cost;
and
5
(c)
Demonstrate
a
clear
relationship
between
the
public
funds
received
6
and
the
services
provided.
7
(4)
Any
virtual
education
program
and
educational
services
provider
8
with
which
a
school
district
contracts
shall
establish
policies
regarding
9
conflicts
of
interest
for
individuals
who
are
employed
by
both
the
school
10
district
and
the
educational
services
provider
with
which
the
district
1
1
contracts.
Such
policies
shall
include
mechanisms
for
accountability
and
12
oversight.
13
(5)
No
school
district,
virtual
education
program,
or
educational
ser
-
14
vices
provider
with
which
they
contract
shall
furnish
any
payment
of
state
15
funds
directly
to
parents
or
legal
guardians
of
enrolled
students.
Any
state
16
funds
determined
by
the
school
district
to
be
used
as
supplemental
learning
17
funds
shall
be
used
only
for
eligible
education
expenses
as
provided
in
sec
-
18
tion
33
-
5206(8)(m),
Idaho
Code.
"Supplemental
learning
funds"
has
the
same
19
meaning
as
in
section
33
-
5206(8)(m),
Idaho
Code.
Eligible
education
ex
-
20
penses
shall
be
available
for
all
courses,
including
elective
courses.
Such
21
funds
shall
be
expended
through
direct
order
by
the
school
district
only,
22
except
as
otherwise
provided
in
section
33
-
5206(8)(m),
Idaho
Code.
23
(6)
Every
person
who
is
employed
in
the
capacity
of
teacher
in
a
vir
-
24
tual
education
program
provided
for
in
this
section
shall
hold
a
certificate
25
as
required
under
section
33
-
1201,
Idaho
Code.
A
school
district
shall
re
-
26
tain
the
authority
to
hire,
oversee,
and
evaluate
all
teachers
delivering
27
instruction
in
a
virtual
education
program.
28
SECTION
2.
That
Section
33
-
5202A,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
33
-
5202A.
DEFINITIONS.
As
used
in
this
chapter,
unless
the
context
re
-
31
quires
otherwise:
32
(1)
"Application"
means
the
document
submitted
to
the
authorizer
to
re
-
33
quest
the
creation
of
a
public
charter
school.
34
(2)
"Authorizer"
means
any
of
the
following:
35
(a)
A
local
board
of
trustees
of
a
school
district;
36
(b)
The
public
charter
school
commission;
37
(c)
An
Idaho
public
college,
university,
or
community
college;
or
38
(d)
A
private,
nonprofit,
Idaho
-
based,
nonsectarian
college
or
univer
-
39
sity
that
is
accredited
by
the
same
organization
that
accredits
Idaho
40
public
colleges
and
universities.
41
(3)
"Charter"
means
the
grant
of
authority
approved
by
the
authorizer
42
to
the
charter
holder.
43
(4)
"Charter
holder"
means
the
public
charter
school's
board
of
direc
-
44
tors
to
which
a
charter
is
granted.
45
(5)
"Educational
services
provider"
means
a
nonprofit
or
for
-
profit
46
entity
that
contracts
with
a
public
charter
school
or
a
school
district
for
a
47
fee
to
provide
educational
services
and
resources,
including
administrative
48
support
and
educational
design,
implementation,
or
management.
49
3
(6)
"Founder"
means
a
person
who
makes
a
material
contribution
toward
1
the
establishment
of
a
public
charter
school
and
who
is
designated
as
such
by
2
the
charter
holder.
3
(7)
"Performance
certificate"
means
a
fixed
-
term,
renewable
certifi
-
4
cate
between
a
public
charter
school
and
an
authorizer
that
outlines
the
ne
-
5
gotiated
roles,
powers,
responsibilities,
and
performance
expectations
for
6
each
party
to
the
certificate.
7
(8)
"Public
charter
school"
means
a
school
that
is
authorized
pursuant
8
to
this
chapter
to
deliver
public
education
in
Idaho.
9
(9)
"Public
charter
school
commission"
or
"commission"
means
the
pub
-
10
lic
charter
school
commission
established
pursuant
to
section
33
-
5213,
1
1
Idaho
Code.
12
(10)
"Traditional
public
school"
means
any
school
that
is
operated
and
13
controlled
by
a
school
district
in
this
state.
14
(11)
"Virtual
school"
means
a
public
charter
school
that
delivers
15
a
full
-
time,
sequential
program
of
synchronous
and/or
asynchronous
in
-
16
struction
primarily
through
the
use
of
technology
via
the
internet
in
a
17
distributed
environment.
Schools
classified
as
virtual
must
have
an
online
18
component
to
their
school
with
online
lessons
and
tools
for
student
and
data
19
management.
Students
enrolled
in
a
virtual
school
may
meet
at
the
same
loca
-
20
tion
and
time
while
receiving
virtual
instruction.
21
SECTION
3.
That
Section
33
-
5206,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
33
-
5206.
REQUIREMENTS
FOR
OPERATING
A
PUBLIC
CHARTER
SCHOOL.
(1)
A
24
public
charter
school
shall
be
nonsectarian
in
its
programs,
affiliations,
25
admission
policies,
employment
practices,
and
all
other
operations,
shall
26
not
charge
tuition,
levy
taxes,
or
issue
bonds,
and
shall
not
discriminate
27
against
any
student
on
any
basis
prohibited
by
the
federal
or
state
consti
-
28
tution
or
any
federal,
state,
or
local
law.
Public
charter
schools
shall
29
comply
with
the
federal
individuals
with
disabilities
education
act.
Ad
-
30
mission
to
a
public
charter
school
shall
not
be
determined
according
to
the
31
place
of
residence
of
the
student
or
of
the
student's
parent
or
guardian
32
within
the
district.
33
(2)
No
board
of
trustees
of
a
public
school
district
may
require:
34
(a)
Any
employee
of
the
school
district
to
be
involuntarily
assigned
to
35
work
in
a
public
charter
school;
or
36
(b)
Any
student
enrolled
in
the
school
district
to
attend
a
public
char
-
37
ter
school.
38
(3)
Employment
of
charter
school
teachers
and
administrators
shall
be
39
on
written
contract.
40
(4)
Administrators
may
be
certified
pursuant
to
the
requirements
set
41
forth
in
chapter
12,
title
33,
Idaho
Code,
pertaining
to
traditional
public
42
schools
or
may
hold
a
charter
school
administrator
certificate,
which
re
-
43
quires
that
the
administrator:
44
(a)
Holds
a
bachelor's
degree
from
an
accredited
four
(4)
year
institu
-
45
tion;
46
(b)
Submits
to
a
criminal
history
check
as
described
in
section
33
-
130,
47
Idaho
Code;
48
4
(c)
Completes
a
course
consisting
of
a
minimum
of
three
(3)
semester
1
credits
in
the
statewide
framework
for
teacher
evaluations,
which
shall
2
include
a
laboratory
component;
3
(d)
Submits
a
letter
of
support
from
a
charter
holder;
and
4
(e)
Has
one
(1)
or
more
of
the
following:
5
(i)
Four
(4)
or
more
years
of
experience
administering
a
public
6
charter
school;
7
(ii)
A
postbaccalaureate
degree
and
a
minimum
of
five
(5)
years
8
of
experience
in
school
administration,
public
administration,
9
business
administration,
or
military
administration;
10
(iii)
Successful
completion
of
a
nationally
recognized
charter
1
1
school
leaders
fellowship;
or
12
(iv)
Four
(4)
or
more
years
of
teaching
experience
and
a
commit
-
13
ment
from
an
administrator
at
a
charter
school
in
academic,
op
-
14
erational,
and
financial
good
standing,
according
to
its
autho
-
15
rizer's
most
recent
review,
to
mentor
the
applicant
for
a
minimum
16
of
one
(1)
year.
17
(5)
A
charter
school
administrator
certificate
is
valid
for
five
(5)
18
years
and
renewable
thereafter.
Administrators
shall
be
subject
to
over
-
19
sight
by
the
professional
standards
commission.
Certificates
may
be
revoked
20
pursuant
to
the
provisions
of
section
33
-
1208,
Idaho
Code.
Issuance
of
a
21
certificate
to
any
applicant
may
be
refused
for
such
reason
as
would
have
22
constituted
grounds
for
revocation.
23
(6)
Certified
teachers
in
a
public
charter
school
shall
be
considered
24
public
school
teachers.
Educational
experience
shall
accrue
for
service
in
25
a
public
charter
school
and
be
counted
by
any
school
district
for
any
teacher
26
who
has
been
employed
in
a
public
charter
school.
The
staff
of
the
public
27
charter
school
shall
be
considered
a
separate
unit
for
the
purposes
of
col
-
28
lective
bargaining.
29
(7)
Charter
school
teachers
,
including
teachers
in
virtual
schools,
30
may
be
certified
pursuant
to
the
requirements
set
forth
in
chapter
12,
title
31
33,
Idaho
Code,
pertaining
to
traditional
public
school
districts
or
may
32
hold
a
charter
school
-
specific
teaching
certificate.
33
(a)
Criteria
for
a
charter
school
-
specific
teaching
certificate
shall
34
be
in
writing
and
require
that
teachers
satisfy
the
provisions
set
forth
35
in
section
33
-
1202
1.,
3.,
and
4.,
Idaho
Code,
and
meet
the
following
36
minimum
educational
or
professional
qualifications:
37
(i)
Hold
a
bachelor's
degree
from
an
accredited
institution;
or
38
(ii)
If
instructing
students
in
the
fields
of
career
technical
39
education,
satisfy
the
provisions
of
section
33
-
2205(6)(a),
Idaho
40
Code.
Career
technical
education
programs
taught
by
teachers
41
with
a
charter
school
-
specific
teaching
certificate
shall
receive
42
added
-
cost
funding
set
forth
in
section
33
-
2215,
Idaho
Code,
in
an
43
amount
equal
to
programs
taught
by
teachers
with
an
occupational
44
specialist
teaching
certificate.
45
(b)
Teachers
with
a
charter
school
-
specific
teaching
certificate
shall
46
receive
mentoring
and
professional
development
as
approved
by
the
char
-
47
ter
holder.
48
(c)
The
state
board
of
education
shall
issue
charter
school
-
specific
49
teaching
certificates
to
teachers
upon
recommendation
of
the
individ
-
50
5
ual
charter
school,
unless
denied
on
the
grounds
set
forth
in
section
1
33
-
1208,
Idaho
Code.
2
(d)
For
teachers
holding
a
charter
school
-
specific
teaching
certifi
-
3
cate,
a
charter
school
may
substitute
its
own
ongoing
education
and
pro
-
4
fessional
development
requirements
in
place
of
those
set
forth
in
rule
5
by
the
state
board
of
education
if
the
same
number
of
credit
hours
is
6
required
as
that
of
teachers
holding
a
standard
instructional
certifi
-
7
cate.
8
(8)
Public
charter
schools
may
contract
with
educational
services
9
providers
subject
to
the
following
provisions:
10
(a)
Educational
services
providers
shall
be
third
-
party
entities
sepa
-
1
1
rate
from
the
public
charter
schools
with
which
they
contract
and
shall
12
not
be
considered
governmental
entities,
provided
that
such
contracts
13
may
be
evaluated
by
the
authorizer;
14
(b)
No
more
than
one
-
third
(1/3)
of
the
public
charter
school's
board
15
membership
may
be
comprised
of
nonprofit
educational
services
provider
16
representatives.
Nonprofit
educational
services
provider
repre
-
17
sentatives
may
not
be
employees
of
the
public
charter
school
or
the
18
educational
services
provider
and
may
not
hold
office
as
president
or
19
treasurer
on
the
public
charter
school's
board.
For
-
profit
educational
20
services
providers
may
not
have
representatives
on
the
public
charter
21
school's
board
of
directors
.
The
board
of
directors
of
public
char
-
22
ter
schools,
including
virtual
schools,
and
the
educational
services
23
providers
with
which
a
school
contracts
shall
establish
policies
for
24
individuals
who
are
employed
by
both
the
public
charter
school
and
the
25
educational
services
provider
with
which
the
school
contracts.
Such
26
policies
shall
include
protocol
regarding
conflicts
of
interest,
mech
-
27
anisms
for
accountability
and
oversight,
and
guidelines
for
employees
;
28
(c)
Charter
holders
shall
annually
disclose
any
existing
and
potential
29
conflicts
of
interest,
pecuniary
or
otherwise,
with
affiliated
educa
-
30
tional
services
providers;
31
(d)
Charter
holders
shall
retain
accountability
for
academic,
fiscal,
32
and
organizational
operations
and
outcomes
of
the
school
and
may
not
re
-
33
linquish
this
responsibility
to
any
other
entity;
34
(e)
Contracts
must
ensure
that
school
boards
retain
the
right
to
termi
-
35
nate
the
contract
for
failure
to
meet
defined
performance
standards
af
-
36
ter
notice
and
a
reasonable
cure
period
has
expired
and
if
material
de
-
37
ficiencies
have
not
been
cured
prior
to
that
time
period
expiring;
38
(f)
Contracts
must
ensure
that
assets
purchased
by
educational
ser
-
39
vices
providers
on
behalf
of
the
school,
using
public
funds,
shall
40
remain
assets
of
the
school.
The
provisions
of
this
paragraph
shall
41
not
prevent
educational
services
providers
from
acquiring
assets
using
42
revenue
acquired
through
management
fees;
43
(g)
Charter
holders
shall
consult
legal
counsel
independent
of
the
44
party
with
whom
they
are
contracting
for
purposes
of
reviewing
the
45
school's
management
contract
and
facility
lease
or
purchase
agreements
46
to
ensure
compliance
with
applicable
state
and
federal
law,
including
47
requirements
that
state
entities
not
enter
into
contracts
that
obligate
48
them
beyond
the
terms
of
any
appropriation
of
funds
by
the
state
legis
-
49
lature;
50
6
(h)
Charter
holders
must
ensure
that
their
facility
contracts
are
sepa
-
1
rate
from
management
contracts;
and
2
(i)
A
virtual
school
shall
be
deemed
financially
sufficient
if
there
is
3
an
agreement
that
requires
an
educational
services
provider
to
assume
4
the
virtual
school's
financial
risk
when
it
does
not
have
sufficient
5
residual
funds
to
pay
the
educational
services
provider.
Where
this
6
paragraph
is
applicable,
the
educational
services
provider
shall
make
7
its
audited
financial
statements
available,
unless
the
educational
8
services
provider
already
makes
such
audited
financial
statements
pub
-
9
licly
available
for
compliance
with
other
federal
or
state
laws
.
;
10
(j)
All
contracts
and
any
subsequent
amendments
thereto
between
a
vir
-
1
1
tual
school
and
an
educational
services
provider
relating
to
the
provi
-
12
sion
of
virtual
learning
to
students
shall
be
approved
by
the
school's
13
board
of
directors
prior
to
execution.
Such
virtual
schools
shall
pro
-
14
vide
proof
of
Idaho
residency
for
all
enrolled
students
to
the
autho
-
15
rizer,
upon
request;
16
(k)
Curricular
materials,
as
defined
in
section
33
-
118A,
Idaho
Code,
17
including
any
alternative
or
supplemental
curriculum,
shall
meet
con
-
18
tent
standards
as
set
forth
in
rule
promulgated
by
the
state
board
of
ed
-
19
ucation,
and
a
system
shall
be
established
to
document
such
curriculum;
20
(l)
Any
educational
services
provider
contracting
with
and
receiving
21
public
funds
from
a
virtual
school
shall
provide
a
written
disclosure
of
22
services
and
costs
in
its
contract
that
shall:
23
(i)
Identify
the
specific
services
provided
to
the
virtual
24
school;
25
(ii)
Identify
the
cost
of
each
service
or
category
of
service
and
26
the
method
used
to
calculate
such
cost;
and
27
(iii)
Demonstrate
a
clear
relationship
between
the
public
funds
28
received
and
the
services
provided;
and
29
(m)(i)
No
public
charter
school,
virtual
school,
or
educational
30
services
provider
with
which
they
contract
shall
furnish
any
31
payment
of
state
funds
directly
to
parents
or
legal
guardians
32
of
enrolled
students.
Any
state
funds
determined
by
the
virtual
33
school
to
be
used
as
supplemental
learning
funds
shall
be
used
only
34
for
eligible
education
expenses
as
provided
in
this
paragraph.
35
"Supplemental
learning
funds"
means
state
funds
that
are
locally
36
determined
to
be
used
to
enhance
educational
services
or
resources
37
and
to
cover
educational
costs
for
students
learning
outside
tra
-
38
ditional
classrooms
and
learning
at
home.
Eligible
education
39
expenses
shall
be
available
for
all
courses,
including
elective
40
courses.
Such
funds
shall
be
expended
through
direct
order
by
the
41
virtual
school
only,
except
as
otherwise
provided
in
this
para
-
42
graph.
43
(ii)
Eligible
educational
expenses,
for
the
purposes
of
this
sec
-
44
tion,
includes:
45
1.
Computer
hardware,
internet
access,
or
other
technolog
-
46
ical
devices
or
services
that
are
primarily
used
to
meet
a
47
student's
educational
needs,
provided
that
expenses
for
in
-
48
ternet
access
shall
be
eligible
for
reimbursement;
49
7
2.
Textbooks,
curricula,
or
other
instructional
materials,
1
including
educational
software
and
applications;
2
3.
Fees
for
national
standardized
assessments,
advanced
3
placement
examinations,
examinations
related
to
college
or
4
university
admissions,
or
industry
-
recognized
certifica
-
5
tion
examinations;
6
4.
Therapies,
including
but
not
limited
to
occupational,
7
behavioral,
physical,
speech
-
language,
and
audiology
ther
-
8
apies,
or
other
services
or
therapies
specifically
approved
9
by
the
state
board
of
education;
and
10
5.
Other
educational
expenses
and
services
as
approved
by
1
1
the
state
board
of
education.
12
(iii)
The
state
board
of
education
shall
promulgate
rules,
subject
13
to
legislative
approval,
to
implement
the
provisions
of
this
para
-
14
graph.
Such
rules
shall
include
a
list
of
allowable
items
for
eli
-
15
gible
educational
expenses.
16
(9)
Except
as
otherwise
provided
in
this
chapter,
authorizers
shall
not
17
contract
with
any
public
charter
schools,
including
virtual
schools,
that
18
such
authorizers
approved.
19
(10)
A
virtual
school
shall
retain
the
authority
to
hire,
oversee,
and
20
evaluate
all
teachers
delivering
instruction
in
the
virtual
school.
21
(9)
(11)
Admission
procedures,
including
provision
for
over
-
enroll
-
22
ment,
shall
provide
that
the
initial
admission
procedures
for
a
public
char
-
23
ter
school
will
be
determined
by
lottery
or
other
random
method,
except
as
24
otherwise
provided
in
this
section.
A
charter
holder
shall
strive
to
ensure
25
that
citizens
in
the
primary
attendance
area
are
made
aware
of
the
enroll
-
26
ment
opportunities
and
deadline.
The
public
notice
must
include
the
enroll
-
27
ment
deadline,
the
public
charter
school's
total
enrollment
capacity
for
the
28
next
school
year,
and
an
advisory
that
all
prospective
students
will
be
given
29
the
opportunity
to
enroll
in
the
public
charter
school
regardless
of
race,
30
color,
national
origin,
ethnicity,
religion,
gender,
socioeconomic
status,
31
or
special
needs.
32
(a)
If
initial
capacity
is
insufficient
to
enroll
all
pupils
who
submit
33
a
timely
application,
then
the
admission
procedures
may
provide
that
34
preference
shall
be
given
in
the
following
order:
first,
to
children
35
of
founders,
provided
that
this
admission
preference
shall
be
limited
36
to
not
more
than
ten
percent
(10%)
of
the
capacity
of
the
public
charter
37
school;
second,
to
siblings
of
pupils
already
selected
by
the
lottery
38
or
other
random
method;
third,
to
pupils
seeking
to
transfer
from
an
-
39
other
Idaho
public
charter
school
or
authorizer
at
which
they
have
been
40
enrolled
for
at
least
one
(1)
year,
provided
that
this
admission
prefer
-
41
ence
shall
be
subject
to
an
existing
written
agreement
for
such
prefer
-
42
ence
between
the
subject
charter
schools
or
authorizer;
fourth,
to
stu
-
43
dents
residing
within
the
primary
attendance
area
of
the
public
charter
44
school;
and
fifth,
by
an
equitable
selection
process
such
as
a
lottery
45
or
other
random
method.
A
public
charter
school
may
weight
the
school's
46
lottery
to
preference
admission
for
the
following
educationally
dis
-
47
advantaged
students:
students
living
at
or
below
one
hundred
eighty
-
48
five
percent
(185%)
of
the
federal
poverty
level,
students
who
are
home
-
49
less
or
in
foster
care,
children
with
disabilities
as
defined
in
sec
-
50
8
tion
33
-
2001,
Idaho
Code,
students
with
limited
English
proficiency,
1
and
students
who
are
at
-
risk
as
defined
in
section
33
-
1001,
Idaho
Code.
2
A
public
charter
school
may
include
the
children
of
full
-
time
employees
3
of
the
public
charter
school
within
the
first
priority
group,
subject
to
4
the
limitations
therein.
5
(b)
If
capacity
is
insufficient
to
enroll
all
pupils
who
submit
a
timely
6
application
for
subsequent
school
terms,
then
the
admission
procedures
7
may
provide
that
preference
shall
be
given
in
the
following
order:
8
first,
to
pupils
returning
to
the
public
charter
school
in
the
second
9
or
any
subsequent
year
of
its
operation;
and
then
as
provided
in
para
-
10
graph
(a)
of
this
subsection.
The
sibling
preference
in
subsequent
1
1
school
years
applies
to
siblings
of
a
returning
pupil
and
of
a
pupil
12
selected
by
the
lottery
or
other
random
method.
A
new
lottery
shall
be
13
conducted
each
year
to
fill
vacancies
that
become
available.
A
public
14
charter
school
may
weight
the
school's
lottery
to
preference
admission
15
as
provided
in
this
paragraph
and
paragraph
(a)
of
this
subsection
and
16
for
children
who
attended
the
public
charter
school
within
the
previous
17
three
(3)
school
years
but
withdrew
as
a
result
of
the
relocation
of
a
18
parent
or
guardian
due
to
an
academic
sabbatical
or
an
employer
or
mili
-
19
tary
transfer
or
reassignment.
20
(c)
Each
public
charter
school
shall
establish
a
process
under
which
a
21
child
may
apply
for
enrollment
or
register
for
courses,
regardless
of
22
where
such
child
resides
at
the
time
of
application
or
registration,
if
23
the
child
is
a
dependent
of
a
member
of
the
United
States
armed
forces
24
who
has
received
transfer
orders
to
a
location
in
Idaho
and
will,
upon
25
such
transfer,
reside
in
an
area
served
by
the
public
charter
school.
26
If
capacity
is
insufficient
as
described
in
paragraph
(a)
or
(b)
of
this
27
subsection,
a
child
described
in
this
paragraph
shall
be
treated
as
a
28
student
residing
within
the
primary
attendance
area
of
the
public
char
-
29
ter
school
for
purposes
of
preference.
Otherwise,
such
children
shall
30
be
included
in
the
highest
priority
group
for
which
they
would
otherwise
31
be
eligible.
32
(d)
Admission
to
a
public
charter
school
shall
be
determined
by
a
selec
-
33
tion
process
held
within
seven
(7)
days
of
the
enrollment
deadlines
es
-
34
tablished
by
the
charter
holder.
The
selection
process
must
take
place
35
in
a
public
setting,
the
date
and
time
of
which
must
be
noticed
to
the
36
public
at
least
forty
-
eight
(48)
hours
in
advance.
37
(e)
Within
seven
(7)
days
after
conducting
the
selection
process,
the
38
charter
holder
shall
send
an
offer
to
the
legal
guardian
who
submitted
a
39
written
request
for
admission
on
behalf
of
a
student
notifying
such
per
-
40
son
that
the
student
has
been
selected
for
admission
to
the
public
char
-
41
ter
school.
An
offer
must
be
signed
by
such
student's
parent
or
guardian
42
and
returned
to
the
public
charter
school
by
the
date
designated
in
such
43
offer
letter.
Remaining
students
shall
be
notified
that
they
may
be
el
-
44
igible
for
admission
at
a
later
date
if
a
seat
becomes
available.
45
(f)
If
a
school
exceeds
its
projected
student
count
in
a
lottery
and
46
a
sufficient
wait
list
exists,
the
school
may
increase
enrollment
by
47
adding
additional
students
per
grade,
not
to
exceed
the
total
amount
of
48
students
authorized
by
the
charter.
49
9
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
2
July
1,
2026.
3