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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.
778
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
203,
IDAHO
CODE,
TO
REVISE
PROVI
-
2
SIONS
REGARDING
DUAL
ENROLLMENT;
AND
DECLARING
AN
EMERGENCY
AND
PROVID
-
3
ING
AN
EFFECTIVE
DATE.
4
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
5
SECTION
1.
That
Section
33
-
203,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
203.
DUAL
ENROLLMENT.
(1)
The
parent
or
guardian
of
a
child
of
8
school
age
who
is
enrolled
in
a
nonpublic
school
or
a
public
charter
school
9
shall
be
allowed
to
enroll
the
student
in
any
public
school,
including
an
-
10
other
public
charter
school,
for
dual
enrollment
purposes.
The
board
of
1
1
trustees
of
the
school
district
or
board
of
directors
of
the
public
char
-
12
ter
school
shall
adopt
procedures
governing
enrollment
pursuant
to
this
13
section.
If
enrollment
in
a
specific
program
reaches
the
maximum
for
the
14
program,
priority
for
enrollment
shall
be
given
to
a
student
who
is
enrolled
15
full
-
time
in
the
public
school.
In
the
case
of
dual
enrollment
in
a
public
16
charter
school,
the
student
who
is
dually
enrolled
shall
not
count
toward
17
the
public
charter
school's
maximum
enrollment
restrictions.
The
dually
18
enrolled
student's
primary
education
provider
shall
be
the
provider
in
which
19
the
student
is
registered
for
the
majority
of
the
coursework.
At
no
time
20
may
the
dual
enrollment
provisions
be
used
to
circumvent
a
public
charter
21
school's
lottery
requirements.
22
(2)
Any
student
participating
in
dual
enrollment
may
enter
into
any
23
program
in
the
public
school
available
to
other
students,
subject
to
compli
-
24
ance
with
the
eligibility
requirements
herein
and
the
same
responsibilities
25
and
standards
of
behavior
and
performance
that
apply
to
any
student's
26
participation
in
the
activity,
except
that
the
academic
eligibility
re
-
27
quirements
for
participation
in
nonacademic
activities
are
as
provided
for
28
herein.
29
(3)
All
schools
shall
be
allowed
to
include
dually
enrolled
nonpublic
30
school
and
public
school
students
for
the
purposes
of
state
funding
only
to
31
the
extent
of
the
student's
participation
in
the
public
school
programs.
32
(4)
Oversight
of
academic
standards
relating
to
participation
in
33
nonacademic
public
school
activities
shall
be
the
responsibility
of
the
34
primary
education
provider
for
that
student.
In
order
for
any
nonpublic
35
school
student
or
public
school
student
to
participate
in
nonacademic
pub
-
36
lic
school
activities
for
which
public
school
students
must
demonstrate
37
academic
proficiency
or
eligibility,
the
nonpublic
school
or
public
school
38
student
shall
demonstrate
composite
grade
-
level
academic
proficiency
on
any
39
state
board
of
education
recognized
achievement
test,
portfolio,
or
other
40
mechanism
as
provided
for
in
state
board
of
education
rules.
Additionally,
41
a
student
shall
be
eligible
if
he
the
student
achieves
a
minimum
composite,
42
2
core
,
or
survey
test
score
within
the
average
or
higher
-
than
-
average
range
1
as
established
by
the
test
service
utilized
on
any
nationally
normed
test.
2
Demonstrated
proficiency
shall
be
used
to
determine
eligibility
for
the
cur
-
3
rent
and
next
following
school
years.
School
districts
and
public
charter
4
schools
shall
provide
to
nonpublic
students
who
wish
to
participate
in
dual
5
enrollment
activities
the
opportunity
to
take
state
tests
or
other
standard
-
6
ized
tests
given
to
all
regularly
enrolled
public
school
students.
7
(5)
A
public
school
student
who
has
been
unable
to
maintain
academic
el
-
8
igibility
is
ineligible
to
participate
in
nonacademic
public
school
activi
-
9
ties
as
a
nonpublic
school
or
public
charter
school
student
for
the
duration
10
of
the
school
year
in
which
the
student
becomes
academically
ineligible
and
1
1
for
the
following
academic
year.
12
(6)
A
nonpublic
school
or
public
school
student
participating
in
13
nonacademic
public
school
activities
must
reside
within
the
attendance
14
boundaries
of
the
school
for
which
the
student
participates.
Any
student
en
-
15
rolled
in
a
public
school
or
public
charter
school
and
any
nonpublic
student
16
as
defined
in
subsection
(10)
of
this
section
or
a
student
enrolled
pursuant
17
to
the
provisions
of
section
33
-
1402,
Idaho
Code,
shall
be
eligible
to
par
-
18
ticipate
in
all
nonacademic
activities,
including
interscholastic
sports,
19
at
the
public
school
or
public
charter
school
in
which
the
student
is
en
-
20
rolled
in
the
same
manner
and
to
the
same
extent
as
any
other
student
enrolled
21
in
such
school.
Nothing
in
this
subsection
shall
be
construed
to
limit
the
22
authority
of
an
association
to
regulate
the
eligibility
of
students
trans
-
23
ferring
between
schools
operated
by
a
public
school
district
as
defined
in
24
section
33
-
1001,
Idaho
Code.
25
(7)
Any
student
enrolled
in
a
public
charter
school
and
any
nonpublic
26
student
as
defined
in
subsection
(10)
of
this
section
may
elect
to
partic
-
27
ipate
in
nonacademic
activities,
including
interscholastic
sports,
at
the
28
public
school
within
the
attendance
boundaries
of
the
student's
residence,
29
provided
the
activity
is
not
offered
at
the
student's
school
of
enrollment.
30
Nothing
in
this
subsection
shall
be
construed
to
limit
the
authority
of
an
31
association
to
regulate
the
eligibility
of
students
transferring
between
32
schools
operated
by
a
public
school
district
as
defined
in
section
33
-
1001,
33
Idaho
Code.
34
(7)
(8)
Dual
enrollment
shall
include
the
option
of
joint
enrollment
in
35
a
regular
public
school
and
an
alternative
public
school
program.
The
state
36
board
of
education
shall
establish
rules
that
provide
funding
to
school
dis
-
37
tricts
for
each
student
who
participates
in
both
a
regular
public
school
pro
-
38
gram
and
an
alternative
public
school
program.
39
(8)
(9)
Dual
enrollment
shall
include
the
option
of
enrollment
in
a
40
postsecondary
institution.
Any
credits
earned
from
an
accredited
postsec
-
41
ondary
institution
shall
be
credited
toward
state
board
of
education
high
42
school
graduation
requirements.
43
(9)
(10)
A
nonpublic
student
is
any
student
who
receives
educational
44
instruction
outside
a
public
school
classroom
and
such
instruction
can
in
-
45
clude
,
but
is
not
limited
to
,
a
private
school
or
a
home
school.
46
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
47
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
48
July
1,
2026.
49