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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.
780
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
academic
pro
-
32
grams.
33
(4)
Oversight
of
academic
standards
relating
to
participation
in
34
nonacademic
public
school
activities
shall
be
the
responsibility
of
the
pri
-
35
mary
education
provider
for
that
student.
In
order
for
any
nonpublic
school
36
student
or
public
school
student
to
participate
in
nonacademic
public
school
37
activities
for
which
public
school
students
must
demonstrate
academic
pro
-
38
ficiency
or
eligibility,
the
nonpublic
school
or
public
school
student
shall
39
demonstrate
composite
grade
-
level
academic
proficiency
on
any
state
board
40
of
education
recognized
achievement
test,
portfolio,
or
other
mechanism
41
as
provided
for
in
state
board
of
education
rules
deemed
appropriate
by
42
2
the
student's
primary
education
provider
.
Additionally,
a
student
shall
1
be
eligible
if
he
achieves
a
minimum
composite,
core
or
survey
test
score
2
within
the
average
or
higher
-
than
-
average
range
as
established
by
the
test
3
service
utilized
on
any
nationally
normed
test.
Demonstrated
proficiency
4
shall
be
used
to
determine
eligibility
for
the
current
and
next
following
5
school
years.
School
districts
and
public
charter
schools
shall
provide
to
6
nonpublic
students
who
wish
to
participate
in
dual
enrollment
activities
7
the
opportunity
to
take
state
tests
or
other
standardized
tests
given
to
all
8
regularly
enrolled
public
school
students.
9
(5)
A
public
school
student
who
has
been
unable
to
maintain
academic
el
-
10
igibility
is
ineligible
to
participate
in
nonacademic
public
school
activi
-
1
1
ties
as
a
nonpublic
school
or
public
charter
school
student
for
the
duration
12
of
the
school
year
in
which
the
student
becomes
academically
ineligible
and
13
for
the
following
academic
year.
14
(6)
A
nonpublic
school
or
public
school
student
participating
in
15
nonacademic
public
school
activities
must
reside
within
the
attendance
16
boundaries
of
the
school
for
which
the
student
participates.
Subject
to
all
17
other
provisions
of
this
section,
all
eligible
nonpublic
students
shall
be
18
able
to
access
and
participate
in
all
nonacademic
public
school
activities,
19
including
both
extracurricular
and
cocurricular
activities.
20
(7)
School
districts
and
public
charter
schools
may
charge
a
fee
for
21
nonpublic
student
participation
in
nonacademic
public
school
activities.
22
Such
fee
shall
reflect
the
costs
associated
with
participation
in
the
activ
-
23
ity.
24
(7)
(8)
Dual
enrollment
shall
include
the
option
of
joint
enrollment
in
25
a
regular
public
school
and
an
alternative
public
school
program.
The
state
26
board
of
education
shall
establish
rules
that
provide
funding
to
school
dis
-
27
tricts
for
each
student
who
participates
in
both
a
regular
public
school
pro
-
28
gram
and
an
alternative
public
school
program.
29
(8)
(9)
Dual
enrollment
shall
include
the
option
of
enrollment
in
a
30
postsecondary
institution.
Any
credits
earned
from
an
accredited
postsec
-
31
ondary
institution
shall
be
credited
toward
state
board
of
education
high
32
school
graduation
requirements.
33
(9)
(10)
A
nonpublic
student
is
any
student
who
receives
educational
34
instruction
outside
a
public
school
classroom
and
such
instruction
can
in
-
35
clude,
but
is
not
limited
to,
a
private
school
or
a
home
school.
36
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
37
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
38
July
1,
2026.
39