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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.
940
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
AMENDING
SECTION
33
-
5502,
IDAHO
CODE,
TO
REVISE
PRO
-
2
VISIONS
REGARDING
THE
CREATION
OF
THE
IDAHO
DIGITAL
LEARNING
ACADEMY
3
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
33
-
5504,
IDAHO
4
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
DUTIES
OF
THE
ACADEMY
BOARD
OF
5
DIRECTORS
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
33
-
5505,
6
IDAHO
CODE,
TO
REVISE
DEFINITIONS
AND
TO
DEFINE
TERMS;
AMENDING
SEC
-
7
TION
33
-
1020,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
IDAHO
DIGITAL
8
LEARNING
ACADEMY
FUNDING;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
9
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
33
-
5502,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
33
-
5502.
CREATION
-
-
LEGISLATIVE
FINDINGS
-
-
GOAL.
(1)
There
is
hereby
14
created
the
Idaho
digital
learning
academy,
a
public
school
-
choice
learn
-
15
ing
environment
which
that
joins
the
best
technology
with
the
best
instruc
-
16
tional
practices.
The
Idaho
digital
learning
academy
as
provided
for
in
this
17
chapter,
is
not
a
single
department
of
state
government
unto
itself,
nor
is
18
it
a
part
of
any
of
the
twenty
(20)
departments
of
state
government
autho
-
19
rized
by
section
20,
article
IV,
of
the
constitution
of
the
state
of
Idaho,
20
or
of
the
departments
prescribed
in
section
67
-
2402,
Idaho
Code.
It
is
leg
-
21
islative
intent
that
the
Idaho
digital
learning
academy
operate
and
be
rec
-
22
ognized
not
as
a
state
or
local
agency
or
department,
but
as
a
governmental
an
23
entity
whose
creation
has
been
authorized
by
the
state
,
much
in
the
manner
as
24
other
single
purpose
districts
.
25
(2)
The
legislature
finds
that
it
is
in
the
best
public
interest
to
cre
-
26
ate
the
Idaho
digital
learning
academy
based
on
findings
that
indicate:
27
(a)
Technology
continues
to
impact
all
facets
of
life,
including
the
28
education
of
students
of
school
age
and
adult
learners
the
education
of
29
students
in
this
state
;
30
(b)
Systems
for
delivery
of
education
are
as
diverse
as
the
learners;
31
and
32
(c)
Public
school
systems
Idahoans
are
seeking
high
quality
educa
-
33
tional
choices
within
the
public
system
,
and
schools
and
other
edu
-
34
cation
providers
are
aligning
curriculum
and
assessment
with
state
35
achievement
standards
;
and
.
36
(d)
The
development
of
a
comprehensive
digital
learning
environment
is
37
cost
prohibitive
for
individual
school
districts.
38
(3)
The
goal
of
the
digital
learning
academy
is
to
provide
choice,
ac
-
39
cessibility,
flexibility,
quality
,
and
equity
in
curricular
offerings
for
40
students
in
this
state.
The
digital
learning
academy
shall
function
as
a
re
-
41
source
to
fill
instructional
gaps
and
is
not
intended
to
supplant
regularly
42
2
scheduled
courses
or
full
instructional
programs
offered
by
a
student's
lo
-
1
cal
school
district
or
public
charter
school.
Courses
offered
shall
include
2
credit
recovery,
dual
credit,
courses
not
offered
in
small
or
rural
school
3
districts,
courses
required
by
the
state
of
Idaho
for
graduation,
and
over
-
4
load
courses.
5
SECTION
2.
That
Section
33
-
5504,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
33
-
5504.
DUTIES
OF
THE
ACADEMY
BOARD
OF
DIRECTORS.
The
board
shall
be
8
responsible
for
ensuring
that
academy
procedures
and
courses
are
in
compli
-
9
ance
with
the
rules
of
the
state
board
of
education
and
applicable
statutes
10
of
the
state
of
Idaho.
In
addition,
the
board
shall:
1
1
(1)
Recommend
policies
to
be
established
by
rule
of
the
state
board
for
12
effecting
the
purposes
of
this
chapter.
13
(2)
Employ
or
contract
with
staff
as
necessary
and
purchase
such
sup
-
14
plies
and
equipment
as
are
necessary
to
implement
the
provisions
of
this
15
chapter,
which
purchases
shall
be
exempt
from
the
state
procurement
act
in
16
chapter
92,
title
67,
Idaho
Code.
The
percentage
of
personnel
costs
spent
on
17
staff
classified
as
administration
shall
not
exceed
thirty
percent
(30%)
of
18
the
total
budget.
19
(3)
To
enter
Enter
into
contracts
with
any
other
governmental
or
public
20
agency
whereby
the
board
agrees
to
render
services
to
or
for
such
agency
in
21
exchange
for
a
charge
reasonably
calculated
to
cover
the
costs
of
rendering
22
such
service.
23
(4)
To
accept
Accept
,
receive
,
and
utilize
any
gifts,
grants
,
or
funds
24
and
personal
and
real
property
that
may
be
donated
to
it
for
the
fulfillment
25
of
the
purposes
outlined
in
this
chapter.
26
(5)
Employ
or
contract
with
necessary
faculty
and
teaching
staff
who
27
are
fully
certificated
Idaho
teachers
or
administrators
,
to
design
and
de
-
28
liver
planned
curriculum
content.
The
academy
shall
be
exempt
from
the
pro
-
29
visions
of
sections
33
-
513,
33
-
514,
33
-
514A,
33
-
515
and
33
-
515A,
Idaho
Code,
30
and
shall
be
exempt
from
chapter
53,
title
67,
Idaho
Code.
All
teaching
and
31
educational
staff
of
the
academy
shall
be
exempt,
at
will
employees.
The
32
number
of
such
staff
shall
largely
be
dictated
by
the
number
of
courses
under
33
development,
the
number
of
courses
offered,
and
the
number
of
students
par
-
34
ticipating
in
academy
programs.
35
(6)
Obtain
housing
office
space
where
actual
operations
of
the
academy
36
are
conducted
by
academy
staff.
37
(7)
Contract
with
a
service
provider
for
delivery
of
academy
courses
38
online
which
shall
be
accessible
twenty
-
four
(24)
hours
a
day,
seven
(7)
days
39
a
week.
40
(8)
Ensure
that
the
academy
is
accredited
as
established
by
rule
of
the
41
state
board
of
education.
42
(9)
Develop
policy
for
earning
credit
in
courses
based
on
mastery
of
43
the
subject,
demonstrated
competency,
and
meeting
the
standards
set
for
each
44
course.
45
(10)
Provide
for
articulating
the
content
of
certain
high
school
46
courses
with
college
and
university
courses
in
order
to
award
both
high
47
school
and
undergraduate
college
credit.
48
3
(11)
Develop
policies
and
practices
which
that
provide
strict
applica
-
1
tion
of
time
limits
for
completion
of
courses.
2
(12)
Develop
policies
and
practices
on
accountability,
both
by
the
3
student
and
the
teacher,
and
in
accordance
with
the
provisions
of
section
4
33
-
5507,
Idaho
Code.
5
(13)
Develop
policies
and
practices
that
prioritize
courses
provided
6
in
section
33
-
5502,
Idaho
Code.
7
(13)
(14)
Manage
the
moneys
disbursed
to
the
academy
board
from
the
su
-
8
perintendent
received
by
the
academy
.
9
(14)
(15)
Set
Subject
to
approval
by
the
state
board
of
education,
set
10
fees
charged
to
school
districts
for
student
participation;
fees
charged
1
1
for
summer
school;
and
fees
charged
to
students
and
adults
for
professional
12
development
offerings
any
user
of
academy
courses,
including
but
not
lim
-
13
ited
to
public
school
districts,
public
charter
schools,
private
schools,
14
individual
students,
and
other
public
or
private
entities.
Fees
for
all
15
courses
required
by
the
state
department
of
education
for
graduation
shall
16
be
no
more
than
forty
dollars
($40.00).
Fees
for
all
courses
not
required
for
17
graduation
shall
be
at
least
one
hundred
dollars
($100).
Fees
shall
offset
18
the
total
state
reimbursement,
not
to
exceed
four
hundred
forty
-
five
dol
-
19
lars
($445).
Private
entities
shall
not
receive
any
state
reimbursement
and
20
shall
be
subject
to
the
full
course
fee
.
21
(15)
(16)
Contract
with
a
certified
public
accounting
firm
to
conduct
an
22
annual
audit
of
the
Idaho
digital
learning
academy.
23
SECTION
3.
That
Section
33
-
5505,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
33
-
5505.
DEFINITIONS.
As
used
in
this
chapter:
26
(1)
"Academy
board
,
"
also
referred
to
in
this
chapter
as
"the
board"
27
means
the
board
of
directors
of
the
Idaho
digital
learning
academy
as
such
28
board
is
created
in
section
33
-
5503,
Idaho
Code.
29
(2)
"Host
district"
means
an
Idaho
school
district
where
the
fiscal
op
-
30
erations
of
the
Idaho
digital
learning
academy
are
housed
until
January
1,
31
2009.
32
(2)
"Custom
section"
means
an
Idaho
digital
learning
academy
course
33
in
which
all
enrollments
are
from
one
(1)
school
district
or
public
charter
34
school.
35
(3)
"Emergency
clause"
means
that
a
custom
section
is
reimbursable
when
36
an
unexpected
departure
of
the
teacher
of
record
occurs
and
reimbursement
37
is
approved
by
the
board
or
when,
after
documented
recruitment
efforts
are
38
made,
the
school
is
unable
to
hire
a
qualified
teacher
for
the
position.
39
(3)
(4)
"Idaho
digital
learning
academy"
means
an
online
educational
40
course
delivery
program
organized
as
a
that
is
fully
accredited
school
with
41
statewide
capabilities
for
the
exclusive
purpose
of
delivering
accredited
42
courses
to
Idaho
resident
students
at
no
cost
to
the
student
unless
the
stu
-
43
dent
enrolls
in
additional
courses
beyond
full
-
time
enrollment.
Partici
-
44
pation
in
the
academy
by
public
school
students
shall
be
in
compliance
with
45
academy
and
local
school
district
policies.
Adult
learners
and
out
-
of
-
state
46
students
shall
pay
tuition
commensurate
with
rates
established
by
the
state
47
board
with
the
advice
of
the
superintendent,
and
such
funds
shall
be
included
48
4
in
the
budget
and
audit
of
the
academy's
fiscal
records.
in
grades
6
through
1
12.
2
(4)
(5)
"State
board"
means
the
Idaho
state
board
of
education.
The
3
board
is
authorized
and
directed,
with
the
advice
and
recommendation
of
the
4
academy
board
of
directors,
to
promulgate
rules
to
implement
the
provisions
5
of
this
chapter.
6
(5)
(6)
"Superintendent"
means
the
Idaho
state
superintendent
of
pub
-
7
lic
instruction.
8
SECTION
4.
That
Section
33
-
1020,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
33
-
1020.
IDAHO
DIGITAL
LEARNING
ACADEMY
FUNDING.
1
1
(1)
(a)
An
amount
of
four
hundred
forty
-
five
dollars
($445)
per
en
-
12
rollment
shall
be
distributed
to
support
the
Idaho
digital
learning
13
academy,
created
pursuant
to
chapter
55,
title
33,
Idaho
Code.
For
the
14
purposes
of
this
section,
an
"enrollment"
shall
be
counted
each
time
15
an
Idaho
school
age
child
enrolls
in
an
Idaho
digital
learning
academy
16
class
course
and
continues
to
be
enrolled
in
such
class
course
past
the
17
deadline
to
withdraw,
where
such
withdrawal
would
not
result
in
the
18
class
course
appearing
on
such
child's
transcript
in
any
way.
If
a
stu
-
19
dent
disenrolls
from
an
Idaho
digital
learning
academy
course
within
20
the
withdrawal
window,
the
fee
shall
be
returned
to
the
payer.
A
single
21
child
enrolled
in
multiple
classes
courses
shall
count
as
multiple
en
-
22
rollments.
Summer
enrollments
shall
be
included
in
the
fiscal
year
that
23
begins
that
summer.
A
registered
course
shall
be
eligible
for
state
24
funding
only
if:
25
(i)
The
student
is
enrolled
in
an
Idaho
school
district
or
public
26
charter
school
that
is
not
entirely
virtual;
27
(ii)
The
course
is
not
a
driver's
education
course;
and
28
(iii)
The
student
is
not
enrolled
in
a
custom
section
unless
the
29
emergency
clause
is
applicable.
30
(b)
If
a
student
wants
to
enroll
in
an
Idaho
digital
learning
academy
31
course
that
does
not
meet
the
criteria
for
state
funding
under
this
sec
-
32
tion,
such
student
may
enroll
in
such
course
if
the
school
district
or
33
public
charter
school
pays
the
fees
for
the
course
as
set
by
the
state
34
board
of
education.
35
(2)
The
state
department
of
education
shall
make
an
estimated
distri
-
36
bution
of
funds
to
the
Idaho
digital
learning
academy
by
no
later
than
July
37
31
of
each
fiscal
year,
consisting
of
eighty
percent
(80%)
of
the
estimated
38
funding
for
the
fiscal
year.
The
balance
of
all
remaining
funds
to
be
dis
-
39
tributed,
pursuant
to
the
calculations
in
this
section,
shall
be
distributed
40
by
no
later
than
May
15
of
the
same
fiscal
year.
The
state
department
of
41
education
shall
reconcile
the
enrollments
prior
to
the
May
15
payment
and
42
withhold
or
recover
any
costs
necessary
to
align
the
funding
with
verified
43
enrollments.
The
joint
finance
-
appropriations
committee
shall
consider
44
adjusting
the
per
enrollment
amount
each
legislative
session
by
a
percent
-
45
age
increase
equal
to
the
percentage
increase
approved
for
salary
increases
46
for
instructional
and
pupil
service
staff
pursuant
to
section
33
-
1004B,
47
Idaho
Code,
and
for
administrative
and
classified
staff
pursuant
to
section
48
33
-
1004E,
Idaho
Code.
49
5
(3)
The
academy
board
of
directors
shall
report
to
the
state
board
of
1
education
during
the
2027
legislative
session
on
the
status
of
courses
and
2
provide
recommendations
and
a
strategic
plan
on
how
to
manage
digital
learn
-
3
ing
throughout
the
state.
4
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
5
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
6
July
1,
2026.
7