Print Friendly

HOUSE BILL NO. 463

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

---

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

---

H0463........................................................by MR. SPEAKER
               Requested by: Idaho State Board of Education
PROPRIETARY SCHOOLS - Repeals and amends existing law to delete the
existing authority of the State Board of Education to regulate proprietary
schools in Idaho and to charge the State Board of Education with developing
and enforcing standards which will assure protection to Idaho students
accessing these postsecondary institutions.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Educ

Bill Text

H0463

                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 463

                                      BY MR. SPEAKER
                       Requested by: Idaho State Board of Education

 1                                        AN ACT
 2    RELATING TO INSTITUTIONS OFFERING COURSES OF EDUCATION IN IDAHO; AMENDING SEC-
 3        TION 33-107, IDAHO CODE, TO CLARIFY AUTHORITY OF THE STATE BOARD OF EDUCA-
 4        TION TO DEVELOP AND ENFORCE STANDARDS FOR INSTITUTIONS OFFERING COURSES OF
 5        PROGRAMS IN IDAHO; REPEALING CHAPTER 24, TITLE 33, IDAHO  CODE;  REPEALING
 6        SECTIONS  2,  3  AND 5 OF CHAPTER 188, LAWS OF 1997; AND PROVIDING FOR THE
 7        RELEASE OF BOND AND APPROPRIATION OF  FUNDS  REMAINING  AFTER  CLAIMS  ARE
 8        PAID.

 9    Be It Enacted by the Legislature of the State of Idaho:

10        SECTION  1.  That  Section  33-107, Idaho Code, be, and the same is hereby
11    amended to read as follows:

12        33-107.  GENERAL POWERS AND DUTIES OF THE STATE BOARD.   The  state  board
13    shall have power to:
14        (1)  perform all duties prescribed for it by the school laws of the state;
15        (2)  acquire,  hold and dispose of title, rights and interests in real and
16    personal property;
17        (3)  have general supervision, through its executive departments and offi-
18    ces, of all entities of public education supported in  whole  or  in  part  by
19    state funds;
20        (4)  delegate  to its executive secretary, to its executive officer, or to
21    such other administrators as the board may appoint, such powers as said  offi-
22    cers require to carry out the policies, orders and directives of the board;
23        (5)  through its executive departments and offices;
24        (a)  enforce the school laws of the state,
25        (b)  study the educational conditions and needs of the state and recommend
26        to  the legislature needed changes in existing laws or additional legisla-
27        tion;
28        (6)   in addition to the powers conferred by chapter  24,  title  33,
29    Idaho Code;   pursuant to section 33-105(2), Idaho Code: 
30        (a)  maintain  a  register of courses and programs offered anywhere in the
31        state of Idaho by postsecondary institutions which are: (1)  located  out-
32        side  the state of Idaho and are offering courses or programs for academic
33        credit or otherwise; or (2) located within the  state  of  Idaho  but  not
34        accredited  by a regional or national accrediting agency recognized by the
35        board and are offering courses or programs for academic credit. The accep-
36        tance of academic or nonacademic credit, at public postsecondary  institu-
37        tions  in  Idaho, is the prerogative of the state board of education; pro-
38        vided however, credit transferred into Idaho public postsecondary institu-
39        tions from nonaccredited postsecondary institutions can be  accepted  only
40        upon  review  and  recommendation by the individual postsecondary institu-
41        tions  and  with  the  approval  of  the  state  board  of  education.   A
42        nonaccredited  postsecondary institution is one which is not accredited by
43        a regional accrediting agency recognized by the state board or the  United


                                          2

 1        States department of education,
 2        (b)  require compliance by  any  institutions , persons or
 3        entities  which desire to offer courses or programs  in  Idaho  with
 4        the  standards  and  procedures established  in chapter 24, title 33,
 5        Idaho Code   by the state board ,
 6        (c)  violation of the provisions of this  act  will  be  referred  to  the
 7        attorney  general  for  appropriate action, including, but not limited to,
 8        injunctive relief.
 9        (7)  prescribe the courses and programs of study to be offered at the pub-
10    lic institutions of higher education, after consultation with  the  presidents
11    of the affected institutions;
12        (8)  approve  new courses and programs of study to be offered at community
13    colleges organized pursuant to chapter 21, title  33,  Idaho  Code,  when  the
14    courses  or  programs  of study are academic in nature and the credits derived
15    therefrom are intended to be  transferable  to  other  state  institutions  of
16    higher  education  for  credit  toward  a  baccalaureate  degree, and when the
17    courses or programs of study have been authorized by the board of trustees  of
18    the community college.

19        SECTION  2.  That  Chapter  24,  Title 33, Idaho Code, be, and the same is
20    hereby repealed.

21        SECTION 3.  That Sections 2, 3 and 5 of Chapter 188, Laws of 1997, be, and
22    the same are hereby repealed.

23        SECTION 4.  The State Board of Education shall release any  bond  supplied
24    pursuant  to  Section  33-2407, Idaho Code. Any funds remaining in the Student
25    Tuition Recovery Account, created pursuant to Section 33-2508, Idaho Code, and
26    assessed and paid pursuant to Section 33-2409, Idaho Code,  after  all  claims
27    against  the  account  have  been  paid, shall be paid over to, and are hereby
28    appropriated to the State Board of Education.

Statement of Purpose / Fiscal Impact

    STATEMENT OF PURPOSE 
    RS07442C1
    
    
    Recommendation to repeal Chapter 24, Title 33 was made by the State Board of 
    Education Committee on Evaluation of Alternative Delivery Systems. Chapter 24 was 
    enacted in 1993 to protect Idaho students enrolled in a post-secondary proprietary 
    institution. Until recently those protections were not tested. As the result of the failure of a 
    proprietary institution in Southeast Idaho, it was determined that the Idaho Code failed to 
    protect those students. The development of Board policy in this area will provide quality, 
    access, accountability, and protection to Idaho students accessing post-secondary 
    institutions and Chapter 24 is therefore no longer needed.
    
    FISCAL IMPACT
    There is no fiscal impact from this legislative change.
    
    CONTACT
    Name: Dr. Robin Dodson
    Agency: Idaho State Board of Education
    Phone: 334-2270
    Statement of Purpose/Fiscal Impact
    
    H 463