2002 Legislation
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HOUSE BILL NO. 534 – Digital learning academy, created


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Daily Data Tracking History

H0534..........................................................by EDUCATION
DIGITAL LEARNING ACADEMY - Adds to existing law to create the Idaho Digital
Learning Academy; to provide legislative findings and to state the goal of
the academy; to create an academy board of directors; to provide duties of
the academy board; to define terms; to provide for the design, development
and accreditation of courses; to provide for registration and
accountability; and to provide funding.
01/31    House intro - 1st rdg - to printing
02/01    Rpt prt - to Educ
02/07    Rpt out - rec d/p - to 2nd rdg
02/08    2nd rdg - to 3rd rdg
02/14    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Campbell, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley,  Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23),
      Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Callister, Hammond, Mr. Speaker
    Floor Sponsors - Aikele & Boe
    Title apvd - to Senate
02/15    Senate intro - 1st rdg - to Educ
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/13    3rd rdg - PASSED - 27-5-3
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Darrington, Deide, Frasure, Geddes, Goedde, Hill, Ingram,
      Ipsen, King-Barrutia, Little, Lodge, Marley, Richardson, Risch,
      Sandy, Sims, Sorensen, Stennett, Thorne, Wheeler, Williams
      NAYS -- Davis, Keough, Noh, Schroeder, Stegner
      Absent and excused -- Cameron, Dunklin, Hawkins
    Floor Sponsor - Andreason
    Title apvd - to House
03/14    To enrol
03/15    Rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 105
         Effective: 03/19/02

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 534
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
 10    Be It Enacted by the Legislature of the State of Idaho:
 11        SECTION  1.  That Title 33, Idaho Code, be, and the same is hereby amended
 12    by the addition thereto of a NEW CHAPTER, to be known and designated as  Chap-
 13    ter 55, Title 33, Idaho Code, and to read as follows:
 14                                      CHAPTER 55
 15                            IDAHO DIGITAL LEARNING ACADEMY
 16        33-5501.  SHORT TITLE. This chapter shall be known and may be cited as the
 17    "Idaho Digital Learning Academy Act of 2002."
 18        33-5502.  CREATION  --  LEGISLATIVE FINDINGS -- GOAL. (1)  There is hereby
 19    created within the state department of education the  Idaho  digital  learning
 20    academy,  a school-choice learning environment which joins the best technology
 21    with the best instructional practices.
 22        (2)  The legislature finds that it is in the best public interest to  cre-
 23    ate the Idaho digital learning academy based on findings that indicate:
 24        (a)  Technology continues to impact all facets of life, including the edu-
 25        cation of students of school age and adult learners;
 26        (b)  Systems for delivery of education are as diverse as the learners;
 27        (c)  Public  school  systems  are seeking high quality educational choices
 28        within the public system, and are aligning curriculum and assessment  with
 29        state achievement standards; and
 30        (d)  The  development  of  a comprehensive digital learning environment is
 31        cost prohibitive for individual school districts.
 32        (3)  The goal of the digital learning academy is to provide choice, acces-
 33    sibility, flexibility, quality and equity in  curricular  offerings  for  high
 34    school-aged students in this state.
 35        33-5503.  ACADEMY BOARD OF DIRECTORS. (1) There is hereby created an acad-
 36    emy  board  of  directors  which  shall be responsible for the development and
 37    oversight of the Idaho digital learning academy.
 38        (2)  The academy board of directors shall be comprised of seven (7) voting
 39    members and two (2) nonvoting members as follows:
 40        (a)  Three (3) members shall be superintendents, each elected to  a  three
  1        (3)  year  term  and  each representing two (2) educational classification
  2        regions as established by the state board of education. One  (1)  superin-
  3        tendent shall be elected from among the superintendents in regions one and
  4        two on a rotating term basis between the two (2) regions; one (1) superin-
  5        tendent  shall  be elected from among the superintendents in regions three
  6        and four on a rotating term basis between the two (2) regions; and one (1)
  7        superintendent shall be elected from among the superintendents in  regions
  8        five and six on a rotating term basis between the two (2) regions;
  9        (b)  Two  (2)  members  shall be high school principals, each elected to a
 10        three (3) year term by the governing body of the Idaho association of sec-
 11        ondary school administrators;
 12        (c)  Two (2) members shall be citizens at-large who are  not  professional
 13        educators,  appointed  by the members of the academy board, each to a term
 14        of three (3) years; and
 15        (d)  Two (2) members shall be ex officio, nonvoting members: (i) the state
 16        superintendent of public instruction who shall serve concurrently with the
 17        term of office to which the state superintendent is elected,  and  (ii)  a
 18        member  appointed  by the academy board of directors to serve as secretary
 19        to the academy board.
 20        (3)  For purposes of establishing staggered terms of office,  the  initial
 21    term  of office for the superintendent position representing educational clas-
 22    sification regions one and two shall be one (1) year, and thereafter shall  be
 23    three  (3)  years.  The initial term of office for the superintendent position
 24    representing educational classification regions three and four  shall  be  two
 25    (2)  years,  and thereafter shall be three (3) years. The superintendent posi-
 26    tion representing educational classification regions five  and  six  shall  be
 27    three  (3) years. The initial term of office for one (1) high school principal
 28    position shall be one (1) year and thereafter shall be three  (3)  years,  and
 29    the  initial term of office for the other high school principal position shall
 30    be two (2) years and thereafter shall be three (3) years. The initial term  of
 31    office  for one (1) member at-large shall be one (1) year and thereafter shall
 32    be three (3) years, and the term of office for the other member at-large shall
 33    be three (3) years.
 34        (4)  No voting member shall serve for more than two (2)  consecutive  full
 35    terms.  Members  of  the board who are appointed to fill vacancies which occur
 36    prior to the expiration of a former member's full term shall serve  the  unex-
 37    pired portion of such term.
 38        (5)  The  board  shall  meet  in person at least three (3) times annually;
 39    none of these three (3) meetings shall be  conducted  by  telephone  or  video
 40    conferencing.
 41        33-5504.  DUTIES  OF  THE  ACADEMY  BOARD OF DIRECTORS. The board shall be
 42    responsible for ensuring that academy procedures and courses are in compliance
 43    with the rules of the state board of education and applicable statutes of  the
 44    state of Idaho. In addition, the board shall:
 45        (1)  Recommend  policies  to be established by rule of the state board for
 46    effecting the purposes of this chapter.
 47        (2)  Employ staff as follows:
 48        (a)  A director who shall be  responsible  for  staff  development,  staff
 49        evaluation, program development and oversight, and quality assurance;
 50        (b)  A  professional  development coordinator who shall be responsible for
 51        training faculty in online course design, development  and  delivery,  and
 52        shall assist the director in quality assurance;
 53        (c)  Clerical  staff  as necessary to manage student information, maintain
 54        student records, manage academy correspondence, and oversee  basic  finan-
  1        cial accounting as directed;
  2        (d)  Appropriate technology staff who shall support faculty in understand-
  3        ing  and  applying  the technical aspects of online course development and
  4        delivery;
  5        (e)  Faculty and teaching staff who are fully certificated Idaho teachers,
  6        to design and deliver planned curriculum content. Such staff shall be pro-
  7        vided appropriate and sufficient training as necessary. The number of such
  8        staff shall largely be dictated by the number of  courses  under  develop-
  9        ment,  the  number of courses offered, and the number of students partici-
 10        pating in academy programs.
 11        (3)  Obtain housing with a host school district where actual operations of
 12    the academy are conducted by academy staff. Housing should be minimal and rea-
 13    sonably portable so that it can be transferred from one (1) host  district  to
 14    another without disruption of the program.
 15        (4)  Contract  with  a  service  provider  for delivery of academy courses
 16    online which shall be accessible twenty-four (24) hours a day, seven (7)  days
 17    a week.
 18        (5)  Ensure  that  the academy is accredited by the state of Idaho and the
 19    northwest accreditation association.
 20        (6)  Develop policy for earning credit in courses based on mastery of  the
 21    subject,  demonstrated  competency,  and  meeting  the  standards set for each
 22    course.
 23        (7)  Provide for articulating the content of certain high  school  courses
 24    with  college  and  university  courses in order to award both high school and
 25    undergraduate college credit.
 26        (8)  Develop policies and practices which provide  strict  application  of
 27    time limits for completion of courses.
 28        (9)  Develop policies and practices on accountability, both by the student
 29    and  the  teacher,  and  in accordance with the provisions of section 33-5507,
 30    Idaho Code.
 31        (10) Manage the moneys disbursed to the academy board  from  the  superin-
 32    tendent.
 33        33-5505.  DEFINITIONS. As used in this chapter:
 34        (1)  "Academy  board,"  also  referred  to  in this chapter as "the board"
 35    means the board of directors of the Idaho digital  learning  academy  as  such
 36    board is created in section 33-5503, Idaho Code.
 37        (2)  "Host  district"  means an Idaho school district where the operations
 38    of the Idaho digital learning academy are housed. The host district shall also
 39    act as the fiscal agent for the academy.
 40        (3)  "Idaho digital learning academy" means an online educational  program
 41    organized  as  a  fully accredited high school with statewide capabilities for
 42    delivering accredited courses to Idaho resident students in  grades  nine  (9)
 43    through  twelve  (12) at no cost to the student or school district. Participa-
 44    tion 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.
 48        (4)  "State  board" means the Idaho state board of education. The board is
 49    authorized and directed, with the advice and  recommendation  of  the  academy
 50    board  of  directors,  to promulgate rules to implement the provisions of this
 51    chapter.
 52        (5)  "Superintendent" means  the  Idaho  state  superintendent  of  public
 53    instruction.
  2    Online courses shall reflect state of  the  art  in  multimedia-based  digital
  3    learning. Courses offered shall be of high quality in appearance and presenta-
  4    tion,  and  shall  be designed to meet the needs of all students regardless of
  5    the student's level of learning.
  6        (1)  All courses developed under the auspices of the academy are the prop-
  7    erty of the academy. Courses may be developed by qualified Idaho teachers  who
  8    possess  the  necessary technical background and instructional expertise. Such
  9    persons may also be hired to deliver the course online. Nothing shall  prevent
 10    the  board  from  providing additional training to teachers in the development
 11    and online delivery of courses.
 12        (2)  At the discretion of the board with consideration for necessity, con-
 13    venience and cost effectiveness, brokered courses developed by outside sources
 14    may be obtained for use by the academy; however, such courses shall be  taught
 15    online by Idaho teachers unless special circumstances determined by the direc-
 16    tor require a waiver of this requirement.
 17        (3)  Credit  earned  in courses shall be based on such criteria as mastery
 18    of the subject, demonstrated competency, and meeting  the  standards  set  for
 19    each  course, in contrast to credit earned in a traditional classroom based on
 20    time spent in the classroom.
 21        (4)  All courses shall meet criteria established by the state of Idaho and
 22    the northwest accreditation association as necessary for accreditation of  the
 23    academy.
 24        33-5507.  REGISTRATION  -- ACCOUNTABILITY. (1) A student may register with
 25    the academy upon recommendation from a traditional school counselor or  admin-
 26    istrator,  or  may  register  directly with the academy if there is no current
 27    public school affiliation. However, in order for course work completed through
 28    the academy to be recorded on the  student's  transcript,  the  student  shall
 29    indicate which high school is to receive and record credits earned.
 30        (2)  Students who register for courses shall provide the name of a respon-
 31    sible  adult  who  shall  be  the contact person for the academy in situations
 32    which require consultation regarding the student's conduct and performance.  A
 33    designated  responsible  adult for students with a school affiliation may be a
 34    teacher, a counselor or a distance learning  coordinator.  For  home  schooled
 35    students, a parent or guardian may be designated.
 36        (3)  Policies  of accountability as established by rule of the state board
 37    shall address the special conditions which exist in an environment where there
 38    is reduced face-to-face contact between student and  teacher;  where  students
 39    access  courses at any time of day, from any location and at the student's own
 40    pace; where online etiquette and  ethics  should  be  clearly  understood  and
 41    required  of  all participants; and where all students' participation is moni-
 42    tored by online teachers and academy personnel.
 43        (4)  Policies shall be established by rule of the state board for student-
 44    related issues including taking exams, proctored or unproctored; ensuring that
 45    the work is being done by the student; and ensuring that ethical  conduct  and
 46    proper etiquette are always observed by all participants.
 47        33-5508.  FUNDING.  Funding  for  the  program  shall  be provided from an
 48    annual budget request to the legislature from  the  superintendent  of  public
 49    instruction.  The superintendent shall disburse the funds to the Idaho digital
 50    learning academy board of directors  who  shall  use  the  moneys  to  develop
 51    courses and maintain operations of the academy.
 52        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
  1    declared to exist, this act shall be in full force and effect on and after its
  2    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 11620
This legislation creates the Idaho Digital Learning Academy
(IDLA), providing access to a continuum of learners in a virtual
learning environment. As a school choice within the public
schools, the IDLA will provide learning experiences for any Idaho
students needing remediation and credit recovery, gifted talented
enhancements, and concurrent enrollment in higher education
options. The IDLA will be governed by a board of directors, and
will be hosted by an Idaho school district, with all districts
having the opportunity to enroll students. The courses will meet
Idaho student achievement standards; courses specifically
designed for the IDLA will be designed and taught by Idaho
certificated teachers.

                          FISCAL IMPACT

The students enrolled in the Idaho Digital Learning Academy will
be funded through the public school appropriation as dual-
enrolled students in the local school district. The legislation
calls for an appropriation to develop courses and operations of
the IDLA ($750,000 in the FY03 request), however, if the
legislation is adopted, but not funded, the enactment would
enable the IDLA board of directors to seek private and corporate

Name: Dr. Mike Friend, Idaho Association of School Administrators

Phone: 208-345-1171