2002 Legislation
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HOUSE BILL NO. 535 – Student/dual-enrolled/activity/elig

HOUSE BILL NO. 535

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Daily Data Tracking History



H0535..........................................................by EDUCATION
STUDENTS - DUAL-ENROLLMENT - Amends existing law relating to
dually-enrolled students to clarify what constitutes demonstration of
academic proficiency to establish eligibility for a nonpublic school
student or public charter school student to participate in public school
nonacademic activities.
                                                                        
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
02/12    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, 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, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bedke, Henbest, Montgomery
    Floor Sponsor - Bradford
    Title apvd - to Senate
02/13    Senate intro - 1st rdg - to Educ
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/14    3rd rdg - PASSED - 30-3-2
      AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
      Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Frasure,
      Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge,
      Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne,
      Wheeler
      NAYS -- Marley, Schroeder, Williams
      Absent and excused -- King-Barrutia, Noh
    Floor Sponsor - Hill
    Title apvd - to House
03/15    To enrol - rpt enrol - Sp signed
    Pres signed
03/15    To Governor
03/19    Governor signed
         Session Law Chapter 106
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 535
                                                                        
                                   BY EDUCATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ATTENDANCE AT SCHOOL AND DUAL ENROLLMENT; AMENDING SECTION 33-203,
  3        IDAHO CODE, TO CLARIFY WHAT CONSTITUTES DEMONSTRATION OF  ACADEMIC  PROFI-
  4        CIENCY  TO  ESTABLISH ELIGIBILITY FOR A NONPUBLIC SCHOOL STUDENT OR PUBLIC
  5        CHARTER SCHOOL STUDENT TO PARTICIPATE IN PUBLIC SCHOOL NONACADEMIC ACTIVI-
  6        TIES.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 33-203, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
                                                                        
 10        33-203.  DUAL  ENROLLMENT. (1) The parent or guardian of a child of school
 11    age who is enrolled in a  nonpublic school or a public charter school shall be
 12    allowed to enroll the student in a public school for dual enrollment purposes.
 13    The board of trustees of the school district shall adopt procedures  governing
 14    enrollment  pursuant  to  this  section.  If  enrollment in a specific program
 15    reaches the maximum for the program, priority for enrollment shall be given to
 16    a student who is enrolled full time in the public noncharter school.
 17        (2)  Any student participating in dual enrollment may enter into any  pro-
 18    gram  in  the  public school available to other students subject to compliance
 19    with the same rules and eligibility requirements herein and the same responsi-
 20    bilities and standards of behavior and performance that apply to any student's
 21    participation in the activity, except that the academic  eligibility  require-
 22    ments for participation in nonacademic activities are as provided for herein.
 23        (3)  Any  school  district  shall be allowed to include dual-enrolled non-
 24    public school and public charter school students for  the  purposes  of  state
 25    funding only to the extent of the student's participation in the public school
 26    programs.
 27        (4)  Oversight   of   academic  standards  relating  to  participation  in
 28    nonacademic public school activities shall be the responsibility of  the  pri-
 29    mary  educational provider for that student. In order for any nonpublic school
 30    student or public charter school student to participate in nonacademic  public
 31    school  activities  for which public school students must demonstrate academic
 32    proficiency or eligibility, the nonpublic school or public charter school stu-
 33    dent shall achieve a minimum score on the achievement test  required  annually
 34    by  the  state  board  of education, and that score shall be used to determine
 35    eligibility for the following year. The demonstrate composite grade-level aca-
 36    demic proficiency on any state board of education recognized achievement test,
 37    portfolio, or other mechanism as provided for  in  state  board  of  education
 38    rules.  Additionally, a student shall be eligible if the he achieves a minimum
 39    composite, core or survey test score places the student within the average  or
 40    higher  than  average range as established by the test service utilized on any
 41    nationally-normed test. Demonstrated proficiency shall be  used  to  determine
 42    eligibility  for the current and next following school years. School districts
 43    shall provide to nonpublic students who wish to participate in dual enrollment
                                                                        
                                           2
                                                                        
  1    activities the opportunity to take state tests  or  other  standardized  tests
  2    given to all regularly enrolled public school students.
  3        (5)  A public school student who has been unable to maintain academic eli-
  4    gibility  is ineligible to participate in nonacademic public school activities
  5    as a nonpublic school or public charter school student for the duration of the
  6    school year in which the student becomes academically ineligible and  for  the
  7    following academic year.
  8        (6)  A  nonpublic school or public charter school student participating in
  9    nonacademic public school activities must reside within the attendance  bound-
 10    aries of the school for which the student participates.
 11        (7)  Dual  enrollment  shall  include  the option of joint enrollment in a
 12    regular public school and an alternative  public  school  program.  The  state
 13    board  of  education shall establish rules that provide funding to school dis-
 14    tricts for each student who participates in both a regular public school  pro-
 15    gram and an alternative public school program.
 16        (8)  Dual  enrollment  shall  include  the option of enrollment in a post-
 17    secondary institution. Any credits earned from  an  accredited  post-secondary
 18    institution  shall  be  credited  toward  state board of education high school
 19    graduation requirements.
 20        (9)  A nonpublic student is any student who receives educational  instruc-
 21    tion  outside  a public school classroom and such instruction can include, but
 22    is not limited to, a private school or a home school.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11621
                                
      The purpose of this Legislation is to amend Section 33-203,
Idaho Code governing the eligibility requirements necessary for
nonpublic school students to participate in nonacademic activities
at public schools. The changes are intended to provide additional
mechanisms that a nonpublic school student can use to demonstrate
that they are academically eligible to participate in public school
activities.
      

                         FISCAL IMPACT
None anticipated.



Contact
Name: Representative Fred Tilman
Phone: 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                    H 535