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S1141..........................................................by EDUCATION
SCHOOLS - DUAL ENROLLMENT - Amends existing law to clarify priority for
enrollment in public school academic programs under specified conditions;
to clarify funding for charter school students participating in public
school academic programs; to clarify eligibility for participation in
public school nonacademic activities; and to provide conditions for
charging fees for participation by public charter school students in
traditional public school extracurricular activities.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Educ
03/01 Rpt out - to 14th Ord
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1141
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO ATTENDANCE AT SCHOOL AND DUAL ENROLLMENT; AMENDING SECTION 33-203,
3 IDAHO CODE, TO CLARIFY PRIORITY FOR ENROLLMENT IN PUBLIC SCHOOL ACADEMIC
4 PROGRAMS UNDER SPECIFIED CONDITIONS, TO CLARIFY FUNDING FOR CHARTER SCHOOL
5 STUDENTS PARTICIPATING IN PUBLIC SCHOOL ACADEMIC PROGRAMS, TO CLARIFY ELI-
6 GIBILITY FOR PARTICIPATION IN PUBLIC SCHOOL NONACADEMIC ACTIVITIES, TO
7 PROVIDE CONDITIONS FOR CHARGING FEES FOR PARTICIPATION BY PUBLIC CHARTER
8 SCHOOL STUDENTS IN TRADITIONAL PUBLIC SCHOOL EXTRACURRICULAR ACTIVITIES
9 AND TO MAKE TECHNICAL CORRECTIONS.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 33-203, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-203. DUAL ENROLLMENT. (1) The parent or guardian of a child of school
14 age who is enrolled in a nonpublic school or a public charter school shall be
15 allowed to enroll the student in a public school for dual enrollment purposes.
16 The board of trustees of the school district shall adopt procedures governing
17 enrollment pursuant to this section. If enrollment in a specific academic pro-
18 gram reaches the maximum for the program, priority for enrollment shall be
19 given to a student who is enrolled full time in the public noncharter school.
20 (2) Any student participating in dual enrollment may enter into any pro-
21 gram in the public school available to other students subject to compliance
22 with the eligibility requirements herein and the same responsibilities and
23 standards of behavior and performance that apply to any student's participa-
24 tion in the activity, except that the academic eligibility requirements for
25 participation in nonacademic activities are as provided for herein.
26 (3) Any school district shall be allowed to include dual-enrolled non-
27 public school and public charter school students for the purposes of state
28 funding only to the extent of the student's participation in the public school
29 academic programs.
30 (4) Oversight of academic standards relating to participation in
31 nonacademic public school activities shall be the responsibility of the pri-
32 mary educational provider for that student. In order for any nonpublic school
33 student or public charter school student to participate in nonacademic public
34 school activities for which public school students must demonstrate academic
35 proficiency or eligibility, the nonpublic school or public charter school stu-
36 dent shall demonstrate composite grade-level academic proficiency on any state
37 board of education recognized achievement test, portfolio, or other mechanism
38 as provided for in state board of education rules. Additionally, a student
39 shall be eligible if he achieves a minimum composite, core or survey test
40 score within the average or higher than average range as established by the
41 test service utilized on any nationally-normed test. Demonstrated proficiency
42 shall be used to determine eligibility for the current and next following
43 school years. School districts shall provide to nonpublic students who wish to
2
1 participate in dual enrollment activities the opportunity to take state tests
2 or other standardized tests given to all regularly enrolled public school stu-
3 dents.
4 (5) A public school student who has been unable to maintain academic eli-
5 gibility is ineligible to participate in nonacademic public school activities
6 as a nonpublic school or public charter school student for the duration of the
7 school year in which the student becomes academically ineligible and for the
8 following academic year.
9 (6) A nonpublic school or public charter school student participating in
10 nonacademic public school activities must reside within the attendance bound-
11 aries of the school for which the student participates. A student's status as
12 a nonpublic or public charter school student shall not be used as a factor in
13 determining eligibility to participate in any nonacademic activity. For activ-
14 ities in which participation is based on skill, all students eligible to par-
15 ticipate shall be provided an equal opportunity to demonstrate such skill.
16 (7) Dual enrollment shall include the option of joint enrollment in a
17 regular public school and an alternative public school program. The state
18 board of education shall establish rules that provide funding to school dis-
19 tricts for each student who participates in both a regular public school pro-
20 gram and an alternative public school program.
21 (8) Dual enrollment shall include the option of enrollment in a post-
22 secondary postsecondary institution. Any credits earned from an accredited
23 post-secondary postsecondary institution shall be credited toward state board
24 of education high school graduation requirements.
25 (9) A nonpublic student is any student who receives educational instruc-
26 tion outside a public school classroom and such instruction can include, but
27 is not limited to, a private school or a home school.
28 (10) If fees are charged to the student or parent as a condition for par-
29 ticipation in nonacademic activities, such fees shall be charged uniformly,
30 regardless of the student's status as a public, nonpublic or public charter
31 school student. In addition, school districts may assess an activity fee for
32 each public charter school student participating in nonacademic activities in
33 the school district. Such fee:
34 (a) Shall not exceed one hundred fifty dollars ($150); and
35 (b) Shall be paid by the public charter school; and
36 (c) Shall not be assessed more than once per student per school year; and
37 (d) Shall allow the student for which the fee is paid access to multiple
38 extracurricular activities.
STATEMENT OF PURPOSE
RS 16951
This bill would clarify the participation and funding procedures
for non-traditional public school students to participate in
extracurricular activities provided by traditional public
schools.
FISCAL NOTE
Passage of this bill would result in no fiscal impact on the
general fund.
Contact
Name: Sen. Russ Fulcher
Phone: 332-1388
STATEMENT OF PURPOSE/FISCAL NOTE S 1141