2008 Legislation
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HOUSE BILL NO. 506<br /> – Idaho Digital Learning Academy

HOUSE BILL NO. 506

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H0506..........................................................by EDUCATION
IDAHO DIGITAL LEARNING ACADEMY - Amends existing law to provide that the
Idaho Digital Learning Academy shall be a governmental entity; to revise
powers and duties of the Board of Directors of the Academy; to provide for
liability; to provide for insurance; to create the "Digital Learning
Academy Fund"; to revise provisions regarding courses, credits earned and
accreditation; and to provide that the Idaho Digital Learning Academy is an
employer for Public Employee Retirement System purposes.

02/11    House intro - 1st rdg - to printing
02/12    Rpt prt - to Educ

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                              IN THE HOUSE OF REPRESENTATIVES

                                     HOUSE BILL NO. 506

                                   BY EDUCATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO THE IDAHO DIGITAL  LEARNING  ACADEMY;  AMENDING  SECTION  33-5502,
  3        IDAHO  CODE,  TO  REVISE  LEGISLATIVE  FINDINGS AND GOAL; AMENDING SECTION
  4        33-5504, IDAHO CODE, TO REVISE DUTIES OF THE ACADEMY BOARD  OF  DIRECTORS;
  5        AMENDING  CHAPTER  55, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
  6        TION 33-5504A, IDAHO CODE, TO PROVIDE THAT THE IDAHO DIGITAL ACADEMY SHALL
  7        BE A GOVERNMENTAL ENTITY, TO PROVIDE FOR LIABILITY, TO PROVIDE FOR  INSUR-
  8        ANCE,  TO PROVIDE FOR UNLAWFUL ACTS AND TO PROVIDE FOR RELATIVES OF DIREC-
  9        TORS BEING CONSIDERED FOR EMPLOYMENT; AMENDING CHAPTER 55, TITLE 33, IDAHO
 10        CODE, BY THE ADDITION OF A NEW SECTION 33-5504B, IDAHO CODE, TO CREATE THE
 11        IDAHO DIGITAL LEARNING ACADEMY FUND AND TO PROVIDE FOR EXPENDITURES AND  A
 12        BUDGET;  AMENDING  SECTION  33-5505,  IDAHO  CODE,  TO REVISE DEFINITIONS;
 13        AMENDING SECTION 33-5506,  IDAHO  CODE,  TO  REVISE  PROVISIONS  REGARDING
 14        COURSES,  CREDIT  EARNED  IN  COURSES  AND ACCREDITATION; AMENDING SECTION
 15        33-5507, IDAHO CODE, TO DELETE REFERENCE  TO  SECONDARY  SCHOOL;  AMENDING
 16        SECTION  59-1374,  IDAHO  CODE, TO PROVIDE THAT THE IDAHO DIGITAL LEARNING
 17        ACADEMY IS AN EMPLOYER FOR PUBLIC EMPLOYEE  RETIREMENT  SYSTEM  PURCHASES;
 18        AND AMENDING SECTION 63-3622O, IDAHO CODE, TO PROVIDE THAT THE IDAHO DIGI-
 19        TAL LEARNING ACADEMY IS AN EDUCATIONAL INSTITUTION.

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

 21        SECTION  1.  That  Section 33-5502, Idaho Code, be, and the same is hereby
 22    amended to read as follows:

 23        33-5502.  CREATION -- LEGISLATIVE FINDINGS -- GOAL. (1)  There  is  hereby
 24    created  within  the  state department of education the Idaho digital learning
 25    academy, a public school-choice learning  environment  which  joins  the  best
 26    technology  with  the best instructional practices. The Idaho digital learning
 27    academy  as provided for in this chapter, is not a single department of  state
 28    government  unto  itself,  nor is it  a part of any of the twenty (20) depart-
 29    ments of state government authorized by section 20, article  IV,  constitution
 30    of  the  state  of Idaho, or of the departments prescribed in section 67-2402,
 31    Idaho Code. It is legislative intent that the Idaho digital  learning  academy
 32    operate  and  be recognized not as a state agency or department, but as a gov-
 33    ernmental entity whose creation  has been authorized by the state, much in the
 34    manner as other single purpose districts.
 35        (2)  The legislature finds that it is in the best public interest to  cre-
 36    ate the Idaho digital learning academy based on findings that indicate:
 37        (a)  Technology continues to impact all facets of life, including the edu-
 38        cation of students of school age and adult learners;
 39        (b)  Systems for delivery of education are as diverse as the learners;
 40        (c)  Public  school  systems  are seeking high quality educational choices
 41        within the public system, and are aligning curriculum and assessment  with
 42        state achievement standards; and
 43        (d)  The  development  of  a comprehensive digital learning environment is

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  1        cost prohibitive for individual school districts.
  2        (3)  The goal of the digital learning academy is to provide choice, acces-
  3    sibility, flexibility, quality and equity in curricular offerings for  second-
  4    ary students in this state.

  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 compliance
  9    with  the rules of the state board of education and applicable statutes of the
 10    state of Idaho. In addition, the board shall:
 11        (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 follows: necessary and purchase such
 14    supplies  and  equipment  as are necessary to implement the provisions of this
 15    chapter, which purchases shall be exempt from the purchasing laws  in  chapter
 16    57, title 67, Idaho Code.
 17        (a)  A  director  who  shall  be  responsible for staff development, staff
 18        evaluation, program development and oversight, and quality assurance;
 19        (b)  A curriculum and instruction coordinator who shall be responsible for
 20        training faculty in online course design, development  and  delivery,  and
 21        shall assist the director in quality assurance;
 22        (c)  Clerical  staff  as necessary to manage student information, maintain
 23        student records, manage academy correspondence, and oversee  basic  finan-
 24        cial accounting as directed;
 25        (d)  Appropriate technology staff who shall support faculty in understand-
 26        ing  and  applying  the technical aspects of online course development and
 27        delivery;
 28        (e3)  To enter into contracts with any other governmental or public agency
 29    whereby the board agrees to render services to or for such agency in  exchange
 30    for  a  charge reasonably calculated to cover the costs of rendering such ser-
 31    vice.
 32        (4)  To accept, receive and utilize any gifts, grants or  funds  and  per-
 33    sonal  and  real property that may be donated to it for the fulfillment of the
 34    purposes outlined in this chapter.
 35        (5)  Employ or contract with necessary fFaculty and teaching staff who are
 36    fully certificated Idaho teachers or administrators,  to  design  and  deliver
 37    planned  curriculum content. Such staff shall be provided appropriate and suf-
 38    ficient training as necessary The academy shall be exempt from the  provisions
 39    of sections 33-513, 33-514, 33-514A, 33-515 and 33-515A, Idaho Code, and shall
 40    be  exempt from chapter 53, title 67, Idaho Code. All teaching and educational
 41    staff  of  the  academy shall be exempt, at will employees. The number of such
 42    staff shall largely be dictated by the number of  courses  under  development,
 43    the  number  of  courses  offered, and the number of students participating in
 44    academy programs.
 45        (36)  Obtain housing where actual operations of the academy are  conducted
 46    by academy staff.
 47        (47)  Contract  with  a  service  provider for delivery of academy courses
 48    online which shall be accessible twenty-four (24) hours a day, seven (7)  days
 49    a week.
 50        (58)  Ensure  that the academy is accredited by the state of Idaho and the
 51    northwest accreditation association as established by rule of the state  board
 52    of education.
 53        (69)  Develop policy for earning credit in courses based on mastery of the

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  1    subject,  demonstrated  competency,  and  meeting  the  standards set for each
  2    course.
  3        (710)  Provide for articulating the content of certain high school courses
  4    with college and university courses in order to award  both  high  school  and
  5    undergraduate college credit.
  6        (811)  Develop  policies and practices which provide strict application of
  7    time limits for completion of courses.
  8        (912)  Develop policies and practices on accountability, both by the  stu-
  9    dent  and  the  teacher,  and  in  accordance  with  the provisions of section
 10    33-5507, Idaho Code.
 11        (103) Manage the moneys disbursed to the academy board from  the  superin-
 12    tendent.
 13        (114) Set fees charged to school districts for student participation; fees
 14    charged for summer school; and fees charged to students and adults for profes-
 15    sional development offerings.
 16        (15) Contract with a certified public accounting firm to conduct an annual
 17    audit of the Idaho digital learning academy.

 18        SECTION  3.  That  Chapter  55,  Title 33, Idaho Code, be, and the same is
 19    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 20    ignated as Section 33-5504A, Idaho Code, and to read as follows:

 21        33-5504A.  GOVERNMENTAL  ENTITY  --  LIABILITY -- INSURANCE. (1) The Idaho
 22    digital learning academy shall be a governmental entity as provided in section
 23    33-5502, Idaho Code. For the purposes of section 59-1302(15), Idaho Code,  the
 24    Idaho  digital  learning  academy  created  pursuant  to this chapter shall be
 25    deemed a governmental entity. Pursuant to the provisions of section  63-3622O,
 26    Idaho  Code,  sales to or purchases by the Idaho digital learning academy  are
 27    exempt from payment of the sales and use tax. The Idaho digital learning acad-
 28    emy and its board of directors are subject to the following provisions in  the
 29    same  manner  as  a  traditional  public school and the board of trustees of a
 30    school district:
 31        (a)  Sections 18-1351 through 18-1362, Idaho Code, on bribery and  corrupt
 32        influence, except as provided by section 33-5204A(2), Idaho Code;
 33        (b)  Chapter  2,  title  59, Idaho Code, on prohibitions against contracts
 34        with officers;
 35        (c)  Chapter 7, title 59, Idaho Code, on ethics in government;
 36        (d)  Chapter 23, title 67, Idaho Code, on open public meetings; and
 37        (e)  Chapter 3, title 9, Idaho Code, on disclosure of public records.
 38        (2)  The Idaho digital learning academy  may sue  or  be  sued,  purchase,
 39    receive,  hold  and convey real and personal property for school purposes, and
 40    its employees, directors and officers  shall  enjoy  the  same  immunities  as
 41    employees,  directors  and officers of traditional public school districts and
 42    other public schools, including those provided by chapter 9,  title  6,  Idaho
 43    Code.
 44        (3)  The  Idaho  digital learning academy  shall secure insurance for lia-
 45    bility and property loss.
 46        (4)  It shall be unlawful for:
 47        (a)  Any director to have pecuniary interest directly or indirectly in any
 48        contract or other transaction pertaining to the maintenance or conduct  of
 49        the  Idaho  digital learning academy, or to accept any reward or compensa-
 50        tion for services rendered as a director except as may be  otherwise  pro-
 51        vided  in this subsection (4). The board of directors of the Idaho digital
 52        learning academy may accept and award contracts involving the Idaho  digi-
 53        tal  learning  academy  to  businesses  in  which the director or a person

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  1        related to him by blood or marriage within the second  degree  of  consan-
  2        guinity  has  a  direct or indirect interest, provided that the procedures
  3        set forth in section 18-1361 or 18-1361A, Idaho Code,  are  followed.  The
  4        receiving,  soliciting or acceptance of moneys of the Idaho digital learn-
  5        ing academy for deposit in any bank or trust company, or  the  lending  of
  6        moneys by any bank or trust company to the Idaho digital learning academy,
  7        shall not be deemed to be a contract pertaining to the maintenance or con-
  8        duct of the Idaho digital learning academy within the meaning of this sec-
  9        tion;  nor  shall the payment by the Idaho digital learning academy  board
 10        of directors of compensation to any bank or  trust  company  for  services
 11        rendered in the transaction of any banking business with the Idaho digital
 12        learning academy board of directors be deemed the payment of any reward or
 13        compensation  to any officer or director of any such bank or trust company
 14        within the meaning of this section.
 15        (b)  The board of directors of the Idaho digital learning academy to enter
 16        into or execute any contract with the spouse of any member of such  board,
 17        the  terms of which said contract require, or will require, the payment or
 18        delivery of any Idaho digital learning academy funds, moneys  or  property
 19        to  such  spouse, except as provided in section 18-1361 or 18-1361A, Idaho
 20        Code.
 21        (5)  When any relative of any director, or relative of  the  spouse  of  a
 22    director  related by affinity or consanguinity within the second degree, is to
 23    be considered for employment in  the  Idaho  digital  learning  academy,  such
 24    director shall abstain from voting in the election of such relative, and shall
 25    be  absent  from  the  meeting  while  such employment is being considered and
 26    determined.

 27        SECTION 4.  That Chapter 55, Title 33, Idaho Code, be,  and  the  same  is
 28    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 29    ignated as Section 33-5504B, Idaho Code, and to read as follows:

 30        33-5504B.  EXPENDITURES -- BUDGET. (1) There  is  hereby  created  in  the
 31    state treasury the Idaho digital learning academy fund. The fund shall consist
 32    of  appropriations,  fees,  grants, gifts or moneys from any other source. The
 33    state treasurer shall invest all idle moneys in the fund and  interest  earned
 34    on such investments shall be retained by the fund.
 35        (2)  On or before the first Monday in July, there will be held at the time
 36    and  place  determined  by  the Idaho digital learning academy board, a budget
 37    meeting and public hearing upon the  proposed  budget  of  the  Idaho  digital
 38    learning  academy.  Notice  of  the budget meeting and public hearing shall be
 39    posted at least ten (10) full days prior to the date  of  the  meeting  in  at
 40    least one (1) conspicuous place to be determined by the Idaho digital learning
 41    academy  board  of  directors. The place, hour and day of the hearing shall be
 42    specified in the notice, as well as the place where such budget may  be  exam-
 43    ined  prior to the hearing. On or before the first Monday in July a budget for
 44    the Idaho digital learning academy shall be agreed upon and  approved  by  the
 45    majority of the Idaho digital learning academy board of directors.

 46        SECTION  5.  That  Section 33-5505, Idaho Code, be, and the same is hereby
 47    amended to read as follows:

 48        33-5505.  DEFINITIONS. As used in this chapter:
 49        (1)  "Academy board," also referred to in  this  chapter  as  "the  board"
 50    means  the  board  of  directors of the Idaho digital learning academy as such
 51    board is created in section 33-5503, Idaho Code.

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  1        (2)   "Host district" means an Idaho  school  district  where  the  fiscal
  2    operations  of  the Idaho digital learning academy are housed until January 1,
  3    2009.
  4        (3)  "Idaho digital learning academy" means an online educational  program
  5    organized  as  a fully accredited secondary school with statewide capabilities
  6    for delivering accredited courses to Idaho resident students in  grades  seven
  7    (7)  through  twelve (12) at no cost to the student unless the student enrolls
  8    in additional courses beyond full-time enrollment. Participation in the  acad-
  9    emy  by  public  school students shall be in compliance with academy and local
 10    school district policies. Adult learners and out-of-state students  shall  pay
 11    tuition commensurate with rates established by the state board with the advice
 12    of  the  superintendent,  and  such  funds shall be included in the budget and
 13    audit of the academy's fiscal records.
 14        (4)  "State board" means the Idaho state board of education. The board  is
 15    authorized  and  directed,  with  the advice and recommendation of the academy
 16    board of directors, to promulgate rules to implement the  provisions  of  this
 17    chapter.
 18        (5)  "Superintendent"  means  the  Idaho  state  superintendent  of public
 19    instruction.

 20        SECTION 6.  That Section 33-5506, Idaho Code, be, and the same  is  hereby
 21    amended to read as follows:

 22        33-5506.  COURSES  --  DEVELOPMENT -- BROKERED -- CREDIT -- ACCREDITATION.
 23    Online courses shall reflect state of  the  art  in  multimedia-based  digital
 24    learning. Courses offered shall be of high quality in appearance and presenta-
 25    tion,  and  shall  be designed to meet the needs of all students regardless of
 26    the student's level of learning.
 27        (1)  All courses developed under the auspices of the academy are the prop-
 28    erty of the academy. Courses may be developed by qualified Idaho teachers  who
 29    possess  the  necessary technical background and instructional expertise. Such
 30    persons may also be hired to deliver the course online. Nothing shall  prevent
 31    the  board  from  providing additional training to teachers in the development
 32    and online delivery of courses.
 33        (2)  At the discretion of the board with consideration for necessity, con-
 34    venience and cost effectiveness, brokered courses developed by outside sources
 35    may be obtained for use by the academy; however, such courses shall be  taught
 36    online by Idaho teachers unless special circumstances determined by the direc-
 37    tor require a waiver of this requirement.
 38        (3)  Credit  earned  Grade  percentages  in courses shall be based on such
 39    criteria as mastery of the subject, demonstrated competency, and  meeting  the
 40    standards  set  for each course, in contrast to credit earned in a traditional
 41    classroom based on time spent in the classroom.
 42        (4)  All courses shall meet criteria established by the state of Idaho and
 43    the northwest accreditation association as necessary for accreditation of  the
 44    academy.

 45        SECTION  7.  That  Section 33-5507, Idaho Code, be, and the same is hereby
 46    amended to read as follows:

 47        33-5507.  REGISTRATION -- ACCOUNTABILITY. (1) A student may register  with
 48    the  academy upon recommendation from a traditional school counselor or admin-
 49    istrator, or may register directly with the academy if  there  is  no  current
 50    public  school affiliation. However, in order for coursework completed through
 51    the academy to be recorded on the  student's  transcript,  the  student  shall

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  1    indicate which secondary school is to receive and record credits earned.
  2        (2)  Students who register for courses shall provide the name of a respon-
  3    sible  adult  who  shall  be  the contact person for the academy in situations
  4    which require consultation regarding the student's conduct and performance.  A
  5    designated  responsible  adult for students with a school affiliation may be a
  6    teacher, a counselor or a distance learning  coordinator.  For  home  schooled
  7    students, a parent or guardian may be designated.
  8        (3)  Policies  of accountability as established by rule of the state board
  9    shall address the special conditions which exist in an environment where there
 10    is reduced face-to-face contact between student and  teacher;  where  students
 11    access  courses at any time of day, from any location and at the student's own
 12    pace; where online etiquette and  ethics  should  be  clearly  understood  and
 13    required  of  all participants; and where all students' participation is moni-
 14    tored by online teachers and academy personnel.
 15        (4)  Policies shall be established by rule of the state board for student-
 16    related issues including taking exams, proctored or unproctored; ensuring that
 17    the work is being done by the student; and ensuring that ethical  conduct  and
 18    proper etiquette are always observed by all participants.

 19        SECTION  8.  That  Section 59-1374, Idaho Code, be, and the same is hereby
 20    amended to read as follows:

 21        59-1374.  EMPLOYERS -- MEMBERS -- EXCEPTIONS. All school districts, public
 22    community college districts and Boise State University shall become  employers
 23    pursuant  to  the  provisions  of chapter 13, title 59, Idaho Code, on July 1,
 24    1967, except as herein otherwise provided. School employees shall become  mem-
 25    bers  pursuant  to the provisions of chapter 13, title 59, Idaho Code, on July
 26    1, 1967, except as herein otherwise provided. Provided, however, that  teacher
 27    members employed by the agricultural extension service of the college of agri-
 28    culture  of  the  University  of  Idaho shall be deemed to be employees of the
 29    state of Idaho notwithstanding the provisions  of  section  59-1302(14)(B)(e),
 30    Idaho Code, and may elect to participate or be excluded as members of the sys-
 31    tem  in accordance with rules of the board. All public charter schools created
 32    pursuant to chapter 52, title 33, Idaho Code, shall be employers  pursuant  to
 33    the provisions of chapter 13, title 59, Idaho Code. The Idaho digital learning
 34    academy  created  pursuant  to  chapter  55, title 33, Idaho Code, shall be an
 35    employer pursuant to the provisions of this chapter 13, title 59, Idaho Code.

 36        SECTION 9.  That Section 63-3622O, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:

 38        63-3622O.  EXEMPT PRIVATE AND PUBLIC ORGANIZATIONS. (1) There are exempted
 39    from the taxes imposed by this chapter:
 40        (a)  Sales  to  or purchases by hospitals, health-related entities, educa-
 41        tional institutions, forest protective associations  and  canal  companies
 42        which are nonprofit organizations; and
 43        (b)  Donations  to,  sales  to,  and purchases by the Idaho Foodbank Ware-
 44        house, Inc.; and
 45        (c)  Donations to, sales to, and purchases by food banks or soup  kitchens
 46        of  food  or  other  tangible personal property used by food banks or soup
 47        kitchens in the growing, storage, preparation or service of food, but  not
 48        including motor vehicles or trailers; and
 49        (d)  Sales  of  clothes  to,  donations  of  clothes  to, and purchases of
 50        clothes by nonsale clothiers; and
 51        (e)  Sales to or purchases by centers for independent living; and

                                       7

  1        (f)  Sales to or purchases by the state of Idaho and its agencies and  its
  2        political subdivisions; and
  3        (g)  Sales to or purchases by volunteer fire departments or licensed emer-
  4        gency medical service agencies; and
  5        (h)  Sales to or purchases by a qualifying senior citizen center; and
  6        (i)  Sales to or purchases by the Blind Services Foundation, Inc.; and
  7        (j)  Donations to, sales to or purchases by the Advocates for Survivors of
  8        Domestic Violence and Sexual Assault, Inc., a nonprofit corporation.
  9        (k)  Sales to or purchases by nonprofit organizations offering free dental
 10        clinic services to children.
 11        (l)  Admissions  to and purchases by museums, as defined in subsection (2)
 12        of this section.
 13        (2)  As used in this section, these words shall have the  following  mean-
 14    ings:
 15        (a)  "Educational  institution"  shall  mean nonprofit colleges, universi-
 16        ties, public charter schools organized pursuant to chapter 52,  title  33,
 17        Idaho  Code,  the  Idaho  digital learning academy established pursuant to
 18        chapter 55, title  33,  Idaho  Code,  and  other   primary  and  secondary
 19        schools,  the  income of which is devoted solely to education and in which
 20        systematic instruction in the usual branches of learning  is  given.  This
 21        definition  does not include schools primarily teaching business, dancing,
 22        dramatics, music, cosmetology, writing,  gymnastics,  exercise  and  other
 23        special  accomplishments  nor  parent-teacher associations, parent groups,
 24        alumni or other auxiliary organizations with purposes related to the  edu-
 25        cational function of an institution or collective group of institutions.
 26        (b)  "Hospital" shall include nonprofit institutions licensed by the state
 27        for the care of ill persons. It shall not extend to nursing homes or simi-
 28        lar institutions.
 29        (c)  "Health-related  entities" shall mean the Idaho Cystic Fibrosis Foun-
 30        dation, Idaho Epilepsy League, Idaho Lung  Association,  March  of  Dimes,
 31        American   Cancer   Society,  Mental  Health  Association,  The  Arc,  The
 32        Children's Home Society of Idaho, American Heart Association, Idaho Ronald
 33        McDonald House, United Cerebral Palsy, Arthritis Foundation, Muscular Dys-
 34        trophy Foundation, National Multiple  Sclerosis  Society,  Rocky  Mountain
 35        Kidney  Association,  American  Diabetes  Association, Easter Seals, Idaho
 36        Community Action Agencies, Idaho Primary Care  Association  and  community
 37        health  centers who are members of the Idaho Primary Care Association, the
 38        Idaho Diabetes Youth Programs, Special Olympics Idaho, the  Idaho  Women's
 39        and  Children's  Alliance,  and  the Family Services Alliance of Southeast
 40        Idaho, together with said entities' local or regional  chapters  or  divi-
 41        sions.
 42        (d)  "Canal  companies"  shall  include  nonprofit  corporations which are
 43        incorporated solely for the purpose of operating and maintaining  and  are
 44        engaged  solely  in operation and maintenance of dams, reservoirs, canals,
 45        lateral and drainage ditches, pumps or pumping plants.
 46        (e)  "Forest protective associations" shall mean associations  whose  pur-
 47        pose  is  the furnishing, operating and maintaining of a protective system
 48        for the detection, prevention and suppression of forest  or  range  fires.
 49        Forest  protective associations shall include only those associations with
 50        which the state of Idaho has contracted or become a member of pursuant  to
 51        chapter 1, title 38, Idaho Code.
 52        (f)  "Food banks or soup kitchens" shall mean any nonprofit corporation or
 53        association,  other  than the Idaho Foodbank Warehouse, Inc., one of whose
 54        regular activities is the furnishing or providing of food or food products
 55        to others without charge.

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  1        (g)  "Nonsale clothier" shall mean any nonprofit corporation  or  associa-
  2        tion  one  of  whose  primary  purposes  is the furnishing or providing of
  3        clothes to others without charge.
  4        (h)  "Clothes" shall mean garments in general, designed or intended to be
  5        worn by humans and shall include footwear in addition to wearing apparel.
  6        (i)  "Center for independent living" shall mean a private, nonprofit, non-
  7        residential organization in which at least fifty-one percent (51%) of  the
  8        principal  governing board, management and staff are individuals with dis-
  9        abilities and that:
 10             (i)   Is designed and operated within a local community by  individu-
 11             als with disabilities;
 12             (ii)  Provides  an array of independent living services and programs;
 13             and
 14             (iii) Is cross-disability.
 15        (j)  "Political subdivision" means:
 16             (i)    A governmental organization which:
 17                  1.  Embraces a certain territory,
 18                  2.  Is organized for public advantage and not in the interest of
 19                  private individuals or classes,
 20                  3.  Has been delegated functions of government, and
 21                  4.  Has the statutory power to levy taxes; or
 22             (ii)   A public health district  created  by  section  39-408,  Idaho
 23             Code; or
 24             (iii)  A  soil  conservation  district as defined in section 22-2717,
 25             Idaho Code; or
 26             (iv)   A drainage district created pursuant to chapter 29, title  42,
 27             Idaho Code; or
 28             (v)    An  irrigation  district  created  pursuant to title 43, Idaho
 29             Code; or
 30             (vi)   A state grazing board created by section 57-1204, Idaho  Code;
 31             or
 32             (vii)  A  water  measurement  district  created  pursuant  to section
 33             42-705 or 42-706, Idaho Code; or
 34             (viii) A ground water management district created pursuant to chapter
 35             51, title 42, Idaho Code.
 36        (k)  "Agency of the state of Idaho" shall mean an office  or  organization
 37        created  by  the constitution or statutes of this state and constituting a
 38        component part of the executive, judicial or  legislative  branch  of  the
 39        government of this state.
 40        (l)  "Volunteer  fire  department"  means  an  entity  exempt from federal
 41        income taxation pursuant to section 501(c)(3) of the Internal Revenue Code
 42        and which primarily provides fire protection, or fire prevention on a not-
 43        for-profit basis to surrounding residents.
 44        (m)  "Licensed emergency medical service agency (EMS)" means an  emergency
 45        medical service licensed by the EMS bureau of the department of health and
 46        welfare and  which is exempt from federal income taxation pursuant to sec-
 47        tion  501(c)(3)  of the Internal Revenue Code and which provides emergency
 48        medical services on a not-for-profit basis to surrounding residents.
 49        (n)  "Qualifying senior citizen center" means an entity exempt from income
 50        tax pursuant to section 501(c)(3) of the Internal Revenue Code  and  which
 51        is  a  community  facility  for  the organization and provision of a broad
 52        spectrum of services, which shall include provision of  health  (including
 53        mental health), social, nutritional, and educational services and the pro-
 54        vision of facilities for recreational activities for older individuals.
 55        (o)  "Museum"  means  a public institution or an entity exempt from income

                                       9

  1        tax pursuant to section 501(c)(3) of  the  Internal  Revenue  Code,  which
  2        stores,  preserves  and exhibits objects of art, history, science or other
  3        objects of historical, educational or cultural value on a permanent  basis
  4        in  a  building,  portion of a building or outdoor location and which pro-
  5        vides museum services to the public on a regular basis.
  6        (3)  The exemption granted by subsection (1)(f) of this section  does  not
  7    include    any  association  or other organization whose members are political
  8    subdivisions or state agencies unless the organization  is  expressly  created
  9    under  the  joint  powers provision of sections 67-2328 through 67-2333, Idaho
 10    Code.
 11        (4)  The exemptions granted by subsection  (1)  of  this  section  do  not
 12    include  the use of tangible personal property by a contractor used to improve
 13    real property of an exempt entity when such use is within the definition  pro-
 14    vided  by  section  63-3615(b),  Idaho  Code, whether the use tax liability is
 15    included in a contract total or stated separately in a contract.
 16        (5)  There is exempted from the taxes imposed in this chapter, the renting
 17    of a place to sleep to an individual by the Idaho Ronald McDonald House.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17803

The purpose of this legislation is to provide the Idaho Digital
Learning Academy with financial independence from a host school
district.  All changes allow IDLA to continue operating in the same
fashion as the preceding five years.

An additional change allows IDLA to extend service to students in
lower grades due to growth and to accommodate our stakeholder
needs.  Currently gifted and talented math students in sixth grade
take IDLA pre-algebra.  This change will allow our law to reflect
an existing service that IDLA provides to gifted and talented
students in the state. 

                                 
                          FISCAL NOTE

This proposed legislation has no fiscal impact.  The changes allow
financial independence and extend current and future course
offerings to lower grades.




                                                       

Name: Representative Mack Shirley       Senator Stan Bastian
Phone: (208) 332-1000                   Senator Dick Sagness 
Representative Pete Nielsen             Donna Vakili, IDLA
Representative Rich Wills               (208) 342-0207      
Representative Donna Boe                
               
          
STATEMENT OF PURPOSE/FISCAL NOTE                  H 506   

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