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H0552..........................................................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.
02/22 House intro - 1st rdg - to printing
02/25 Rpt prt - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon,
Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(02),
Shepherd(08), Shirley, Shively, Smith(24), Smith(30), Snodgrass,
Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- LeFavour
Floor Sponsor - Shirley
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Educ
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- McKenzie
Floor Sponsors - Bastian & Acting Senator Sagness
Title apvd - to House
03/11 To enrol - Rpt enrol - Sp signed
03/12 Pres signed - To Governor
03/14 Governor signed
Session Law Chapter 119
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 552 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 33-5503, IDAHO CODE, TO PROVIDE THAT THE STATE SUPERINTENDENT OF PUBLIC 5 INSTRUCTION IS A VOTING MEMBER OF THE BOARD OF DIRECTORS OF THE IDAHO DIG- 6 ITAL LEARNING ACADEMY; AMENDING SECTION 33-5504, IDAHO CODE, TO REVISE 7 DUTIES OF THE ACADEMY BOARD OF DIRECTORS; AMENDING CHAPTER 55, TITLE 33, 8 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5504A, IDAHO CODE, TO PRO- 9 VIDE THAT THE IDAHO DIGITAL LEARNING ACADEMY SHALL BE A GOVERNMENTAL 10 ENTITY, TO PROVIDE FOR LIABILITY, TO PROVIDE FOR INSURANCE, TO PROVIDE FOR 11 UNLAWFUL ACTS AND TO PROVIDE FOR RELATIVES OF DIRECTORS BEING CONSIDERED 12 FOR EMPLOYMENT; AMENDING CHAPTER 55, TITLE 33, IDAHO CODE, BY THE ADDITION 13 OF A NEW SECTION 33-5504B, IDAHO CODE, TO CREATE THE IDAHO DIGITAL LEARN- 14 ING ACADEMY FUND AND TO PROVIDE FOR EXPENDITURES AND A BUDGET; AMENDING 15 SECTION 33-5505, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 16 33-5506, IDAHO CODE, TO REVISE PROVISIONS REGARDING COURSES, CREDIT EARNED 17 IN COURSES AND ACCREDITATION; AMENDING SECTION 33-5507, IDAHO CODE, TO 18 DELETE REFERENCE TO SECONDARY SCHOOL; AND AMENDING SECTION 59-1374, IDAHO 19 CODE, TO PROVIDE THAT THE IDAHO DIGITAL LEARNING ACADEMY IS AN EMPLOYER 20 FOR PUBLIC EMPLOYEE RETIREMENT SYSTEM PURPOSES. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. That Section 33-5502, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 33-5502. CREATION -- LEGISLATIVE FINDINGS -- GOAL. (1) There is hereby 25 createdwithin the state department of educationthe Idaho digital learning 26 academy, a public school-choice learning environment which joins the best 27 technology with the best instructional practices. The Idaho digital learning 28 academy as provided for in this chapter, is not a single department of state 29 government unto itself, nor is it a part of any of the twenty (20) depart- 30 ments of state government authorized by section 20, article IV, of the consti- 31 tution of the state of Idaho, or of the departments prescribed in section 32 67-2402, Idaho Code. It is legislative intent that the Idaho digital learning 33 academy operate and be recognized not as a state agency or department, but as 34 a governmental entity whose creation has been authorized by the state, much in 35 the manner as other single purpose districts. 36 (2) The legislature finds that it is in the best public interest to cre- 37 ate the Idaho digital learning academy based on findings that indicate: 38 (a) Technology continues to impact all facets of life, including the edu- 39 cation of students of school age and adult learners; 40 (b) Systems for delivery of education are as diverse as the learners; 41 (c) Public school systems are seeking high quality educational choices 42 within the public system, and are aligning curriculum and assessment with 43 state achievement standards; and 2 1 (d) The development of a comprehensive digital learning environment is 2 cost prohibitive for individual school districts. 3 (3) The goal of the digital learning academy is to provide choice, acces- 4 sibility, flexibility, quality and equity in curricular offerings forsecond-5arystudents in this state. 6 SECTION 2. That Section 33-5503, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-5503. ACADEMY BOARD OF DIRECTORS. (1) There is hereby created an acad- 9 emy board of directors which shall be responsible for the development and 10 oversight of the Idaho digital learning academy. 11 (2) The academy board of directors shall be comprised ofseveneight (78) 12 voting members andtwoone (21) nonvoting membersas follows: 13 (a) Three (3) members shall be superintendents, each elected to a three 14 (3) year term and each representing two (2) educational classification 15 regions as established by the state board of education. One (1) superin- 16 tendent shall be elected from among the superintendents in regions one and 17 two on a rotating term basis between the two (2) regions; one (1) superin- 18 tendent shall be elected from among the superintendents in regions three 19 and four on a rotating term basis between the two (2) regions; and one (1) 20 superintendent shall be elected from among the superintendents in regions 21 five and six on a rotating term basis between the two (2) regions; 22 (b) Two (2) members shall be high school principals, each elected to a 23 three (3) year term by the governing body of the Idaho association of sec- 24 ondary school administrators; 25 (c) Two (2) members shall be citizens at-large who are not professional 26 educators, appointed by the members of the academy board, each to a term 27 of three (3) years; and 28 (d) The state superintendent of public instruction shall be a voting mem- 29 ber and shall serve concurrently with the term of office to which the 30 state superintendent is elected; 31 (e)TwoOne (21) membersshall be an ex officio, nonvoting members: (i)32the state superintendent of public instruction who shall serve concur-33rently with the term of office to which the state superintendent is34elected, and (ii) a memberappointed by the academy board of directors to 35 serve as secretary to the academy board. 36 (3) For purposes of establishing staggered terms of office, the initial 37 term of office for the superintendent position representing educational clas- 38 sification regions one and two shall be one (1) year, and thereafter shall be 39 three (3) years. The initial term of office for the superintendent position 40 representing educational classification regions three and four shall be two 41 (2) years, and thereafter shall be three (3) years. The superintendent posi- 42 tion representing educational classification regions five and six shall be 43 three (3) years. The initial term of office for one (1) high school principal 44 position shall be one (1) year and thereafter shall be three (3) years, and 45 the initial term of office for the other high school principal position shall 46 be two (2) years and thereafter shall be three (3) years. The initial term of 47 office for one (1) member at-large shall be one (1) year and thereafter shall 48 be three (3) years, and the term of office for the other member at-large shall 49 be three (3) years. 50 (4) No voting member shall serve for more than two (2) consecutive full 51 terms. Members of the board who are appointed to fill vacancies which occur 52 prior to the expiration of a former member's full term shall serve the unex- 53 pired portion of such term. 3 1 (5) The board shall meet in person at least three (3) times annually; 2 none of these three (3) meetings shall be conducted by telephone or video 3 conferencing. 4 SECTION 3. That Section 33-5504, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 33-5504. DUTIES OF THE ACADEMY BOARD OF DIRECTORS. The board shall be 7 responsible for ensuring that academy procedures and courses are in compliance 8 with the rules of the state board of education and applicable statutes of the 9 state of Idaho. In addition, the board shall: 10 (1) Recommend policies to be established by rule of the state board for 11 effecting the purposes of this chapter. 12 (2) Employ or contract with staff asfollows:necessary and purchase such 13 supplies and equipment as are necessary to implement the provisions of this 14 chapter, which purchases shall be exempt from the purchasing laws in chapter 15 57, title 67, Idaho Code. 16(a) A director who shall be responsible for staff development, staff17evaluation, program development and oversight, and quality assurance;18(b) A curriculum and instruction coordinator who shall be responsible for19training faculty in online course design, development and delivery, and20shall assist the director in quality assurance;21(c) Clerical staff as necessary to manage student information, maintain22student records, manage academy correspondence, and oversee basic finan-23cial accounting as directed;24(d) Appropriate technology staff who shall support faculty in understand-25ing and applying the technical aspects of online course development and26delivery;27 (e3) To enter into contracts with any other governmental or public agency 28 whereby the board agrees to render services to or for such agency in exchange 29 for a charge reasonably calculated to cover the costs of rendering such ser- 30 vice. 31 (4) To accept, receive and utilize any gifts, grants or funds and per- 32 sonal and real property that may be donated to it for the fulfillment of the 33 purposes outlined in this chapter. 34 (5) Employ or contract with necessary fFaculty and teaching staff who are 35 fully certificated Idaho teachers or administrators, to design and deliver 36 planned curriculum content.Such staff shall be provided appropriate and suf-37ficient training as necessaryThe academy shall be exempt from the provisions 38 of sections 33-513, 33-514, 33-514A, 33-515 and 33-515A, Idaho Code, and shall 39 be exempt from chapter 53, title 67, Idaho Code. All teaching and educational 40 staff of the academy shall be exempt, at will employees. The number of such 41 staff shall largely be dictated by the number of courses under development, 42 the number of courses offered, and the number of students participating in 43 academy programs. 44 (36) Obtain housing where actual operations of the academy are conducted 45 by academy staff. 46 (47) Contract with a service provider for delivery of academy courses 47 online which shall be accessible twenty-four (24) hours a day, seven (7) days 48 a week. 49 (58) Ensure that the academy is accreditedby the state of Idaho and the50northwest accreditation associationas established by rule of the state board 51 of education. 52 (69) Develop policy for earning credit in courses based on mastery of the 53 subject, demonstrated competency, and meeting the standards set for each 4 1 course. 2 (710) Provide for articulating the content of certain high school courses 3 with college and university courses in order to award both high school and 4 undergraduate college credit. 5 (811) Develop policies and practices which provide strict application of 6 time limits for completion of courses. 7 (912) Develop policies and practices on accountability, both by the stu- 8 dent and the teacher, and in accordance with the provisions of section 9 33-5507, Idaho Code. 10 (103) Manage the moneys disbursed to the academy board from the superin- 11 tendent. 12 (114) Set fees charged to school districts for student participation; fees 13 charged for summer school; and fees charged to students and adults for profes- 14 sional development offerings. 15 (15) Contract with a certified public accounting firm to conduct an annual 16 audit of the Idaho digital learning academy. 17 SECTION 4. That Chapter 55, Title 33, Idaho Code, be, and the same is 18 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 19 ignated as Section 33-5504A, Idaho Code, and to read as follows: 20 33-5504A. GOVERNMENTAL ENTITY -- LIABILITY -- INSURANCE. (1) The Idaho 21 digital learning academy shall be a governmental entity as provided in section 22 33-5502, Idaho Code. For the purposes of section 59-1302(15), Idaho Code, the 23 Idaho digital learning academy created pursuant to this chapter shall be 24 deemed a governmental entity. Pursuant to the provisions of section 63-3622O, 25 Idaho Code, sales to or purchases by the Idaho digital learning academy are 26 exempt from payment of the sales and use tax. The Idaho digital learning acad- 27 emy and its board of directors are subject to the following provisions in the 28 same manner as a traditional public school and the board of trustees of a 29 school district: 30 (a) Sections 18-1351 through 18-1362, Idaho Code, on bribery and corrupt 31 influence, except as provided by section 33-5204A(2), Idaho Code; 32 (b) Chapter 2, title 59, Idaho Code, on prohibitions against contracts 33 with officers; 34 (c) Chapter 7, title 59, Idaho Code, on ethics in government; 35 (d) Chapter 23, title 67, Idaho Code, on open public meetings; and 36 (e) Chapter 3, title 9, Idaho Code, on disclosure of public records. 37 (2) The Idaho digital learning academy may sue or be sued, purchase, 38 receive, hold and convey real and personal property for school purposes, and 39 its employees, directors and officers shall enjoy the same immunities as 40 employees, directors and officers of traditional public school districts and 41 other public schools, including those provided by chapter 9, title 6, Idaho 42 Code. 43 (3) The Idaho digital learning academy shall secure insurance for lia- 44 bility and property loss. 45 (4) It shall be unlawful for: 46 (a) Any director to have pecuniary interest directly or indirectly in any 47 contract or other transaction pertaining to the maintenance or conduct of 48 the Idaho digital learning academy, or to accept any reward or compensa- 49 tion for services rendered as a director except as may be otherwise pro- 50 vided in this subsection (4). The board of directors of the Idaho digital 51 learning academy may accept and award contracts involving the Idaho digi- 52 tal learning academy to businesses in which the director or a person 53 related to him by blood or marriage within the second degree of consan- 5 1 guinity has a direct or indirect interest, provided that the procedures 2 set forth in section 18-1361 or 18-1361A, Idaho Code, are followed. The 3 receiving, soliciting or acceptance of moneys of the Idaho digital learn- 4 ing academy for deposit in any bank or trust company, or the lending of 5 moneys by any bank or trust company to the Idaho digital learning academy, 6 shall not be deemed to be a contract pertaining to the maintenance or con- 7 duct of the Idaho digital learning academy within the meaning of this sec- 8 tion; nor shall the payment of compensation by the Idaho digital learning 9 academy board of directors to any bank or trust company for services ren- 10 dered in the transaction of any banking business with the Idaho digital 11 learning academy board of directors be deemed the payment of any reward or 12 compensation to any officer or director of any such bank or trust company 13 within the meaning of this section. 14 (b) The board of directors of the Idaho digital learning academy to enter 15 into or execute any contract with the spouse of any member of such board, 16 the terms of which said contract require, or will require, the payment or 17 delivery of any Idaho digital learning academy funds, moneys or property 18 to such spouse, except as provided in section 18-1361 or 18-1361A, Idaho 19 Code. 20 (5) When any relative of any director, or relative of the spouse of a 21 director related by affinity or consanguinity within the second degree, is to 22 be considered for employment in the Idaho digital learning academy, such 23 director shall abstain from voting in the election of such relative, and shall 24 be absent from the meeting while such employment is being considered and 25 determined. 26 SECTION 5. That Chapter 55, Title 33, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 28 ignated as Section 33-5504B, Idaho Code, and to read as follows: 29 33-5504B. EXPENDITURES -- BUDGET. (1) There is hereby created in the 30 state treasury the Idaho digital learning academy fund. The fund shall consist 31 of appropriations, fees, grants, gifts or moneys from any other source. The 32 state treasurer shall invest all idle moneys in the fund and interest earned 33 on such investments shall be retained by the fund. 34 (2) On or before the first Monday in July, there will be held at the time 35 and place determined by the Idaho digital learning academy board, a budget 36 meeting and public hearing upon the proposed budget of the Idaho digital 37 learning academy. Notice of the budget meeting and public hearing shall be 38 posted at least ten (10) full days prior to the date of the meeting in at 39 least one (1) conspicuous place to be determined by the Idaho digital learning 40 academy board of directors. The place, hour and day of the hearing shall be 41 specified in the notice, as well as the place where such budget may be exam- 42 ined prior to the hearing. On or before the first Monday in July a budget for 43 the Idaho digital learning academy shall be agreed upon and approved by the 44 majority of the Idaho digital learning academy board of directors. 45 SECTION 6. That Section 33-5505, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 33-5505. DEFINITIONS. As used in this chapter: 48 (1) "Academy board," also referred to in this chapter as "the board" 49 means the board of directors of the Idaho digital learning academy as such 50 board is created in section 33-5503, Idaho Code. 51 (2) "Host district" means an Idaho school district where the fiscal oper- 6 1 ations of the Idaho digital learning academy are housed until January 1, 2009. 2 (3) "Idaho digital learning academy" means an online educational program 3 organized as a fully accreditedsecondaryschool with statewide capabilities 4 for delivering accredited courses to Idaho resident studentsin grades seven5(7) through twelve (12)at no cost to the student unless the student enrolls 6 in additional courses beyond full-time enrollment. Participation in the acad- 7 emy by public school students shall be in compliance with academy and local 8 school district policies. Adult learners and out-of-state students shall pay 9 tuition commensurate with rates established by the state board with the advice 10 of the superintendent, and such funds shall be included in the budget and 11 audit of the academy's fiscal records. 12 (4) "State board" means the Idaho state board of education. The board is 13 authorized and directed, with the advice and recommendation of the academy 14 board of directors, to promulgate rules to implement the provisions of this 15 chapter. 16 (5) "Superintendent" means the Idaho state superintendent of public 17 instruction. 18 SECTION 7. That Section 33-5506, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 33-5506. COURSES -- DEVELOPMENT -- BROKERED -- CREDIT -- ACCREDITATION. 21 Online courses shall reflect state of the art in multimedia-based digital 22 learning. Courses offered shall be of high quality in appearance and presenta- 23 tion, and shall be designed to meet the needs of all students regardless of 24 the student's level of learning. 25 (1) All courses developed under the auspices of the academy are the prop- 26 erty of the academy. Courses may be developed by qualified Idaho teachers who 27 possess the necessary technical background and instructional expertise. Such 28 persons may also be hired to deliver the course online. Nothing shall prevent 29 the board from providing additional training to teachers in the development 30 and online delivery of courses. 31 (2) At the discretion of the board with consideration for necessity, con- 32 venience and cost effectiveness, brokered courses developed by outside sources 33 may be obtained for use by the academy; however, such courses shall be taught 34 online by Idaho teachers unless special circumstancesdetermined by the direc-35torrequire a waiver of this requirement. 36 (3)Credit earnedGrade percentages in courses shall be based on such 37 criteria as mastery of the subject, demonstrated competency, and meeting the 38 standards set for each course, in contrast to credit earned in a traditional39classroom based on time spent in the classroom. 40 (4) All courses shall meet criteria established by the state of Idahoand41the northwest accreditation associationas necessary for accreditation of the 42 academy. 43 SECTION 8. That Section 33-5507, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 33-5507. REGISTRATION -- ACCOUNTABILITY. (1) A student may register with 46 the academy upon recommendation from a traditional school counselor or admin- 47 istrator, or may register directly with the academy if there is no current 48 public school affiliation. However, in order for coursework completed through 49 the academy to be recorded on the student's transcript, the student shall 50 indicate whichsecondaryschool is to receive and record credits earned. 51 (2) Students who register for courses shall provide the name of a respon- 7 1 sible adult who shall be the contact person for the academy in situations 2 which require consultation regarding the student's conduct and performance. A 3 designated responsible adult for students with a school affiliation may be a 4 teacher, a counselor or a distance learning coordinator. For home schooled 5 students, a parent or guardian may be designated. 6 (3) Policies of accountability as established by rule of the state board 7 shall address the special conditions which exist in an environment where there 8 is reduced face-to-face contact between student and teacher; where students 9 access courses at any time of day, from any location and at the student's own 10 pace; where online etiquette and ethics should be clearly understood and 11 required of all participants; and where all students' participation is moni- 12 tored by online teachers and academy personnel. 13 (4) Policies shall be established by rule of the state board for student- 14 related issues including taking exams, proctored or unproctored; ensuring that 15 the work is being done by the student; and ensuring that ethical conduct and 16 proper etiquette are always observed by all participants. 17 SECTION 9. That Section 59-1374, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 59-1374. EMPLOYERS -- MEMBERS -- EXCEPTIONS. All school districts, public 20 community college districts and Boise State University shall become employers 21 pursuant to the provisions of chapter 13, title 59, Idaho Code, on July 1, 22 1967, except as herein otherwise provided. School employees shall become mem- 23 bers pursuant to the provisions of chapter 13, title 59, Idaho Code, on July 24 1, 1967, except as herein otherwise provided. Provided, however, that teacher 25 members employed by the agricultural extension service of the college of agri- 26 culture of the University of Idaho shall be deemed to be employees of the 27 state of Idaho notwithstanding the provisions of section 59-1302(14)(B)(e), 28 Idaho Code, and may elect to participate or be excluded as members of the sys- 29 tem in accordance with rules of the board. All public charter schools created 30 pursuant to chapter 52, title 33, Idaho Code, shall be employers pursuant to 31 the provisions of chapter 13, title 59, Idaho Code. The Idaho digital learning 32 academy created pursuant to chapter 55, title 33, Idaho Code, shall be an 33 employer pursuant to the provisions of this chapter 13, title 59, Idaho Code.
STATEMENT OF PURPOSE
RS 17963
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.
Contact
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 552