Amends existing law to revise provisions regarding student participation in nonacademic public school activities.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 778 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-203, IDAHO CODE, TO REVISE PROVI-2 SIONS REGARDING DUAL ENROLLMENT; AND DECLARING AN EMERGENCY AND PROVID-3 ING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 33-203, Idaho Code, be, and the same is hereby6 amended to read as follows:7 33-203. DUAL ENROLLMENT. (1) The parent or guardian of a child of8 school age who is enrolled in a nonpublic school or a public charter school9 shall be allowed to enroll the student in any public school, including an-10 other public charter school, for dual enrollment purposes. The board of11 trustees of the school district or board of directors of the public char-12 ter school shall adopt procedures governing enrollment pursuant to this13 section. If enrollment in a specific program reaches the maximum for the14 program, priority for enrollment shall be given to a student who is enrolled15 full-time in the public school. In the case of dual enrollment in a public16 charter school, the student who is dually enrolled shall not count toward17 the public charter school's maximum enrollment restrictions. The dually18 enrolled student's primary education provider shall be the provider in which19 the student is registered for the majority of the coursework. At no time20 may the dual enrollment provisions be used to circumvent a public charter21 school's lottery requirements.22 (2) Any student participating in dual enrollment may enter into any23 program in the public school available to other students, subject to compli-24 ance with the eligibility requirements herein and the same responsibilities25 and standards of behavior and performance that apply to any student's26 participation in the activity, except that the academic eligibility re-27 quirements for participation in nonacademic activities are as provided for28 herein.29 (3) All schools shall be allowed to include dually enrolled nonpublic30 school and public school students for the purposes of state funding only to31 the extent of the student's participation in the public school programs.32 (4) Oversight of academic standards relating to participation in33 nonacademic public school activities shall be the responsibility of the34 primary education provider for that student. In order for any nonpublic35 school student or public school student to participate in nonacademic pub-36 lic school activities for which public school students must demonstrate37 academic proficiency or eligibility, the nonpublic school or public school38 student shall demonstrate composite grade-level academic proficiency on any39 state board of education recognized achievement test, portfolio, or other40 mechanism as provided for in state board of education rules. Additionally,41 a student shall be eligible if he the student achieves a minimum composite,42

2 core, or survey test score within the average or higher-than-average range1 as established by the test service utilized on any nationally normed test.2 Demonstrated proficiency shall be used to determine eligibility for the cur-3 rent and next following school years. School districts and public charter4 schools shall provide to nonpublic students who wish to participate in dual5 enrollment activities the opportunity to take state tests or other standard-6 ized tests given to all regularly enrolled public school students.7 (5) A public school student who has been unable to maintain academic el-8 igibility is ineligible to participate in nonacademic public school activi-9 ties as a nonpublic school or public charter school student for the duration10 of the school year in which the student becomes academically ineligible and11 for the following academic year.12 (6) A nonpublic school or public school student participating in13 nonacademic public school activities must reside within the attendance14 boundaries of the school for which the student participates. Any student en-15 rolled in a public school or public charter school and any nonpublic student16 as defined in subsection (10) of this section or a student enrolled pursuant17 to the provisions of section 33-1402, Idaho Code, shall be eligible to par-18 ticipate in all nonacademic activities, including interscholastic sports,19 at the public school or public charter school in which the student is en-20 rolled in the same manner and to the same extent as any other student enrolled21 in such school. Nothing in this subsection shall be construed to limit the22 authority of an association to regulate the eligibility of students trans-23 ferring between schools operated by a public school district as defined in24 section 33-1001, Idaho Code.25 (7) Any student enrolled in a public charter school and any nonpublic26 student as defined in subsection (10) of this section may elect to partic-27 ipate in nonacademic activities, including interscholastic sports, at the28 public school within the attendance boundaries of the student's residence,29 provided the activity is not offered at the student's school of enrollment.30 Nothing in this subsection shall be construed to limit the authority of an31 association to regulate the eligibility of students transferring between32 schools operated by a public school district as defined in section 33-1001,33 Idaho Code.34 (7) (8) Dual enrollment shall include the option of joint enrollment in35 a regular public school and an alternative public school program. The state36 board of education shall establish rules that provide funding to school dis-37 tricts for each student who participates in both a regular public school pro-38 gram and an alternative public school program.39 (8) (9) Dual enrollment shall include the option of enrollment in a40 postsecondary institution. Any credits earned from an accredited postsec-41 ondary institution shall be credited toward state board of education high42 school graduation requirements.43 (9) (10) A nonpublic student is any student who receives educational44 instruction outside a public school classroom and such instruction can in-45 clude, but is not limited to, a private school or a home school.46

SECTION 2. An emergency existing therefor, which emergency is hereby47 declared to exist, this act shall be in full force and effect on and after48 July 1, 2026.49