Amends existing law to revise provisions regarding participation in nonacademic public school activities for dual enrollment.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 780 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 academic pro-32 grams.33 (4) Oversight of academic standards relating to participation in34 nonacademic public school activities shall be the responsibility of the pri-35 mary education provider for that student. In order for any nonpublic school36 student or public school student to participate in nonacademic public school37 activities for which public school students must demonstrate academic pro-38 ficiency or eligibility, the nonpublic school or public school student shall39 demonstrate composite grade-level academic proficiency on any state board40 of education recognized achievement test, portfolio, or other mechanism41 as provided for in state board of education rules deemed appropriate by42

2 the student's primary education provider. Additionally, a student shall1 be eligible if he achieves a minimum composite, core or survey test score2 within the average or higher-than-average range as established by the test3 service utilized on any nationally normed test. Demonstrated proficiency4 shall be used to determine eligibility for the current and next following5 school years. School districts and public charter schools shall provide to6 nonpublic students who wish to participate in dual enrollment activities7 the opportunity to take state tests or other standardized tests given to all8 regularly enrolled public school students.9 (5) A public school student who has been unable to maintain academic el-10 igibility is ineligible to participate in nonacademic public school activi-11 ties as a nonpublic school or public charter school student for the duration12 of the school year in which the student becomes academically ineligible and13 for the following academic year.14 (6) A nonpublic school or public school student participating in15 nonacademic public school activities must reside within the attendance16 boundaries of the school for which the student participates. Subject to all17 other provisions of this section, all eligible nonpublic students shall be18 able to access and participate in all nonacademic public school activities,19 including both extracurricular and cocurricular activities.20 (7) School districts and public charter schools may charge a fee for21 nonpublic student participation in nonacademic public school activities.22 Such fee shall reflect the costs associated with participation in the activ-23 ity.24 (7) (8) Dual enrollment shall include the option of joint enrollment in25 a regular public school and an alternative public school program. The state26 board of education shall establish rules that provide funding to school dis-27 tricts for each student who participates in both a regular public school pro-28 gram and an alternative public school program.29 (8) (9) Dual enrollment shall include the option of enrollment in a30 postsecondary institution. Any credits earned from an accredited postsec-31 ondary institution shall be credited toward state board of education high32 school graduation requirements.33 (9) (10) A nonpublic student is any student who receives educational34 instruction outside a public school classroom and such instruction can in-35 clude, but is not limited to, a private school or a home school.36

SECTION 2. An emergency existing therefor, which emergency is hereby37 declared to exist, this act shall be in full force and effect on and after38 July 1, 2026.39