Amends, repeals, and adds to existing law to revise provisions regarding the Idaho Digital Learning Academy.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 918 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-5502, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING THE CREATION OF THE IDAHO DIGITAL LEARNING ACADEMY3 AND TO MAKE TECHNICAL CORRECTIONS; REPEALING SECTION 33-5503, IDAHO4 CODE, RELATING TO THE ACADEMY BOARD OF DIRECTORS; AMENDING CHAPTER 55,5 TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-5503, IDAHO6 CODE, TO ESTABLISH PROVISIONS REGARDING THE ACADEMY BOARD OF DIRECTORS;7 AMENDING SECTION 33-5504, IDAHO CODE, TO REVISE PROVISIONS REGARDING8 THE DUTIES OF THE ACADEMY BOARD OF DIRECTORS AND TO MAKE TECHNICAL COR-9 RECTIONS; AMENDING SECTION 33-5505, IDAHO CODE, TO REVISE DEFINITIONS10 AND TO DEFINE TERMS; AMENDING SECTION 33-1020, IDAHO CODE, TO REVISE11 PROVISIONS REGARDING IDAHO DIGITAL LEARNING ACADEMY FUNDING; AMENDING12 SECTION 33-4602, IDAHO CODE, TO REVISE PROVISIONS REGARDING ADVANCED13 OPPORTUNITIES; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE14 DATE.15

Be It Enacted by the Legislature of the State of Idaho:16

SECTION 1. That Section 33-5502, Idaho Code, be, and the same is hereby17 amended to read as follows:18 33-5502. CREATION -- LEGISLATIVE FINDINGS -- GOAL. (1) There is hereby19 created the Idaho digital learning academy, a public school-choice learn-20 ing environment which that joins the best technology with the best instruc-21 tional practices. The Idaho digital learning academy as provided for in this22 chapter, is not a single department of state government unto itself, nor is23 it a part of any of the twenty (20) departments of state government autho-24 rized by section 20, article IV, of the constitution of the state of Idaho,25 or of the departments prescribed in section 67-2402, Idaho Code. It is leg-26 islative intent that the Idaho digital learning academy operate and be rec-27 ognized not as a state or local agency or department, but as a governmental an28 entity whose creation has been authorized by the state, much in the manner as29 other single purpose districts.30 (2) The legislature finds that it is in the best public interest to cre-31 ate the Idaho digital learning academy based on findings that indicate:32 (a) Technology continues to impact all facets of life, including the33 education of students of school age and adult learners the education of34 students in this state;35 (b) Systems for delivery of education are as diverse as the learners;36 and37 (c) Public school systems Idahoans are seeking high quality educa-38 tional choices within the public system, and schools and other edu-39 cation providers are aligning curriculum and assessment with state40 achievement standards; and.41

2 (d) The development of a comprehensive digital learning environment is1 cost prohibitive for individual school districts.2 (3) The goal of the digital learning academy is to provide choice, ac-3 cessibility, flexibility, quality, and equity in curricular offerings for4 students in this state. The digital learning academy shall function as a re-5 source to fill instructional gaps and is not intended to supplant regularly6 scheduled courses or full instructional programs offered by a student's lo-7 cal school district or public charter school. Courses offered shall include8 credit recovery, dual credit, courses not offered in small or rural school9 districts, courses required by the state of Idaho for graduation, and over-10 load courses.11

SECTION 2. That Section 33-5503, Idaho Code, be, and the same is hereby12 repealed.13

SECTION 3. That Chapter 55, Title 33, Idaho Code, be, and the same is14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-15 ignated as Section 33-5503, Idaho Code, and to read as follows:16 33-5503. ACADEMY BOARD OF DIRECTORS. On July 1, 2026, the academy17 board of directors shall be disbanded and reestablished as follows:18 (1) There is hereby created an academy board of directors that shall be19 responsible for the development and oversight of the Idaho digital learning20 academy.21 (2) The academy board of directors shall be comprised of nine (9) voting22 members as follows:23 (a) Three (3) members shall be superintendents, each selected by the24 state board of education to three (3) year terms and each representing25 two (2) educational classification regions as established by the state26 board of education:27 (i) One (1) superintendent shall be selected from among the su-28 perintendents in regions 1 and 2 on a rotating term basis between29 the two (2) regions;30 (ii) One (1) superintendent shall be selected from among the su-31 perintendents in regions 3 and 4 on a rotating term basis between32 the two (2) regions; and33 (iii) One (1) superintendent shall be selected from among the su-34 perintendents in regions 5 and 6 on a rotating term basis between35 the two (2) regions.36 (b) One (1) member shall be a school principal, selected to a three (3)37 year term by the governing body of the Idaho association of school ad-38 ministrators;39 (c) Two (2) members shall be citizens at-large who are not professional40 educators, appointed by the members of the academy board, each to a term41 of three (3) years;42 (d) One (1) member shall be the state superintendent of public instruc-43 tion, or a designee, who shall be a voting member and shall serve con-44 currently with the term of office to which the state superintendent is45 elected;46

3 (e) One (1) member shall be a current member of the house of representa-1 tives, as appointed by the speaker of the house of representatives, and2 shall serve concurrently with the term of office; and3 (f) One (1) member shall be a current member of the senate, as appointed4 by the president pro tempore of the senate, and shall serve concurrently5 with the term of office.6 (3) For purposes of establishing staggered terms of office, the initial7 term of office for one (1) of the district superintendent positions shall be8 one (1) year and the other two (2) shall be three (3) years. The initial term9 of office for the principal position shall be one (1) year. The initial terms10 of office for the citizen positions shall be three (3) years. The initial11 terms of office for the legislative positions shall be two (2) years.12 (4) No member shall serve for more than two (2) consecutive full terms.13 Members of the board who are appointed to fill vacancies that occur prior to14 the expiration of a former member's full term shall serve the unexpired por-15 tion of such term.16 (5) The board shall meet in person at least three (3) times annually.17

SECTION 4. That Section 33-5504, Idaho Code, be, and the same is hereby18 amended to read as follows:19 33-5504. DUTIES OF THE ACADEMY BOARD OF DIRECTORS. The board shall be20 responsible for ensuring that academy procedures and courses are in compli-21 ance with the rules of the state board of education and applicable statutes22 of the state of Idaho. In addition, the board shall:23 (1) Recommend policies to be established by rule of the state board for24 effecting the purposes of this chapter.25 (2) Employ or contract with staff as necessary and purchase such sup-26 plies and equipment as are necessary to implement the provisions of this27 chapter, which purchases shall be exempt from the state procurement act in28 chapter 92, title 67, Idaho Code. The percentage of personnel costs spent on29 staff classified as administration shall not exceed thirty percent (30%) of30 the total budget.31 (3) To enter Enter into contracts with any other governmental or public32 agency whereby the board agrees to render services to or for such agency in33 exchange for a charge reasonably calculated to cover the costs of rendering34 such service.35 (4) To accept Accept, receive, and utilize any gifts, grants, or funds36 and personal and real property that may be donated to it for the fulfillment37 of the purposes outlined in this chapter.38 (5) Employ or contract with necessary faculty and teaching staff who39 are fully certificated Idaho teachers or administrators, to design and de-40 liver planned curriculum content. The academy shall be exempt from the pro-41 visions of sections 33-513, 33-514, 33-514A, 33-515 and 33-515A, Idaho Code,42 and shall be exempt from chapter 53, title 67, Idaho Code. All teaching and43 educational staff of the academy shall be exempt, at will employees. The44 number of such staff shall largely be dictated by the number of courses under45 development, the number of courses offered, and the number of students par-46 ticipating in academy programs.47 (6) Obtain housing office space where actual operations of the academy48 are conducted by academy staff.49

4 (7) Contract with a service provider for delivery of academy courses1 online which shall be accessible twenty-four (24) hours a day, seven (7) days2 a week.3 (8) Ensure that the academy is accredited as established by rule of the4 state board of education.5 (9) Develop policy for earning credit in courses based on mastery of6 the subject, demonstrated competency, and meeting the standards set for each7 course.8 (10) Provide for articulating the content of certain high school9 courses with college and university courses in order to award both high10 school and undergraduate college credit.11 (11) Develop policies and practices which that provide strict applica-12 tion of time limits for completion of courses.13 (12) Develop policies and practices on accountability, both by the14 student and the teacher, and in accordance with the provisions of section15 33-5507, Idaho Code.16 (13) Develop policies and practices that prioritize courses provided17 in section 33-5502, Idaho Code.18 (13) (14) Manage the moneys disbursed to the academy board from the su-19 perintendent received by the academy.20 (14) (15) Set Subject to approval by the state board of education, set21 fees charged to school districts for student participation; fees charged22 for summer school; and fees charged to students and adults for professional23 development offerings any user of academy courses, including but not lim-24 ited to public school districts, public charter schools, private schools,25 individual students, and other public or private entities. Fees for all26 courses required by the state department of education for graduation shall27 be no more than forty dollars ($40.00). Fees for all courses not required for28 graduation shall be at least one hundred dollars ($100). Fees shall offset29 the total state reimbursement, not to exceed four hundred forty-five dollars30 ($445).31 (15) (16) Contract with a certified public accounting firm to conduct an32 annual audit of the Idaho digital learning academy and contract with the leg-33 islative services office to conduct a financial audit of the Idaho digital34 learning academy every three (3) years.35

SECTION 5. That Section 33-5505, Idaho Code, be, and the same is hereby36 amended to read as follows:37 33-5505. DEFINITIONS. As used in this chapter:38 (1) "Academy board," also referred to in this chapter as "the board"39 means the board of directors of the Idaho digital learning academy as such40 board is created in section 33-5503, Idaho Code.41 (2) "Host district" means an Idaho school district where the fiscal op-42 erations of the Idaho digital learning academy are housed until January 1,43 2009.44 (2) "Custom section" means an Idaho digital learning academy course45 in which all enrollments are from one (1) school district or public charter46 school.47 (3) "Emergency clause" means that a custom section is reimbursable when48 an unexpected departure of the teacher of record occurs and reimbursement49

5 is approved by the board or when, after documented recruitment efforts are1 made, the school is unable to hire a qualified teacher for the position.2 (3) (4) "Idaho digital learning academy" means an online educational3 course delivery program organized as a that is fully accredited school with4 statewide capabilities for the exclusive purpose of delivering accredited5 courses to Idaho resident students at no cost to the student unless the stu-6 dent enrolls in additional courses beyond full-time enrollment. Partici-7 pation in the academy by public school students shall be in compliance with8 academy and local school district policies. Adult learners and out-of-state9 students shall pay tuition commensurate with rates established by the state10 board with the advice of the superintendent, and such funds shall be included11 in the budget and audit of the academy's fiscal records. in grades 6 through12 12.13 (4) (5) "State board" means the Idaho state board of education. The14 board is authorized and directed, with the advice and recommendation of the15 academy board of directors, to promulgate rules to implement the provisions16 of this chapter.17 (5) (6) "Superintendent" means the Idaho state superintendent of pub-18 lic instruction.19

SECTION 6. That Section 33-1020, Idaho Code, be, and the same is hereby20 amended to read as follows:21 33-1020. IDAHO DIGITAL LEARNING ACADEMY FUNDING.22 (1)(a) An amount of four hundred forty-five dollars ($445) per en-23 rollment shall be distributed to support the Idaho digital learning24 academy, created pursuant to chapter 55, title 33, Idaho Code. For the25 purposes of this section, an "enrollment" shall be counted each time26 an Idaho school age child enrolls in an Idaho digital learning academy27 class course and continues to be enrolled in such class course past the28 deadline to withdraw, where such withdrawal would not result in the29 class course appearing on such child's transcript in any way. If a stu-30 dent disenrolls from an Idaho digital learning academy course within31 the withdrawal window, the fee shall be returned to the payer. A single32 child enrolled in multiple classes courses shall count as multiple en-33 rollments. Summer enrollments shall be included in the fiscal year that34 begins that summer. A registered course shall be eligible for state35 funding only if:36 (i) The student is enrolled in an Idaho school district or public37 charter school that is not entirely virtual;38 (ii) The student is in grades 6 through 12, but for students in39 grades 6 through 8, the registered course must be for credit recov-40 ery and remediation;41 (iii) The course is not a driver's education course; and42 (iv) The student is not enrolled in a custom section unless the43 emergency clause is applicable.44 (b) If a student wants to enroll in an Idaho digital learning academy45 course that does not meet the criteria for state funding under this sec-46 tion, such student may enroll in such course if the school district or47 public charter school pays the fees for the course as set by the state48 board of education.49

6 (c) If a student wants to enroll in an Idaho digital learning academy1 course to earn dual credit pursuant to section 33-4602, Idaho Code,2 such student shall pay for the course or use money available from the3 advanced opportunities program.4 (2) The state department of education shall make an estimated distri-5 bution of funds to the Idaho digital learning academy by no later than July6 31 of each fiscal year, consisting of eighty percent (80%) of the estimated7 funding for the fiscal year. The balance of all remaining funds to be dis-8 tributed, pursuant to the calculations in this section, shall be distributed9 by no later than May 15 of the same fiscal year. The state department of10 education shall reconcile the enrollments prior to the May 15 payment and11 withhold or recover any costs necessary to align the funding with verified12 enrollments. The joint finance-appropriations committee shall consider13 adjusting the per enrollment amount each legislative session by a percent-14 age increase equal to the percentage increase approved for salary increases15 for instructional and pupil service staff pursuant to section 33-1004B,16 Idaho Code, and for administrative and classified staff pursuant to section17 33-1004E, Idaho Code.18 (3) The academy board of directors shall report to the state board of19 education during the 2027 legislative session on the status of courses and20 provide recommendations and a strategic plan on how to manage digital learn-21 ing throughout the state.22

SECTION 7. That Section 33-4602, Idaho Code, be, and the same is hereby23 amended to read as follows:24 33-4602. ADVANCED OPPORTUNITIES -- RULEMAKING. (1) Students attend-25 ing public schools in Idaho will be eligible for four thousand six hundred26 twenty-five dollars ($4,625) to use toward overload courses, dual credits,27 postsecondary credit-bearing examinations, career technical certificate28 examinations, career technical education workforce training courses, col-29 lege entrance examinations, and preliminary college entrance examinations.30 Students may access these funds in grades 7 through 12 for:31 (a) Overload courses, the distribution of which may not exceed two hun-32 dred twenty-five dollars ($225) per overload course. A student shall33 take and successfully be completing a full credit load within a given34 school year to be eligible for funding of an overload course. An over-35 load course shall be taken for high school credit to be eligible for36 funding. To qualify as an eligible overload course for the program, the37 course shall:38 (i) Be offered by a provider accredited by the organization that39 accredits Idaho public schools; and40 (ii) Be taught by an individual certified to teach the grade and41 subject area of the course in Idaho.42 (b) Eligible dual credits, the distribution of which may not exceed43 seventy-five dollars ($75.00) per one (1) dual credit hour. Dual credit44 courses shall be offered by a regionally accredited postsecondary in-45 stitution. To qualify as an eligible dual credit course, the course46 shall be a credit-bearing 100-level course or higher.47

7 (c) Courses offered through the Idaho digital learning academy. Such1 courses shall not exceed the course enrollment cost as provided in sec-2 tion 33-1020, Idaho Code.3 (c) (d) Eligible postsecondary credit-bearing or career technical cer-4 tificate examinations. The state department of education shall main-5 tain a list of eligible exams and costs. Eligible costs include the cost6 of the examination, proctor fees, and administrative fees. Eligible7 examinations include:8 (i) Advanced placement (AP);9 (ii) International baccalaureate (IB);10 (iii) College-level examination program (CLEP); and11 (iv) Career technical education examinations that lead to an in-12 dustry-recognized certificate, license, or degree.13 (d) (e) CTE workforce training courses, such as federally registered14 apprenticeships. The state department of education shall collaborate15 with the division of career technical education to maintain a list of16 eligible training courses and costs. Eligible training courses shall:17 (i) Be provided by an Idaho public technical college;18 (ii) Lead to an industry-recognized certificate, license, or de-19 gree;20 (iii) Be required training for occupations deemed regionally in21 demand;22 (iv) Be courses that are not otherwise available at the student's23 high school; and24 (v) Allow high school-aged students to participate.25 (e) (f) College entrance examinations and preliminary college entrance26 examinations. The state department of education shall maintain a list27 of eligible examinations and costs. Eligible costs include the cost of28 the examination, proctor fees, and administrative fees. Eligible exam-29 inations include the SAT, the PSAT, the ACT, and other similar examina-30 tions identified by the department.31 (2) A student who has earned fifteen (15) postsecondary credits using32 the advanced opportunities program and who wishes to earn additional credits33 shall first identify his postsecondary goals. Advisors shall counsel any34 student who wishes to take dual credit courses that the student should ascer-35 tain for himself whether the particular postsecondary institution that he36 desires to attend will accept the transfer of coursework credits under this37 section.38 (3) These moneys may be used to pay to the student an amount not to ex-39 ceed the price of such courses and examinations pursuant to the limitations40 stated in this section. These moneys shall not supplant existing program41 funds. Payments made under this section shall be made from the moneys ap-42 propriated for the educational support program. No later than January 15,43 the state department of education shall annually report to the education44 committees of the senate and the house of representatives details regarding45 the number of students benefiting from assistance with the cost of over-46 load courses, dual credit courses and examinations, the number of credits47 awarded, and amounts paid pursuant to this section during the previous48 school year.49

8 (4) The board of each public school may set forth criteria by which a1 student may challenge a course. If a student successfully meets the crite-2 ria set forth by the board of the public school, then the student shall be3 counted as having completed all required coursework for that course. The4 public school, with the exception of Idaho tribal schools, shall be funded5 for such students based on either actual hours of attendance or the course6 that the student has successfully passed, whichever is more advantageous to7 the public school, up to the maximum of one (1) full-time student.8 (5) Any student who successfully completes public school grades 99 through 12 curriculum at least one (1) year early shall be eligible for an10 advanced opportunities scholarship. The scholarship may be used for edu-11 cational costs at any Idaho public postsecondary educational institution.12 The amount of the scholarship shall equal thirty-five percent (35%) of the13 statewide average daily attendance-driven funding per enrolled pupil for14 each year of grades 9 through 12 curriculum avoided by the student's early15 graduation. Each public school shall receive an amount equal to each such16 awarded scholarship for each student that graduates early from that public17 school. Students shall apply for the scholarship within two (2) years of18 graduating from a public school.19 (6) The state department of education shall reimburse public schools,20 the Idaho digital learning academy, or public postsecondary educational21 institutions, as applicable, for such costs, up to the stated limits, within22 one hundred twenty-five (125) days of receiving the necessary data upon23 which reimbursements may be paid. The submission method and timelines of24 reimbursement data shall be determined by the state department of education.25 Payments will be made only for activity occurring and reported within each26 fiscal year.27 (7) For public funding purposes, average daily attendance shall be28 counted as normal for students participating in dual credit courses pursuant29 to this section.30 (8) If a student fails to earn credit or successfully complete a course31 or exam for which the department has paid a reimbursement, the student shall32 pay for and successfully earn credit or pay for an examination before the33 state department of education pays any further reimbursements for the stu-34 dent. Except for exams allowed under subsection (1)(e)(f) of this section,35 repeated and remedial courses or examinations are not eligible for funding36 under this section.37 (9) The state department of education shall reimburse community col-38 leges or counties, as applicable, for any out-of-district county tuition39 pursuant to section 33-2110A, Idaho Code. Such reimbursements shall be in40 an amount not to exceed fifty dollars ($50.00) per credit hour and only for41 dual credit courses taken pursuant to this section. Community colleges may42 directly enroll a homeschool student for dual enrollment courses pursuant to43 this section. Such direct enrollments shall be coordinated with the state44 board of education.45 (10) Public schools shall establish timelines and requirements for par-46 ticipation in the program, including implementing procedures for the appro-47 priate transcription of credits, reporting of program participation and fi-48 nancial transaction requirements. Public schools shall make reasonable ef-49 forts to ensure that any student who considers participating in the program50

9 also considers the challenges and time necessary to succeed in the program,1 and schools shall make reasonable efforts to include guidance on how the stu-2 dent's participation in the program contributes to prospective college and3 career pathways. Such efforts by the district shall be performed prior to a4 student participating in the program and throughout the student's involve-5 ment in the program.6 (11) Policies and procedures for participating in the program estab-7 lished by the public school shall be such that students have an opportunity8 to participate in the program and meet district-established timelines and9 requirements for financial transactions, transcribing credits and state10 department of education reporting. Participation in this program requires11 parent and student agreement to program requirements and completion of the12 state department of education's participation form documenting the program13 requirements.14 (12) Parents of participating students may enroll their child in any15 eligible course, with or without the permission of the public school in which16 the student is enrolled. Tribal school students shall follow their schools'17 enrollment policies and procedures. Public school personnel shall assist18 parents in the process of enrolling students in such courses. Each partic-19 ipating student's high school transcript at the public school at which the20 student is enrolled shall include the credits earned and grades received by21 the student for any overload or dual credit courses taken pursuant to this22 section. For an eligible course to be transcribed as meeting the require-23 ments of a core subject as identified in administrative rule, the course24 shall meet the approved content standards for the applicable subject and25 grade level.26 (13) Participating public schools shall collaborate with Idaho public27 postsecondary educational institutions to assist students who seek to par-28 ticipate in dual credit courses or graduate from high school early by en-29 rolling in postsecondary courses. Participating school districts, charter30 schools and Idaho public postsecondary educational institutions shall re-31 port to the state board of education and the education committees of the sen-32 ate and the house of representatives any difficulties or obstacles they ex-33 perience in providing assistance to participating students.34 (14) The state board of education may promulgate rules to implement the35 provisions of this chapter.36

SECTION 8. 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