Idaho § 33-1619

§ 33-1619.

virtual education programs. (1) School districts may offer instruction via the internet in a distributed environment. For programs meeting such definition, the school district may count and report the average daily attendance of the program’s students in the manner prescribed in section 33-5207 , Idaho Code. School districts may also offer instruction that is a blend of virtual and traditional instruction. For such blended programs, the school district may count and report the average daily attendance of the program’s students in the manner prescribed in section 33-5207 , Idaho Code. Alternatively, the school district may count and report the average daily attendance of the blended program’s students in the same manner as provided for traditional programs of instruction, for the days or portions of days in which such students attend a physical public school. For the balance of days or portions of days, average daily attendance may be counted in the manner prescribed in section 33-5207 , Idaho Code.

(2) School districts offering virtual education programs pursuant to this section shall:

(a) Make available to the state board of education the information required under section 33-5205 (3), Idaho Code;

(b) Require that all contracts and any subsequent amendments thereto between a school district and an educational services provider as defined in section 33-5202A , Idaho Code, relating to the provision of virtual learning to students be approved by the school district board of trustees prior to execution;

(c) Maintain records that verify proof of Idaho residency for all students enrolled in a virtual education program; and

(d) Ensure that all curricular materials, as defined in section 33-118A , Idaho Code, including alternative or supplemental curriculum, meet content standards as set forth in rule promulgated by the state board of education and establish a system to document such curriculum.

(3) Any educational services provider contracting with and receiving public funds from a school district for a virtual education program shall provide a written disclosure of services and costs in its contract that shall:

(a) Identify the specific services provided to the school district;

(b) Identify the cost of each service or category of service and the method used to calculate such cost; and

(c) Demonstrate a clear relationship between the public funds received and the services provided.

(4) Any virtual education program and educational services provider with which a school district contracts shall establish policies regarding conflicts of interest for individuals who are employed by both the school district and the educational services provider with which the district contracts. Such policies shall include mechanisms for accountability and oversight.

(5) No school district, virtual education program, or educational services provider with which they contract shall furnish any payment of state funds directly to parents or legal guardians of enrolled students. Any state funds determined by the school district to be used as supplemental learning funds shall be used only for eligible education expenses as provided in section 33-5206 (8)(m), Idaho Code. "Supplemental learning funds" has the same meaning as in section 33-5206 (8)(m), Idaho Code. Eligible education expenses shall be available for all courses, including elective courses. Such funds shall be expended through direct order by the school district only, except as otherwise provided in section 33-5206 (8)(m), Idaho Code.

(6) Every person who is employed in the capacity of teacher in a virtual education program provided for in this section shall hold a certificate as required under section 33-1201 , Idaho Code. A school district shall retain the authority to hire, oversee, and evaluate all teachers delivering instruction in a virtual education program.

[33-1619, added 2009, ch. 340, sec. 2, p. 984; am. 2012, ch. 188, sec. 10, p. 508; am. 2013, ch. 342, sec. 4, p. 906; am. 2024, ch. 9, sec. 44, p. 88; am. 2026, ch. 12, sec. 1, p. 89.]