id-08-0111-2601: Registration of Postsecondary Educational Institutions and Proprietary Schools

Dear Senators Lent, Cook, Ward-Engelking, and Representatives Pickett, Hawkins, Mathias: The Legislative Services Office, Research and Legislation, has received the enclosed rules of the State Board of and State Department of Education - State Board of Education: IDAPA 08.01.11 - Registration of Postsecondary Educational Institutions and Proprietary Schools-Proposed Rule (Docket No. 08-0111-2601). Pursuant to Section 67-454, Idaho Code, a meeting on the enclosed rules may be called by the cochairmen or by two (2) or more members of the subcommittee giving oral or written notice to Research and Legislation no later than fourteen (14) days after receipt of the rules' analysis from Legislative Services. The final date to call a meeting on the enclosed rules is no later than 10/30/2026. If a meeting is called, the subcommittee must hold the meeting within forty-two (42) days of receipt of the rules' analysis from Legislative Services. The final date to hold a meeting on the enclosed rules is 11/27/2026. The germane joint subcommittee may request a statement of economic impact with respect to a proposed rule by notifying Research and Legislation. There is no time limit on requesting this statement, and it may be requested whether or not a meeting on the proposed rule is called or after a meeting has been held. To notify Research and Legislation, call 334-4854, or send a written request to the address on the memorandum attached below. Page 1 of 1 Terri Kondeff Director MEMORANDUM TO: Rules Review Subcommittee of the Senate Education Committee and the House Education Committee FROM: Legislative Drafting Attorney - Monica Harrington DATE: October 13, 2026 SUBJECT: State Board of and State Department of Education - State Board of Education IDAPA 08.01.11 - Registration of Postsecondary Educational Institutions and Proprietary Schools-Pro- posed Rule (Docket No. 08-0111-2601) Summary and Stated Reasons for the Rule The State Board of Education submits notice of proposed rulemaking at IDAPA 08.01.11 - Registration of Postsecondary Educational Institutions and Proprietary Schools (Docket No. 08-0111-2601). The State Board of Education states that the rulemaking removes the term "regional" from references to accreditation within IDAPA 08.01.11 subsection 100 -- Recognition of Accreditation Organizations. The Board states that the proposed rule also clarifies related language within institutional registration provisions, including updates to provisions associated with surety bond exemptions. The Board further states that the purpose of the rule is to remove outdated terminology that is no longer used by the United States Department of Education and that retaining such language may create misalignment with current accreditation recognition and affect application of existing rule provisions, including requirements related to surety bond exemptions. The Board states that updating the terminology will improve clarity and consistency with current practice. Negotiated Rulemaking / Fiscal Impact The State Board of Education states that negotiated rulemaking was conducted and that notice was pub- lished in the July 1, 2026, Idaho Administrative Bulletin, Volume 26-7, page 46. There is no fiscal impact anticipated with this rulemaking. Statutory Authority The proposed rule appears to be within the statutory authority granted to the State Board of Education pursuant to Sections 33-105, 33-107, 33-2402, and 33-2403, Idaho Code. cc: State Board of and State Department of Education - State Board of Education Nicholas Wagner *** PLEASE NOTE *** Paul Headlee, Deputy DirectMatt Drake, Manager Keith Bybee, ManagerApril Renfro, Manager Norma Clark, Manager Legislative Services OffResearch & Legislation Budget & Policy AnalysLegislative AuditsInformation Technology Statehouse, P.O. Box 83720 Tel: 208–334–2475 Boise, Idaho 83720–0054 legislature.idaho.gov Per the Idaho Constitution, all administrative rules may be reviewed by the Legislature during the next legisla- tive session. The Legislature has 3 options with this rulemaking docket: 1) Approve the docket in its entirety; 2) Reject the docket in its entirety; or 3) Reject the docket in part. Page 2 of 2 IDAPA 08 – STATE BOARD OF EDUCATION 08.01.11 – REGISTRATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS AND PROPRIETARY SCHOOLS DOCKET NO. 08-0111-2601 NOTICE OF RULEMAKING – PROPOSED RULE AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to Section 33-105, 33-107, 33-2402, and 33-2403, Idaho Code. PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking may be scheduled if deemed necessary by the agency based on stakeholder feedback or other considerations. Public hearing(s) will also be scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, not later than October 21, 2026. The hearing site(s) will be accessible to persons with disabilities. Requests for accommodation must be made not later than five (5) days prior to the hearing, to the agency address below. DESCRIPTIVE SUMMARY: The following is a nontechnical explanation of the substance and purpose of the proposed rulemaking: This rulemaking removes the term “regional” from references to accreditation within IDAPA 08.01.11 subsection 100 – Recognition of Accreditation Organizations. The proposed rule also clarifies related language within institutional registration provisions, including updates to provisions associated with surety bond exemptions. The purpose of the updates to the rule is to remove outdated terminology that is no longer used by the U.S. Department of Education. Retaining this language may create misalignment with current accreditation recognition and affect application of existing rule provisions, including requirements related to surety bond exemptions. Updating the terminology will improve clarity and consistency with current practice. FEE SUMMARY: The following is a specific description of the fee or charge imposed or increased: There are no fees being impacted as a result of this rulemaking. FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year resulting from this rulemaking: NA. NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(1), Idaho Code, negotiated rulemaking was conducted. The Notice of Intent to Promulgate Rules - Negotiated Rulemaking was published in the July 1, 2026, IdahoAdministrative Bulletin, Volume 26-7 pg. 46. INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, the following is a brief synopsis of why the materials cited are being incorporated by reference into this rule: No documents incorporated by reference are impacted by this rulemaking. ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Nicholas Wagner at rules@edu.idaho.gov or 208-488- 7586. Anyone may submit written comments regarding this proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before October 28, 2026. DATED this 25th day ofAugust, 2026. IdahoAdministrative Bulletin Page 47 October 7, 2026 – Vol. 26-10 STATE BOARD OF EDUCATION Docket No. 08-0111-2601 Postsecondary Educational Institutions & Proprietary Schools Proposed Rulemaking Nicholas Wagner Agency Rules Coordinator Idaho State Board of Education 650 W State St. PO Box 83720 Boise, ID 83720-0037 Phone: (208)488-7586 Fax: (208)334-2632 THE FOLLOWING IS THE PROPOSED TEXT OF DOCKET NO. 08-0111-2601 (Only Those Sections WithAmendmentsAre Shown.) 08.01.11 – REGISTRATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS AND PROPRIETARY SCHOOLS 100. RECOGNITION OFACCREDITATION ORGANIZATIONS. For purposes of registration of postsecondary educational institutions and propriety schools, the Board recognizes the regional accreditation organizations that are recognized by and in good standing with the United States Department of Education, and which accredit entire colleges or universities, and which do not accredit only courses or courses of study (such as specialized accreditation organizations). Further, the Board may recognize other accreditation organizations on a case-by-case basis. A request for recognition of other accreditation organizations for purposes of registration should be made to the Board’s ChiefAcademic Officer, who will review and evaluate the request with the input and advice of the Board’s Committee onAcademicAffairs and Programs (CAAP). The Board will make a final decision based on such evaluation and review. (3-30-23)( ) IdahoAdministrative Bulletin Page 48 October 7, 2026 – Vol. 26-10