A bill to create a $5,000 refundable tax credit for non-public school expenses was replaced Thursday with a new version making a handful of changes.

The new bill is largely the same as the original, House Bill 39, but it clarifies which education types qualify as eligible expenses — private schooling and home schooling as well as learning pods and micro-schools.

It also requires that schools benefiting from the tax credits either be accredited or maintain a portfolio demonstrating learning growth in English, math, social studies and science. And it requires tax credit recipients to complete a “satisfaction and engagement survey.”

The changes were “based on feedback that we received from colleagues,” said Rep. Wendy Horman, R-Idaho Falls, who’s co-sponsoring the bill with Sen. Lori Den Hartog, R-Meridian.

The House Revenue and Taxation Committee voted Thursday to introduce the bill. 

The tax credit would offer private school and home-school students up to $5,000 for tuition, tutoring, standardized test fees, curriculum, books, transportation and other education expenses. Students with special needs would qualify for up to $7,500. And the program would be capped at $50 million in state spending. 

Constitutional amendment would shield private and home-schoolers from regulation

Private schoolers and home-schoolers would be constitutionally protected from “government regulation” under a joint resolution introduced Thursday. 

Rep. Dale Hawkins proposed amending the Idaho Constitution. If approved, the constitution would say: “The right of the people to educate their children without government regulation outside of the public schools of the state shall not be infringed.” 

Hawkins, R-Fernwood, said the protections are “long overdue.”

“Parental rights are on the move everywhere, and it’s sad that it’s taken so long to recognize that parents are the primary control of their children, their education, their well being,” he told the House State Affairs Committee, which voted to introduce the resolution.

The proposal has an uphill climb to passage. Constitutional amendments require approval from two-thirds of the House, two-thirds of the Senate and a majority of Idaho voters. 

Former Sen. Scott Herndon, a Republican from Sagle, last year proposed a similar amendment. As the Senate considered the resolution it was updated to say that private schoolers and home-schoolers “shall not be entitled to public funds to support” their education. But the resolution ultimately failed to advance through the Senate. 

Hawkins’ proposed constitutional amendment comes as Idaho lawmakers are considering a pair of bills that would send state funds to private schoolers and home-schoolers. While private schools and home-school settings are already unregulated in Idaho, Hawkins’ resolution likely would shield them from requirements attached to public funds, such as accreditation or standardized testing. 

Hawkins’ resolution could return to the House State Affairs Committee for a public hearing in the coming days or weeks. 

Bill targeting public resources going to teachers’ unions resurfaces

A bill restricting public school districts’ cooperation with teachers’ unions resurfaced Thursday. 

Among other restrictions, the legislation would prohibit public school districts from deducting dues from an employees’ paycheck on behalf of a teachers’ union, and it would bar public school employees from receiving paid leave to engage in union activities.

 “This bill is to ensure that taxpayer dollars are not used to support teacher unions,” said Rep. Judy Boyle, R-Midvale, a co-sponsor. 

The House narrowly rejected a similar bill last legislative session. 

Rep. Todd Achilles, D-Boise, asked Boyle whether she worked with any teachers or school board members on the bill. Boyle said that she hadn’t. “This is basically a cleaned up bill from last year.”

The House State Affairs voted to introduce the bill, which could return for a public hearing.

Proposal calls for ‘high-definition’ fetal development video in health classes

Public schools would be required to show ultrasound videos and animations of fetal development under a new bill introduced Thursday. 

Sponsored by Sen. Tammy Nichols, the bill directs public school districts and charter schools serving students in grades 5-12 to develop “instruction on human growth and development” that includes: 

• A “high-definition ultrasound video,” at least three minutes long, that shows a fetus developing a brain, heart, sex organs and other vital organs, and  
• A “high–quality, computer-generated rendering or animation” that shows the fertilization process and every stage of human development, “noting significant markers in cell growth and organ development for every week of pregnancy until birth.”

“This legislation ensures students, especially young women, are empowered with the knowledge to make informed decisions about their health and future,” Nichols, R-Middleton, told the Senate Education Committee.

The attorney general would be granted authority to bring a civil action compelling public school districts and charter schools to comply with the law. 

Sen. Janie Ward-Engelking, a former teacher, shared several concerns with the proposal, including that it may be inappropriate for younger students. “Having taught 6th grade and junior high, I’m not sure this level of description and stuff is appropriate for all those grade levels.”

Nichols responded that the bill only applies to classes where sexual health and biology are already being taught. “There are criteria for them to be utilizing this.” 

The Senate Education Committee voted to introduce the bill, setting the stage for a future public hearing. 

Public records issue hangs up school safety cleanup bill

A school safety “housekeeping bill” became mired in a messy debate Thursday.

The House Education Committee held House Bill 43, an attempt to clean up several pieces of school safety law.

The snag came over language that would exempt school emergency operations plans from public disclosure.

Some lawmakers said the exemption would make it more difficult for parents to get information about school safety measures.

Schools routinely answer parents’ questions about safety with an email, or a followup face-to-face meeting, said Rep. Chris Mathias, D-Boise, the bill’s sponsor. He didn’t think the records exemption would change that. “I’m just basing my confidence in this on history.”

Rep. Dan Garner moved to put the bill on hold, but with misgivings. He said he was worried about safety plans falling into the hands of someone who would attack a school. “I’m not willing to have that on my conscience,” said Garner, R-Clifton.

Garner’s motion passed on a 7-6 vote.

Technically, the bill was held “subject to call of the chair,” which would allow Chairman Douglas Pickett to put the bill back on the agenda at any time. The delay could also allow committee members to talk more about the records issue; after Thursday’s hearing, Rep. Barbara Ehardt, R-Idaho Falls, and Mathias huddled to discuss a possible meeting

New bill would relax spousal employment rules for school districts 

A bill that would relax hiring restrictions for the spouses of school board trustees cleared its first hurdle Thursday. 

Under current state law, only school districts with 1,200 or fewer students can employ the spouse of a school board member under certain conditions. There can be no other eligible applicants and the spouse’s job must be reopened to applicants each year. 

These restrictions are challenging for small districts struggling to attract and retain educators, said Sen. Brandon Shippy, R-New Plymouth. Shippy’s bill would allow districts enrolling 400 or fewer students to employ the spouse of a trustee, as long as the trustee abstains from hiring and compensation decisions. 

Shippy said that one of his constituents from Midvale brought him the bill. The Midvale School District has about 140 students. “It’s a very small school district, and these are some of the challenges that they face on an ongoing basis,” he told the Senate Education Committee, which voted to introduce the bill. 

The Idaho School Boards Association in November considered a resolution calling for reforms to spousal employment, but trustees couldn’t settle on where to draw the line for an enrollment ceiling. The resolution failed during ISBA’s annual conference.