Statehouse roundup, 2.5.25: ‘Medical freedom’ bill, with extensive school language, heads to Senate floor

A far-reaching “medical freedom” bill that would affect schools is headed to the Senate floor for amendment.

Much of the testimony on Senate Bill 1023 focused on the rights of businesses and employees — and that’s where the bill could get amended. Testimony and committee debate touched on new language that will affect schools.

The “Idaho Medical Freedom Act” reads, in part: ”A school operating in the state shall not mandate a medical intervention for any person to attend school, enter campus or school buildings, or be employed by the school.” And this is new language. SB 1023 builds on the “Coronavirus Stop Act,” a 2023 law that addressed COVID-19 vaccination requirements.

Supporters described SB 1023 as a protection against coercion and “tyranny.”

Sen. Dan Foreman, R-Moscow

“This bill concerns itself with the matter of human rights,” said the bill’s sponsor, Sen. Dan Foreman, R-Moscow.

One supporter, Kathrien Jones, a student from Nampa, discussed her experience playing school basketball during the COVID-19 pandemic. Jones, who has asthma, said she struggled to breathe during games and practices, when she was required to wear a mask.

Two nurses spoke against SB 1023, noting that the state does not require any school vaccinations. (Idaho has some of the highest immunization opt-out rates in the nation, and, consequently, some of the nation’s lowest childhood immunization rates.)

Tasha Hussman, a Boise school nurse, says the schools make sure parents know about their right to seek a vaccination exemption. But she also says nurses try to provide reliable data about measles and whooping cough cases. “This bill ties my hands behind my back.”

Several business lobbyists testified against the bill, saying it overrides the compromise language from the 2023 law. Alex LaBeau, executive director of the Idaho Association of Commerce and Industry, said the new language would leave employers subject “to the whims of their employees.”

Fred Birnbaum of the Idaho Freedom Foundation spoke in favor of the bill, arguing that “the experience of what happened with COVID” far outweighs any risks from SB 1023.

The Senate State Affairs Committee voted to send the bill to the Senate’s amending order. Any senator can propose any changes to a bill that is up for amendment. But committee members talked about changing sections of the bill pertaining to businesses — perhaps reconciling with federal Occupational Safety and Health Administration guidelines.

“We’ll make it the best bill we can make it,” said Senate President Pro Tem Kelly Anthon, R-Rupert.

The committee’s lone Democrat sought to kill the bill, saying it demonized vaccines.

“Sometimes bills just have a flawed basis,” said Sen. James Ruchti, D-Pocatello.

Volleyball resolution heads to Senate floor

Voting on party lines, the Senate State Affairs Committee endorsed a resolution honoring the Boise State University women’s volleyball team.

House Concurrent Resolution 2 does not have any force of law, but it does inject the Legislature into the national debate over transgender athletics. The resolution praises Boise State’s decision to forfeit three 2024 matches against San José State University, which reportedly had a transgender athlete on its roster. But it also calls on the NCAA and the Mountain West Conference to revoke its transgender athletics policies.

The balance of testimony opposed the resolution.

“We must not only love our neighbors, we must protect them,” said Tristan Pinkerton, a transgender individual from Boise.

Grace Howat of the conservative Idaho Family Policy Center testified in favor of the resolution, saying women athletes need protection from “woke ideologues” who put their safety at risk.

The committee sent HCR 2 to the Senate floor; Sen. James Ruchti, D-Pocatello, cast the lone dissenting vote. The resolution has already passed the House.

‘I truly believe that this policy is going to save lives:’ Cellphone bill heads to Senate

After hearing from four high school students — and a tearful appeal from the bill’s sponsor — senators sent a cellphone policy bill to the floor for a vote.

Senate Bill 1032 doesn’t ban cellphones in schools, or establish a statewide policy. It instead gives school districts and charter schools a Dec. 31 deadline to pass a “distraction-free learning” policy. The policy says “student use of electronic communications devices be as limited as possible … during school hours.”

Cellphone policies aren’t unanimously supported — in Coeur d’Alene, for example, more than 1,300 students and patrons have signed petitions opposing a strict district policy. But on Wednesday, the Senate Education Committee heard nothing but testimonials from three districts that already have cellphone policies: West Ada, Blaine County and Vallivue.

The testimony touched on several recurring themes. The cellphone policies weren’t always popular with students at first. But school leaders said they have seen several benefits: more learning, better engagement and fewer discipline problems.

West Ada student leaders said they have seen the changes firsthand.

Jack Stone, a Rocky Mountain High School student, said he has seen “people changing into new people,” and more student unity than he’d seen before. “We’ve been able to connect with people,” he said. “We’ve been able to bond with people.”

Owyhee High School adopted a cellphone policy at the start of Addilyn Lewis’ junior year.  She was able to focus more on her classes, and with that, her grades improved.

Before Eagle High School required students to store their phones in a vault, they were a constant distraction, student body president Jack Gochnour said. “When it buzzes in (my) pocket … all I’m worried about is what’s on my phone.”

Sen. Treg Bernt, R-Meridian, said his bill would do more than reduce distractions. He said it will relieve students from the “shackles” of addiction, anxiousness and depression. “I truly believe that this policy is going to save lives,” said Bernt, his voice wavering.

Senate Education voted unanimously to send the bill to the Senate floor, recommending its passage.

House raises community college tuition cap

Rep. Lance Clow, R-Twin Falls

A bill to lift the cap on community college tuition is headed to the Senate.

House Bill 79 would allow the four two-year schools to charge up to $3,250 a year in tuition. The schools have already hit their current cap of $2,500, says Rep. Lance Clow, R-Twin Falls, the bill’s co-sponsor.

The bill also allows community colleges to increase tuition by 10% a year, but bill sponsors say increases would more likely come to about 5% a year.

The bill passed 53-16, over the objections of some House conservatives.

Freshman Republican introduces bill to lift school bonding capacity

A freshman Republican from eastern Idaho is hoping to increase the amount of money that public school districts can borrow. 

Rep. Ben Fuhriman, R-Shelley, Wednesday introduced a bill that would lift school districts’ statutory bonding capacity from 5% to 8% of their taxable market value. 

The cost of building a new high school has increased by 43.25% over the last six years, says the bill’s statement of purpose, and increasing bonding capacity “empowers rural school districts to propose bonds that align with their actual construction needs.” 

Rep. Kyle Harris, R-Lewiston, asked Fuhriman whether the change would increase property taxes. Fuhriman responded, “It will allow some school districts to go out and bond for more than they currently can. But this bill, in itself, won’t raise property taxes.”

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

Kevin Richert and Ryan Suppe

Kevin Richert and Ryan Suppe

Senior reporter and blogger Kevin Richert specializes in education politics and education policy. He has more than 30 years of experience in Idaho journalism. Senior reporter Ryan Suppe covers education policy, focusing on K-12 schools. He previously reported on state politics, local government and business.

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