Lawmakers are close to settling a monthslong debate over reforms to virtual education. 

The Senate on Wednesday passed policy and budget bills cutting about half the state funding for the Idaho Digital Learning Alliance (IDLA), the state’s online learning platform. 

Senators also approved a budget bill sparing virtual charter schools, including the Idaho Home Learning Academy (IHLA), from the majority of cuts that Gov. Brad Little recommended. 

Lawmakers have for months debated proposals overhauling virtual education, after Little recommended about $33 million in cuts this legislative session. 

On Wednesday, the Senate passed: 

• House Bill 940, which takes an estimated $13.4 million from IDLA through several policy changes limiting the online courses that the state reimburses. The bill now goes to the governor’s desk. Little recommended $10 million in cuts to IDLA.
• Senate Bill 1438, an appropriation bill that implements the cuts from HB 940 while making other policy changes, including capping IDLA’s enrollment next fiscal year. It now goes to the House. 
• Senate Bill 1444, which takes $3 million in discretionary funding from virtual charter schools. Little recommended $21 million in cuts after an audit of IHLA found that the state’s largest virtual charter was giving teacher salary funding to parents, some of whom used the money on non-education purchases.  The bill now goes to the House. 

Here’s how Wednesday’s debates played out: 

IDLA policy changes. The Senate overwhelmingly approved HB 940 — but not without some trepidation. 

Sen. Janie Ward-Engelking said she was “reluctantly” supporting the bill. IDLA’s state funding has grown — 158% since the COVID-19 pandemic — because the Legislature continues to add graduation requirements, she said. Lacking qualified teachers, public schools turn to IDLA to fulfill the requirements. 

“I really am a little concerned about the cuts,” said Ward-Engelking, D-Boise. “I’m hoping that if they are too severe, we come back and adjust it.”

HB 940 eliminates funding for IDLA’s elementary programs and driver’s education. It also prohibits “custom sections,” courses taken by students who are all from a single district, unless the district can’t find a teacher for the course.  

The bill also updates course fees for various IDLA users: 

• Private-schoolers, home-schoolers and public virtual school students would pay the full $445 fee to take an IDLA course. (A separate bill that the Legislature passed Tuesday would allow nonpublic school students to claim the Parental Choice Tax Credit to reimburse an IDLA course.)
• Brick-and-mortar public schools would pay up to $40 for courses that fulfill graduation requirements and at least $100 for courses that don’t fulfill course requirements. 

Senate Majority Leader Lori Den Hartog, R-Meridian, said the bill is “an important course correction” for the platform that’s been around for two decades. “Is this exactly what I would want? No. Is it exactly what those people who’ve been deep in the weeds on this policy might choose to put in a bill? No.”

Sen. Cindy Carlson, R-Riggins, who pushed for deeper cuts to IDLA, opposed the bill along with Sen. Ali Rabe, D-Boise, and Senate Minority Leader Melissa Wintrow. 

Wintrow argued that the deep cuts to IDLA were disproportionate to the lighter touch on virtual charter schools — despite the Office of Performance Evaluations report that “basically alleged fraud” in virtual school funding, she said.  

“That’s not fair,” said Wintrow, D-Boise. “So I don’t want to hear it about this program if we’re not going to do it with that program.”

IDLA budget bill. After passing the IDLA policy bill, the Senate approved a budget bill implementing the cuts — along with some additional policy changes, including one that the Senate Education Committee rejected. 

Senate Bill 1438 includes “intent language” tied to IDLA’s state appropriation for next fiscal year that blocks the platform from drawing on a public school reserve fund if enrollment exceeds its budget. The language prohibiting IDLA from using the Public Education Stabilization Fund (PSEF) effectively caps its enrollment. 

The Senate Education Committee last week considered an amendment to HB 940 that would have barred IDLA from accessing PSEF, but the policy committee advanced the bill without the amendment. 

The budget-setting Joint Finance-Appropriations Committee (JFAC) kept the language in the budget bill, anyway. Early Wednesday morning JFAC rejected a motion that would have allowed IDLA to draw on the state reserve fund if the platform’s own reserves were less than 25% of its budget. 

IDLA had about $7.8 million socked away last fiscal year. After HB 940 cut $13.4 million from its $26 million annual appropriation, these reserves now represent about 62% of its total budget. 

“PSEF would still be frozen until they’ve spent down that cash balance,” said Rep. James Petzke, R-Meridian, who made the motion. 

JFAC voted down it, 8-12, retaining the PSEF restrictions in the budget bill. 

A couple hours later, the Senate approved SB 1438 on a party-line vote. 

“We have the policy piece in place,” Ward-Engelking said. “We put all the sidebars on. We don’t need this kind of restrictive language in the appropriation bill.”

Senate passes ‘radiator-capped’ teachers’ union bill

After tense debate — and over bipartisan opposition — an eleventh-hour bill restricting teachers’ union activities cleared the Senate.

The bill would prohibit schools from deducting union dues from paychecks, raising teachers’ pay to reflect union expenses, or providing paid time off for teachers to work on union activities. Most of these ideas have circulated around the recycles several ideas that legislators have debated for years, and the House passed a similar bill on teacher union activities earlier this year.

Wednesday’s 20-14 Senate vote came after two days of late-session scrambling, and after a debate that rekindled deep-seated tensions.

The bill’s sponsor, Sen. Brian Lenney, noted that seven other states have already restricted teachers’ union activities. But in Idaho, he said, schools use public payroll systems to collect $4.4 million in teachers’ union dues, including $1.1 million that goes directly to the National Education Association. “We’re playing catchup,” said Lenney, R-Nampa.

On Wednesday, Idaho Education Association spokesman Mike Journee said the cost of using payroll systems to collect dues is minimal.

Supporters also questioned whether teachers’ unions represent the majority of rank-and-file educators.  The IEA has long declined to release its membership numbers.

“This isn’t an anti-teacher bill,” said Sen. Ben Toews, R-Coeur d’Alene.

Opponents saw it far differently — and painted the bill as such.

Sen. Janie Ward-Engelking, a retired educator, said she has heard from hundreds of teachers who have asked her why the Legislature actively hates public education. “I don’t have an answer for them,” said Ward-Engelking, D-Boise, drawing an objection from Lenney.

Sen. James Ruchti, D-Pocatello, said the bill marked a continued attack on public education — over the vocal protests from several senators.

Lt. Gov. Scott Bedke, the Senate’s presiding officer, interceded on Ruchti’s behalf. “That’s his view of the world,” Bedke told senators. “Yours is obviously different.”

After the exchange, Ruchti continued on his line of debate. “This is a continued assault on education, and public education in this state.”

Soon after, Senate President Pro Tem Kelly Anthon rose to condemn the tone of the debate — rebuking Bedke, a fellow Republican, for allowing personal debate. “We need to stick to the bill,” R-Rupert.

Bedke said Anthon’s concerns were noted.

The debate also circled around the process that brought the union bill to the Senate floor in the first place.

Nearly a month ago, the House passed a version of a teachers’ union bill. Sen. Dan Foreman, chair of the Senate Commerce and Human Resources Committee, refused to give a hearing to this proposal, House Bill 745, over the objection of fellow Senate conservatives.

On Monday, bill supporters took another tack. Lenney inserted language similar to HB 745 into a second education bill, House Bill 516, a stalled proposal on LGBTQ+ instruction. The amendments stripped out the original bill in its entirety. The legislative maneuver is called “radiator capping” — akin to overhauling a car and leaving only its radiator cap intact. Monday’s motion to amend the bill passed narrowly.

A day later, the Senate narrowly rejected a motion to send the bill back to the Education Committee for a hearing — a move that would have delayed the rewritten HB 516, or could have killed it.

“I didn’t like the process that got us here,” said Sen. Todd Lakey, R-Nampa. But Lakey then debated for the bill, saying it would simply keep the IEA’s activities “separate and private.”

The rewritten HB 516 now heads back to the House — which would have to agree to the amendments before voting on the edited version.

Senate approves civics bill 

A far-reaching civics bill cleared the Senate on Wednesday, and it now heads to the House in the waning days — or hours — of the legislative session. 

Senate President Pro Tem Kelly Anthon framed his bill as a way to help students understand the principles of America’s founding as the nation celebrates its 250th anniversary this year. Anthon, R-Rupert, said it would also help the Legislature fulfill a mandate in the Idaho Constitution — educating a populace that “can preserve the republican form of government.”

“I would not normally advocate putting education standards in code, but these are the ones that I think belong in the code,” he said. “And these are the ones that, I think, help us as legislators advance what our constitutional duties are.”

Senate Bill 1336 would codify requirements for how schools teach civics and government, from ideologies and historical documents to the principles that schools should reinforce. For instance, students must by high school graduation “exemplify…prudence, justice, fortitude, moderation and patriotism.” 

The Senate approved several amendments to the bill Monday. One change removed a requirement for a new 8th-grade western civilization course. Another change added entries to a list of “key historical documents” that students should understand. The list will now include documents “emphasizing the fight for abolition of slavery and religious freedom,” Anthon said Monday.

SB 1336 was co-authored by state superintendent Debbie Critchfield’s office and Samual Lair of the Idaho Freedom Foundation, among others.

The Senate passed it Wednesday on a party-line vote. 

Sen. Carrie Semmelroth argued that codifying the civics requirements effectively “freezes” the normal rulemaking process for adopting content standards. This exercise brings together education experts to update standards so they reflect changes in scholarship, workforce needs and instructional practices, said Semmelroth, D-Boise. 

“But by putting standards into code, we essentially make them political artifacts and not educational ones,” she said. 

Semmelroth also criticized an exemption in the bill for charter schools. Charters would be allowed to petition the State Board of Education for an exemption to the bulk of civics requirements based on the school’s “unique mission as outlined in its performance certificate.”

Anthon responded that the charter school provision isn’t an “automatic out.” He also said that a number of “purported experts” came to him with concerns about the bill, and their requests “shocked me to the core.” Anthon said he was asked to remove “the teaching of the meaning of the Liberty Bell” and “the teaching of certain flags of our nation.”

“There are certain things that should be taught, always, and should not be optional and not be made subject to any expert opinion otherwise,” he said. 

‘Secretive transitions’ bill heads to governor

With limited debate — but some procedural drama — a “secretive transitions” bill cleared its final legislative hurdle.

It now goes to Gov. Brad Little’s desk.

The House passed an amended version of House Bill 822, which would penalize schools that fail to inform parents if their child requests to use a pronoun, name or restroom that doesn’t align with their birth sex.

Schools would face a 72-hour deadline to inform parents. Parents would be able to seek civil damages against a school employee, and the attorney general’s office could pursue additional damages of up to $100,000.

During brief House debate, Minority Leader Ilana Rubel said the penalties could drive teachers and care providers out of the state. “This is not doing the parents of our state any favors,” said Rubel, D-Boise.

The bill passed 60-9, with Rep. Jack Nelsen of Jerome joining Democrats in opposition.

Rep. Brooke Green, D-Boise, voted in favor of the bill, then asked for the House’s permission to change her vote to no. House leadership deemed her request out of order.
The brief debate was a stark contrast to the fireworks that unfolded on the House floor three weeks ago. After lawmakers overwhelmingly passed the bill, mostly along party lines, GOP leadership blocked Democrats from submitting a “minority report” in objection.

Community schools resolution survives hardline pushback

The House Education Committee gave the community schools model a less-than-enthusiastic endorsement.

On a 7-5 vote, the committee passed an informal resolution that hails the model as “a proven, community-based framework for strengthening student success and supporting families across Idaho.”

But that vote only came after a far-ranging discussion of the state’s 65 existing community schools, the federal funding for the program — and the proper role of the education system.

Community schools, and wraparound social services for students, could be taken to an extreme, said Senate Education Committee Chairman Dave Lent, R-Idaho Falls, the resolution’s sponsor. But Lent also said schools are at risk of “becoming daycares” for troubled children — and community schools provide parents with the support they need to help their kids. “At some point you have to be able say, ‘Let’s help them,’” Lent said. “It’s local control, community-driven.”

Rep. Soñia Galaviz, a Boise Democrat and a teacher at Boise’s Whittier Elementary School, cited her 14 years’ experience with community schools. Each community school is different, she said, because each school is tailored to what local families need. “They truly become a neighborhood hub with essential services.”

Idaho’s community school program has faced pushback at the federal level. Late last year, President Donald Trump’ administration spiked former President Joe Biden-era community schools grants for 19 states, including Idaho. The White House reinstated Idaho’s $45.9 million grant in late December, satisfied that Idaho was not using its money to promote diversity, equity and inclusion programs.

“We were the only state of the 19 that had a reinstatement of the grant,” state superintendent Debbie Critchfield said.

The Trump administration’s blessing did little to soothe committee hardliners, who labeled community schools as anti-family. Committee Chairman Dale Hawkins, R-Fernwood, said the community schools model is modeled after the Core Collaborative, a California group that promotes Marxist views.

Saying community schools enable a “slippery slope of dependency,” Rep. Clint Hostetler tried to convince the committee to vote down the resolution.

“I know it’s just a statement, but it’s a statement I’m a little uncomfortable making,” said Hostetler, R-Twin Falls.

The resolution now goes to the full House.

Senate passes education budget bills

On Wednesday — the 80th legislative day of the session — the Senate finally released a $2.77 billion “maintenance” budget for K-12 public schools that had been held captive on its calendar for weeks. 

Senate Bill 1362 passed on a 21-13 vote and goes to the House. 

The fiscal year 2027 budget is roughly equal to what K-12 received for the current fiscal year. But the total appropriation will be closer to $2.75 billion after accounting for cuts to virtual education. 

Keeping K-12 whole amid broader cuts to most other agencies — including higher education —was one of state superintendent Debbie Critchfield’s priorities this legislative session. Still, even a flat state budget is effectively a cut as the costs to operate schools increase. 

Sen. Janie Ward-Engelking gave an impassioned speech against the budget Wednesday, arguing that it doesn’t “keep the lights on,” as “maintenance” budgets are designed to do. She listed all the ways state funding for public schools is falling short: A $100 million gap for special education, a $67 million gap for health insurance and $181 million in proposed bonds and levies that would make up the difference between costs and state funding. 

“As a lifelong educator, I’ve dedicated my life to making sure every single child has an opportunity to succeed,” said Ward-Engelking, D-Boise. “I care deeply about this budget, and it may be the one time in my life I can’t vote for an education budget.”

Education for the deaf and the blind. The Senate approved an additional $356,300 for educational services for the deaf and the blind.

The bill passed on a 21-14 vote, and goes to the House.

It includes some “enhancement” line items for next year’s agency budget — including $213,000 to replace a bus and van at the Idaho School for the Deaf and the Blind’s Gooding campus.

The budget does not include a $108,000 request for staffers at a new dorm at the Gooding campus — a building that would be ready to open next spring. Without staff, the $6 million dorm might not open before July 1, 2027, the start of the 2027-28 budget year.

However, the 2027 Legislature could fund the positions through a supplemental spending bill next year, said Sen. Cindy Carlson, R-Riggins, the budget bill’s floor sponsor.