Things are heating up as we wrap up the third week of the Legislative Session. This week, the Joint Finance-Appropriations Committee (JFAC) began grappling with how to conform to the new federal tax cuts included in the One Big Beautiful Bill Act. While the budget dominated many conversations, both the House and Senate Education Committees moved forward with key policy bills regarding bullying reporting, artificial intelligence, and administrative hiring.
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The "One Big Beautiful Bill" & The New Conformity Path
Discussion of how and when Idaho should align its tax code with the federal One Big Beautiful Bill Act heated up this week with the introduction of HB 559. This bill, an amended version of HB 519 introduced by Representative Ehlers earlier this session, is now the primary vehicle for "conformity." Despite the budget pressure, HB 559 retains a retroactive application date of January 1, 2025. This could result in up to $284 million in lost revenue this year—a tall order for an already overstretched budget.
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The "K-12 Shield" is Slipping
Earlier this week, JFAC leadership joined both the House and Senate Education Committees where they reiterated that K-12 would be exempt from the budget cuts being asked of other agencies. However, Thursday (January 29), the situation shifted. JFAC co-chairs have now requested that Superintendent Critchfield provide "reduction plans" explaining how 1% or 2% cuts would affect the public school budget. This is a stark reversal from everything we have been told thus far about keeping K-12 budgets whole.
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ACTION NEEDED
Contact your local legislators. While these cuts are currently being framed as "options" to balance the budget, the inclusion of K-12 in the reduction plans is a major departure, and legislators should be held accountable for keeping their word.
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SB 1227: Standards for AI in Schools
Passed to the floor with a “do pass” recommendation from Senate Education. Testimony was overwhelmingly in favor, including testimony from representatives of the Workforce Development Council, Idaho PTA, and St. Luke’s. The bill does not mandate the use of AI; it emphasizes transparency regarding costs and data collection. ISBA provided written testimony in support.
HB 515: Bullying/Harassment Reporting
Heard on Thursday, January 29, and passed unanimously with a do-pass recommendation. Representative Mathias has spent three years refining this bill to ensure it provides necessary protections and reporting consistency. ISBA testified in support.
This constitutional amendment is awaiting a hearing in State Affairs. If passed, it would remove Section 5, Article IX of the Idaho Constitution regarding the prohibition of sectarian appropriations.
How a Constitutional Amendment works in Idaho:
- Legislature: Must pass both the House and the Senate with a two-thirds majority.
- Public Vote: If passed by the Legislature, the question is submitted to the electorate at the next general election, in this case, November of 2026.
- Ratification: A simple majority of voters must approve the change for it to take effect.
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Additional Legislation to Watch
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SB 1225: Leadership Searches
Senators unanimously approved amendments clarifying that the 10-day “shot clock” only applies to colleges and universities. However, it keeps the change to the public records law that would allow boards to only disclose the name of the “sole” finalist.
HB 510 Correction
Last week, we incorrectly stated that this bill would shorten public records timelines for districts. While it creates an expedited 15-day timeline for the Legislature, this applies only to state agencies, not to public schools. The additional whistleblower protections in the bill do apply to public schools.
This bill would update Idaho’s Open Meeting Law to require public comment during regular meetings for public agencies, including school boards. While school boards are already required to allow public comment during all regular meetings, this bill adds a provision that states that if public comment is offered remotely, the agenda must explain how members of the public can attend and provide comment remotely. If a connection is disrupted and communication via these platforms becomes unavailable, the school board must make every reasonable effort to restore access before continuing the agenda. Additionally, school boards would not be allowed to require public comments to be submitted prior to the meeting. We have concerns about how the required technology component would impact our schools.
This legislation replaces the term "auto-injector" with "delivery system" when talking about local school policies and liability immunity on epinephrine, as nasal spray has become more widely available and is easier to train staff and others for use in an emergency.
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As bills get published this year, we will share information about them weekly through our Capitol Notes Legislative Newsletter and the ISBA Bill Tracker. You can also click here to visit our Advocacy webpage, where you can find old Capitol Notes, the online bill tracker, advocacy documents, and more.
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Budget Deep Dive: The Reality of "Keeping Whole"
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It’s not a secret that the state of Idaho’s budget is facing significant challenges. While we have been told public schools are "exempt," what does "keeping budgets whole" look like in practice?
- Cost of Living: Keeping budgets whole means no increases, which essentially means no increases to account for COLA.
- The Insurance Gap: The OGI (Office of Group Insurance) estimates insurance costs will rise by 26% this year. The Governor’s plan recommends 11-14% increases depending on which plan your district or charter uses.
- Direct Cuts: The Governor’s plan also includes a $10 million cut to IDLA and a $23 million cut to other virtual learning programs.
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Advocacy Corner: Connecting With Legislators
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We know many of you are nervous about talking to your lawmakers, especially if you feel they aren't supportive of public education. Here are a few things to remember:
- Lawmakers are human, just like the rest of us. Try not to be nervous when approaching your legislator; it’s their job to hear you. You are not expected to be an expert by any means, just take in what information you have, and ask the questions that come up for you.
- They represent your communities: While a legislator may not personally support public education, the majority of children in their district attend a public school. This is true in every legislative district in Idaho. They need to hear from the people who live in their communities.
- Ask the simple question: You can simply ask why they were told K-12 budgets would be kept whole, and now they are hearing that a 1% or 2% permanent cut is on the table.
- Your voice matters: As a school board member, you are a locally elected official. You possess the data on how these budget shifts impact the kids in your specific zip code.
Reach out to us if you need help finding a specific data point you'd like to discuss with your lawmaker.
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Capitol Notes Video Update
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On late Thursday evening, Senate Democrats and President Trump have agreed to a deal to possibly avert another federal government shutdown. The agreement would advance spending for many critical agencies, including Education – but would have only temporary funding measures for the Department of Homeland Security to allow for more negotiations. Lawmakers have until midnight Eastern time to pass the bill; otherwise, the government will enter another shutdown. On Wednesday, January 28, the federal government released a fact sheet by the U.S. Department of Education on the Education Freedom Tax Credit, which was authorized in the One Big Beautiful Bill. We are still awaiting official rules from the U.S. Department of the Treasury, but Governor Brad Little did opt in to the program last week. To view the fact sheet, click here.
The Supreme Court heard oral arguments on both the West Virginia v. B.P.J. and Little v. Hecox cases in early January. Both cases challenge state laws that would bar transgender girls and women from participating in girls' and women’s sports teams in public schools and colleges. The Supreme Court is expected to uphold the challenged laws of both cases.
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Are you interested in seeing the progress of ISBA's legislative resolutions since 2018?
Click here to learn which resolutions have become law; which resolutions are still in progress; and which resolutions have stalled.
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ISBA Legislative Platform
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Are you interested in seeing the progress of ISBA's legislative resolutions since 2018?
Click here to learn which resolutions have become law; which resolutions are still in progress; and which resolutions have stalled.
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Who is representing ISBA at the Capitol?
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Misty Swanson
Executive Director
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Quinn Perry
Deputy Director &
Government Affairs
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Katie Russell
Communications & Program Associate
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Katie McInally
Legislative & Communications Intern
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199 N. Capitol Blvd.
Suite 503
Boise, ID 83702
(208) 854-1476
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