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Idaho State Department of Education
Legislative Update – 2021 Legislative Session
All bills from the 2021 Legislative Session can be found on the Idaho Legislature website and education related bills can
be found in the Index under E. Listed below are links to bills of greatest impact or potential impact to school districts and
charter schools, along with the Statements of Purpose and Fiscal Notes for each bill. We have included direct links to a
summary page showing the status of each bill and links to the full text of the bill.
You can find contact information for legislators in the Legislative Directory.
If you have any questions, please contact Marilyn Whitney at mwhitney@sde.idaho.gov or 208-332-6954.
Education
Quick links to this week’s legislative update - *indicates a new bill
H0022 – Public Charter Schools, Funding, Computation (amended)
H0062 – Empower Parents in Education Act, new -- Failed
H0067 – Schools, Authority to Close, Prevent Spread of Disease
H0073 – Local Government, Uniform Accounting
H0106 – Eliminates August Election Date -- Failed
H0111 – Schools, Teacher Contracts, Certification Program
H0172 – Students, Extended learning Opportunities, Credit
H0173 – Bd, School Safety and Security Program
H0174 – School Districts, Teacher Unions, Negotiations – Failed
H0175 – Public Schools, Students, In-Person Instruction Option
H0215 – Strong Students Grant Program, Establish (replaced by H0294)
H0220 – Abortion – Use of Public Funds
H0221 – Teacher, Certification, Alternative, LEA-Specific – Failed
H0222 – Bd, Report to Legislature, Teachers/Schools, Strategy
H0226 – Bd, Appropriations, Office of (Pre-school Grant)– Failed
H0247 – Public Schools, No In-Person Instruction, Expenses (replaced by H0293)
H0249 – Sex Education, Human Sexuality Instruction – Failed
H0250 – Advanced Opportunities Program, Eligible Costs
H0280 – Teachers, Out-of-State and Private School, Endorsements
H0293 – Ed Expenses, Parents, Reimbursement – Failed
H0294 – Strong Students Grant, Scholarship – Failed
H0298 – Immunizations Opt- Out Notification
H0329 – School Clubs and Organizations – Failed
H0353 – Public Schools Appropriation – Administrators Division
H0354 – Public Schools Appropriation – Teachers – Failed
H0355 – Public Schools Appropriation – Operations
H0356 – Public Schools Appropriation – Children’s
H0357 – Public Schools Appropriation – Central Services
H0358 – Public Schools Appropriation -- Facilities
H0372 – Superintendent of Public Instruction Appropriation – SDE
H0377 – Non-discrimination in Public Education
H0385 – Public Schools Appropriation – Teachers
H0386 – Public Schools Appropriation – Operations
H0388 – Public Schools Appropriation – Children’s Program
Idaho State Department of Education | Legislative UpdateIdaho State Department of Education
Legislative Update – 2021 Legislative Session
S1006 – Idaho Literacy Achievement and Accountability Act, new
S1007 – Public Schools, Endorsement and Local Salary Schedule (combined with H0280)
S1039 – Public Schools, Workforce Readiness Diploma, Establish (amended)
S1045 – Advanced Opportunities Program, Non-public Students
S1046a – Public Schools, Innovation Classrooms, Establish
S1052 – Students, Elementary, Flexible Schedules – Failed
S1075 – Kindergarten Jump-Start Program, Establish
S1114 – Students, K-3 Technology-Based Program, Establish
S1115 – Public Charter School Com, Performance/Members/Director
S1116a – Student Possession of Weapons
S1148 – Governor, Office of, STEM Action Center, Appropriations
S1154 – Bd, Appropriations, Career Technical Education Division
S1213 – Superintendent of Public Instruction Appropriation - SDE
H0175 – Public Schools, Students, In-Person Instruction Option
This bill was approved in the House Education Committee with a do-pass recommendation and will now be sent to the
full House. Please contact your local representatives to show your support for this legislation.
Statement of Purpose
This legislation would help ensure that Idaho’s constitutional mandate to provide a thorough education is met by
providing students with access to in-person instruction where safety requirements can be developed at the local level.
Research shows that most students, particularly those with special needs and elementary students, learn best when in
person, in a structured setting. School districts should attempt, to the greatest extent practical, to provide in-person
instruction to any student whose needs would best be met in that manner.
Fiscal Note
There is no fiscal impact to this legislation.
H0022a – Public Charter Schools, Funding, Computation (amended)
Statement of Purpose
This legislation removes a dated section of the education funding formula in 33-5208. The State Department of
Education identified this section of the code as having an unintended consequence during the pandemic by limiting the
growth in support units for charter schools. More than 5,600 Idaho public school students will be negatively and
immediately impacted unless this bill is passed with an emergency clause and retroactive provision to allow adequate
funding of these students for the current school year. An unprecedented number of Idaho families have turned to
alternative learning models during the pandemic. Virtual options have become critical to continue student learning for
many and will likely remain a viable option for many Idaho families. The support unit cap in 33-5208 was adopted as part
of the general appropriations bill in the 2005 legislative session in response to unexpected approval and opening of a
new charter school that was approved after the state’s budget had been set for the 2005 session and that opened that
fall. Since the time the support unit cap was added to the law, processes and deadlines have been put into place within
the charter school petition process. The limitation imposed by 33-5208 no longer serves the original purpose because
adequate notice is provided for in the charter petition process.
Fiscal Note
For fiscal year 2021 removing the 30 support unit cap will result in 69.33 additional support units, at a total
appropriation increase of $7,662,900. There are two charter schools impacted with the cap: Idaho Virtual Academy and
Inspire Connections charter schools.
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H0062 – Empower Parents in Education Act, New
Statement of Purpose
This legislation, the Empower Parents in Education Act, would create the Nation's most expansive education spending
account program. The average family would be able to use approximately $4,200 on the education they want for their
children. The act would also level the playing field for public schools by maintaining or increasing per pupil funding in
nearly 95% of all public school districts in the state of Idaho. It would maintain or increase the per pupil funding level for
over 85% of all public school students. School districts that see their staff regularly leaving to other more wealthy
districts would have options to be creative in ways to retain their staff. The act allows dollars to follow students so
parents could choose the education opportunities that work best for their children. All laws that would prevent the full
implementation of the program would be void. This bill creates the maximum amount of flexibility for parents, students,
and schools. The Empower Parents in Education Act would be a gold standard in school choice. When parents are
empowered, children win.
Fiscal Note
This legislation would have no impact on the General Fund. This bill redistributes existing state K-12 education
appropriations. Federal funds for public schools are not implicated. Using proposed FY22 budget as a basis, about 95% of
all public school districts and all charter schools would see the same or some level of increase in per pupil funding. This
legislation does not obligate any additional funding from the state, but more efficiently and effectively leverages Idaho's
existing public education general fund education appropriation through a revised funding formula that incorporates
education choice. While current data does not exist on the number of non-public schools students in Idaho, using 8% of
all students choosing non-public schools as a basis, about $72 million in funds would be available to students who
choose to attend private schools.
H0067 – Schools, Authority to Close, Prevent Spread of Disease
Statement of Purpose
This legislation reduces the number of government entities with the authority to close K-12 schools, or otherwise limit
any aspect of school programs or activities to prevent the spread of contagious or infectious disease. Duly elected school
boards representing the parents in a community, including charter school boards of directors are authorized to close
schools. Department of Health and Welfare, district boards of health, and cities shall not have this authority.
Fiscal Note
This legislation does not have any anticipated impact on the General Fund, or any local fund. The bill deals with who
makes decisions regarding school closures.
H0069 – Continuous Improvement Council
Statement of Purpose
This legislation eliminates several non-valued added activities associated with K-12 including reports and unnecessary
bureaucracy. It also drives effectiveness in the aspects of schools that Idaho’s citizens are primarily interested in, and
that is: “are more kids learning to read, are they getting better at math, are more industry certificates being earned in
CTE programs, and so on.”
Fiscal Note
This legislation requires two meetings per year for a committee ran by the Office of the State Board of Education. This
results in a need for an additional $15,000 in the OSBE annual budget.
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Legislative Update – 2021 Legislative Session
H0073 – Local Government, Uniform Accounting – Passed
Statement of Purpose
The purpose of RS 28342 is to provide for the uniform accounting, budgeting, and financial reporting procedures for
counties, cities, urban renewal agencies, and all other local districts. It is the purpose of this act to enable such local
governmental entities and the state controller’s office to provide comparable data by the use of uniform accounting,
budgeting, and financial reporting procedures. It is also the intent of RS 28342 for the financial data of education
providers, as that term is defined in section 33-357, Idaho Code, to be submitted to the state controller’s office to be
correlated to the uniform accounting, budgeting, and financial reporting procedures to enhance public access to the
education providers’ financial data. It is also the intent of RS 28342 to ensure uniform auditing of health district finances.
RS 28342 creates the Committee on Uniform Accounting and Transparency for Local Governmental Entities. The
committee’s primary duty and responsibility will be to cooperatively develop, approve, monitor, and revise, as needed,
the uniform accounting, budgeting, and financial reporting system, and manual, for local governmental agencies RS
28342 directs the controller’s office to publish the resulting uniform accounting, budgeting, and financial information on
the controller’s Transparent Idaho website.
Fiscal Note
Please visit this link to view the full fiscal note.
H0106 – Eliminates August Election Date
Statement of Purpose
Idaho's election laws provide for four possible election dates each year - March, May, August and November. This
legislation would eliminate the August election date. With four dates, the current election calendar provides no time in
which county clerks are not either finishing tasks associated with the last election, preparing for the next election, or
both simultaneously. Eliminating one of these four election dates would provide a window of time in the election
calendar in which the state can take the voter registration system down for planned maintenance, county clerks can
schedule voter registration list maintenance, while also providing an opportunity for the Secretary of State to provide
required training for county clerk election employees.
There are several reasons why this legislation chooses August as the election date to be eliminated. First, it is the only
election at which there are no state or federal elections on the ballot. Second, no taxing districts have access to the
August ballot, apart from school districts, and those only for tax levy elections. And third, by performing the most
thorough voter registration list maintenance at this time, it ensures that Idaho's voter registration lists will be at their
most accurate going into the election at which state, federal, county, and city officials are elected.
Fiscal Note
Eliminating the August election will have a positive fiscal impact for those counties that would otherwise have had to
conduct an election on that date.
H0111 – Schools, Teacher Contracts, Certification Program
Statement of Purpose
Statement of Purpose: The purpose of this legislation is to alleviate confusion between Idaho’s certification laws and
Idaho’s professional contract laws. Many Idaho teachers are seeking their initial teaching certification through a
nontraditional route program. While they are completing their certification program, they are issued a three-year
interim certificate while they complete that program. School districts and charter schools are required to issue contracts
to their professional personnel that are based on the years of service that the employee has served. For instance, there
is a Category 1 contract for the first year, Category 2 for the second year etc. Each of those contracts allow for more due
process rights for the teacher. There is a conflict in the law when the teacher has not completed the three-year non-
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Legislative Update – 2021 Legislative Session
traditional certification program and contract law. After three years, if an employee has not yet completed the interim
certificate program requirements, this legislation would allow school boards to retain employees on a Category 3 annual
contract until they have completed their respective program and are issued a five-year renewable certificate. When the
employee completes the program and is issued their five-year renewable certificate, they qualify for the Professional
Endorsement, thus qualifying for renewable contract status.
Fiscal Note
Fiscal Note: There could be a small impact to the general fund of less than five thousand dollars.
H0172 – Students, Extended learning Opportunities, Credit
Statement of Purpose
Many Idaho school districts allow students to earn credit for learning or work done outside of traditional classrooms.
This bill codifies the practice and provides certainty for students and parents by clarifying that such credit can be earned
in any local district subject to school board discretion. Local school boards will determine how they will implement the
policy and create their own process for allowing students to apply for credit. Examples of credit-worthy activities could
include organized sports, music lessons, internships, trade apprenticeships or military service. Starting in the 2022-23
school year, high school students will also have an avenue to get credit for prior knowledge. Local school boards will
have the discretion to decide how to implement their own policies and processes to allow students to “test out” or
otherwise demonstrate that they have sufficient knowledge to get credit for a course.
Fiscal Note
There is no impact to the General Fund, and school districts can implement this policy with existing personnel.
H0173 – Bd, School Safety and Security Program
Statement of Purpose
This legislation provides for the transfer of the mission, oversight and operations of the Idaho Office of School Safety and
Security from the Division of Building Safety to the Office of the Idaho State Board of Education. This transfer is
necessary as a result of the reorganization of the Division of Building Safety pursuant to Executive Order 2020-10. This
Executive Order did not move the Office of School Safety and Security into the newly created Division of Occupational
and Professional Licenses.
Fiscal Note
The transfer will have no impact on the General Fund. The Office of School Safety and Security transfer is an overall net-
zero budget transfer from the Division of Building Safety budget to the Office of the State Board of Education budget.
H0174 – School Districts, Teacher Unions, Negotiations (failed in Senate Education Committee)
Statement of Purpose
This legislation would give school boards the flexibility to decide whether to engage in collective bargaining with a local
education association. School boards would not be prohibited from entering into negotiations, but state law would not
compel it either. The choice would rest with locally-elected school boards, instead of the state requiring it. School
boards would be able to make the decision based on each districts' individual circumstances and the desires of the
elected board and its constituents.
H0215 – Strong Students Grant Program, Establish (replaced by H0294)
Statement of Purpose
This bill has two parts: Strong Students Grant program and Strong Students Scholarship program. Part One is the Strong
Students Grant Program, which formalizes the Strong Families, Strong Students grant program to help parents meet
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Legislative Update – 2021 Legislative Session
their child’s unique educational needs. Under Part One, students at public schools, charter schools, private schools, or
are home schooled will receive $500 grants per student per year to pay for allowable education expenses. Grants are
available first to families whose Adjusted Gross Income is below $50,000 per year, then to families earning up to
$75,000 and then to everyone else for as long as the funding lasts for that year. Part Two of this bill creates a program to
provide scholarships for a limited number of students who have previously attended public schools but who
subsequently need different options. Qualification standards are the same as for the grant program described above.
Scholarships would be equal to 90 percent of the average amount of state funds appropriated per student during the
prior fiscal year. Parents will be able to access and spend the grant and scholarship funds on behalf of their child for
approved educational expenses through a digital platform. The purpose of the emergency clause is to allow the State
Board of Education time to have the applications available by July 1, 2021.
Fiscal Note
The Strong Students Grant Program requests $30 Million in one-time federal funds and $5 million ongoing state general
funds to include costs to administer the digital platform. This amount would fund up to 70,000 students. The Strong
Students Scholarship Program requests $5 million in ongoing state general funds. The average, per student amount
spent in the 2019-20 school year was $6713. At 90% funding, this bill would grant approximately 800 student
scholarships of approximately $6041. However, 2020-21 school year per student amount will be used when the program
is implemented.
H0220 – Abortion – Use of Public Funds
Statement of Purpose
Ensures taxpayer dollars do not support the abortion industry by prohibiting the expenditure of taxpayer dollars to
abortion providers. It prohibits public contracting or participating in any commercial transaction with an abortion
provider. The legislation also prohibits the use of any public asset or employee to procure, counsel in favor, refer to, or
perform an abortion. These prohibitions apply to all units of government in Idaho including state, county, municipal,
public health districts, and public school districts. Intentional non-compliance is subject to prosecution under the state's
misuse of public funds statute. Medicaid is not implicated in this legislation.
Fiscal Note
There is no cost to any level of government in Idaho associated with this legislation. While specific savings are difficult to
quantify, as a result of lack of data regarding providers of abortion services, it is anticipated there will be financial
savings. In addition, the state will retain the authority to determine the distribution of Federal Title X funds, which may
also ultimately result in a savings to units of government.
H0221 – Teacher, Certification, Alternative, LEA-Specific (failed in Senate Education Committee)
Statement of Purpose
Idaho has a teacher shortage, and the problem is growing, particularly for small and rural schools. This bill would allow
school districts and public charter schools to create local teaching certificates, which will broaden the pool of applicants
and empower local schools to select the candidate that best meets their unique needs. Eligible teachers must meet
certain educational or professional requirements, and the school must agree to provide mentoring and professional
development. A teacher with a local certificate would be limited to teaching within that district or public charter school
and would remain on the residency rung of the career ladder, unless they choose to pursue additional training and
certification.
Fiscal Note
There is no additional cost to the general fund because work required to develop a new certificate would be borne by
each district or charter school and paid for with existing funds. Additionally, the state board of education already
receives funding to issue teaching certificates.
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H0222 – Bd, Report to Legislature, Teachers/Schools, Strategy (amended)
Statement of Purpose
This legislation eliminates several non-valued added activities associated with K-12 including reports and unnecessary
bureaucracy. It drives effectiveness in the aspects of schools that Idaho’s citizens are primarily interested in, and that is:
“are more kids learning to read, are they getting better at math, are more industry certificates being earned in CTE
programs, and so on.” Additionally, this legislation sets up infrastructure so that the legislature, along with the
Governor’s office, the state education agencies, and stakeholder groups, can consider ways to incentivize, encourage,
and recognize high performing teachers and schools in an effort to encourage more schools to use practices that are
highly successful here in Idaho.
Fiscal Note
This legislation requires two meetings per year for a committee ran by the Office of the State Board of Education. This
results in a need for an additional $15,000 in their annual budget.
H0226 – Bd, Appropriations, Office of
Statement of Purpose
This is an FY 2021 supplemental appropriation bill for the Office of the State Board of Education. It provides $5,980,500
for an early childhood education development grant. In January of 2021, the Office of the State Board of Education was
notified that it was the recipient of a federal grant (for birth through five) to support the development of Idaho's early
childhood care and education system. To administer this grant, the Office of the State Board will partner with the Idaho
Association for the Education of Young Children (IDAEYC), a registered 501(c)(3) operating in Idaho.
The Idaho State Board of Education will be the designated state agency to receive the federal grant and work closely
with IDAEYC to ensure the grant is administered to meet the objectives identified in the needs assessment (conducted in
2020). The goal is to provide education resources for children ages birth through five - in multiple formats - and support
locally-controlled, high-quality, and family-focused programs and educators that support the optimal growth and
development of young children.
Fiscal Note
This bill provides an additional appropriation of 0.50 FTP and $5,980,500 ongoing from Federal Funds to the Office of the
State Board of Education for FY 2021.
H0247 – Public Schools, No In-Person Instruction, Expenses (replaced by H0293)
Statement of Purpose
This bill supports full-time, in-person instruction for K-12 students on school premises. If a school is unable to provide
full-time, in-person instruction a parent has the option to withdraw their student to seek an alternative education
solution. The parent or guardian will be provided with a pro-rated reimbursement payment for use on eligible education
expenses to conduct the education of their student.
Fiscal Note
There should be no fiscal impact to the General Fund. This bill may change the distribution of State support from the
school district to the student.
H0249 – Sex Education, Human Sexuality Instruction
Statement of Purpose
This parental rights legislation will codify the right of parents to opt their minor children into classes where the children
will view or discuss materials related to sexuality as defined in this statute. This legislation further clarifies that if the
Idaho Code Sections 33-1608 and 33-1609 are adhered to, teachers will not have to obtain parental consent for children
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to participate in a sex education class dealing strictly with the anatomy and physiology of human reproduction. All other
topics that deal with sexuality, as defined, will require parental opt in.
Fiscal Note
There is no fiscal impact to the General Fund or any local schools because this bill is reversing the means of parental
communication from opting out to opting in.
H0250 – Advanced Opportunities Program, Eligible Costs
Statement of Purpose
The purpose of this bill is to clarify that when students utilize Advanced Opportunities (AO) funding when taking tests,
the exam and costs associated with the exam to be covered by AO include proctor and administrative fees. This bill also
clarifies that the cost of a college admissions test is an allowable AO expense.
Fiscal Note
There is no impact to the general fund. This bill simply clarifies how AO funding may be utilized.
H0280 – Teachers, Out-of-State and Private School, Endorsements
Statement of Purpose
Section 33-1001, Idaho Code, includes a definition of “Salary Schedule.” This definition includes a reference to a
minimum amount on a local district salary schedule. This language has caused confusion with the school districts and
charter schools due to the conflict with the language in Section 33-1004E, Idaho Code, regarding minimum salaries that
must be paid for full time equivalent positions. The legislation would update the definition of salary schedule to align
with the minimum compensation language. Additionally, Section 33-1201A, Idaho Code, was amended to provide for a
streamlined process for instructional staff coming from out-of-state to receive one of the professional endorsements
and be placed on the Career Ladder. This process used existing language regarding individuals coming from a compact
member state. This legislation would provide additional clarification that it would applies to individuals be coming from
a compact member state other than Idaho and adds language allowing individuals with experience working in an Idaho
accredited private school to receive the professional or the advanced professional endorsement in the same manner as
individuals coming from out of state.
Fiscal Note
Any fiscal impact would be de minimis. Section 33-1004B, Idaho Code sets out how salary-based apportionment for
instructional staff and pupil service staff is calculated regardless of the amounts paid out at the local level. HB 523 (2020)
clearly established minimum amounts that must be paid and the time frame those minimums take effect. These new
minimums are tied to the amounts used in the calculation for the applicable years. Likewise, the amendments to Section
33-1201A, Idaho Code, would have no fiscal impact. These amendments would provide clarification in alignment with
the original intent and will not change practice. There is a potential de minimis fiscal impact due to individuals with
private school experience who would be able to be placed on the professional compensation rung or the advanced
professional compensation rung rather than starting on the residency rung.
H0293 – Ed Expenses, Parents, Reimbursement (failed in Senate Education Committee)
Statement of Purpose
This bill supports full-time, in-person instruction for K-12 students on school premises. If a school is unable to provide
full-time, in-person instruction a parent has the option to withdraw their student to seek an alternative education
solution. The parent or guardian will be provided with a pro-rated reimbursement payment for use on eligible education
expenses to conduct the education of their student.
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Fiscal Note
This has no effect on the general fund above the current public schools funding formula. An amount equivalent to the
average per pupil appropriation would be withdrawn from the public schools appropriation and distributed to the
eligible parent for use toward eligible education expenses. The funds distributed to the family for eligible expenses
would be taken from the applicable school district or charter schools public schools foundation payment. Any unused
funds would be returned to the public school fund.
H0294 – Strong Students Grant, Scholarship
Statement of Purpose
Strong Students Grant program and Strong Students Scholarship program. Part One is the Strong Students Grant
Program which formalizes the Strong Families, Strong Students grant program to help parents meet their child’s unique
educational needs. Under Part One, students at public schools, charter schools, private schools, or are home schooled
will receive $500 grants per student per year to pay for allowable education expenses. Grants are available first to
families whose Adjusted Gross Income is below $50,000 per year, then to families earning up to $75,000 and then to
everyone else for as long as the funding lasts for that year. Part Two of this bill creates a program to provide scholarships
for a limited number of students who have previously attended public schools but who subsequently need different
options. Qualification standards are the same as for the grant program described above. Scholarships would be equal to
90 percent of the average amount of state funds appropriated per student during the prior fiscal year. Parents will be
able to access and spend the grant and scholarship funds on behalf of their child for approved educational expenses
through a digital platform. The purpose of the emergency clause is to allow the State Board of Education time to have
the applications available by July 1, 2021.
Fiscal Note
The Strong Students Grant Program requests $30 Million in one-time federal funds and $5 million ongoing state general
funds to include costs to administer the digital platform. This amount would fund up to 70,000 students. The Strong
Students Scholarship Program requests $5 million in ongoing state general funds. The average, per student amount
spent in the 2019-20 school year was $6713. At 90% funding, this bill would grant approximately 800 student
scholarships of approximately $6041. However, 2020-21 school year per student amount will be used when the program
is implemented.
H0298 – Immunizations Opt- Out Notification
Statement of Purpose
This legislation requires school officials to notify parents or guardians of their right to vaccine exemptions. Exemptions
for preschool through grade twelve students exist in Idaho code 39-4802. With the addition of this legislation, any
notifications to parents or guardians regarding vaccinations must include a verbal description of their right to exempt
their child.
Fiscal Note
From this change in statute there is no fiscal impact to the General Fund, any dedicated fund, federal grants, or impacts
to local funds because no expenditure from these accounts is required.
H0329 – School Clubs and Organizations
Statement of Purpose
The bill requires signed parental permission for students to be able to participate in school clubs. It further requires that
the board approve and publish annually a list of all school clubs, advisors and a description of the club and activities
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Fiscal Note
No fiscal impact.
H0353 – Public Schools Appropriation – Administrators
Statement of Purpose
This is the FY 2022 original appropriation bill and FY 2021 supplemental appropriation bill for the Public Schools
Educational Support Program's Division of Administrators. This division provides state support for grades K-12 for
salaries and benefits of administrators (superintendents, assistant superintendents, principals, and assistant principals)
in Idaho's school districts and public charter schools. For FY 2021, the bill provides additional funding for the fiscal
impact of H22aas that lifted the support unit funding cap for public charter schools for FY 2021. For FY 2022, the bill
provides 2% increased funding for administrator compensation and estimated growth of 285 mid-term support units.
This bill restores the reductions made by the Board of Examiner's on July 23, 2020.
Fiscal Note
For FY 2021, the bill provides additional funding for the fiscal impact of H22aas that lifted the support unit funding cap
for public charter schools for FY 2021. For FY 2022, the bill provides 2% increased funding for administrator
compensation and estimated growth of 285 mid-term support units. This bill restores the reductions made by the Board
of Examiner's on July 23, 2020.
See Full Fiscal Note here.
H0354 – Public Schools Appropriation – Teachers
Statement of Purpose
This is the FY 2022 original appropriation and FY 2021 supplemental appropriation bill for the Public Schools Educational
Support Program's Division of Teachers. This division provides state and federal funding support for grades K-12 for
instructional and pupil service staff salaries and benefits, and other programs specific to certificated instructors in
Idaho's school districts and public charter schools. For FY 2021, the bill provides funding as a result of the Legislature
approving H22aas that lifted the statutory cap for support unit growth for charter schools for one year. For FY 2022 the
bill includes statutory-based adjustments including: full funding of $44.9 million of additional money for the career
ladder; $1.7 million for master educator premiums; $408,100 for leadership premiums; and $379,500 for math and
science requirements. This bill fully restores the reductions made by the Board of Examiner's on July 23, 2020.
Fiscal Note
Please see fiscal note here.
H0355 – Public Schools Appropriation – Administrators
Statement of Purpose
This is the FY 2022 original appropriation and FY 2021 supplemental appropriation bill for the Public Schools Educational
Support Program's Division of Operations, which provides state and federal funding in support of the operation of
Idaho's school districts and charter schools, grades K-12. This division includes pupil transportation, salaries and benefits
for classified staff, technology, and discretionary funds that can be used for any educational support services or general
operations. Adjustments to the division from last year include a 2% equivalent funding increase for classified staff; $6.4
million for pupil transportation; $9.4 million for increased discretionary funding based on 325 additional support units;
and $3.1 million for salaries and benefits for 285 additional mid-term support units. The bill also includes additional
funding for school employee health insurance. For FY 2021 the bill provides funding as a result of the Legislature
approving H22aas that lifted the statutory cap for support unit growth for public charter schools for one year.
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Fiscal Note
See the Full Fiscal Note here.
H0356 – Public Schools Appropriation – Children’s Programs
Statement of Purpose
This is the FY 2022 original appropriation and the FY 2021 supplemental appropriation bill for the Public Schools
Educational Support Program's Division of Children's Programs. This division includes programs that provide direct
educational or material benefits to children. It also includes programs that primarily and specifically provide funding for
the separate instruction of identified subgroups of children outside the normal classroom of an Idaho public school.
Funding is provided from both state and federal funds.
For FY 2022: statutory-based adjustments include an additional $9.7 million for advanced opportunities; $1.96 million
for the Idaho Digital Learning Academy; $655,000 for border contracts; and $371,500 for exceptional contracts and
tuition equivalents. The bill also shifts certain costs from state funds to federal COVID-19 relief funds for one year and
the bill provides federal COVID-19 relief funds for public school districts and public charter schools to address costs
associated with the pandemic. Finally, the bill provides a net-total of $20 million for public school districts and public
charter schools to address learning loss as a result of the pandemic; these funds are to be distributed by the Department
of Education. Uses are outlined in the bill and are at the discretion of the school districts and public charter schools.
Fiscal Note
See the Full Fiscal Note here.
H0357 – Public Schools Appropriation – Facilities
Statement of Purpose
This is the FY 2022 original appropriation bill for the Public Schools Educational Support Program's Division of Facilities.
The Division of Facilities includes moneys from the General Fund and funding provided from Idaho Lottery proceeds for
both public school facility maintenance costs and for support of the Bond Levy Equalization Program. This bill provides a
net reduction from FY 2021 with changes of an additional $2.8 million for charter school facilities; a net reduction of
$1.8 million for bond levy equalization support; an increase of $1.5 million for school facilities maintenance match; and a
decrease of $3.2 million for the lottery portion of the maintenance match.
Fiscal Note
See the Full Fiscal Note here.
H0358 – Public Schools Appropriation – Central Services
Statement of Purpose
This is the FY 2022 original appropriation bill for the Public Schools Educational Support Program's Division of Central
Services. This division includes programs and funds that are spent at the state level by the Department of Education for
the benefit of all school districts and charter schools. Funds are primarily used to contract for services and for program
oversight and evaluation. This bill includes an additional $1.3 million for digital content and curriculum from the set-
aside portion of the federal Elementary and Secondary Support Relief Funds (ESSER II).
Fiscal Note
See the Full Fiscal Note here.
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Legislative Update – 2021 Legislative Session
H0372 – Superintendent of Public Instruction Appropriation – SDE
Statement of Purpose
FY 2022 original appropriation bill and the FY 2021 supplemental appropriation bill for the Department of Education.
For FY 2021 Provides onetime funding for the department to 1) support public school districts and public charter schools
with federal COVID-19 relief funds; 2) support non-public schools with federal COVID-19 relief funds; and 3) collect and
assist public schools with data needed for the P-EBT child nutrition program that will provide food stamp debit cards to
low-income students to receive food as a result of the pandemic.
For FY 2022 includes grants to address professional development for disabled children in grades K-3; for addressing
mental health services in rural schools through a pilot project. This bill provides funding for department staff to continue
to assist public and non-public schools with federal COVID-19 relief funds. Provides reappropriation authority for the
non-public schools assistance and child nutrition adjustments appropriated in FY 2021.
Fiscal Note
See the Full Fiscal Note here
H0377 – Non-discrimination in Public Education
Statement of Purpose
Establishes education and fiscal policy for the State of Idaho regarding dignity and nondiscrimination in public education.
Fiscal Note
This bill is a prohibition on expenditure of funds for the purposes described, therefore there is no fiscal impact to the
state general fund or to any local government funds because no expenditure from these accounts is required.
H0385 – Public Schools Appropriation – Teachers
Statement of Purpose
This is the FY 2022 original appropriation and FY 2021 supplemental appropriation bill for the Teachers Division, which
provides state and federal funding support for grades K-12 for instructional and pupil service staff salaries and benefits,
and other programs specific to certificated instructors in Idaho's school districts and public charter schools.
For FY 2021, the bill provides funding as a result of the Legislature approving H22aaS that lifted the statutory cap for
support unit growth for public charter schools for one year (school year 2020-2021).
For FY 2022, the bill includes statutory-based adjustments including: full funding of $44.9 million of additional money for
the career ladder; $1.7 million for master educator premiums; $408,100 for leadership premiums; and $379,500 for
math and science requirements. The bill fully restores the reductions made by the Board of Examiner's on July 23, 2020,
and provides an additional $1 million for professional development services.
Fiscal Note
See the Full Fiscal Note here.
H0386 – Public Schools Appropriation – Operations
Statement of Purpose
This bill corrects language approved by the Joint Finance-Appropriations committee for the Operations Division in H355
regarding classroom technology funds. Portions of language from the 2020 session were unintentionally included in
H355. Language in this bill will replace the language in Section 7 of H355.
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Legislative Update – 2021 Legislative Session
Fiscal Note
There is no fiscal impact to any fund source as this bill provides the correct language to replace Section 7 of H355
regarding classroom technology funds.
H0388 – Public Schools Appropriation – Children’s Programs
Statement of Purpose
This bill provides funding from the federal American Rescue Plan Act (ARPA) for Idaho's school districts and public
charter schools for FY 2022. This includes onetime funding for the Elementary and Secondary School Emergency Relief
Funds (ESSER 3) and onetime funding for existing special education programs as part of the Individuals with Disabilities
in Education Act (IDEA).
The bill also amends Section 33-907, Idaho Code, and restricts the withdrawal of any moneys from the Public Education
Stabilization Fund (PESF) for any moneys appropriated for FY 2022 only. Finally the bill includes a section that
acknowledges the actions in this bill are onetime in nature and for onetime purposes.
Fiscal Note
This bill provides onetime funding of $454,031,900 from the American Rescue Plan Fund for FY 2022. This includes
$439,642,000 for ESSER III funds; $13,233,700 for IDEA Part B grants; and $1,156,200 for special education services for
children aged 4-5 years old. The bill also restricts any withdrawal of moneys from PESF for FY 2022, which will potentially
save state funds for FY 2022 related costs.
S1006 – Idaho Literacy Achievement and Accountability Act, new
Statement of Purpose
Consolidates the current statutory requirements for literacy intervention into a single chapter and to update provisions
in alignment with the Task Force recommendation for focusing more on the importance of having every student reading
at grade level by the end of grade 3 , including, expanding the importance of literacy intervention in the existing
continuous improvement requirements and access to state data on literacy performance. The majority of the
amendments are accomplished through the movement of language from existing sections of code to a new chapter;
additional changes include expansion of the programs who are eligible to participate in the request for approval process
established in the current section 33-1616, Idaho Code, and the Approved Vendor List.
Fiscal Note
There would be no fiscal impact. Funding is currently appropriated for the purpose of increasing literacy intervention for
students in kindergarten through grade 3. Including expanding the importance of literacy intervention in the existing
continuous improvement requirements and access to state data on literacy performance.
S1007 – Public Schools, Endorsement and Local Salary Schedule (combined with H0280)
Statement of Purpose
Section 33-1001, Idaho Code, includes a definition of “Salary Schedule.” This definition includes a reference to a
minimum amount on a local district salary schedule. This language has caused confusion with the school districts and
charter schools due to the conflict with the language in Section 33-1004E, Idaho Code, regarding minimum salaries that
must be paid for full time equivalent positions. The legislation would update the definition of salary schedule to align
with the minimum compensation language. Additionally, Section 33-1201A, Idaho Code, was amended to provide for a
streamlined process for instructional staff coming from out-of-state to be placed on the Career Ladder. This process
used existing language regarding individuals coming from a compact member state. This legislation would provide
clarification that it would be coming from a compact member state other than Idaho.
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Legislative Update – 2021 Legislative Session
Fiscal Note
There would be no fiscal impact. Section 33-1004B, Idaho Code sets out how salary-based apportionment for
instructional staff and pupil service staff is calculated regardless of the amounts paid out at the local level. HB 523 (2020)
clearly established minimum amounts that must be paid and the time frame those minimums take effect. These new
minimums are tied to the amounts used in the calculation for the applicable years. Likewise, the amendments to Section
33-1201A, Idaho Code, would have no fiscal impact. These amendments would provide clarification in alignment with
the original intent and will not change practice.
S1039 – Public Schools, Workforce Readiness Diploma, Establish (amended)
Statement of Purpose
Career technical education programs provide students the opportunity to develop professional and technical skills to
prepare them for workplace readiness. Identifying additional ways for students to demonstrate these skills is important
for employers. The Workplace Readiness Diploma provides districts the ability to provide an additional designation for
graduates who have successfully completed a career technical education program of study and demonstrated
proficiency in the identified areas. This legislation also encouraged districts to explore opportunities to provide math,
English, and other credits to be earned through an applied, CTE program setting.
Fiscal Note
There is little or no fiscal impact to the state or school districts.
S1045 – Public Schools, Innovation Classrooms, Establish
Statement of Purpose
This bill creates a separate version of the Advanced Opportunities program so that Idaho students who attend private
schools have the same chance to “jump start” their futures. The program is narrower than the existing Advanced
Opportunities program. The amount per student is limited to $750 for their four years of high, and the funds could be
spent on dual-credit courses, Advanced Placement and international Baccalaureate exams, CLEP tests and fees for
industry certification. When funding runs out, no more funds would be available that year.
Fiscal Note
Subject to appropriation, asking for $750,000
S1046 – Public Schools, Innovation Classrooms, Establish
Statement of Purpose
This bill creates a framework for parents to request an alternative curriculum within a regular public school if parents of
at least 24 students request such accommodation. The bill lays out the framework, time frames, and issues that need to
be negotiated as well as accountability and funding. The hope is that the innovative classroom will give parents a
stronger voice advocating for the needs of their children while encouraging a working relationship between parents,
teachers, students, and administration. Parental involvement and engagement is a critical factor in student success. As
parents get engaged and take ownership over their own child’s education, outcomes will improve.
Fiscal Note
There is no added cost to this proposal. It exists within the current funding structure.
S1052 – Students, Elementary, Flexible Schedules
Statement of Purpose
This bill creates an optional program that encourages parents to be involved in their elementary child's education and
partner with public school teachers. If an elementary school student can get advanced in their academic studies, the
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Legislative Update – 2021 Legislative Session
parents can negotiate a flexible attendance schedule to supplement the public school curriculum and for other family
activities. The bill explains how schools will not lose funding, determine if the child is advanced, and makes the program
optional to parents and schools.
Fiscal Note
There is no fiscal cost to the education budget or to school districts.
S1075 – Kindergarten Jump-Start Program, Establish
Statement of Purpose
The purpose of the bill is to encourage more parents to bring their young student to the Spring kindergarten screener.
Then, allow school districts to use existing funds to establish up to a four week jump-start program for students that are
not ready for kindergarten.
Fiscal Note
There is no fiscal impact. The bill allows school districts to use existing funds.
S1091 – Bd, Appropriations, Office of, Administration Program
Statement of Purpose
This is an FY 2021 supplemental appropriation bill for the Office of the State Board of Education. It provides $50,000 to
make grants for agricultural research and education programs.
Fiscal Note
This bill provides an additional appropriation of $50,000 in onetime trustee and benefit payments from the
Miscellaneous Revenue Fund to the Office of the State Board of Education for FY 2021.
S1114 – Students, K-3 Technology-Based Program, Establish
Statement of Purpose
This bill directs the department of education to spend 20 percent or $2 million whichever is less to a home-delivered
remediation program if over $26 million is spent on K-3 literacy. This protects the base $26 million that already exists in
the K-3 literacy program; however, a percentage of any added funds will be directed to a different approach to
remediation to get useful data. It is anticipated that federal funds will be made available for remediation in FY2022.
Fiscal Note
This bill does not require added funding. The bill simply states that if funding is increased a percent must be used for an
in-home delivery model.
S1115 – Public Charter School Com, Performance/Members/Director
Statement of Purpose
The Public Charter School Commission is organizationally located within the Office of the State Board of Education., This
legislation would make the Commission it a separate stand-alone agency under the State Board of Education. Agencies
currently under the State Board of Education include the Office of the State Board of Education, State Department of
Education, Career Technical Education, Division of Vocational Rehabilitation and Idaho Public Television. Currently, the
Commission director is an employee of the Office of the State Board of Education. This legislation would authorize the
Commission to appoint and evaluate its own a director, and for the director to hire staff. Currently, the seven
commissioners on the Public Charter School Commission are appointed as follows: three by the Governor, two by the
Speaker, and two by the President Pro Tem. The legislation would amend the appointing authority to make all seven
commissioners appointed by the Governor. The legislation would strike Idaho Code § 33-5209A(3) which allows mission
specific goals to be added in a charter school’s performance certificate. Only three (3) schools make use of this feature
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currently. Two alternative methods for including this type of data already exist through the Commission’s revised
framework and the Commission’s charter renewal application, making this section of code redundant.
Fiscal Note
If enacted, this legislation would result in a lateral transfer of the four positions and budget associated with the
Commission. There would be no fiscal impact to any appropriated funds. The Commission could enter into a MOU with
the Office of the State Board of Education for provision of support services (e.g., human resources, finance, IT).
S1116 – Student Possession of Weapons
Statement of Purpose
This legislation deals with the statutory requirement to expel any student who is found to have brought a weapon onto
a school campus. The amendments are to align with the minimum requirements of the Federal Gun-Free Schools Act,
which provides school boards and administrator’s greater latitude to address students who are facing
disciplinary/expulsion associated with the possession of a firearm or other deadly or dangerous weapon on school
property. Because Idaho’s statute expands the scope of mandatory expulsions to include weapons, there is no latitude
and the school board must expel. This change would align Idaho’s statute with the Federal Gun-Free Schools Act, and
would confirm that a student does not automatically have to face expulsion but that there may be latitude by the school
board to consider appropriate disciplinary action on a case-by-case basis.
Fiscal Note
Because this simply modifies a definition to align with the federal code, there is no known impact to the general fund.
S1148 – Governor, Office of, STEM Action Center, Appropriations
Statement of Purpose
This is the FY 2022 original appropriation bill for the STEM Action Center. It appropriates a total of $5,986,000 and caps
the number of authorized full-time equivalent positions at 6.00. For benefit costs, the bill maintains the current
appropriated amount for health insurance at $11,650 per eligible FTP, extends the holiday for the employer's sick leave
contribution rate for another year, and restores funding for the employer's unemployment insurance contribution rate.
The bill also provides funding for the equivalent of a 2% change in employee compensation for permanent state
employees. The bill funds two line items, which provide a decrease of $74,100 from dedicated funds and shifts $74,100
of General Fund from operating expenditures to personnel costs; and a second, which includes a decrease of $100,000
ongoing from the Miscellaneous Revenue Fund to eliminate a fund no longer in use.
Fiscal Note
Please view the fiscal note here.
S1154 – Bd, Appropriations, Career Technical Education Division
Statement of Purpose
This is the FY 2022 original appropriation bill for the Division of Career Technical Education and appropriates a total of
$84,195,600. For benefit costs, the bill maintains the current appropriated amount for health insurance at $11,650 per
eligible FTP, extends the holiday for the employer's sick leave contribution rate for another year, and restores funding
for the employer's unemployment insurance contribution rate. The bill also provides funding for the equivalent of a 2%
change in employee compensation for permanent state employees. The bill funds eight line items, which provide a net-
zero transfer to realign funding in preparation for LUMA; a second net-zero transfer to realign new CEC in preparation of
LUMA; $647,800 to create apprenticeship opportunities for postsecondary students at Idaho's technical colleges; a net-
zero transfer of the fire safety training program from Dedicated Programs to Postsecondary Programs within the
division; $210,000 onetime for COVID relief funding; $1,000,000 onetime to secondary CTE programs for modernization;
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