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Analysis: Through inaction, the Legislature makes Idaho’s special education crisis even worse

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Analysis: Through inaction, the Legislature makes Idaho’s special education crisis even worse


Idaho’s special education budget crisis will almost certainly be worse in 2026.

Because of what the 2025 Legislature did — and didn’t do.

Lawmakers weren’t going to fix this problem overnight. But instead of addressing it, they neglected it, kicking an $82.2 million can down the road for one more year.

And what’s more, lawmakers had the kind of hard numbers and solid evidence they say they look for — in the form of a detailed report from their own oversight group.

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The Office of Performance Evaluations report delivered a strong indictment of the state’s K-12 funding formula — which, for all of its complexities, essentially delivers money based on student attendance.

“The state’s funding formula does little to adapt to the specific challenges districts face,” the report said. “As a result, some districts, regardless of size, may struggle to secure resources to meet their students’ educational needs.”

And with special education, part of the problem comes back to a false assumption and a lowball estimate.

The funding formula assumes about 6% of Idaho students are in special education, and boosts funding to match. But in truth, about 11% of Idaho students are in special education, nearly 33,000 students.

So Idaho does spend more per special education student, about 20% more, but neighboring states spend much more. Oregon spends 73% more per special education student, the OPE report says. Washington spends 106% more. Utah spends 143% more.

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And it isn’t just that Idaho isn’t keeping up with its neighbors. It isn’t keeping up with its needs.

In 2023, Idaho’s $336 million in special education spending came from a patchwork of sources — including federal funding and the state’s funding formula. But the feds and the state don’t cover everything, leaving local schools to use voter-passed supplemental property tax levies and other sources to cover the rest. That gap, according to the OPE report, comes in at $82.2 million.

The OPE’s report had been in the works for almost a year. But the timing of its March 7 release seemed fortuitous, at least at first.

At the time, the House was poised to take an incremental step on special education. House Bill 291 proposed a $3 million fund to reimburse schools with “high-needs” students — students that need a full-time ASL interpreter or aide, for example. Schools could receive a maximum of $100,000, for costs they are scrambling to cover.

On March 12, five days after the release of the OPE report, the House passed HB 291. The margin couldn’t be closer. The bill passed, 36-34, over the objections of all four members of GOP leadership.

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But on March 25, the Senate rejected the high-needs fund, on a 17-18 vote. Six of the eight Senate Republicans on the Joint Finance-Appropriations Committee voted no.

Some opponents actually used the OPE report as an argument against HB 291, saying the $3 million program would inevitably swell to $82 million. That argument fundamentally misinterpreted the purpose of the high-needs fund — a narrow plan to reimburse costs of at least $15,000.

The high-needs fund — one of state superintendent Debbie Critchfield’s top priorities, endorsed by Gov. Brad Little — might have been a new concept to Idaho legislators. But lawmakers had no such excuse when it came to revamping Idaho’s aging, 1994 vintage K-12 funding formula.

This year’s stabs at addressing the formula were in play when the OPE report came out. Senate Bill 1096, Critchfield’s preferred version, would have moved about $400 million of school funding into a weighted formula to address student needs. (Special education students would have qualified for the biggest of the weights, a 150% per-student increase.) House Bill 279 — a slow-rolling competing bill from Rep. Wendy Horman, R-Idaho Falls, contained no weights. Instead, it offered a pledge to address the idea in a future legislative session.

Still, nothing new here. Education leaders and elected officials — including but by no means limited to Critchfield and Horman — have been talking about rewriting the formula for nine years. All to no avail.

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Sen. Dave Lent, R-Idaho Falls (Brandon Schertler/Idaho EdNews)

On March 18, the Senate actually passed SB 1096. This 20-15 vote was no small breakthrough, marking the first time either house has passed a funding formula rewrite. But the House never heard SB 1096 or HB 279.

“I was disappointed again,” said Senate Education Committee Chairman Dave Lent, R-Idaho Falls, a veteran of the funding formula fight, and a supporter of SB 1096. “I thought this year we had a good piece of legislation. … My disappointment is we couldn’t get it through the House.”

Lent believes that the long-term answer to the special education crisis is a new funding formula, and he might be right. But Lent also floated and dropped a short-term fix. Pushing his own version of a private school bill, Lent proposed putting a separate $30 million into special education. He yanked this language from the bill — and the idea never surfaced again.

But when it comes to the funding formula, the OPE report should have given lawmakers a call to action. The report pointed out that there’s nothing new about spending some additional money to support special education students — as well as English language learners, low-income students and other high-need demographic groups. “In comparison to neighboring states, Idaho’s school funding formula contains fewer or weaker adjustments for district and student characteristics.”

Rough translation: Do better.

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The needs cut across several demographic groups. But the situation is all the more urgent for special education — funded, to no small degree, by Uncle Sam. State officials, including Critchfield, hope the second Donald Trump administration will provide states full federal funding, in no-strings-attached block grants. And Trump has pledged to continue to fund special education. But, as the Hechinger Report covered in detail this week, Trump’s pledge to dismantle the federal Education Department casts even more uncertainty over special education.

What happens on Capitol Hill is beyond the Legislature’s control. But the Legislature had their own chances to address special education this year, and didn’t.

Unwittingly, the Legislature might have even made matters worse.

Rep. Monica Church, D-Boise (Brandon Schertler/Idaho EdNews)

House Bill 93, Idaho’s controversial private school choice law, offers tax credits of up to $5,000 per student or $7,500 per special needs student. Rep. Monica Church — a Boise public school teacher — says she’s already hearing from her district. More parents are asking their neighborhood schools to run special education screenings on their kids, to see if their families qualify for the $7,500 credit.

In the long run, Church worries that these students will qualify for special education, but remain in public schools that are mandated to provide special education. In the short run, the school districts are incurring the cost of special education screenings.

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“It is an unintended consequence,” said Church, D-Boise. “The cost on the front end, we’re bearing right now.”

Another consequence in a session of consequences.

Kevin Richert writes a weekly analysis on education policy and education politics. Look for his stories each Thursday.



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Idaho angler reels in record 43.25-inch lake trout at Payette Lake

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Idaho angler reels in record 43.25-inch lake trout at Payette Lake


An Idaho Falls angler is back in the Idaho record books after landing a record-setting lake trout at Payette Lake.

Idaho Fish and Game said Dylan Smith caught and released a 43.25-inch lake trout on May 2, setting a new state catch-and-release record for the species. The fish surpassed the previous record of 42 inches.

The catch marks Smith’s second appearance in Idaho’s record books. He previously held the state catch-and-release lake trout record after landing a trophy fish in 2018 before that mark was later broken.

According to Fish and Game, Payette Lake has become one of Idaho’s premier lake trout fisheries thanks to years of management efforts aimed at improving both lake trout and kokanee populations.

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Boise’s North End finds new way to mark Pride after Idaho law halts flag display

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Boise’s North End finds new way to mark Pride after Idaho law halts flag display


Pride Month looks different this June along Boise’s Harrison Boulevard, where a long-standing tradition of hanging Pride flags on lamp posts has been put on hold after a new state law restricted which flags can be flown on government property.

For several years, Pride flags lined lamp posts along Harrison Boulevard in Boise’s North End neighborhood. But Idaho House Bill 561, signed by Gov. Brad Little in March, restricts which flags can be flown on government property, including the City of Boise’s Harrison lamp posts.

In response, a group of neighbors formed Pride North End and launched a distribution effort to help residents show support from their own front yards. The group has been making Pride flags and yard signs available to people who want to display them at home.

“I thought that I would…be a personal example of ‘yes, this is what I do.’ This is what I believe in,” said Edna Schochat, a North End resident.

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Pride North End has already distributed more than 900-yard signs and 250 flags. The group’s original donation goal was around $2,000 to order 100 flags and 200 yard signs, but it has exceeded that GoFundMe goal, reaching $10,000 worth of donations.

The group plans to continue holding public flag and sign distributions through the end of the month.

“We cannot just say something without doing something that proves that we mean what we say,” Schochat said.

Pride North End said any leftover funds after materials are distributed will go to local LGBTQ+ nonprofits. A link to the group’s GoFundMe can be found here.



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New Idaho education laws: What students, parents and educators should know

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New Idaho education laws: What students, parents and educators should know


July 1 isn’t just the start of a new fiscal year for Idaho public schools. It’s also the effective date for many new education-related laws.

From mandatory moments of silence to restrictions on taxpayer funding for teachers’ unions, the Legislature enacted a slew of new policies affecting public schools during this year’s session.

Here’s what educators, parents and students should know:

School trustees, administrators and teachers

Here are the new laws that will affect school trustees, administrators and teachers:

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Union activities. Public schools can no longer use taxpayer resources to accommodate teachers’ unions — including by giving teachers paid time off for union “activities” or by using payroll systems to deduct union dues.

The list of union “activities” in House Bill 516 is long. Among other things, it includes:

  • Supporting or opposing candidates for office
  • Influencing legislation
  • Promoting union membership 
  • Participating in the “administration business or internal governance” of a teachers’ union
  • Preparing, conducting or attending a union event 
  • Distributing union communications 
  • Speaking on the union’s behalf
  • Engaging in union negotiations
  • Filing a grievance on behalf of the union

A school district can’t give teachers paid time off to participate in these activities, unless the union reimburses the district.

HB 516 was based on a report from the Washington-based Freedom Foundation, an anti-union think tank, which alleged that public schools have spent more than $1 million subsidizing teachers’ unions.

The bill also prohibited districts from:

  • Deducting union dues through payroll systems. 
  • Increasing teacher pay to cover union dues. 
  • Requiring that teachers meet with the union.
  • Sharing employees’ contact information with the union. 
  • Communicating on the union’s behalf.  

Civics instruction. Public schools must now ensure that their civics instruction aligns with a law aimed at cultivating the “virtue and knowledge necessary for self-government.”

Senate Bill 1336 codified nearly four pages of requirements for civics instruction. By the time public school students graduate, they must exemplify the virtues of “prudence, justice, fortitude, moderation and patriotism” while understanding the “fundamental principles of the nation’s republican form of government” along with the “history, meaning, significance, and effect of key historical documents.”

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Click here to read the list of principles and texts that students must understand.

The bill also required that high school students complete two credits in American history and two credits in American government. These classes must include instruction on the American Revolution and founding along with instruction on the incompatibility of totalitarianism with the principles of American government.

The bill also “encouraged” public schools to display historical portraits of George Washington “in a conspicuous place” in each classroom where civics is taught.

Public charter schools can request an exemption from many of the new requirements. Traditional public schools cannot.

Lastly, the bill pushed back the implementation date for a new civics test that the Idaho Department of Education is writing. The new test will be required in 2027-28, rather than during the upcoming school year.

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High-needs funding. Public schools are now eligible to receive up to $100,000 in state funding for “high-needs” special education students.

Senate Bill 1288 set aside $5 million for students who require full-time staff support or specialized equipment. Districts can apply for the state funds to cover students whose individual education program-related costs exceed $30,000 annually.

The state will fully reimburse costs between $30,000 and $80,000. Costs above $80,000 will be reimbursed at 80%, and reimbursement is capped at $100,000. Forty percent of the state funds are reserved for rural schools.

Sexual abuse reporting. School districts are no longer allowed to conduct an internal investigation of abuse in lieu of reporting an incident to law enforcement.

Sen. Tammy Nichols, R-Middleton, proposed the law in response to sexual abuse complaints against Gavin Snow, a former special education assistant in the Boise School District.

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Senate Bill 1412, which passed with unanimous support, also requires that school districts ask job applicants for sworn statements disclosing pending or prior investigations, resignations during investigations or disciplinary action stemming from misconduct. An applicant who lies in the disclosure is no longer eligible for the job.

Funding flexibility. Public school districts and charter schools are now eligible for flexibility in how they spend state funds — if they meet performance benchmarks.

To qualify for the “earned autonomy,” districts would have to post high marks on test scores and graduation rates while charters would be graded on academics and financials.

House Bill 883’s sponsors estimated that about 10 districts and 15 charters would qualify.

Parents

Here are the new laws that parents should be aware of:

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Social transition reporting. Parents will now have a right to be notified if their child identifies as a different gender at school. Schools could face a six-figure penalty for failing to comply.

House Bill 822 requires that public school officials notify parents within 72 hours if their child requests help with “social transitioning.” This includes when a student asks to go by a different pronoun or use a bathroom or participate on a sports team that doesn’t align with their birth sex.

Sponsored by Rep. Bruce Skaug, R-Nampa, the law gives parents the right to sue a school or healthcare provider for relief and monetary damages if they aren’t notified within the 72-hour window.

The attorney general can also seek a civil penalty up to $100,000.

Rep. Bruce Skaug, R-Nampa

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Virtual school policy. Parents of virtual-school students will have new restrictions on money they receive to cover the costs of home learning.

After a state report last year found examples of taxpayer money being misused, lawmakers added limits on “supplemental learning funds.” According to House Bill 624, this money can only be spent on “eligible educational expenses, including:

  • Computer hardware, internet access or other devices used to meet a student’s educational needs. 
  • Textbooks, curricula or other instructional materials, including educational software.
  • Fees for standardized tests, advanced placement exams, certificate exams or college admissions exams. 
  • Therapies, including behavioral, physical, speech-language and audiology therapies, along with other State Board of Education-approved services. 

In addition to the rules around supplemental learning funds, HB 624 added reporting requirements for private vendors that contract with virtual schools. Vendors must disclose the costs and services they provide while demonstrating a “clear relationship between the public funds received and the services provided.”

Military preference on charter waitlists. Active-duty military parents could be eligible for preference on charter school waitlists.

Lawmakers passed a bill that allows charter schools to place children from military families third among categories of students given preference on waitlists. It’s up to each charter school whether they implement the change.

Students

Here are the new laws that students should know about:

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Moment of silence. Public school students will now have to start each school day with a moment of silence.

They can use the 60 seconds however they want — to reflect, meditate or pray — but they must be silent, and “no other activities shall take place,” according to House Bill 623.

Sponsored by Rep. Bruce Skaug, R-Nampa, the law requires that a moment of silence occur “at or near the beginning of each school day.” It prohibits teachers from instructing students on the “nature of any reflection” they might engage in.

School leaders also must notify parents about the moment of silence and “encourage” them to “provide guidance” to their children on how to use it, according to the law.

Idaho Launch cuts. Less state aid will be available for students going to college after they graduate in 2027.

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For the current fiscal year and next fiscal year starting July 1, state lawmakers — with Gov. Brad Little’s approval — cut $10 million from Idaho Launch. The program offers high school graduates $8,000 to spend on an in-state higher education degree or workforce training certificate.

While the award amounts will remain the same, the state now has $65 million in scholarship money to dole out, compared to $75 million in previous years.

IDLA cuts. Fewer students are eligible to take discounted courses through the state’s online learning platform, the Idaho Digital Learning Alliance (IDLA).

House Bill 940 cut funding for IDLA’s elementary program, limiting the platform to students in grades 6-12. The bill also cut driver’s education, and eliminated state funding for students attending all-virtual schools and non-public schools — although private- and home-schoolers can pay IDLA’s full course fee and seek reimbursement through the Parental Choice Tax Credit.

HB 940 also set new fees for courses that are eligible for state funding. Courses that satisfy a graduation requirement are $40, while courses that don’t meet a graduation requirement are $100.

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