Idaho
Idaho journalists launch nonprofit to promote government transparency – East Idaho News
BOISE (Idaho Capital Sun) – A new nonprofit is focused on helping Idaho journalists fight for government transparency.
The Idaho First Amendment Alliance, established this year, aims to provide funding for trainings, workshops and court fees for Idaho journalists challenging a public agency’s lack of transparency.
Melissa Davlin, Idaho Reports lead producer and Idaho Press Club president, launched the nonprofit. She told the Idaho Capital Sun the organization will show Idaho journalists are “serious about government transparency,” particularly when a public agency does not comply with Idaho law.
In the last five years, the Idaho Press Club has twice successfully sued government agencies for refusing to provide public records, she said, and both lawsuits took a lot of resources and time.
“Unfortunately, we don’t always have the ability to do that,” Davlin said. “We’ve had to leave some denials unchallenged simply because we don’t always have the funds, the time or the resources to take somebody to court.”
Davlin said her goal is not to take agencies to court, but to help journalists bring transparency to the public.
“As an industry where we are facing so many challenges to the fiscal health of corporate newsrooms and small newsrooms, and trying to figure out what our industry is going to look like over the next 20 or 30 years, I think it’s important that we as a statewide organization are able to provide these tools for reporters,” Davlin said.
Idaho public records denials can only be challenged in court
The only way to challenge a public records denial, an overcharging of fees, or an over-redaction of a record, is to take that public agency to court.
In recent years, Idaho journalists have done so at least three times.
In 2019, an Idaho judge sided in favor of the Idaho Press Club, a statewide association of Idaho journalists, which said Ada County did not properly comply with Idaho public record law. The judge ordered the county to release the withheld information and pay the press club’s court costs, saying that officials “frivolously” and “improperly” denied the requests, the Idaho Statesman reported.
Last summer, the Coeur d’Alene Press successfully sued North Idaho College for denying access to employment contracts. The college denied the newsroom’s public records requests, saying the contracts were “personnel records,” and therefore exempt from disclosure, the Coeur d’Alene Press reported. A Kootenai County judge rejected that reasoning, ruling that the college must provide the records to the Press.
And in 2021, in what resulted in a high-profile lawsuit, the Idaho Press Club successfully sued former Lt. Gov. Janice McGeachin after her office repeatedly refused to fill local reporters’ public records requests, the Idaho Statesman reported.
Longtime Idaho journalist Audrey Dutton told the Sun she has requested hundreds of public records in her career, but said the incident with McGeachin’s office was “so egregious.”
Dutton, as a former Idaho Capital Sun senior reporter, was one of the journalists who requested records from McGeachin’s office. Dutton received significantly redacted versions of the records she requested more than a month later.
“There was no reason to not give us the records we were asking for,” she said. “It was a shockingly poor application of the law.”
Inconsistent understandings of Idaho laws
In addition to her own experience, Dutton said she regularly sees inconsistent understandings from public agencies of Idaho’s public record law.
Dutton is a reporter at ProPublica and a journalism adjunct faculty at Boise State University, where she teaches college students how to request public records.
“Every year I have students file public record requests, and they get back very little,” Dutton said. “They get back denials. They have some agencies that completely ignore them, and some of them get back an incredible wealth of information. It’s just so hard to predict what’s going to happen — which is not how it should be.”
Dutton said she believes there is so much inconsistency when it comes to receiving public records because there is a lack of knowledge about the law across local and state agencies.
However, the Idaho First Amendment Alliance can help bridge that gap and give local journalists the tools they need to do the best at their jobs, she said.
“One of the very frequent reasons that people leave the profession is because they feel like they don’t have the support and the resources that they need,” Dutton said. “It would be great if every newsroom could fully fund court fees, but if we have a third party that can help, then that’s great.”
Retired Idaho journalist and former Idaho Press Club president Betsy Russell said that in addition to a lack of knowledge about Idaho’s freedom of information laws, she believes public agencies may not comply with the laws because they face a lack of staffing or simply forget about the public record request.
“Public records are the evidence of what the government does” Russell told the Sun. “In a free society, citizens have a right to know what their government does, and it’s the job of the journalists to report accurately and fairly to the public.”
Throughout her career on behalf of the Idaho Press Club, Russell has been involved in numerous lawsuits against public agencies that do not comply with Idaho’s open meeting and public records laws.
This includes in 2006 when the Idaho Press Club sued the legislature for closing seven committee meetings in 2003 and 2004. The press club was unsuccessful, the Spokesman-Review reported, but the lawsuit led the legislature to adopt new rules mimicking the requirements of the Idaho Open Meeting Law.
Russell said that in the end, the outcome was good.
“Local news reporters are the watchdogs of local government, and as the ranks of local news reporters have declined all over our country, there is more impunity and less accountability on the part of some local governments,” Russell said. “We want our country to continue to be what we’ve always treasured. And so with fewer eyes and ears watching local governments, it makes sense for journalism groups and openness advocates to come together on a statewide basis to try to spearhead this.”
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Idaho
Idaho angler reels in record 43.25-inch lake trout at Payette Lake
MISSOULA, Mont. — 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.
Idaho
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.
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.
Idaho
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:
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.”
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.
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.
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:
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
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:
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.
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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