Legislative Notebook: Gov. Little to decide if taxpayers should fund private, religious education

Idaho Gov. Brad Little gives a press conference after delivering his annual State of the State address on Jan. 6, 2025, in the Lincoln Auditorium in the Idaho Capitol. (Pat Sutphin for the Idaho Capital Sun)

In an effort to help Idahoans follow major bills, resolutions and memorials through the legislative process, the Idaho Capital Sun will produce a “legislative notebook” at the end of each week to gather information in one place that concerns major happenings in the Legislature and other news relating to state government. To receive the full extent of our reporting in your inbox each day, sign up for our free email newsletter, The Sunrise, on our website at idahocapitalsun.com/subscribe/.

Here is our quick rundown of the major happenings during the seventh week of the Idaho Legislature’s 2025 session.

Seven weeks ago, Idaho Gov. Brad Little stood before state lawmakers, the state’s constitutional officers and the public and addressed, head on, one of the biggest issues expected to come before the Idaho Legislature during the 2025 legislative session.

Would Idaho, after several years of failed attempts from conservative legislators, allow state taxpayer dollars to fund private, religious and home schooling expenses like tuition, tutoring and other costs?

In his State of the State address on Jan. 6 in the Idaho House chambers at the Statehouse in Boise, Little said he recognized the growing desire in Republican circles to expand what is colloquially known as “school choice” in the Gem State. 

“I am recommending $50 million to further expand education options for Idaho families,” for the fiscal year 2026 state budget, he told the crowd.

But that recommendation came with a caveat – one that may very well be tested as he considers House Bill 93, which on Wednesday cleared its final legislative hurdle before it heads to the governor’s desk. The bill provides a refundable tax credit up to $5,000 for a parent of homeschooled or private school students to pay for expenses including tuition and fees, tutoring, textbook costs, curriculum and transportation. The refundable tax credit is increased to $7,500 for special needs students.

But during his address, Little said any bill that the Legislature considers should include accountability measures for the funding.

Little hasn’t offered much since then about what he means, exactly, by “accountability in government” when it comes to this legislation. 

But the bill itself makes it clear that the state will not be able to regulate private or religious schools, through test scores, curriculum or otherwise.

“The provisions of this section shall not be construed to permit any government agency to exercise control or supervision over any nonpublic school or to give the state authority to regulate the education of nonpublic school students,” the bill states. “ … A nonpublic school shall not be required to alter its creed, practices, admissions policy, or curriculum in order to accept students whose payment of tuition or fees stems from a refundable tax credit under this section.”

The bill was ordered by the Legislature to be transmitted to the governor’s office, and he received it Friday. The Idaho Constitution says the governor has five days – not counting Sundays – after the bill has been presented to him to act on legislation. Little then has three options: to sign it into law, to allow the law to go into effect without his signature or to veto the bill. 

Little has until Feb. 27 to act. On Friday, the Idaho Press reported that “the main phone number for Little’s office, 208-334-2100, included an option to submit feedback on whether he should veto the bill.”

Idahoans can track bills that reach the governor’s desk on his website.

• House Bill 304: Cosponsored by House Majority Leader Jason Monks, R- Meridian, and other GOP legislators, the bill is a new version of House Bill 74. The bill shifts $50 million in revenue from the state’s sales tax from the general fund to the state’s School Facilities Fund and shifts another $50 million in revenue from the state’s sales tax from the general fund to the state’s Property Tax Relief account. The House Revenue and Taxation Committee sent the bill to the full House. It may be considered in the coming days of the session.
• House Bill 138: Sponsored by Rep. Jordan Redman, R-Coeur d’Alene, the bill would require the state to make 11 Medicaid policy changes or repeal Medicaid expansion — a law passed by Idaho voters via ballot initiative in 2018 with nearly 61% of the vote. The Idaho House voted 38-32 on Wednesday to pass the bill. It may be heard by the Senate Health and Welfare Committee in the coming days of the session.
• House Bill 37: Sponsored by Rep. Bruce Skaug, R-Nampa, the bill would make death by firing squad the primary way of administering the death penalty in Idaho. The Senate Judiciary and Rules Committee voted on Wednesday to advance the bill to the full Senate. It is on the Senate’s third reading calendar and may be considered in the coming days of the session.
• House Bill 26: Sponsored by Idaho State Treasurer Julie Ellsworth, the bill would allow people with disabilities to establish ABLE accounts. “ABLE,” an acronym for Achieving a Better Life Experience, allows people with disabilities who collect Social Security Income to save money for future qualifying needs, such as transportation, housing or medical expenses. The Senate Health and Welfare Committee voted on Wednesday to advance the bill to the full Senate with a recommendation that it pass. It is on the Senate’s third reading calendar and may be considered in the coming days of the session.
• Senate Concurrent Resolution 103: Co-sponsored by Sens. Ali Rabe, D-Boise; Ben Towes, R-Coeur d’Alene; Carl Bjerke, R-Coeur d’Alene; and Rep. Jordan Redman, R-Coeur-d’Alene; the resolution would establish a bipartisan working group to study housing availability and affordability, as well as land use regulations that affect housing. The House Local Government Committee voted on Friday to advance the bill to the full House with a recommendation that it pass. It is on the House’s second reading calendar and may be considered in the coming days of the session.
• House Bill 7: Sponsored by Rep. Bruce Skaug, R-Nampa, the bill would create a $300 minimum fine for adults convicted of possessing three ounces or less of marijuana. The Senate voted 27-8 on Tuesday to pass the bill. It was ordered by the Legislature to be transmitted to the governor on Friday for final consideration.
• House Bill 96: Sponsored by Rep. Heather Scott, R-Blanchard, the bill would limit the kinds of flags a government entity can use on its property. The Idaho House voted 53-17 on Tuesday to pass the bill. It may be heard by the Senate State Affairs committee in the coming days of the session.

Idaho legislators address ‘monetization of politics’ in new campaign finance bills

• House Bill 32: Sponsored by Sen. Brian Lenney, R-Nampa, and Rep. Robert Beiswenger, R-Horseshoe Bend, the bill would prohibit local governments, health districts and school districts from mandating that an individual must wear a mask or face covering to prevent the spread of an infectious disease. The Idaho Senate voted 27-6 on Friday to pass the bill. It next heads to the governor’s desk for final consideration.
• House Bill 231: Sponsored by House Majority Leader Jason Monks, R-Meridian, the bill would increase the tax credit Idahoans receive on groceries from $120 to $155. The Senate Local Government and Taxation Committee voted on Thursday to advance the bill to the full Senate. It is on the Senate’s third reading calendar and may be considered in the coming days of the session.
• House Bill 158: Cosponsored by Reps. Barbara Ehardt and Marco Erickson, both R-Idaho Falls, the bill would protect the identity of sources who provide journalists with confidential information or documents. The House Judiciary, Rules and Administration Committee voted unanimously on Wednesday to the full House with a recommendation that it pass. It is on the House’s third reading calendar and may be considered in the coming days of the session.

ProgressRpt

House Transportation and Defense Committee

House Bill 78: Sponsored by Rep. Stephanie Mickelsen, R-Idaho Falls, the bill would allow the state to develop optional mobile, electronic driver’s licenses for Idahoans who want one. The bill will be before the committee for a full public hearing.

House State Affairs Committee

House Joint Resolution 3: Sponsored by Rep. Bruce Skaug, R-Nampa, the resolution would ask voters to amend the Idaho Constitution to “prohibit the legalization of unlawful drugs unless approved by two-thirds of the Idaho Legislature …” Under the resolution, the term “unlawful drugs” means “drugs, substances, or chemicals with no legal medical use pursuant to Idaho law.” The resolution will be before the committee for a full public hearing.

“If it’s not public education, whose ox is getting gored? Is it roads, courts, fire, police, water recharge, correction, health and welfare, or maybe the potential to offer more uniform tax relief to Idaho citizens? Money is money, and it’s coming from somewhere.” – Sen. Jim Guthrie, R-McCammon, on House Bill 93

Kelly Grenquist, a recently fired Forest Service wildlife technician on Idaho’s Payette NF, is set to lose her employee housing. This is what she told me her plan is: “Just start driving until you can be homeless and not freeze to death, and then stop there and see where I can find a job.”

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— Murphy Woodhouse (@murphywoodhouse.bsky.social) February 18, 2025 at 12:47 AM

Reporting from Idaho Capital Sun journalists Clark Corbin, Mia Maldonado and Kyle Pfannenstiel contributed to this legislative notebook.