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Senate rejects ESA bill, alludes to future school choice legislation

The Idaho Senate decisively rejected an educational savings account bill Monday after about two hours of debate.

BOISE, Idaho — This story originally ran in The Idaho Press. 

All of those who debated against it said they were not opposed to the idea of school choice outside of public institutions, but did not support this SB 1038 for a number of reasons, according to The Idaho Press. Additionally, many Republicans who spoke against it alluded to alternative legislation that could be brought forward. 

Sens. Tammy Nichols, R-Middleton, and Brian Lenney, R-Nampa, presented the bill, which died on a 12-23 vote.

The legislation would have created an educational savings account, or ESA, that Idaho K-12 parents could use for education-related expenses, including private school tuition. It could be used for any student not currently enrolled in public school or who wouldn’t be by the time they received funds, which would amount to nearly $6,000 per student.

Nichols told senators the bill combined the best attributes of other ESA legislation in states that have enacted a similar program and would give parents more control over their children’s education.

“This approach enables families to create a more personalized educational experience for their children, setting them up for both success in and out of the classroom,” she said. 

Opponents argued that it lacked accountability for the homeschooling programs and private schools that may be accepting the public funds, that it was overly broad because it lacked income requirements or other limitations on who could access the funds, that it expanded the size of government by creating a new government program, and that it didn’t meet the Legislature’s constitutional obligation to fully fund public education.

“I’d like to see it tailored down and more specifically focus on the real needy in this. ... I suggest we look for alternative ESA legislation,” Senate Pro-Tem Chuck Winder said. 

Winder said he could've supported the bill with "minor adjustments." 

Proponents argued it would give more families opportunities outside of public schools to meet individualized needs of their children and that it would introduce free market competition into education, thus incentivizing schools to perform better. Some also defended that it was universal rather than limited in who could access it.

“The fact that it’s universal I think makes it fair for everyone,” Rep. Ben Toews, R-Couer d’Alene, said. "It's opt-in, no one's forced to take advantage of this." 

Sen. Carrie Semmelroth, D-Boise, who conducts education research, said of the well-designed, statistically significant studies she’s seen of ESA programs in other states, they were associated with lower academic outcomes.

Some argued the state’s public school system already lacked accountability for low average performance. Data from the state Department of Education shows literacy and math scores did not reach 2022 targets. 

Sen. Glenneda Zuiderveld, R-Twin Falls, said she schooled each of her three sons differently, with one through homeschooling, one in private and one in public schools.

“They are not getting the education they deserve," Zuiderveld said. 

Sen. Julie VanOrden, R-Pingree, said she believed the state needed to give an existing program, the Empowering Parents grant, more of a chance before creating a new one. The Legislature last year enacted Empowering Parents, which allows parents of K-12 students to apply for grants to pay for education-related costs; the program is prioritized for households earning $60,000 a year or less. Gov. Brad Little this year proposed making the program permanent and setting aside $30 million for it.

Sen. Scott Grow, R-Eagle, who co-chairs the state budget-writing committee, said he was concerned with how the bill was written because it didn’t include specific dollar amounts. The fiscal note says it would cost about $45 million, but he said the note doesn’t carry the weight of law. Grow also highlighted that, although the fiscal note and the bill’s sponsors said the program would be subject to legislative appropriation each year, the bill’s text did not include this.

“The entire normal legislative process is avoided, the appropriation process,” Grow said. “... We all have the responsibility to make sure our budget is balanced. I can’t even decide how to balance the budget if I don’t even know what this is going to cost.”

Nichols said in closing that “there is no perfect bill."

"For what it is and what it accomplishes, it is the best that we have," she said. 

Sen. Dave Lent, R-Idaho Falls, who chairs the Senate Education Committee, in his debate against the bill, alluded to future legislation on the topic.

Lent said, “I think there are bills coming behind this one which probably will achieve at least somewhat the same objective but do it in a more controlled manner." 

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