House lawmakers introduced legislation Friday that would restrict the use of pronouns by transgender students and provide legal protections for teachers who refuse to allow students to use their preferred pronouns.
Idaho teachers face pressure to acknowledge preferred pronouns “out of fear of retaliation,” said Rep. Ted Hill, the bill’s sponsor. “It’s a shame,” R-Eagle Hill, R-Eagle Hill, told the House State Affairs Committee. He said, “I never dreamed of having my teenager dictate my speech.
House Bill 538:
- Prohibits K-12 public school teachers from using pronouns or names for minor students that do not match their birth gender. (Parents or guardians may agree to refer to their child by their preferred pronoun or name.)
- Protect public officials, including school and college staff, from discipline if they refuse to use pronouns that do not match an individual's birth gender.
- Public employers, including school districts and universities, may be subject to civil liability and potentially up to damages if they force employees to use pronouns that do not match the individual's birth gender.
The bill will impact transgender students and government employees, as well as others who do not conform to the traditional male-female binary. Liliana Rauer, a transgender student from Boise, called the bill a “hate bill” stemming from an “astounding lack of compassion.”
“It is a denial of basic human respect,” she said.
Liliana's mother, Gretchen Rauer, also testified, noting that Congress in recent years has allowed her daughter to “participate in sports, use the bathroom she feels best suits her identity, and receive gender-affirming health care.” He said he was denied his “right.”
“Now you’re going to use her name,” Gretchen Rauer said.
Hill argued that forcing a teacher to use someone's preferred pronoun is a slight on the First Amendment. “I’m going to find out what pronouns you have, just don’t force it on me,” he said during his introductory hearing last week.
At a previous meeting, Hill said she planned to bring 20 teachers to Friday's hearing to support the bill. Two teachers praised the bill Friday: Heidi Hill, a Boise School District teacher and Ted Hill's wife, and Steve Bender, a substitute teacher in the West Ada School District.
Students asking for names and pronouns that don't match their gender is “a fad,” Bender said. “I’ve had dozens of interactions with students who wanted to play this game. Sometimes there was support from their parents, but most of the time they didn’t.”
The American Civil Liberties Union of Idaho also testified against the bill, arguing it undermines parental authority. The bill allows parents to tell teachers to use their child's preferred name or pronouns, but school officials “may simply ignore or refuse to enforce parents' instructions on how to address their children,” Idaho said. said Amy Dundon, legislative strategist at the ACLU.
HB 538 now heads to the House floor.
House passes anti-mask bill
A bill to ban school districts from requiring masks is heading to the Senate.
The House approved House Bill 493, which would ban mask mandates designed to “prevent or slow the spread of communicable disease.” The ban extends to all state and local governments, including school districts.
Rep. Jacyn Gallagher (R-Weiser), the bill's House sponsor, described the decision to wear a mask as “a personal freedom and a health freedom.” … ”
“This is truly the people’s bill.”
The bill overcame bipartisan opposition. Rep. Greg Lanting, R-Twin Falls, a former mayor and city council member, said he would not support legislation that would usurp local authorities. Rep. Steve Berch, D-Boise, said the bill leaves no room to consider future changes in mask technology or diseases that could be much more contagious or deadly than COVID-19.
“Writing laws in response to the past is not only extremely dangerous, but also irresponsible.”
The bill passed 46 to 24, with 13 Republicans and 11 Democrats from the opposition party.
Line items fund CTE, rural incentives and other items.
The Joint Finance and Budget Committee handled some small education-related budgets.
- The career and technical education budget includes nearly $2.3 million in line items. The menu includes funding for instructor training and CTE data system upgrades, as well as $150,000 for additional fire training, which reflects a request from Gov. Brad Little.
- The State Board of Education's “special programs” budget includes Little's request for $749,600 to fund the third year of the Rural Teacher Incentive Plan. The program provides up to $1,500 to teachers working in rural or high-need areas and charter schools. Teachers can use the grant to pay off existing student loans or continue their education.
- Separate state board health education budget with $574,100 item.
- Idaho Library Commission budget, including $750,000 in federal “Digital Access for All Idahoans” grant. This grant sparked a brief controversy. Rep. Clay Handy, R-Burley, said the grant would be a good step toward helping more young people read digital books. Rep. Josh Tanner, R-Eagle, called the grants “a woke program from a woke administration.” The committee approved the budget, which included federal subsidies, by a vote of 17 to 3, despite opposition from Tanner and other hard-line conservatives.
Friday's bill expands the controversial “maintenance” budget currently making its way through Congress. This follow-up bill must also pass the House and Senate.
Charter school reform left up to governor
A bill overhauling charter school regulations passed its final hurdle Friday when the Senate overwhelmingly approved it without any debate.
The bill approved by the House and Senate heads to Gov. Brad Little's desk and is expected to be signed by him.
For more information about the bill, click here.
Catch up on this week’s educational items
It's been a busy week of education news at the Statehouse this week. Here are some preview images:
Results-Based K-12 Funding
On Tuesday, the House Education Committee approved for the first time State Superintendent Debbie Critchfeld's proposal to tie $40 million in K-12 funding to student achievement.
The results-based funding formula depends on two indicators:
- Three-fifths of the funding is tied to fifth- through eighth-grade math skills, as measured through statewide assessments. Assemblyman James Petzke, who is co-sponsoring the bill with Critchfeld and the State Board of Education, said it would be distributed similarly to the literacy funding the Legislature approved in 2022.
- The remaining 40% of funding is tied to college and career-ready credentials for grades 9 through 12. College and career readiness is measured by the percentage of high school students who earn postsecondary credits, such as advanced placement and career technical education classes.
Petzke, R-Meridian, told the House Education Committee. “It will encourage districts to help students achieve more than they should.”
The committee unanimously voted to advance the bill, which could then be referred to a public hearing.
Rep. Chris Mathias, D-Boise, asked what percentage of the overall K-12 school budget would be tied to outcomes-based funding. Petzke responded that it's only $40 million of a roughly $3 billion pie, but the bill would increase funding to $52 million in the next few years.
“Obviously the agency could decide to put in more or less money, but that’s what was envisioned,” he said.
Age limits for gender, sexual orientation, and gender identity education
On Monday, the House Education Committee Bill This prohibits education about sex education, sexual orientation, and gender identity before fifth grade.
Co-sponsor Julian Young said the bill would “not necessarily” solve the “current problem” but that “children are being sexualized at increasingly younger ages”.
“The best time to draw a line in the sand is now, before the problem arises,” said Young, R-Blackfoot.
The proposal was originally the same as: Bill passed by the Senate last year. However, the committee amended the current bill before voting to propose the bill.
Rep. Mark Sauter, R-Sandpoint, recommended adding the word “planned” before “guidelines” to make clear that the language only prohibits formal classes. Representatives Jack Nelsen (R-Jerome) and Soñia Galaviz (D-Boise) expressed concern that school nurses and teachers would stop talking to students about M.If you start your period before 5th grade, you will get your period.
Rep. Steve Berch, D-Boise, said the proposed code After grade 5, “authorization or requirement to teach this subject” is given. Idaho does not currently require school districts to teach sex education, and parents can opt out if their children receive it. Burch said the provision was “fundamentally inconsistent” with current laws on sex education.
The committee voted 8 to 7 to agree to the proposed amendments. The bill may be referred to committee for a public hearing.
Minimum Paid Leave for National Guard Teachers
The new law sets a standard of at least 10 days of paid leave for public school teachers serving in the National Guard.
Required training for the Guard has increased in recent decades, and there are “big differences” in the number of paid days provided by individual school districts, Rep. Matt Bundy said. Establishing a “baseline” could encourage Guard members to continue their education, as both the military and schools face recruitment and retention issues, he said.
“They provide great role models for our students,” said Bundy, R-Mountain Home.
The House Education Committee voted unanimously to advance the bill Thursday. Rep. Greg Lanting, R-Twin Falls, a former member of the Guard, said he would “wholeheartedly” support the bill when it holds public hearings.
Explanation of when a teacher may 'physically escort' a student
The House Education Committee on Thursday introduced legislation that would clarify when school staff can touch students to maintain control in classrooms.
Last year, Congress passed a bill banning restraint or seclusion of students as a form of discipline. That was after the Idaho Statesman reported that the practice: Leading to injuries and trauma.
In the first year, some school officials took the new restrictions “extremely,” said Rep. Marco Erickson, R-Idaho Falls. The new law specifies that teachers can physically remove students from the classroom in certain cases.
The bill would allow teachers to physically escort a student if it is determined that the student's behavior “seriously interferes with the learning of other students” or constitutes an “appropriate intervention” in the student's educational program.
Restraint or seclusion must stop when the student no longer poses a risk to himself or others or is under the custody of a parent or guardian.
Cockroach confirmation heads to Senate
With little discussion, the Senate Education Committee endorsed State Board of Education member Cally Roach.
Her confirmation for a five-year term starting July 1 now heads to the full Senate for a vote.
Roach, of Fairfield, has served on the board since 2021.