Thread by @SeanColetti

HB1038 - Freedom in Educ. Savings Accounts (ESA). Takes money from public schools to give to students to enroll in "qualified schools" defined as "nongovernmental primary or secondary schools." Broadly defined, but does not include public schools. (thread below) #idpol #idleg

Puts participating students' parents under contract to use money transferred to ESA in nongovernmental schools (meaning, no public or charter schools), and releases school district from all obligations to educate the participating student(s). #idpol #idleg

However, participating parents can STILL utilize the ESA money for "services provided by a public school, including individual classes and extracurricular programs," even though the student is not enrolled and the school is released from all obligations. #idpol #idleg

ESA money can also be used for "public transportation services" between the student's home and the "qualified school" (not sure if this includes school buses?) #idpol #idleg

Other uses are: tuition and fees, textbooks, "educational therapies," vocational and life skills education, psych evals, tutoring, curricula materials, online learning fees, testing fees, tuition and textbooks at post-secondary schools, etc. #idpol #idleg

Participating student's parent's signed agreement to do the ESA "satisfies compulsory school attendance requirements" under Idaho Code. #idpol #idleg

States that a qualified school can't share, refund or rebate any ESA money back to the parent or the student, but the money goes to the parent and student before it gets to the qualified school anyway. #idpol #idleg

Requires Dept of Education to run the program and engage in random, quarterly, and annual audits of ESA accounts. #idpol #idleg

Allows Dept of Education to remove parent and student from the ESA program eligibility if they violate the signed agreement--does not explain whether they then go back to public school or not? #idpol #idleg

Gives misuse of ESA money cases to the AG for collection purposes or criminal investigation. Will keep AG's office busy. #idpol #idleg

If a parent uses ESA money for an ineligible purchase, but repays the ESA, then Dept of Education "credits" the ESA the balance (not sure why). #idpol #idleg

States that "this chapter does not permit any government agency to exercise control or supervision over any nonpublic school or homeschooling" - does not explain what this means in light of Dept of Education's total oversight over the ESA program. #idpol #idleg

Allows qualified schools to refuse to accept students in the ESA program enrollment in their schools. #idpol #idleg

Shifts burden to the state in any legal proceeding challenging the application of this chapter to a qualified school - state has to establish the law is necessary and does not impose an undue burden on qualified schools. #idpol #idleg

Creates extra bureaucratic level - "Parent Oversight Committee" - 6 parents of qualified students in the ESA system, all appointed by politicians. 2 out of the 6 appointed by "minority leaders" of the house and senate. #idpol #idleg

Additional concerns - will inevitably face a constitutional challenge to the legislature's obligation "to establish and maintain a general, uniform and thorough system of public, free common schools." #idpol #idleg

Additional concerns - what happens to kids whose parents choose for them to stay in public schools? They obviously do not get the ESA money. Is this uniform? #idpol #idleg

Additional concerns - if a "qualified school" costs more than exists in an ESA account (after the parent has used it for other school expenses), does that mean that the school is then not a "free common school"? #idpol #idleg

Fractures public education system into pieces, ignoring the reasons the Idaho founders very specifically defined the legislature's obligation regarding education, which, I believe is encapsulated in this quotation from Thomas Jefferson. #idpol #idleg

Our founders believed that public educ. was essential to freedom and endurance of our republic. If this bill is truly a result of exasperation with the public school system, it is up to each and every one of us to work to make it better, not to break it apart. 👎 #idpol #idleg

Oops, I meant SB1038 - it's a Senate bill. 😂