Washington Attorney General Bob Ferguson and New York Attorney General Letitia James, both Democrats, are leading an effort to oppose the controversial Idaho law. Passed by the GOP-dominated 2023 Legislature, Idaho’s Senate Bill 1100 mandates that students use bathrooms and locker rooms that align with their “biological sex.”

The law remains mired in federal court. A U.S. Court of Appeals panel put the law on hold in late October.

“Allowing students to use bathrooms and changing rooms that correspond with their gender identity helps them feel accepted and does not pose a threat to anyone,” Ferguson said in a news release. “In Washington, where the rights of transgender students are protected, public schools report no instances of transgender students harassing others in bathrooms or locker rooms.”

The attorneys general filed a brief in federal court Thursday opposing the Idaho law. The coalition includes attorneys general from California, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Washington, D.C.

Laura Guido of the Idaho Press first reported on the brief Thursday.

Lewis-Clark State President Cynthia Pemberton is among the five finalists to succeed Kevin Satterlee, who is retiring from Idaho State at the end of the year. Pemberton has been president at Lewis-Clark since 2018.

Also on the list is C. Shane Hunt, dean of Idaho State’s College of Business and a professor of marketing. Hunt joined Idaho State in 2020.

Here are the other finalists, also announced by the State Board of Education late Wednesday afternoon:

Matt Cecil: Provost and executive vice president for academic and student affairs at Northern Kentucky University. Cecil joined NKU in 2021.

Robbyn Wacker: President of St. Cloud State University in Minnesota. Wacker has been president at St. Cloud since 2018.

Robert Wagner: Executive vice president and chief operating officer at Utah State University, where he has worked 16 years.

The finalists come from a pool of more than 80 applicants. A search committee this week interviewed 12 semifinalists, narrowing the field to the five finalists.

“We have an outstanding pool of finalists to choose from,” said State Board member Cindy Siddoway, co-chair of the search committee.

The finalists will visit Idaho State’s Pocatello and Meridian campuses next week, and speak to students, faculty, staff and the public at open forums. The public can comment on the finalists through an online portal.

The State Board of Education hopes to name a successor next month.

In a court motion Monday, Labrador’s legal team asked for permission to question Jenifer Marcus, a deputy attorney general assigned to the State Board of Education.

The motion is the latest twist in a lawsuit challenging closed-door discussions of the University of Idaho’s proposed purchase of the University of Phoenix. The open meetings case is a civil matter. However, both sides agree that if Labrador prevails in court, it could torpedo the controversial $685 million acquisition.

Marcus, the State Board’s longtime in-house attorney, is a key figure in the five-month-old legal struggle between Labrador and the board. In their own depositions, board members said they relied on Marcus’ advice before holding three closed executive sessions to discuss the Phoenix purchase. The board cited an open meetings law exemption covering transactions that pit an Idaho public agency against out-of-state public bidders.

Deposing Marcus is necessary, deputy attorney general Gregory Woodard said in Monday’s motion. He said the sworn statement would address the sole question at the heart of the lawsuit: whether the U of I was in competition for Phoenix, competition that would justify the closed-door discussions.

While the case centers on this one question, Monday’s motion illustrates the intricacies of this legal struggle. While Marcus remains assigned to the State Board, the board has hired independent counsel to handle the case. While Marcus is not involved in the lawsuit, a judge has ordered Labrador and his staff to have no contact with her about the case.

Woodard acknowledged the court’s order in the motion, but suggested the court’s order does not preclude Labrador’s office from taking a deposition. The request for the court’s permission reflects “an abundance of caution,” he wrote.

Woodard said he would hope to schedule a deposition in December.

A trial in the case is scheduled for Jan. 22.

They voted 5-0 to switch board chairs, selecting Mike Waggoner to replace Greg McKenzie.

Waggoner, elected in November 2022, is a political ally of McKenzie and trustee Todd Banducci. All three have run with the backing of the Kootenai County Republican Central Committee, comprising a majority bloc on an often-divided board of trustees.

But on Nov. 20, the motion for a change came from a trustee who is often at odds with the central committee-backed bloc.

“Board leadership and board governance continues to be a problem,” said trustee Tarie Zimmerman, noting the continuing accreditation questions that plague NIC.

Zimmerman praised Waggoner’s work and preparation on the trustees’ policy committee. “He can grab us all together and develop some consensus.”

Waggoner quickly expressed his interest in the move.

“I think I can add some value here,” he said. “We need unity and collaboration among our board members and the administration.”

McKenzie then voiced his support, saying Waggoner “would make a great chair.”

After the unanimous vote, Waggoner and McKenzie switched spots at the dais.

“Come take a seat,” McKenzie said to Waggoner, to some applause from the audience.

More details on the meeting from KREM TV in Spokane, Wash.

The application period has closed, and the State Board of Education has received 84 applications for the job.

“We have an exceptional list of candidates from which to choose,” said State Board member Cally Roach, who is co-chairing the Idaho State presidential search committee. “Idaho State University is on a roll, and I think that’s a major reason why so many outstanding candidates have responded.”

“I am very excited by the response we’ve received,” said State Board member and search committee co-chair Cindy Siddoway. “The search committee vetting process will be very thorough.”

Roach and Siddoway are both Idaho State alums.

For the co-chairs and their committee members — which represent students, staff, alumni and other campus stakeholders — the next step will be narrowing the field. By early December, the committee will publicly name a field of five finalists, who will come to Idaho in early December for interviews and site visits.

The State Board hopes to name a new president by the end of the year. Current President Kevin Satterlee is retiring on Dec. 31, after 5 ½ years at the helm.

Beginning at 8 a.m. Mountain time, parents and guardians can apply for their share of the microgrants, which cover out-of-pocket education costs such as computers, internet and learning materials.

Parents can apply for grants totaling $1,000 per child or $3,000 per family.

Grant eligibility is based on income: households with an adjusted gross income of $60,000 or less will have the first shot at the money. Then, households with an AGI of $75,000 or less can apply. After that, any leftover grants will be awarded on a first-come, first-served basis.

The State Board of Education has $30 million of state funding to award, after the 2023 Legislature funded Gov. Brad Little’s request for permanent state funding.

Parents will have more spending options this year.

At the recommendation of a parents’ advisory panel, the State Board expanded the list of eligible purchases. Among other items, the new list now includes sports gear and athletic fees; dance uniforms and shoes; fees for camps and extracurricular classes; and computer cases and backpacks.

Parents who received grants in 2022-23 are eligible for a new round of money, but they must reapply.

A series of hiccups beset the first year of the Empowering Parents program, which was funded with $50 million of federal coronavirus aid.

After receiving complaints and reports of improper taxpayer-funded purchases — for items such as TV sets, cameras and smart watches — the State Board launched an in-house review in the spring. Primary Class — the state’s Empowering Parents vendor, known also as Odyssey — agreed to reimburse the state $180,000 to cover the cost of the improper purchases. Odyssey also agreed to return nearly $500,000 in interest earned off the federal funding.

Gov. Brad Little has ordered an independent audit of the program.

He also used the occasion to talk up one of his pet projects: the fledgling Idaho Launch post-high school incentives program.

“There are multiple pathways to success,” Little said Wednesday, at a proclamation ceremony in Meridian marking November as Idaho Apprenticeship Month. “We need more young Idahoans to go on to postsecondary education, and we’ve been very intentional about expanding ‘go-on’ to include opportunities outside of the traditional four-year college degree – including apprenticeships.”

Idaho now offers about 2,400 apprenticeships, a number that has increased by 40% over the past three years, according to a Wednesday news release from Little’s office.

The state has put more than $10 million into building apprenticeship programs over the past five years, and starting next year, the state will put about $75 million of additional money into Launch.

High school seniors can now apply for Launch grants of up to $8,000, which they can put toward two- or four-year college, career-technical education or worker training programs. Grants will go out next summer.

The university is calling “Unbridled: the Campaign for Boise State University” its most ambitious fundraising effort to date. The target is $500 million by 2028, with $295 million already in hand.

“This campaign will build on the incredible work of those who have devoted themselves to this university and made us great,” Boise State President Marlene Tromp said in a news release.

Here are some details on the fundraising priorities:

Scholarships. Boise State hopes to beef up its need- and merit-based academic scholarships and athletic scholarships. The university has already used $55 million to fund 235 scholarship endowments, and hopes to build on its True Blue Scholarship, which provides in-state students with up to four years of aid. “It is my dream that financial need would never be a barrier for an Idaho student who wishes to attend Boise State,” Tromp said.

Academics. Donors have already funded seven new endowed faculty positions and four endowed chairs, and the university hopes to fund more endowed posts to build its research portfolio.

Athletics. The What’s Next Initiative will provide student scholarships, build athletic programs and fund facilities upgrades, said Matthew Ewing, Boise State’s vice president for university advancement. Capital projects include the north end of Albertsons Stadium and renovating the Arguinchona Basketball Complex.

The university formally announced the fundraising drive Saturday, one day after an invitation-only kickoff event attended by 550 people.

The goal of the event was to “unite Boise State’s generous donors and alumni” and raise awareness about Unbridled’s goals, the university said in a statement.

The costs of the kickoff event are unclear. Taxpayer dollars were not used to cover the event, which was bankrolled by the Boise State University Foundation, university spokesman Mike Sharp said Tuesday.

Investigators will be at the house on King Road today and Wednesday, as they work to create visual and audio exhibits and a physical model of the murder scene, the U of I said in a news release this morning.

It will take months to build a visual exhibit, and the FBI would not have been able to finish the work in time for an October murder trial. But with the trial now on indefinite hold, and with personal property cleared out of the house, the FBI will take the time to take measurements and collect images of the house.

Four students — Ethan Chapin, 20, of Mount Vernon, Wash.; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Madison Mogen, 21, of Coeur d’Alene — were found slain on Nov. 13, the victims of multiple stab wounds.

Bryan Kohberger, a Washington State University graduate student, has been charged with first-degree murder in connection with the slayings.

The owner of the house donated the property to the U of I in February. The university plans to demolish the house, but those plans are on hold. The demolition will not occur this semester.

Hunter Chapin, a U of I student, is the first recipient of the Sigma Chi Foundation’s Ethan Chapin Memorial Scholarship.

Like his brother, Hunter Chapin is a member of Sigma Chi.

“It makes me feel so happy to see that Sigma Chis around the world honor and care for the undergraduates,” Chapin said in a foundation news release. “We are very fortunate to be able to keep Ethan’s legacy through this scholarship for the rest of the Gamma Eta chapter’s days.”

Chapin received the scholarship during a dinner ceremony Wednesday.

“I can’t think of a more deserving and appropriate first recipient of this scholarship than Brother Hunter,” said foundation president and general counsel John Price. “Our entire fraternity was profoundly saddened by this senseless loss of Ethan and the three other students. But with this inaugural award, we are creating a positive act in the wake of this unspeakable tragedy.”

The stabbing victims — Ethan Chapin, 20, of Mount Vernon, Wash.; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Madison Mogen, 21, of Coeur d’Alene — were killed in an off-campus house on Nov. 13. Bryan Kohberger, a Washington State University graduate student, has been charged with first-degree murder in connection with the slayings.

Regional accreditors will be back on the North Idaho College campus next week.

The site visit, scheduled for Sunday through Wednesday, will include visits with staff and individual meetings with trustees, KREM TV in Spokane, Wash., reported Wednesday.

NIC trustees and accreditors will meet in a closed-door session Monday morning, the college said in a Thursday news release.

The visit comes as the Coeur d’Alene-based community college continues to operate with its accreditation in jeopardy — a decision that could affect students’ access to financial aid, and their ability to transfer credits to another college.

In July, the Northwest Commission on Colleges and Universities extended NIC’s accreditation for up to 12 months. But this decision does not take NIC off the hook, since the college still must make a case for remaining accredited.

NWCCU has cited myriad concerns with the college, including high staff turnover and political dysfunction. Amidst the turnover, campus groups have passed numerous statements of no confidence, directed at trustees.

At Wednesday’s board meeting, trustees heard from NIC student body president Michael Habermann, who read a resolution spelling out steps the college must take before student government rescinds its vote of no confidence.

One to-do item involves patching up the working relationship with college President Nick Swayne.

“The board of trustees must work with the college president, and not against him, for the good of NIC,” Habermann said, according to KREM.

Trustees were originally scheduled to go behind closed doors Wednesday to discuss a personnel investigation. But on Wednesday afternoon, the board abruptly yanked the closed meeting from its agenda. (Details on the personnel investigation from the Coeur d’Alene Press.)

One key trend: in-state enrollment improved, after some lackluster numbers in previous years. This fall, in-state undergraduate numbers climbed for the first time since the COVID-19 pandemic.

“I am incredibly proud of the efforts our university community has made to reach and welcome students from all across Idaho and beyond,” President Marlene Tromp said in a news release.

The university released its enrollment numbers Thursday, and here are a few takeaways:

• Overall enrollment: up. The fall total came in at 26,727, a 2.2% increase.
• Freshman enrollment: mixed. Boise State welcomed in 1,959 first-year in-state students, a 7% increase. But nonresident numbers dipped. Overall, the first-year student population dropped by 2.8%.
• Undergraduate students: up. Boise State’s 17,085 degree-seeking undergrads represent a 0.6% increase.
• Graduate students: down. The 2,813 degree-seeking grad students amount to a 0.8% decline.
• Dual credit: up. In all, 6,236 secondary students are taking college-level classes at Boise State, an 8.1% increase.
• Hispanic/Latino students: up, across the board. Undergraduate enrollment totaled 2,590, a 3.4% increase. Graduate enrollment came in at 315, up 23%.

The problem isn’t likely to just go away.

“We think there’s a gap right now,” said Christina Sedney of the Western Interstate Commission for Higher Education, “(and) we think that gap is projected to grow over time.”

And that means Idaho high-tech employers are forced to look out of state for workers — and they might decide to expand their businesses elsewhere.

Last week, WICHE shared a report on the graduate shortages to the State Board of Education. The numbers were grim:

• Idaho employers expected to have about 1,950 engineering openings this year. The state’s public institutions are expected to produce less than 900 engineering graduates. Private schools — particularly Brigham Young University-Idaho — narrow the gap somewhat. But public and private schools are still expected to award fewer than 1,300 engineering degrees.
• Employers expect to have nearly 1,600 computer science openings. The state’s public and private schools are projected to have barely 900 computer science graduates.

Sticking to the status quo isn’t going to help much; the number of engineering and computer science graduates would increase only slightly, said Sedney, WICHE’s director of policy and strategic initiatives.

WICHE recommended a series of systemic changes: beefing up high school math, so students are better prepared for college; bridging the gender gap and encouraging more young women to pursue engineering and computer science degrees; and supporting engineering and computer science students, so they are less likely to switch to a different major.

Employers will look to other states for graduates, even if they’re pleased with the quality of students coming out of Idaho schools, said Patrick Lane, WICHE’s vice president for policy analysis and research.

The state commissioned the WICHE research after the 2022 Legislature funded the study.

After hearing the results Thursday, State Board members seemed to agree on the need to take the case to the Legislature. But lawmakers also need to hear from industries affected by the shortage of graduates, board member Bill Gilbert said.

“We can only do so much,” he said.

All told, 1,759 first-year students enrolled at Idaho State — up 26% from the previous fall. It represents Idaho State’s largest freshman class in nearly a decade.

The big freshman class is not really a surprise — Idaho State issued a news release in September touting some preliminary numbers. But this week, Idaho State and the state’s other four-year schools had to turn in their final fall numbers to the State Board of Education.

Some thumbnails:

• Overall enrollment: up, by 2.6%.
• Undergraduate enrollment, up, by 6.4%.
• Graduate enrollment: down, by 3.4%.
• Dual-credit enrollment: down, by 1.6%.

Idaho State also touted a record retention rate.

Retention has been one of Idaho State’s policy priorities for several years, and this year’s 74% rate is up 10 percentage points from three years ago.

“Moving the retention needle for an entire university by even a few percentage points is incredibly difficult, but to increase our retention rate by 10% over three years is truly a significant achievement,” said Corey Zink, associate vice president for enrollment management, in a news release Wednesday. “This represents a staggering investment of time and energy from every department and division.”

“Students and their families continue to seek the value of a U of I education,” U of I President C. Scott Green said in a news release Monday.

The U of I submitted its fall enrollment figures to the State Board of Education, and laid them out in a numbers-heavy news release.

Here are the highlights.

Overall enrollment: up. Fall enrollment came in at 11,849, up 3%.

Undergraduate enrollment: up. At 7,363, undergraduate enrollment increased by 3.4%.

First-year students: down. But still unusually high. The U of I welcomed 1,869 new students onto campus this fall, the second-largest freshman class in university history. Last fall’s first-year enrollment set a U of I record, at 1,951.

Graduate enrollment: down. After COVID-19-era spikes, the grad school is reporting a 1.4% enrollment decrease. Enrollment totaled 1,929.

In-state enrollment: up. A 4.3% increase.

WUE enrollment: up. In all, 1,776 out of-state students are at the U of I through the Western Undergraduate Exchange, which offers reduced tuition. This is a 4.3% increase.

International student enrollment: up. A 5.6% increase.

Student retention: up. First- to second-year retention rates increased by 1.4%.

Demographic numbers: up, generally. Undergraduate Hispanic student enrollment increased by 2.6%, Black student enrollment increased by 16.5%, and American Indian or Alaska Native enrollment climbed by 40%. Asian student enrollment numbers decreased slightly.

Dual-credit enrollment: up. The number of high school students taking a U of I college-level course increased by 15.2%, and those dual-credit numbers are reflected in overall enrollment.

Law school enrollment: up. The College of Law has 424 students this year, a 7.1% increase.

A couple of followups:

Measles vaccinations. Last school year, only 80.7% of kindergartners had two doses of the “MMR” vaccine, Sarah Leeds, manager of the Idaho Immunization Program, said in an email Friday.

The MMR vaccine covers measles, mumps and rubella — and Health and Welfare is tracking the state’s largest measles outbreak in two decades.

The MMR immunization was higher than the overall kindergarten rate, which takes in other recommended vaccinations. The overall immunization rate came in at 77.6%.

Regional breakdowns? Normally, Health and Welfare also provides copious details of the immunization rate — with numbers by county and health district, and even by school.

The breakdowns from last school year aren’t ready yet. (We’ll follow up when the numbers are available.)

In past school years, vaccination rates have tended to run lowest in North Idaho, and in rural pockets of Central Idaho. Those trends are likely to continue when the new numbers come out, Leeds said in a recent interview.

On Wednesday, U.S. District Judge Amanda Brailsford rejected a motion to dismiss this federal case, saying the lawsuit raises issues that are “ripe for review.”

March for Our Lives Idaho, a student-led group, and Alliance for Retired Americans, a nonprofit focused on retirees’ civil rights, have said the voter ID law violates the 26^th amendment of the Constitution, which says the right to vote “shall not be denied or abridged.”

The Legislature passed two related election laws, one banning the use of student IDs, and a second creating a free form of voter ID.

Brailsford’s ruling comes barely a week after Ada County District Judge Samuel Hoagland dismissed a separate lawsuit, which argued the laws violate the state Constitution. Plaintiffs in this case plan to appeal.

More about Wednesday’s federal court ruling from Laura Guido of the Idaho Press.

This latest subpoena, dated Tuesday, centers on one of the key points of Attorney General Raúl Labrador’s June 20 lawsuit: Was the U of I competing with other suitors in its bid to purchase the University of Phoenix?

Labrador has said the State Board violated open meetings law when it met behind closed doors to discuss a possible purchase of Phoenix, a for-profit online university serving 85,000 students. The board, which acts as the U of I’s governing board of regents, has said the three closed-door meetings are legal — under a section of law covering preliminary discussions of a purchase that pits an Idaho bidder against competitors from other states or nations.

The subpoena demands that Green turn over a host of records by close of business Friday:

• Documents discussing any other bidders for Phoenix.
• Documents outlining the University of Arkansas’ interest in Phoenix. In late April, Arkansas’ board of regents voted against pursuing a Phoenix purchase.
• “All documents and communications” regarding the State Board’s May 18 meeting, when the board voted unanimously to greenlight the U of I’s $685 million bid to acquire Phoenix.
• Communications with the State Board involving the formation of NewU, the separate U of I nonprofit which would take over Phoenix’s operations. NewU has since been renamed Four Three Education.

Labrador’s legal team has also ordered Green — or a university official of his choosing — to appear at an Oct. 24 deposition.

The U of I didn’t immediately respond to a request for comment Thursday on the subpoena.

The latest subpoena and demand for a deposition come as the politically charged civil lawsuit continues to escalate.

The attorney general’s office has filed several similar requests with State Board members and staff, Phoenix, and Tyton Partners, the financial advisers working on a sale on Phoenix’s behalf. The State Board’s hired attorney has called the requests a burdensome “fishing expedition.”

Last week, Ada County District Judge Jason Scott instructed Labrador’s legal team to start by deposing only four State Board members, not the entire eight-person board.

A hearing in the lawsuit is scheduled for Oct. 26, and Scott could issue a ruling at that time.

On Sept. 22, Idaho Education News requested “reports, analysis or other data compiled by the University of Idaho or its consultants, regarding the exposure created by University of Phoenix student loans.” Student loan risk is one of the big questions surrounding the proposed $685 million purchase. The issue ramped up on Sept. 20, when the Biden administration announced a plan to write off $37 million in Phoenix student debts — a move that could affect the U of I.

The U of I has sought to downplay this risk, and on Friday, the university refused EdNews’ records request. U of I special counsel Kent Nelson cited three reasons for the denial:

• Records identifying Phoenix student loans belong to Phoenix, a for-profit online university. And as such, the records fall under a nondisclosure agreement that has shrouded many details of the proposed purchase. “To the extent the University of Idaho possesses any such records, they are exempt from disclosure,” Nelson wrote.
• Individual student loan records fall under the federal Family Educational Rights and Privacy Act.
• The U of I says its internal analysis is confidential, due to attorney-client privilege. “(The records) comprise advice by our attorneys and the underlying work product for that advice,” Nelson wrote.

But is the $37 million loan writeoff — affecting some 1,200 former Phoenix students — also going to affect the U of I or Four Three, the offshoot nonprofit that would take over Phoenix?

If it is, U of I officials aren’t saying. In an email responding to EdNews’ records request, Nelson added a response from legal counsel, outlining the U of I’s review of the issue.

The U of I assembled a team of advisers, including auditors and attorneys, to review the potential risk from student loan writeoffs. The due diligence identified “several tools … to mitigate exposure,” the U of I says.

In addition, Phoenix would leave $200 million on the balance sheet after a sale — and the U of I says Four Three would also be able to use this money to “hedge or mitigate risk.”

The League of Women Voters is appealing a ruling that upheld a law that banned the use of student IDs as voter ID, KTVB reported Friday.

The announcement comes just four days after Ada County District Judge Samuel Hoagland rejected a lawsuit from the League of Women Voters and the advocacy group BABE VOTE. The groups said the ban on the use of student IDs would disenfranchise young voters.

Hoagland rejected this argument, and said the state has an interest in creating a consistent voter ID standard.

In addition to passing a bill banning the use of student IDs as voter ID, the 2023 Legislature passed a separate bill creating a free identification card voters can use at the polls.

While procedural, District Judge Jason Scott’s ruling represented a setback for Labrador — and a win for the State Board’s hired lawyer — in an ongoing and politically charged lawsuit over the University of Idaho’s plans to purchase the University of Phoenix.

Labrador sued the State Board in June, saying the board violated state law by discussing the controversial $685 million purchase in a series of closed-door executive sessions. His team’s recent legal maneuvers were at issue Thursday.

Labrador’s legal team has pursued a series of far-reaching subpoenas, seeking a broad range of documents from the State Board, Phoenix and Tyton Partners, Phoenix’s financial advisers on the sale. Labrador’s team also sought to depose all eight State Board members individually, part of a series of more than a dozen depositions.

Trudy Fouser, the Boise attorney hired to represent the State Board, has called the requests a burdensome and costly taxpayer-funded “fishing expedition.”

Scott instructed Labrador’s team to cast a narrower net. He said the attorneys could depose four board members, briefly, and concentrate on open meetings issues.

“It seems to me to be a reasonable place to start,” Scott said.

The open meetings dispute centers on one section of state open meetings law, which allows agencies to go behind closed doors to hold preliminary discussions about a transaction, if they are in competition with other states or nations. The State Board used this section of law to justify three closed-door meetings about a possible Phoenix purchase. The board gave the purchase the green light on May 18, three days after the its third executive session.

Labrador’s lawsuit contends that the closed-door meetings were not preliminary at all — and has questioned whether other bidders were pursuing a Phoenix purchase.

In curtailing Labrador’s requests, Scott seemed to side with the State Board’s interpretation of the law. He suggested that a preliminary discussion could cover any talks before a contract is signed, and that the idea of competition could hinge on a “reasonable” assessment on the marketplace.

The next step in the case is a hearing scheduled for Oct. 26 — and Scott could rule at that time.

Josh Turner, Labrador’s deputy solicitor general, suggested his team might need more time before that hearing, but stopped short of asking for an extension. “We’re not interested in dragging this out.”

The U of I and the State Board have said the ongoing legal battle could jeopardize the Phoenix deal, and on Thursday, Fouser urged Scott to keep the case on schedule. “Time is not on our side.”

The League of Women Voters and BABE VOTE, an advocacy group, sought to toss out the 2023 laws — which also created a free voter ID to replace the use of student ID. They argued the laws disenfranchised young voters.

Ada County District Judge Samuel Hoagland was not sold.

“Plaintiffs seek to equate student identification cards as (a) form of age discrimination against younger voters, but not all young people are students and not all students are young people,” he wrote in his ruling Monday.

Hoagland also said the state has a valid interest in making sure voter IDs are consistent — one of the arguments legislators made in support of the laws.

Attorney General Raúl Labrador’s office defended the laws on behalf of Secretary of State Phil McGrane, the state’s chief elections officer.

“This was a meritless lawsuit from the beginning,” Labrador said in a news release Tuesday. “Rather than encouraging young people to obtain their free state voter IDs, advocacy groups took legal action against the state, alleging age discrimination.”

“We are of course disappointed with this result but are closely reviewing the court’s decision and will be deciding in the coming weeks whether to appeal,” BABE VOTE said in a statement to Idaho Reports Tuesday.

Two Eastern Idaho districts are collecting slightly more than $703,000, in order to keep pace with growth.

But these appear to be the only emergency levies on the books this school year.

Districts can impose emergency levies if they log an enrollment increase over the first 10 days of the school year. Unlike other levies, districts can collect an emergency levy without voter approval. But districts must move quickly; counties must certify all school levies by the second Monday in September.

The Jefferson and Teton County school districts imposed emergency levies by the deadline. They will collect about $609,000 and $94,000, respectively.

Emergency levy collections surged several years ago. In 2019-20, 14 districts collected $12.8 million in emergency levies.

Then came the COVID-19 pandemic.

In 2020-21, only two districts collected emergency levies, totaling $1.2 million.

Over the past two school years, the state emergency levy bill has come in at about $2 million annually.

Idaho EdNews data analyst Randy Schrader contributed to this report.

The Republican primary is months away — really, several months away — but two competing lobbying groups are already rolling out 2024 legislative endorsements.

The early selections break some news on several GOP primary contests between current and former legislators. And not surprisingly, there is zero agreement between the Idaho Association of Commerce and Industry endorsements and the Idaho Freedom PAC picks, foreshadowing another bitter Republican primary next spring.

IACI, a powerful Statehouse business lobby, unveiled 34 Republican endorsements over social media last week. Idaho Freedom PAC, the campaign arm of the Idaho Freedom Foundation, announced its first six GOP endorsements on Monday, with more to come in November.

A few highlights:

The head-to-head races. IACI is endorsing two former senators looking to return to the Statehouse against a pair of Freedom PAC-backed incumbents: Jeff Agenbroad of Nampa, looking to unseat Sen. Brian Lenney of Nampa; and Jim Woodward of Sagle, seeking to avenge a 2022 loss to Sen. Scott Herndon, also of Sagle. (Woodward had announced his candidacy in September.) Lenney and Herndon both sit on the Senate Education Committee.

Freedom PAC is endorsing former House and Senate member Christy Zito of Hammett, who has already announced her run against IACI-endorsed Sen. Geoff Schroeder of Mountain Home. Freedom PAC is also backing former Rep. Karey Hanks of St. Anthony, who is running against Rep. Rod Furniss of Rigby.

Other targeted incumbents. IACI is looking to unseat two other Senate hardliners, endorsing Lori Bishop over Senate Education member Tammy Nichols of Middleton and Alex Caval, who is challenging Glenneda Zuiderveld of Twin Falls. Freedom PAC is endorsing Brandon Shippy, who is opposing Sen. Abby Lee of Fruitland; and Rob Beiswenger, who is challenging Rep. Matt Bundy of Mountain Home, one of two teachers serving in the Legislature.

Other education connections. IACI is endorsing several moderates on the education committees, who figure to face opposition from the right in the primary. That list includes Senate Education Chair Dave Lent of Idaho Falls; House Education Chair Julie Yamamoto of Caldwell; vice chair Lori McCann of Lewiston; and House Education members Mark Sauter of Sandpoint; Greg Lanting of Twin Falls; Jack Nelsen of Jerome.

What’s next? Really, a lot of waiting.

The IACI and Freedom PAC endorsements are noteworthy, in part, because they are so early.

Legislative candidates can’t begin filing for office until March 4.

The primary elections are slated for May 21.

And before that happens, voters will go to the polls next month for school trustee and city elections.

IACI endorsements

District 1: Senate, Woodward; House Seat A, Sauter.

District 6: House Seat B, McCann.

District 8: Senate, Schroeder; House Seat A, Bundy; House Seat B, Megan Blanksma.

District 9: Senate, Lee.

District 10: Senate, Bishop.

District 11: House Seat A, Yamamoto; House Seat B, Sarah Chaney.

District 13: Senate, Agenbroad; House Seat B, Kenny Wroten.

District 14: Senate, C. Scott Grow.

District 20: Senate, Chuck Winder.

District 21: Senate, Treg Bernt; House Seat A, James Petzke.

District 23: House Seat A, Melissa Durrant.

District 24: Senate, Caval; House Seat A, Chenele Dixon.

District 25: Senate, Linda Wright Hartgen; House Seat B, Lanting.

District 26: House Seat B, Nelsen.

District 27: Senate, Kelly Anthon.

District 28: Senate, Jim Guthrie; House Seat A, Rick Cheatum.

District 29: House Seat A, Dustin Manwaring.

District 30: Senate, Julie VanOrden.

District 31: Senate, Van Burtenshaw; House Seat A, Jerald Raymond.

District 32: Senate, Kevin Cook.

District 33: Senate, Lent; House Seat B, Marco Erickson.

District 34: House Seat A, John Weber; House Seat B, Britt Raybould.

District 35: Senate, Mark Harris.

Idaho Freedom PAC endorsements

District 1: Senate, Herndon.

District 8: Senate, Zito; House Seat A, Beiswenger.

District 9: Senate, Shippy.

District 13: Senate, Lenney.

District 31: House Seat B, Hanks.

Voting unanimously — which is in itself newsworthy — North Idaho College trustees decided against censuring one of their own.

Still, and consistent with a board that often finds itself deadlocked, trustees quarreled amongst themselves Wednesday before tabling the motion against Tarie Zimmerman.

KHQ TV reported on the 20-minute exchange. The trustees’ discussion centered on whether Zimmerman had disclosed confidential information during an Aug. 31 board meeting.

In that brief meeting, a divided board of trustees gave attorney Art Macomber the go-ahead to pursue a settlement with a former employee, at a possible cost of $1.3 million.

“I don’t know, does anybody want to open their bank account?” Zimmerman during the Aug. 31 meeting. “I think the sum – can I say the sum? $1.3 million? That’s on the taxpayers’ back?”

That dollar figure again punctuated Wednesday’s exchange over censure, KHQ reported.

“Throwing out numbers that don’t exist as far as I’m aware of, is irresponsible,” Trustee Todd Banducci said. “Everybody running around with the $1.3 million number, show me where you got it, please. Maybe Trustee Zimmerman will produce where she came up with that.”

The board voted 3-0 against censure, KHQ reported, but divisions remain on the board.

Afterwards, board Chairman Greg McKenzie told KHQ that Zimmerman has twice divulged confidential information in an open meeting. Zimmerman vehemently denied this.

This rewrite downplays the chances that the U of I could wind up on the hook for tens of millions of dollars in student loan writeoffs.

“It is expected that the University of Phoenix would be able to meet its own obligations,” U of I officials wrote.

The question of student loan writeoffs — or discharges — has taken on new urgency in recent weeks.

In August, the U.S. Department Education said it was writing off $72 million in Ashford University student loans, a move that could affect the school’s nonprofit partner, the University of Arizona. And on Wednesday, the feds announced a writeoff of $37 million in Phoenix loans, involving 1,200 former students.

The U of I’s updated FAQ page does not directly address the $37 million Phoenix writeoffs. But the U of I says the Ashford situation is a different story — partly because Ashford lost in a civil trial, and Phoenix has not.

“If University of Phoenix were to face a (borrower defense to repayment) recoupment demand based on a large-scale loan forgiveness action similar to Ashford’s, the University of Phoenix is prepared to vigorously challenge such action on appropriate grounds,” U of I officials wrote.

Phoenix and U of I officials have said the U of I is exposed to some risk from loan writeoffs, if the $685 million purchase of the for-profit online behemoth goes through.

Phoenix has pegged the possible exposure at $1.5 million per year. The U of I has said the risk could reach $7 million or more. But these estimates predate the feds’ recent Ashford and Phoenix loan writeoff announcements.

If the Phoenix sale goes through, possibly in early 2024, a U of I affiliated nonprofit, Four Three Education, would assume Phoenix’s assets and liabilities.

An advisory panel has wrapped up its review of the Empowering Parents education microgrant program.

The group’s recommendations go to the State Board of Education in October.

The parent advisory panel held its final meeting Thursday in Lewiston, putting the finishing touches on its summer work.

There weren’t any big surprises in the committee’s list of recommendations, since most of the panel’s work was already done. As expected, the committee wants to expand Empowering Parents, which families have used largely to cover internet, computers or curricular materials.

The panel wants the taxpayer-funded grants to cover a variety of additional items, including:

• Educational camps and classes.
• Education equipment, such as backpacks and computer cases.
• Fees for co-ops for homeschool students.
• Physical education equipment, uniforms, or sports pay-to-play fees.
• Extracurricular activities.
• Musical instruments and tutoring.
• Costumes and uniforms for camps, classes, or school events.

Last week, the panel came out against adding private school tuition and fees to the Empowering Parents menu. The Legislature considered this idea in 2023, and it’s likely to resurface in 2024.

The panel — appointed by Gov. Brad Little, Senate President Pro Tem Chuck Winder and House Speaker Mike Moyle — was assigned to suggest ways to “implement, administer and improve” Empowering Parents.

The grant program launched last fall, using $50 million one-time pandemic aid. But this spring, the Legislature made the program permanent, earmarking $30 million in state tax dollars.

U of I and State Board of Education officials downplayed Wednesday’s news, and said it doesn’t change U of I’s plans to purchase Phoenix.

“These allegations do not reflect (the) University of Phoenix we know today,” U of I spokeswoman Jodi Walker said Wednesday. “We value the student focus and vision University of Phoenix has today and stand by our commitment to affiliate.”

The writeoffs — known more officially as borrower defense discharges — will affect 1,200 students who attended Phoenix between Sept. 21, 2012 and Dec. 31, 2014. And the decision stems from an unsavory chapter in the for-profit online university’s history: a $191 million settlement with the Federal Trade Commission, which accused Phoenix of deceptive advertising.

The writeoffs stem partly from the FTC’s 2019 investigation.

“A national ad campaign from Phoenix misled prospective students by falsely representing that its partnerships with thousands of corporations, including Fortune 500 companies, would benefit students by, for example, giving them hiring preferences at those companies,” the U.S. Department of Education said in a Wednesday news release. “In fact, Phoenix’s corporate partnerships provided no such benefits to students.”

The next steps — and the possible impacts on the U of I — are uncertain.

In October, the U.S. Department of Education will begin contacting affected borrowers, letting them know their loan balances have been zeroed out, and telling them to expect refunds on any loan payments they did make.

“The department also intends to initiate a recoupment proceeding against Phoenix to seek repayment of the liabilities associated with these approved claims at a later date,” the department said Wednesday.

But if U of I and Phoenix officials have their way, the $685 million Phoenix sale could be a done deal by early next year. The move would turn over Phoenix to Four Three Education, a nonprofit affiliated with the U of I, which would assume ownership of Phoenix.

Since announcing the proposed purchase in May, U of I and State Board officials have touted the assets Four Three would acquire — including an online education apparatus built over a half century. But as Wednesday’s news illustrates, Four Three also stands to acquire Phoenix’s liabilities.

Phoenix and U of I officials have acknowledged Four Three could be liable for loan writeoffs. Phoenix has pegged the exposure at $1.5 million a year, while U of I has said the number could hit $5 million to $7 million, or more.

Meanwhile, the federal government appears to be stepping up its efforts to write off student loans connected to for-profit schools. In August, the feds wrote off $72 million in Ashford University student loans — a move that could affect Ashford’s public higher ed partner, the University of Arizona.

In a statement Wednesday, State Board President Linda Clark did not address the issue of financial liability, and suggested Phoenix’s problems were behind them.

“University of Idaho President Scott Green and his team have gone to great lengths to ensure due diligence throughout this transaction including evaluating potential reputational issues associated with the University of Phoenix’s past practices,” she said. “Those practices are indeed in the past, and I am confident in the vision President Green has for this affiliation moving forward.”

Saying Phoenix remains committed to partnering with the U of I, spokeswoman Andrea Smiley said Phoenix officials “adamantly disagree” with the Education Department’s latest accusations.

“While the university is not against relief for borrowers who have valid claims, we intend to vigorously challenge each frivolous allegation and suspicious claim through every available legal avenue,” she said.

(UPDATED, 2:55 p.m., with comments from two Boise trustees.)

Boise school trustee Shiva Rajbhandari was arrested in New York City Monday during a protest against fossil fuels extraction.

Rajbhandari told the Idaho Statesman he was charged with blocking pedestrian traffic and failing to disperse, and was held for about 4 ½ hours.

On X, the social media platform formerly known as Twitter, Rajbhandari posted several comments and photos from the protest.

“I was proud to partake in the mass civil disobedience at the Fed today alongside hundreds of fearless activists from across the country,” he wrote Monday evening. “Playing by the rules hasn’t worked. (President) Biden must end fossil fuel finance and declare a climate emergency now!”

About 150 people were arrested Monday, University of Idaho senior Ella Weber told the Statesman Monday. Weber was also arrested, according to the Statesman.

Weber managed Rajbhandari’s successful Boise School Board election in 2022, when the then-Boise High School senior unseated incumbent trustee Steve Schmidt.

Rajbhandari began his freshman year this fall at the University of North Carolina, but he remains on the school board.

In April, trustees publicly rebuked Rajbhandari for a profane tweet directed at Gov. Brad Little. In a statement Tuesday, school board President Dave Wagers did not criticize Rajbhandari over the arrest.

Gov. Brad Little vehemently defended the University of Idaho’s proposed University of Phoenix purchase — and told three U.S. senators to butt out of the debate.

In a letter sent Friday — and shared on Little’s account on X, the social media platform formerly known as Twitter — the governor called out Sens. Richard Durbin, D-Ill., Elizabeth Warren, D-Mass., and Richard Blumenthal, D-Conn.

“If you spent as much time focused on securing the U.S.-Mexico border as you did the University of Idaho, we would have fewer drugs pouring into our country,” Little wrote. “We are taking control of our future in Idaho, and we urge the U.S. Senate not to interfere with efforts to make education more attainable in rural America.”

And while he was at it, Little added another item to the senators’ to-do list: “Perhaps you should focus your attention away from Idaho and do your job by passing a responsible federal budget so our government can function properly.”

On Monday, Durbin, Warren and Blumenthal wrote U of I President C. Scott Green, urging him to ditch the $685 million Phoenix purchase. They said the deal threatens the U of I’s good name and its balance sheet, since it could leave the U of I on the hook for thousands of federal student loan writeoffs. They also suggested that Phoenix is pursuing a sale so it can work around federal laws limiting its ability to collect federal financial aid offered under the GI Bill.

Little’s letter addressed neither issue. But Little, a U of I alum, offered perhaps his strongest defense to date of the Phoenix acquisition.

“We have asked our universities to explore innovative steps toward funding and expanding access to affordable learning opportunities for Idahoans,” he wrote. “This deal has the potential to shift many more Idahoans toward rewarding careers, further strengthening our economy, communities, and families, especially in rural Idaho.”

More coverage: Why the University of Idaho-University of Phoenix affiliation is a federal case.

On Wednesday, Green sent off a lengthy — and swift — response to three U.S. senators who are urging the U of I to walk away from the proposed Phoenix purchase.

In their letter Monday, Sens. Richard Durbin, D-Ill., Elizabeth Warren, D-Mass., and Richard Blumenthal, D-Conn., asked Green to respond to a series of questions about the purchase, by Sept. 30.

The reply took only two days, and leaned heavily on a “frequently asked questions” page the U of I has maintained, and amended, since announcing the proposed purchase in May.

As such, Green’s five-page letter doesn’t touch on too much new ground. Green took pains to point out that an affiliated nonprofit, Four Three Education Inc., would acquire and operate Phoenix. He maintained that, even under the most conservative estimates, Phoenix’s cash flow should easily cover Four Three’s bond payments. And he said Phoenix’s move to a nonprofit status would free up new money “for focus on student success” at Phoenix and U of I.

Green also downplayed a key point in the senators’ letter.

The lawmakers contend that the U of I could be on the hook for millions of dollars’ worth of federal student loan writeoffs. A recent Inside Higher Ed article suggests the University of Arizona could face up to $72 million in liabilities from loan writeoffs involving its online partner, Ashford University.

Phoenix has pegged U of I’s loan exposure at $1.5 million a year, although Green has said the U of I’s modeling suggests a possible risk of $5 million to $7 million a year, or more.

But in his letter, Green pointed out that Four Three would receive $200 million in cash from Phoenix, and said Phoenix is “well-prepared” for any possible liabilities.

“Student loan debt is certainly something we pay attention to at U of I … and was considered part of our due diligence,” Green wrote. “As a result of our careful due diligence, U of I leadership has full faith in University of Phoenix’s processes.”

The problem stemmed from a Monday email, discussing minutes from a July 10 Parent Advisory Panel meeting.

One email, from panel member Holly Cook of Boise, suggested a change to the July 10 minutes. The email went to all panel members — and group emails are considered a violation of open meetings law, since the emails bypass discussion in public view.

And shortly before Monday’s meeting, state superintendent Debbie Critchfield sent a stern warning to the panel.

“I am going to ask that you refrain from emailing the entire panel,” said Critchfield, the panel’s nonvoting chair. “We will need to cure this violation at the start of the Sept. 11 meeting. As a reminder, you can be individually fined for violating open meeting laws.”

The “cure,” or remedy of the open meetings violation, took only a matter of moments. At the advice of deputy attorney general Adam Warr, Critchfield simply read the email aloud, before the panel approved meeting minutes.

“I feel badly that we had to cure an alleged violation on account of me,” Cook said in a text after Monday’s meeting.

U of I officials have again delayed their plans to raze the off-campus house, the Idaho Statesman reported Thursday.

The demolition had originally been planned for October. But now, it is on hold until at least mid-December, the Statesman reported.

“The King Road house will not come down this semester,” U of I spokeswoman Jodi Walker told the Statesman’s Kevin Fixler. “We will be moving forward, continuing to prepare for that eventual end.”

Four U of I students — Ethan Chapin, 20, of Mount Vernon, Wash.; Kaylee Goncalves, 21, of Rathdrum; Xana Kernodle, 20, of Post Falls; and Madison Mogen, 21, of Coeur d’Alene — were stabbed to death in the off-campus home on Nov. 13.

The demolition has been in the works since February, when the home’s owner donated the property to the U of I. But in July, the U of I delayed action until October — a timetable that seemed to coincide with the scheduled Oct. 2 trial of Bryan Kohberger, who faces four first-degree murder charges in connection with the slayings.

Kohberger’s trial is on hold.

And while members of the victims’ families have pressed for delaying the demolition until after the trial, the demolition could come sooner, the Statesman reported.

“I think anything’s possible,” Walker told the Statesman. “We certainly want to do what is best for our students, the university and keeping in mind the families as well. It’s a huge decision and a huge moment in their lives.”

The preliminary numbers — including a big surge in first-year students — show signs of a continued rebound, after a decade of enrollment decreases.

“These numbers mark a watershed at ISU,” retiring President Kevin Satterlee said in a news release Wednesday. “They represent the result of intentional strategies implemented over the last few years by the hard work and dedication of our faculty and staff.”

The cause for the optimism: enrollment figures from the first 10 days of fall semester.

A few thumbnails:

• First-time undergraduate enrollment, or freshman enrollment, is up by 361 students. That equates to a 26% increase, and the highest growth rate in a decade.
• Undergraduate enrollment increased by 431 students, the largest increase in 14 years.
• Overall, fall enrollment totaled 9,933, up nearly 2%. That also means Idaho State’s fall enrollment has increased for the third successive year.

The continued increases come after a precipitous decline in enrollment, driven in part by a steep loss of international students. In 2020, after less than two years on the job, Satterlee said Idaho State was facing a $16 million budget shortfall, largely the result of enrollment decreases.

In addition to the early enrollment numbers, Idaho State officials also pointed to signs that more students are staying in the classroom.

Based again on early numbers, Idaho State Wednesday reported a 74% student retention rate. If this figure holds up, it would represent a record retention rate for Idaho State.

Final fall enrollment numbers — for Idaho State and the state’s other public colleges and universities — are due Oct. 15.

All told, 309 traditional and charter schools have signed up for the See Tell Now! tipline — up about one third from the previous year.

The growth in signups also translates into an increase in tips. In 2022-23, the tipline logged more than 460 calls. In 27 cases, students said they were worried about their own mental health, or the welfare of a classmate.

“Students know what’s going on with other students and being able to intercede and provide support early on in the process, is really what we are trying to do,” said Mike Munger, manager of the State Board of Education’s School Safety and Security program. “We don’t want to wait until it becomes so severe that the concern becomes an emergency.”

In 2019, the first year of the tipline, only 64 calls came in.

Students can reach See Tell Now! by phone, at 888-593-2835, through the website, or through an Apple or Android app.

The 2022 Legislature provided permanent funding for the tipline, which is free to schools.

Pointing to an increase in state funding, the Lewiston School District is reducing its supplemental levy rate.

The Lewiston Tribune reported Wednesday on the board’s decision.

The district’s current levy allowed Lewiston to collect $420 per $100,000 of taxable value. In March, voters approved a five-year levy renewal, starting in 2024, at a reduced rate $395 per $100,000 of taxable value.

However, trustees voted to reduce the levy rate a year ahead of schedule.

“The voters renewed the levy and did their part and supported the school,” said board President Brad Cuddy, according to the Tribune’s report. “We believe it’s time to do our part and not tax more than we need.”

State funding also factored into Lewiston’s decision. The district will receive $35.4 million from the state this year, a $3.7 million increase, the Tribune reported.

Lewiston’s levies are an anomaly in state law.

As a “charter” district, predating statehood, Lewiston retains unique taxing authority. Lewiston can collect a five-year supplemental levy, while most districts are limited to one- or two-year levies. And Lewiston can seek a levy at a set tax rate, based on taxable value.

More reading: Click here for EdNews’ in-depth series on supplemental tax levies.

Kevin Richert joins Public TV’s Logan Finney to recap Tuesday’s school elections, including the high-profile recall elections in the West Bonner School District.

As previously announced, State Board members and Idaho State alums Cally Roach and Cindy Siddoway will co-chair the committee. On Tuesday, the board announced the committee’s 10 other members:

• Stephanie Adams, board member, ISU Alumni Association.
• Colden Baxter, chair, ISU Faculty Senate.
• Art Beary, business and community representative.
• Teresa Conner, dean, ISU College of Health.
• Dave Jeppesen, past chair, ISU Foundation.
• Brian Sagendorf, vice president of operations, representing ISU administration.
• Jessy Sears, president, ISU Staff Council.
• Pauline Thiros, ISU athletic director.
• Claudia Washakie, secretary, Fort Hall Business Council.
• Emma Watts, president, Associated Students of Idaho State University.

“We have a strong committee of ISU stakeholders who care deeply about the institution,” State Board President Linda Clark said in a news release. “Idaho State University has been on a roll these past five years and the next president needs to continue and build on that momentum.”

The State Board also said it had hired the Oak Brook, Ill.-based firm WittKieffer to head the search, at a cost of about $161,700.

Idaho State’s 14th president will succeed Kevin Satterlee, who announced his retirement in June. Satterlee will step down on Dec. 31.

Recall elections are rarely successful at any level of Idaho government — including school boards.

How rare? For answers, we turn to the online political almanac Ballotpedia (and with a shoutout to Idaho political junkie Holly Cook, who used the platform formally known as Twitter to drop some knowledge from Ballotpedia).

The most recent successful trustee recall took place in November 2020. Whitepine voters ousted Aaron Proctor, one of three trustees who supported pandemic-driven policies requiring facemasks in classrooms and on buses.

From there, you have to go back to May 2016, when months of infighting spawned a successful recall in the state’s largest school district. West Ada voters recalled trustees Tina Dean and Carol Sayles. Fellow trustees Russ Joki and Julie Madsen resigned before the election.

In November 2015, Caldwell voters recalled trustees Leif Skyving and Amy Rojas.

But that’s it for the past decade.

Meanwhile, recall efforts in a dozen Idaho districts fizzled out over the past decade.

In some cases, a majority of voters simply decided to keep the trustee in office.

In other cases, a recall received majority support — but not enough votes to pass. Under state law, the number of votes supporting recall must exceed the number of votes an official received in the previous election.

Other recall elections fizzled when organizers failed to collect the signatures needed to get the question on the ballot. That includes a short-lived 2015 recall campaign in West Bonner.

A committee reviewing Idaho’s school funding formula will get back to work Thursday.

But to no great surprise, the committee won’t finish its work Thursday.

State superintendent Debbie Critchfield gave the group an ambitious assignment: Rewrite the complicated formula by Sept. 1. Considering that the committee held its first meeting on July 19, that timetable was optimistic from the outset. After all, the formula for carving up Idaho’s K-12 dollars has been on the books for three decades — and from 2016 through 2019, a legislative committee spent three years working on a rewrite, to no avail.

During last week’s State Board of Education meeting, Critchfield spoke of tempered expectations.

She said the committee can work on ways to reorganize the budget — rearranging the pieces that eventually find their way into seven separate K-12 budget bills. That work could be done in time for Critchfield to incorporate the changes into her 2024-25 budget proposal, due to Gov. Brad Little’s office by Friday.

The policy end of the project will continue past this week, Critchfield said. That includes resolving the complicated but thorny debate about whether to base K-12 spending on student enrollment or student attendance. Idaho has dropped an enrollment-based model, adopted temporarily during the pandemic.

“There still will be work to do.” Critchfield told State Board members. “We’ve got a lot of money, it’s available, let’s make sure our schools are able to access that.”

Check back Thursday for committee meeting coverage.

Last week, a divided board of trustees hired Sandpoint attorney Colton Boyles as the college’s general legal counsel.

Boyles scored lowest on an NIC administrators’ review of four candidates, at a 60% rating. The other finalist, the Spokane, Wash.-based Stevens Clay law firm scored 97%.

“We are one bad board meeting away from losing accreditation,” trustee Tarie Zimmerman said at last week’s board meeting, according to the Spokane Spokesman-Review. “How can we put forth someone who scored 60%? … That’s a D-minus.”

Boyles also has extensive ties to right-wing politicians, including former gubernatorial candidate Ammon Bundy, the Spokesman-Review reported. He also unsuccessfully represented then-Lt. Gov. Janice McGeachin in an open records lawsuit filed by the Idaho Press Club.

Boyles also pleaded guilty in December to a charge of driving under the influence, and remains on probation until Dec. 12.

Boyles will receive $275 an hour for legal work, the Spokesman-Review reported.

Trustees Greg McKenzie, Todd Banducci and Mike Waggoner voted to hire Boyles. Zimmermann and Brad Corkill voted no.

On an identical 3-2 vote, NIC voted to retain former legal counsel Art Macomber — at an increased hourly rate.

Trustees hired the Coeur d’Alene attorney and unsuccessful GOP attorney general’s candidate in December. After a turbulent tenure, Macomber said in May that he would be stepping down.

Banducci recommended keeping Macomber on to work on college policies, President Nick Swayne’s summer evaluation and an undisclosed personnel issue, the Coeur d’Alene Press reported.

Macomber will earn $400 an hour, up from $325.

“I’ve worked for many months at $325, and I can’t do that anymore,” said Macomber, according to the Coeur d’Alene Press.

In a scathing report issued late Monday afternoon, Legislative Services Office auditors said they found several serious problems with the federally funded program. The LSO says the state Department of Health and Welfare overspent the federal grants, probably approved some improper taxpayer-funded purchases, and failed to make sure the program served 5- to 13-year-olds, as state law mandated.

“We identified a lack of internal controls throughout the program,” auditors wrote. “These findings are serious enough to report to the Idaho Attorney General.”

In a statement late Monday, Health and Welfare Director Dave Jeppesen said his department “respectfully disagrees with all of the report’s findings.”

The 55-page report marks the latest development in an ongoing dispute over the Community Partners Grants program. Using federal COVID-19 aid dollars, the 2021 Legislature created the grant program, hoping to reverse learning loss and other aftereffects from the pandemic.

A series of problems have plagued the rollout, LSO auditors wrote:

• The state appropriated $36 million in federal grants for the first year of the program. Health and Welfare handed out more than $36.4 million.
• Grant applicants sought to use money to cover a bevy of improper expenses, such as rental assistance, computers, playgrounds and other equipment — totaling roughly $3.8 million over two years. As a result, some grant dollars were “likely used” to cover purchases that fell outside state law, auditors wrote.
• Some grant recipients received too much money — because they applied for multiple awards, and Health and Welfare approved their applications. As a result, much of the grant money went to parties with statewide reach, including the University of Idaho, the United Way and the Idaho Association for the Education of Young Children, an early education nonprofit.
• Reviewing 145 grant applications, auditors found that nearly 30% of the programs served children under the age of 5, or over the age of 13. Health and Welfare failed to set up “procedures or internal controls” to make sure the grants met the Legislature’s intent, supporting 5- to 13-year-olds.

Throughout the audit, Health and Welfare disputed all of the LSO’s findings. Minutes after the release of the audit Monday, Jeppesen doubled down in a statement to the media. He praised Health and Welfare staff for setting up “a successful, appropriate, accountable program” serving thousands of Idahoans.

“The grants are helping children across Idaho learn and stay safe, and we’re proud to be a part of it.”

The LSO audit could amplify a rift over the grants — pitting Jeppesen and his department against Attorney General Raúl Labrador and his staff.

In March, Health and Welfare sued Labrador, seeking to halt his office’s probe into the program. Earlier this month, a judge said Labrador would need to appoint a special prosecutor to investigate the program.

Health and Welfare has maintained that it followed advice from the attorney general’s office in launching the grant program.

The state Land Board last week approved the payouts for the next budget year, which begins July 1.

The payments come after a strong year for the state’s $3 billion endowment fund, which grew by 10.9%. It also comes as the state’s endowment lands generated $52.5 million in income, largely through timber sales.

K-12 is historically the state’s largest endowment beneficiary, and that won’t change next year.

Here’s how the 2024-25 payouts break down.

• Public schools: $63 million, up 2.4%.
• State Hospital South: $7.8 million, up 2.5%.
• University of Idaho, School of Science: $6.7 million, up 0.7%.
• University of Idaho: $6.1 million, up 4.5%.
• Idaho State University normal school: $3.6 million, up 9.7%.
• Lewis-Clark State College normal school: $3.6 million, up 9.7%.
• State prison: $3.2 million, up 0.5%.
• University of Idaho, College of Agriculture: $2 million, up 3.4%.
• Idaho State University: $1.9 million, up 1.5%.
• Juvenile corrections: $1.9 million, up 1.5%.
• State Hospital North: 1.9 million, up 1.5%.
• State veterans’ hospital: $1.2 million, up 1.5%.
• Idaho School for the Deaf and the Blind: $237,200, up 1.5%.
• Total: $103.2 million, up 2.9%.

While the K-12 payout will be a record, it still represents a small fraction of overall public school spending. This year’s K-12 budget totals nearly $2.7 billion — with most of the proceeds coming from taxes.

The Land Board — Gov. Brad Little, state superintendent Debbie Critchfield, Attorney General Raul Labrador, Secretary of State Phil McGrane and Controller Brandon Woolf — oversees management of the state’s 2.5 million acres of endowment land.

And in one case, the U of I rewrote the page, days after an Idaho Education News story called the university’s facts into question.

Here are a few new nuggets and highlights:

Legal advice from Hawley Troxell, the U of I’s pricey outside counsel:

The U of I attached a July Hawley Troxell memo to the FAQ page. A few items of note:

• Hawley Troxell basically rejects any constitutional challenges to the Phoenix purchase. The Boise law firm says the State Board of Education — acting as the U of I’s board of regents — has “ample powers” to create a separate nonprofit to buy Phoenix; acquire assets through the nonprofit; allow the nonprofit to issue debt to finance the Phoenix deal; and use “university liabilities” to backstop the nonprofit’s financing plan.
• Even though the U if I is agreeing to backstop the financing — at up to $10 million per year — Hawley Troxell contends that the nonprofit’s debt cannot “migrate” and become the state’s debt.
• The university’s nondisclosure agreements with Phoenix were legal. “Nothing in Idaho law prohibits public entities from entering into such nondisclosure agreements.”

Hawley Troxell is a key player in the Phoenix saga. As Idaho Education News reported this week, the U of I paid the firm close to $200,000 for the first half of the year — for largely unexplained legal work.

Comparing the Phoenix purchase to the U of I’s troubled University Place project:

This has been an elephant in the room since May, when the news of the $685 million Phoenix purchase first hit the streets.

Critics have drawn unsavory parallels to University Place and the Water Center, the U of I’s troubled Downtown Boise campus project from the early 2000s.

Turns out that U of I President C. Scott Green, an accountant by trade, has written a book on the topic. (Or, parts of two books.) So here’s the U of I response, in full.

“President Green has written on this topic in one of his two previously published books and more recently on university management issues in a book currently under production that should be published at the end of the year. The president fully understands the flawed structure and execution of the Water Center project.

“But the two projects could not be more different. The Water Center was a real estate development project over 20 years ago that ran into financial trouble due to prolific spending and conflicts of interest between the U of I Foundation and the university, the most notable being that the CFO of the university was also the CFO of the Foundation and was moving money back and forth between the two entities and spending millions in pre-construction costs without oversight. University administrators chose to do all the work themselves, excluding their own general counsel and did not bring independent consultants in to advise. President Green has been involved in high-dollar transactions his entire career and firmly believes the initiative to affiliate with University of Phoenix is quite different from the Water Center. This is a transaction to buy a profitable business and benefit from its technologies and online support strengths. The university brought in the brightest minds to ensure the new entity is set up under modern corporate governance and risk mitigation standards.

“The only thing about this project that resembles University Place and the Water Center is that it involves the University of Idaho.”

A new and rewritten timetable:

The U of I quietly deleted and rewrote a section of the FAQs, which said Phoenix first approached the university about a purchase in March.

The U of I made the change days after EdNews published a story — based on public records received through the university — that refuted this original timetable.

This is, evidently, a sore point for Green. In an email to alumni Tuesday, Green accused EdNews of publishing a “negative narrative” about the negotiations process. But his email — and the rewritten FAQ page — clearly changes the U of I’s official account, and aligns with EdNews’ report.

From the new FAQs: “We were first approached in early February 2023, and while there were preliminary discussions with the seller and the sellers’ representatives to understand the opportunity and determine if it was something we would be interested in, we entered into negotiations and due diligence in earnest mid-March.”

On the Legislature’s role …

The FAQs address a touchy political question — one that came up during a Joint Finance-Appropriations Committee oversight hearing in June: Why didn’t the U of I engage with legislators on the possible purchase?

“This opportunity came to us unexpectedly and very close to the time it was made public. … Until the week of March 22, 2023, there simply was not enough common ground found with the seller to have a meaningful conversation.

“While some may now suggest that a slower, more public process would have been preferred, this transaction moved at the speed of business to get us to this point — the point where we were able to agree to terms with the seller and could fully recognize the potential of this platform for all of Idaho.”

… and on future legislative budget decisions:

The FAQs later broach another touchy question. If the U of I receives a flow of newfound revenue through Phoenix — say, $10 million, a year — could the budget-writers on JFAC simply cut the state’s U of I appropriation to match?

The U of I concedes that such a zero-sum approach is possible. “but we don’t believe that is what the Legislature wants to do. …

“U of I is simply engaging in a unique opportunity to supplement the state dollars and provide an even greater economic return back to the state for that continued investment. … We would hope the Legislature would want to work with us to be successful.”

On Attorney General Raúl Labrador’s lawsuit, alleging the State Board’s closed-door discussions of the Phoenix purchase violated open meeting law:

The U of I didn’t say how the lawsuit might affect the Phoenix project. “This may take time to work its way through the courts, but our board believes they will prevail.”

A hearing on a motion to dismiss the suit is scheduled for Aug. 10.

However, the U of I appears to be on pace toward a multiyear, $500 million fundraising goal.

The U of I will divvy up this year’s $57.5 million as follows:

• Faculty, research and programs: $27.5 million.
• Student scholarships and programs: $22.9 million.
• Facilities and other areas: $7.1 million.

“We are deeply grateful for the donors and alumni whose support is amplifying our impact throughout Idaho and beyond our borders,” U of I President C. Scott Green said in a news release. “Every gift makes a difference in our mission to serve the people, industries and communities across our state.”

This year’s fundraising is down about 11% from last year’s $64.6 million, a record.

Since 2015, the U of I has raised more than $394 million for its Brave. Bold. Unstoppable. fundraising campaign.

By the end of 2025, the U of I hopes to raise $500 million through this campaign.

Gary Smith was sworn in Tuesday.

Smith most recently served as board chair for the United Way of Treasure Valley and the Boys and Girls Clubs of Ada County. Prior to that, Smith served in several capacities in local and state government.

At the municipal level, Smith was an elected Boise City Council member. During Kempthorne’s tenure as Boise mayor, Smith also served as his chief of staff.

When Kempthorne was later elected governor, Smith served as his deputy chief of staff from 1999 to 2004, and headed the state’s Department of Insurance from 2004 to 2006.

“These are exciting times for CWI with the recent announcement of the significant expansion of their physical footprint, and I am honored to continue my long history of community service as part of the leadership team of College of Western Idaho,” Smith said in a news release.

In the same release, board chair Molly Lenty praised Smith’s experience and leadership. “His commitment to serving and assisting his community is truly commendable.”

Smith succeeds Zone 4 trustee Annie Pelletier Hightower, who resigned in June.

State superintendent Debbie Critchfield also named three of her top aides to serve on the committee.

The committee met for the first time last week, and is expected to meet again next week.

Critchfield hopes the committee will rework the K-12 formula by Sept. 1 — her deadline to submit a 2024-25 budget proposal.

The state has not rewritten its funding formula since 1994.

Critchfield, Sen. Lori Den Hartog, R-Meridian, and Rep. Wendy Horman, R-Idaho Falls, are co-chairing the committee.

Here’s the rest of the roster:

• April Burton, Bonneville School District, Idaho Association of School Business Officers
• Ryan Cantrell, deputy state superintendent, State Department of Education
• Sen. Cindy Carlson, R-Riggins
• Linda Clark, president, State Board of Education
• Rep. Jaron Crane, R-Nampa
• Brady Dickinson, superintendent, Twin Falls School District
• Angela Durick, Coeur d’Alene Charter School
• Katie Ebner, Post Falls School District, Idaho Association of School Business Officers
• Rep. Soñia Galaviz, D-Boise
• Jonathan Gillen, West Ada School District, Idaho Association of School Business Officers
• Andy Grover, executive director, Idaho Association of School Administrators
• Sen. C. Scott Grow, R-Eagle
• Nichole Hall, director, Idaho Public Charter School Commission
• Chris James, Cassia County School District, Idaho Association of School Business Officers
• Jason Knopp, Melba school trustee, Idaho School Boards Association
• Brian Kress, superintendent, Blackfoot School District
• Sen. Dave Lent, R-Idaho Falls
• Rep. Ron Mendive, R-Coeur d’Alene
• Bobbi-Jo Meuleman, deputy chief of staff, Gov. Brad Little
• Becky Meyer, superintendent, Lake Pend Oreille School District
• Stephanie Myers, Idaho Education Association
• Chris Parri, Idaho Education Association
• Quinn Perry, deputy director, Idaho School Boards Association
• Rep. Elaine Price, R-Coeur d’Alene
• Matt Reiber, education policy adviser, Gov. Brad Little
• Anne Ritter, vice chair, Idaho School Boards Association
• Jacob Smith, Idaho Public Charter School Commission
• Paul Stark, executive director, Idaho Education Association
• Misty Swanson, executive director, Idaho School Boards Association
• Jared Tatro, deputy division manager, Legislative Services Office
• Jenn Thompson, chief policy and government affairs officer, State Board of Education
• Gideon Tolman, chief financial officer, State Department of Education
• Sen. Janie Ward-Engelking, D-Boise
• Greg Wilson, chief of staff, State Department of Education
• Sen. Chuck Winder, R-Boise
• Rep. Julie Yamamoto, R-Caldwell
• Blake Youde, Idaho Charter School Network

The decision appeared to have nothing to do with politics — and came down to whether the $175-a-year membership was worth the money.

On Thursday, state librarian Stephanie Bailey-White offered more details about Idaho’s relationship with ALA, a group that has drawn criticism in conservative circles. Earlier this week, a group of 13 hardline conservative lawmakers urged Idaho libraries to sever their ties with ALA — citing a since-deleted April 2022 tweet from ALA President Emily Drabinski, in which the Boise High School graduate described herself as a “Marxist lesbian.”

The 13 lawmakers want Idaho public and school libraries to drop the ALA, saying the association’s role “in corrupting libraries and exposing children to a pernicious ideology can no longer be ignored.” The Montana State Library Commission voted earlier this month to drop its ALA membership.

Bailey-White noted earlier this week that the Idaho commission is not an ALA member. In an email to Idaho Education News, she explained the decision.

The membership provided the state a 10% discount on ALA-provided books and resources, as well as a discount for posting job openings on a national platform. Some years, those discounts more than offset the membership cost.

“We hadn’t been utilizing many of those discounts in 2021-2022, thus the decision to not renew,” Bailey-White wrote Thursday.

Commission members voted in September to end the state’s ALA membership. The membership expired five months later.

Under a longstanding commission policy, the state does not pay for individual memberships to ALA. “Staff who choose to become members pay for membership on their own,” Bailey-White wrote.

Still, since 2019-20, the state commission has spent $6,319.76 of state tax money and federal funds on ALA services. These numbers come from Transparent Idaho, the state’s online checkbook.

In 2022-23, the commission spent $970 in state general fund money for training, allowing four staff members to ALA-sponsored conferences.

In 2020 and 2021, the commission spent $1,357 per year for virtual webinars, hosted by the Young Adult Library Services Association, a division of ALA.

“This was a cost-efficient way to provide access to virtual professional development specific to serving teens in a library setting, especially during the COVID years when in-person attendance was challenging,” Bailey-White wrote.

But after interest waned in the training, and as data on attendance grew spotty, the state dropped this project, Bailey-White said.

The new president should be on board by Jan. 1, eliminating the need for an interim president, Idaho State said in a news release Monday.

State Board of Education members Cally Roach and Cindy Siddoway will head the search committee. Both are Idaho State alums.

“We are eager to work with ISU stakeholders to find the next president to lead the university to new heights in the coming years,” Siddoway said in a news release.

The next step for the board is to assemble a search committee, which will include university representatives, alumni and community members. The board will also hire an executive search firm to help in the recruiting.

The board is looking for a successor to Kevin Satterlee, who on June 12 announced he will retire at the end of the year.

But Stratsi Kulinski isn’t apologizing for pushing back in a branding dispute over the NewU name.

“This certainly caused confusion in the marketplace for an extended period,” Kulinski said in an email to Idaho Education News Tuesday. “As the founder and president of NewU University, I will vigorously defend its interests when we are harmed.”

In his email, Kulinski stopped short of calling the matter closed — and he doesn’t rule out seeking money from the U of I.

There is little common ground between the U of I and NewU University; the former is a state land-grant institution founded in 1889, the latter a private school that opened in fall 2022, with the promise of offering three-year bachelor’s degrees. But the branding dispute put these two institutions on an unlikely collision course.

In mid-May, the U of I abruptly announced a $685 million plan to acquire the University of Phoenix. The U of I announced that it would create a standalone nonprofit to take over the for-profit online university. The university and the State Board of Education identified the nonprofit as NewU Inc.

On May 31, an attorney for NewU University demanded that the U of I find a new name for its nonprofit. “Our client is especially concerned that it could be perceived to be associated with the University of Phoenix and/or the University of Idaho,” Thomas Brooke wrote in a letter to U of I officials. “NewU specifically chose a unique name so as to avoid any confusion with third parties in higher education.”

Brooke also demanded the U of I pay NewU University $25,000 to cover its “reputational and financial loss,” and $25,000 per week for as long as U of I used the NewU brand.

In a subsequent June 9 letter to a U of I attorney, Brooke doesn’t mention money. Instead, he lists several collaboration options: a joint, Washington, D.C.-based undergraduate program for international students; a “Semester in D.C.” program for U of I undergrads; an “articulation agreement” between the universities; and the use of NewU University facilities as a proctor site in Washington, D.C.

U of I officials have since renamed its nonprofit Four Three Education, and have said they consider the branding issue closed. The U of I has no plans to pay NewU University, U of I spokeswoman Jodi Walker said last week. She also downplayed the prospects for working with NewU University. “While we would never rule out the possibility of collaboration that makes sense for our students, this is not or focus right now.”

The branding dispute was unfortunate, Kulinski said, “but I subscribe to the belief that ‘to err is human.’” And he says a collaboration would buttress public confidence in the U of I.

“The proposed collaboration between NewU University and the University of Idaho is a genuine test of how competent and visionary higher education leaders could turn a crisis into an opportunity,” he said. “It is now up to the University of Idaho to demonstrate to all stakeholders and observers that its leadership team is capable of smoothing bumps on the road proactively, expediently, and in good faith.”