States findings of the Legislature and calls on the President of the United States and Congress to assist states in covering the costs of educating students residing in the United States regardless of immigration status.
EDUCATION FUNDING -- States findings of the Legislature and calls on the President of the United States and Congress to assist states in covering the costs of educating students residing in the United States regardless of immigration status.
STATEMENT OF PURPOSE
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RS33682 / HJM020 This monument memorializes that due to the U.S. Supreme Court decision, Plyler v. Doe (1982, 457 U.S. 202), Idaho is required to offer free public K-12 education to every student regardless of immigration status. However, it is not clear that the federal government fully reimburses Idaho to compensate for this requirement. Since immigration policy is set by the federal government, this monument calls on the U.S. Congress make Idaho whole for meeting this requirement.
FISCAL NOTE
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This legislation causes no increase or decrease in revenue, or additional expenditure of funds at the state or local level of government; therefore, this legislation has no fiscal impact.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT MEMORIAL NO. 20 BY EDUCATION COMMITTEE A JOINT MEMORIAL 1 TO THE PRESIDENT OF THE UNITED STATES, THE PRESIDENT OF THE UNITED STATES 2 SENATE, THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, THE 3 SECRETARY OF STATE OF THE UNITED STATES, AND THE CONGRESSIONAL DELE- 4 GATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED 5 STATES. 6 We, your Memorialists, the House of Representatives and the Sen- 7 ate of the State of Idaho assembled in the Second Regular Session of the 8 Sixty-eighth Idaho Legislature, do hereby respectfully represent that: 9 WHEREAS, the State of Idaho is constitutionally obligated to maintain a 10 general, uniform, and thorough system of public, free common schools; and 11 WHEREAS, federal immigration policy and enforcement are powers vested 12 exclusively in the United States Congress; and 13 WHEREAS, pursuant to the decision of the United States Supreme Court in 14 Plyler v. Doe, 457 U.S. 202 (1982), states are required to provide access to 15 public K-12 education to students residing within their borders regardless 16 of immigration status; and 17 WHEREAS, the fiscal responsibility for complying with such federal con- 18 stitutional requirements rests primarily with state and local governments, 19 without a dedicated federal funding stream tied to immigration status or 20 lawful presence; and 21 WHEREAS, the average per-pupil expenditure in the State of Idaho is ap- 22 proximately $11,000 per student per year, and the aggregate cost to Idaho of 23 educating students whose presence in the United States is governed by fed- 24 eral immigration policy represents a significant and ongoing financial com- 25 mitment borne primarily by state and local taxpayers; and 26 WHEREAS, students requiring English language acquisition services, re- 27 medial instruction, and supplemental academic supports often generate addi- 28 tional instructional costs beyond base per-pupil funding; and 29 WHEREAS, federal funding under Title I of the Elementary and Secondary 30 Education Act (ESEA), intended to support low-income students, and Title 31 III of ESEA, intended to support English learners, does not fully reimburse 32 states or school districts for the actual costs of providing required ser- 33 vices; and 34 WHEREAS, the allocation formulas under Title I and Title III of ESEA are 35 not designed to offset the full fiscal impact on states arising from federal 36 immigration policy decisions or constitutional requirements; and 37 WHEREAS, Idaho's local school districts must balance constitutional 38 educational obligations with limited state and local revenues, creating 39 measurable budgetary pressures that may affect staffing levels, class 40 sizes, and program offerings for all students; and 41 WHEREAS, principles of fiscal federalism support the proposition that 42 when federal policy decisions generate substantial financial obligations 43 -- 1 of 2 -- 2 for states, the federal government should provide commensurate funding sup- 1 port. 2 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses- 3 sion of the Sixty-eighth Idaho Legislature, the House of Representatives and 4 the Senate concurring therein, that: 5 (1) The Idaho Legislature respectfully urges the Congress of the United 6 States to establish a dedicated federal reimbursement or block grant program 7 to assist states in covering the costs of educating students residing in the 8 United States regardless of immigration status. Such funding should be de- 9 signed to supplement, not supplant, existing Title I and Title III ESEA al- 10 locations and should reflect actual per-pupil expenditures incurred by the 11 State of Idaho; 12 (2) Congress should review and revise federal education funding for- 13 mulas to ensure that states disproportionately impacted by federal immigra- 14 tion policy receive equitable fiscal support; and 15 (3) Congress should commission a comprehensive fiscal impact study 16 evaluating the aggregate cost to states of complying with federal constitu- 17 tional and immigration-related educational obligations. 18 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa- 19 tives be, and she is hereby authorized and directed to forward a copy of this 20 Memorial to the President of the United States, the President of the United 21 States Senate, the Speaker of the United States House of Representatives, 22 the Secretary of State of the United States, and the congressional delega- 23 tion representing the State of Idaho in the Congress of the United States. 24 -- 2 of 2 --
LATEST ACTION
Reported Printed and Referred to Education
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Mar 12, 2026
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