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S 1439

EDUCATION – Amends existing law to revise provisions regarding the Model School Facility Council.

68th Legislature, 2nd Regular Session (2026)

Idaho shifts the deadline to adopt a statewide model school facility plan to 2027, guiding how School Modernization Facilities Fund money is spent and reported.

Signed by Governor on 04/10/26 Session Law Chapter 321 Effective: 04/10/2026
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Bill Summary · S 1439

Summary of Senate Bill No. 1439 (S 1439), 2026 Session – Idaho

Purpose and main intent

  • S 1439 amends Idaho Code § 33-917 to revise provisions related to the Model School Facility Council and the planning process for using the School Modernization Facilities Fund.
  • The bill shifts the deadline for delivering a model school facility plan from 2026 to 2027, giving more time to develop a comprehensive plan and guidance for districts on facility construction, modernization, and fund use.

Key provisions and changes

1) Use of facilities funds (33-917(1) and related subsections)

  • Funds distributed to school districts must be used for:
    • Regular/major facilities maintenance, preventive maintenance, building repairs, and building security.
    • Periodic major facilities projects (planning, design, construction, renovation, retrofitting, replacing buildings and systems, site acquisition/improvements, and new construction).
    • Districts electing annualized distributions must use funds in accordance with section 33-911.
  • Any funds designated for facilities but used for other purposes must be returned to the state and deposited into the School Modernization Facilities Fund. If not returned, the shortfall may be deducted from the district’s next state payment.
  • Funds must be used only for facilities directly related to the district’s core educational mission; facilities with a primary athletic purpose are explicitly excluded from funding eligibility.

2) Reporting requirements (33-917(3))

  • Each district must annually report to the Idaho State Department of Education (SDE) on planned vs. actual expenditures of funds received under this section, using a format prescribed by the SDE.

3) Model School Facility Council (33-917(4))

  • A Model School Facility Council must be created by July 1, 2024, to research, adopt, and recommend a model school facility plan for use with School Modernization Facilities Fund moneys.
  • Council composition and leadership:
    • Chaired by the Executive Director of the Office of the State Board of Education; administrative support provided by the Office of the State Board of Education.
    • Nine members total: three appointed by the governor, three by the speaker of the house, and three by the president pro tempore of the senate.
  • Deliverables:
    • Adopt a model school facility plan and submit it to the legislature by July 1, 2026 2027 (the date updated to 2027 per the bill’s purpose).
    • The plan must:
    • Outline a clear facility construction plan with standardization for elementary, middle, and high schools.
    • Consider variability in school properties, objectives, and goals.
    • Consult with necessary experts to develop a thorough plan for guiding fund use from the School Modernization Facilities Fund.

Affected parties

  • Idaho school districts (receivers and users of facilities funds).
  • Idaho State Department of Education (reporting and oversight role).
  • Office of the State Board of Education (administrative support and executive leadership for the council).
  • Governor, Speaker of the House, and President Pro Tempore of the Senate (appointing three members each to the Model School Facility Council).
  • Students, teachers, and communities impacted by school facility planning, construction, and maintenance decisions (through funding eligibility and facility planning standards).

Timelines and procedural aspects

  • Model School Facility Council established by July 1, 2024.
  • Model plan due to the Legislature by July 1, 2026 2027 (the bill extends this deadline to 2027).
  • The act includes an emergency clause, making the measure effective upon passage and approval.

Fiscal considerations

  • The accompanying statement indicates no net fiscal impact to the State or General Fund; the bill only moves forward the deadline for the model plan. Local district expenditures and state payments governed by existing statutes remain subject to current rules.
  • All funds must be used for facilities aligned with the core educational mission; misallocation must be rectified through repayment or deduction from future state payments.

Additional notes

  • The bill retains the overarching framework that funds must be used for facility-related needs, with strict prohibitions on using facilities funds for non-educational or primarily athletic facilities.
  • The core policy objective is to standardize and guide school facility planning and funding use through a formal model plan developed by a multidisciplinary council.

Compiled from official sources — confirm details with the bill’s official record.

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