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Legislature Week 2: Lawmakers Question Need for Educating SPED Students

Superintendent Critchfield faces pushback from legislators over education budget.
A moody, atmospheric black-and-white photo of the Idaho Statehouse
Published: January 23, 2026

The big picture: Lawmakers were behind schedule in setting their revenue targets in the Joint Finance-Appropriations Committee, but that changed this week, clearing the way for state agencies to present their proposed budgets to lawmakers.  

• The revenue targets settled on by lawmakers —$5.665 billion for fiscal year 2026 and $5.817 billion for fiscal year 2027 —are higher than what the governor assumed in his annual budget requests.  

Critchfield presents to JFAC: Superintendent of Public Instruction Debbie Critchfield made her case for her proposed public schools budget, requesting $5 million for a high-needs fund for special education (SPED) students (estimates of the current special education budget shortfall are around $80 to $100 million) and $1 million to staff service centers with specialists, such as speech-language pathologists, who can provide an entire region with support. 

• The governor’s budget calls for K-12 to be protected from the 3% holdbacks instituted across other state agencies.  

• JFAC committee member Sen. Cindy Carlson (R-Riggins) asked Critchfield what a 5% holdback would mean for public education. “When we look at the budget and the thought that we put into recommendations, I don’t even know where to start with that,” Critchfield said.  

Lawmakers don’t seem to understand special education: Rep. Kyle Harris (R-Lewiston) and Rep. Steve Miller (R-Fairfield) seemed unaware of the federal requirements for educating SPED students.  

• “This might be a dumb question, but have we defined special ed?” Carlson asked Critchfield. She then asked whether the number of special education students could be “mitigated.” Critchfield informed her that those standards are set by the federal government and that any student has the right to be evaluated for special ed. Carlson then asked whether the state could refuse federal special education money. 

• Harris questioned why districts would spend money to pay for housing for SPED students, as provided in the McKinney-Vento Act. Critchfield told him federal law requires districts to address issues like housing.  

• Harris asked why a proposal for a high-needs special education fund was back on the table after being killed by one vote last year. Critchfield pointed to the ongoing need, calling the $5 million in her project a “bridge” until proper funding can be put in place: “Simply put, the problem is still there. And until we have a larger fix, we’ve got to have something to help offset some of those costs related to special ed.” 

Rep. Steve Miller (R-Fairfield) said school funding should be tied to outcomes, then questioned whether SPED students should receive an education at all. “If a student has no future in some level of self-care, then I believe they need to be in facilities that have the professional capability of taking care of them … we need to draw that line in education,” he said.  

Other news:  

Sen. Kevin Cook (R-Idaho Falls) introduced a bill to give the State Department of Education authority to make rules for AI usage in schools. 

• Rep. Chris Mathias (R-Boise) reintroduced his bullying reporting bill, which would require parents of both parties involved in a “serious bullying incident.” A version of the bill has failed twice before.  

• Rep. Elaine Price (R-Coeur d’Alene) introduced a bill to repeal the Blaine Amendment, which prohibits public funds being used for religious purposes.  

• Rep. Dale Hawkins (R-Fernwood) introduced a bill to “clean up” a 2025 law that prohibits instruction about sexual orientation and gender identity.  

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