Bill would take school closures out of health officials' hands

A legislative working group is recommending that local health officials be stripped of their authority to close public schools in response to a public health emergency.

The move comes amid political infighting over how much authority public health districts should have during the global coronavirus pandemic to limit in-person classes or to mandate face masks when students return to school in the coming weeks.

Under current law, the Idaho Department of Health and Welfare and local public health districts can order schools to close, if needed to prevent the spread of contagious or infectious diseases.

However, the joint Education Working Group on Monday recommended a draft bill that would remove that authority — meaning only political entities such as local school boards, the State Board of Education or the governor could order school closures.

“A lot of people are willing to go back to school or go back to work, yet we’re letting a few fearful people control the lives of those of us who aren’t fearful,” said Sen. Steven Thayn, R-Emmett, during the working group’s lengthy discussion of the proposed bill.

“What’s happening is we have a standardized approach from people who say we need to ‘listen to the experts,’ ” Thayn said. “But listening to the experts to set policy is an elitist approach. I’m very fearful of an elitist approach. I’m fearful it leads to totalitarianism, especially when we say we’re doing it for the public good.”

America was “founded on the idea that people should weigh their own risks and do what they think best for their own interests,” he said. “The role of experts is to give the best information they have and then we (elected officials) should weigh it. They should never set policy.”

Several other Republicans on the working group said school boards should make the decisions about school operations, since they’re elected and accountable to the voters.

That prompted a sharp retort from Rep. Steve Berch, D-Boise.

“I’m really struggling with this notion of individuals making decisions in their own best interests, without any concern for what happens to other members of the community,” he said. “At some point, folks, as an education committee, I hope we actually value and respect people who are educated in their fields far more than the members of a school board are. This isn’t sacrificing individual liberty; it’s balancing the governing process while protecting the larger community.”

The House members on the working group voted 11-3 to recommend that the draft bill be considered during the upcoming Aug. 24 special session. The Senate members approved the motion on a 5-4 vote.

The group also voted 13-1 and 7-2, respectively, to advance a second draft bill giving the State Board of Education the exclusive authority to close college and university facilities or campuses in response to a public health emergency. Community college boards of trustees would have similar authority for their institutions.

Per the Idaho Constitution, Gov. Brad Little gets to decide exactly what issues or bills will be discussed during the session.

The governor previously suggested the topics could include limited liability protection during a declared emergency, as well as additional financial flexibility for schools and flexibility for county clerks in conducting the Nov. 3 general election.

Little said he’ll announce the topics for the Aug. 24 special session sometime during the week of Aug. 17.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.