Committee introduces school safety RS to require testing and notification for harmful substances in older facilities

Representative Monica Church presented RS 32,656 on March 13 as a school-safety measure that would amend Idaho Code to require testing for known harmful substances in public school facilities and mandate parental notification when threats to a child's health are found.

Church said the RS would amend Idaho Code 30-3-1613 to include testing for radon, lead in water and mold, and would allow parents to seek recourse if districts failed to report unhealthy conditions. She described “a huge uptick in issues in our older facilities” and cited lawsuits resulting from high levels of lead and radon.

Representative Harris asked whether the bill would allow boards of trustees to impose levies without an election; Church answered that some code language was old and had been nullified by courts. Representative Clow asked whether the RS created a private cause of action; Church clarified the bill does not create a private right of action and that enforcement would be administrative—fines by the Division of Occupational Safety are referenced in the draft.

Committee members asked about the cost of testing and mitigation. Church said districts already sample and abate when issues are identified and that mitigation costs for radon can be “under $2,000 for a small area, upwards of like $5,000 for like a gymnasium.” Some members expressed concern about how tests would be initiated; Church said the Idaho Department of Health and Welfare offers free radon tests that private individuals have used to identify problems.

Representative Thais moved to introduce RS 32,656; the committee approved the introduction by voice vote. The RS will be printed and proceed for further debate and possible amendment.