Committee introduces bill to require proactive testing and parental notification for harmful substances in schools

Representative Monica Church (State Representative, Legislative District 19) presented RS 32-656 on March 13, describing the proposal as a two-part school-safety measure: expand testing for known harmful substances in public school facilities and create a parental-notification requirement when unsafe conditions are found.

"We have seen a huge up tick in issues in our older facilities all across the state, specifically with regard to radon exposure, lead in the water, and mold," Church told the committee. She said the RS would require proactive testing and mitigation when hazardous levels are found and that existing code already contains reporting remedies for government entities that fail to report unsafe conditions to parents or staff.

Committee members asked several implementation questions. Representative Harris asked about a provision the RS strikes that previously allowed a board of trustees to impose a levy without an election and about language that would force salary or position cuts. Church replied that some older code sections are obsolete following court decisions and that abatement and mitigation for hazards are typically funded from schools’ facilities or infrastructure budgets. She gave cost examples for radon mitigation — "under $2,000 for a small area, upwards of like $5,000 for like a gymnasium or something of that size," she said — and said the Idaho Department of Health and Welfare provides free radon tests to private citizens.

Representative Clow asked whether the RS created a private right of action for parents; Church answered explicitly, "It's not a private right of action, no." Instead, Church said enforcement and fines would be through the appropriate administrative channels (she referenced fines enforced by the Division of Occupational Safety in committee exchanges about enforcement language). Church emphasized the RS was intended to make testing and mitigation proactive rather than only reactive after a complaint.

Representative Thais moved to introduce RS 32-656. The committee voted to introduce the RS by voice vote; the motion carried.

The RS was introduced for further hearings; the committee did not adopt a fiscal note at introduction. Church and other proponents said local districts already perform some testing and that the RS would make proactive testing and parental notification routine across Idaho.

Supporters framed the RS as a public-health and transparency measure for aging school infrastructure. Questions remaining for later hearings include precise funding sources for large-scale abatement projects, whether special education or other exemptions will be required for testing timing, and enforcement mechanisms for nonreporting districts.