Bill description: This bill places regulation of Children’s Residential Schools under the permanent authority of the Department of Health and Welfare.

Rating: -2

Analyst’s note: Idaho Code 39-1202(27) describes a Children’s Residential School as a facility which “provides a planned, scheduled, regular, academic or vocational school program… services substantially comparable to those provided in nonresidential public schools… and does not seek, receive, or enroll students for treatment of such special needs as substance abuse, mental illness, emotional disturbance, developmental disability, or intellectual disability.” These boarding schools expressly do not provide the health services needs of a “children’s residential care facility.” Currently, under Idaho Code 39-1207 these schools are regulated by the Department of Health and Welfare if they are not accredited and by the Department of Education if they are. If a facility’s primary function is to meet the educational needs of children why would it no longer would fall under the purview of the Department of Education, as this bill suggests?

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market? 


Idaho Code 39-1207 is an example of the free market regulating an industry. The statute says the state Department of Education, the State Board of Education “or a secular or religious accrediting association recognized by the Idaho department of education or religious accrediting association” have the authority to provide accreditation. This bill hands sole accreditation authority to the Board. (-1)

Does it transfer a function of the private sector to the government?

This bill takes private sector responsibilities and turns them over to the government. (-1)