Adds to existing law to establish provisions regarding the collection of aggregated student data regarding immigration status and nationality for students enrolled in Idaho public educational institutions.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 656 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE AD-2 DITION OF A NEW SECTION 33-144, IDAHO CODE, TO ESTABLISH PROVISIONS RE-3 GARDING THE COLLECTION OF AGGREGATED STUDENT DATA REGARDING IMMIGRA-4 TION STATUS AND NATIONALITY FOR STUDENTS ENROLLED IN IDAHO PUBLIC EDU-5 CATIONAL INSTITUTIONS; AND DECLARING AN EMERGENCY AND PROVIDING AN EF-6 FECTIVE DATE.7

Be It Enacted by the Legislature of the State of Idaho:8

SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-10 ignated as Section 33-144, Idaho Code, and to read as follows:11 33-144. STUDENT IMMIGRATION STATUS AND NATIONALITY IN IDAHO PUBLIC12 EDUCATIONAL INSTITUTIONS -- DATA COLLECTION. (1) It is the intent of the leg-13 islature to collect aggregated immigration data for Idaho students to enable14 the legislature to estimate more accurately the cost of educating Idaho stu-15 dents and to illustrate the financial impact that federal immigration policy16 has on the state of Idaho.17 (2) As used in this section:18 (a) "Aggregated data" has the same meaning as that term is defined in19 section 33-133, Idaho Code.20 (b) "Immigration status" means an individual's legal status in the21 United States as governed by the United States immigration and nation-22 ality act, including:23 (i) An individual who is a lawful permanent resident who is "law-24 fully admitted for permanent residence" as that term is defined in25 8 U.S.C. 1101(20);26 (ii) An individual who is a "national of the United States" as that27 term is defined in 8 U.S.C. 1101(22);28 (iii) An individual who is a "qualified alien" as that term is de-29 fined in 8 U.S.C. 1641; and30 (iv) An individual who is a non-qualified alien. For purposes31 of this section, "non-qualified alien" means an individual who is32 unauthorized and not lawfully admitted into the United States.33 (c) "Public institution of higher education" means any state univer-34 sity, college, or community college in the state of Idaho.35 (d) "School district" has the same meaning as that term is defined in36 section 33-133, Idaho Code.37 (3) The Idaho state board of education shall collect from all public38 institutions of higher education, charter schools, and school districts39 aggregated data regarding the immigration status, nationality, and primary40 language of all enrolled students. Such data shall be subject to the data41

2 protection and privacy requirements provided for in section 33-133, Idaho1 Code.2 (4) The collection of aggregated student data regarding immigration3 status, nationality, and primary language provided for under the provisions4 of this section shall be for the purpose of analyzing data only. Such student5 data shall not be used to discriminate against any student in any manner.6 All student data collected pursuant to the provisions of this section and7 reported to the state board of education shall be aggregated data.8 (5) The state board of education shall submit an annual report to the9 legislature including the aggregated data collected pursuant to the provi-10 sions of this section.11

SECTION 2. An emergency existing therefor, which emergency is hereby12 declared to exist, this act shall be in full force and effect on and after13 July 1, 2026.14