S12892026 Regular Session

Adds to existing law to establish provisions regarding scholarship limitations for certain student athletes at public institutions of higher education.

EDUCATION -- Adds to existing law to establish provisions regarding scholarship limitations for certain student athletes at public institutions of higher education.

EDUCATION

IntroducedIn CommitteeFloor VoteEnacted

Via committee: Education

STATEMENT OF PURPOSE

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In 2025, seven of Idaho’s eight universities and community colleges had roughly 250 foreign national student-athletes, most, if not all, of whom received some level of scholarship/financial assistance. Each has the opportunity to a earn valuable degree, but those degrees typically won’t be put to work in Idaho or the anywhere else in the United States. Foreign national student athletes by-and-large take the fruits of their free or discounted higher education back to their home countries to the benefit their own country’s workforce. In order to increase the chances that Idaho’s higher education institutions will produce more graduates who can become valuable and productive members of the workforce here in the State of Idaho as well as the United States, this bill proposes to limit the number of foreign nationals that can receive scholarships while participating in sports and instead increase the number of Idaho and U.S. student athletes who can receive those scholarships who then graduate and enter our workforce. This bill will result in more Idaho and U.S. student athletes at Idaho colleges and universities who will graduate and thereafter can become new teachers, medical professionals, police officers, mining and forestry experts, and farmers and ranchers, to name a few, here in Idaho and the United States of America.

FISCAL NOTE

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This bill will not have an immediate fiscal impact on the state General Fund, however, it will produce more graduates who can pursue careers in the State of Idaho and thereby increase the tax base and ultimately provide a beneficial economic impact for the state and the country.

BILL TEXT

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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1289 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING CHAPTER 37, TITLE 33, IDAHO CODE, BY THE AD-2 DITION OF A NEW SECTION 33-3717D, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING LIMITATIONS ON SCHOLARSHIPS FOR CERTAIN STUDENT ATHLETES AT4 IDAHO PUBLIC INSTITUTIONS OF HIGHER EDUCATION; AND DECLARING AN EMER-5 GENCY AND PROVIDING AN EFFECTIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Chapter 37, Title 33, Idaho Code, be, and the same is8 hereby amended by the addition thereto of a NEW SECTION, to be known and des-9 ignated as Section 33-3717D, Idaho Code, and to read as follows:10 33-3717D. IDAHO PUBLIC INSTITUTIONS OF HIGHER EDUCATION -- LIMITA-11 TIONS ON SCHOLARSHIPS. (1) For the purposes of this section, "scholarship"12 means any form of financial aid, tuition waiver, grant, or other financial13 assistance, whether full or partial, awarded by an Idaho public institution14 of higher education, including those offered entirely or partly on the basis15 of a student's academic performance or record, athletic ability, or partici-16 pation in athletics.17 (2) All Idaho public institutions of higher education shall give pref-18 erence to Idaho residents in awarding scholarships.19 (3) For student athletes in a given academic year, Idaho public insti-20 tutions of higher education shall not award a scholarship to more than ten21 percent (10%) of the total number of student athletes for all sports rosters,22 excluding football, to students who are not United States citizens. Foot-23 ball rosters shall have no more than five percent (5%) of student athletes24 receiving a scholarship who are not United States citizens at any given time.25 No men's or women's collegiate athletic team at an Idaho public institution26 of higher education shall have more than fifty percent (50%) of its student27 members receiving a scholarship who are not United States citizens at any28 given time.29 (4) Scholarships awarded to students who are not United States citizens30 who are enrolled in an Idaho public institution of higher education prior to31 the effective date of this act shall not be invalidated by the provisions32 of this section. Such students shall not be counted toward the ten percent33 (10%) cap provided for in subsection (3) of this section for a period not to34 exceed four (4) full-time, consecutive academic years including those al-35 ready completed or in progress.36 (5) The Idaho state board of education shall promulgate rules, subject37 to legislative approval, to implement the provisions of this section.38

SECTION 2. An emergency existing therefor, which emergency is hereby39 declared to exist, this act shall be in full force and effect on and after40 July 1, 2026.41