Here's a downside of the legislative session going so long: The already-passed HB 252, which allows school districts to declare financial emergencies, has passed and been signed into law, but it set a specific, 67-day time frame after the state's school budget is set, though it also cites a June 22 date, saying "whichever comes first." The public school appropriation bills still are hanging on the House calendar, and haven't yet passed. "That 67 days, that clock does not start until the appropriations for the schools budget have been set," state Superintendent of Schools Tom Luna told JFAC. "That day has not come yet. Hopefully it will come soon, but because of the situation we find ourselves in, we would need to amend 252. ... I don't think anybody anticipated that we would still be here today, without any appropriation set for public schools."

Some state officials are concerned the time frame issue could lead to a lawsuit, though there are conflicting legal opinions. Rep. Fred Wood, R-Burley, said he favors getting a written Attorney General's opinion before passing any trailer bill to amend the already-passed consensus bill. Robin Nettinga of the Idaho Education Association said she favors keeping the 67-day clause. JFAC took no action today.

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