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The battle over the Hillsborough school tax referendum is not over yet
Idaho

The battle over the Hillsborough school tax referendum is not over yet

The legal battle between Hillsborough County Council and the school board over a tax referendum continues.

Commissioners voted Tuesday to move the tax referendum forward, following an order from a judge who sided with the school district. The district will continue to challenge the tax in court, however.

The tax ruling would no longer be valid if the 2nd District Court of Appeals sides with the county and prevents the tax issue from appearing on the November ballot.

The referendum asks voters whether they support a one-per-mill property tax increase to raise teacher and staff salaries. School District Superintendent Van Ayres says this is necessary to bring Hillsborough on par with surrounding districts.

The tax, which would have to be renewed by voters every four years, would raise about $177 million annually. The majority of the funds (92%) would go directly to pay raises.

Teachers and administrators would receive an additional $6,000 per year. Support staff would receive an additional $3,000 per year.

The commission members are divided along party lines on this issue. The three Democrats on the seven-member panel support the tax.

The remaining four, however, voted against the proposal because they are concerned about asking voters to approve the school tax at the same time as the statewide renewal of the Community Investment Tax. Part of the CIT funds school construction, which has been significantly reduced in the new version.

Republican County Commissioner Joshua Wostal voiced his opposition during Tuesday’s meeting.

“That is a hill I will die on… I do not believe that a judge can dictate to duly elected officials whether or not they should vote for or against an issue in violation of their right to free speech,” Wostal said.

The county surprised district leaders when they voted to delay the school tax until 2026 during their July meeting, sparking the litigation.

Hillsborough District Judge Emily Peacock ruled in favor of the school district and ordered the county to move forward with the ballot measure.

However, county commissioners appealed the judge’s decision, leaving the tax referendum in limbo.

The district filed a motion to lift the stay or otherwise move the measure forward while the litigation plays out. Peacock again sided with the district.

The Commissioners have filed an emergency motion to review Peacock’s recent decision or speed up the appeal process.

The school district has until Tuesday afternoon to respond.

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