ID HCR026

State Board of Education voted on May 18, 2023, to authorize creation of a corporation to acquire assets and assume liabilities of the University of Phoenix without meaningful public comment.

Legislature asserts the Board of Regents lacks charter authority to create a corporation or acquire a private institution, as corporations may only act within the scope of their charter.

University of Idaho's affiliation with a private institution constitutes a substantial matter of public policy requiring legislative authorization, which has not been enacted.

Legislature expresses concerns that the affiliation could remove the University of Idaho from state exclusive control (required by the Idaho Admission Bill), waive sovereign immunity, and inadequately protect state and public interests.

Legislature requests the State Board of Education reconsider its May 18, 2023 vote and any affiliation actions unless authorized by law, and authorizes the Speaker of the House and President Pro Tempore of the Senate to initiate legal action to protect legislative power.