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Idaho kids wouldn't need any schooling under proposed constitutional amendment

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A proposed constitutional amendment in Idaho would remove all requirements for children to receive any schooling in the state.

Idaho’s latest proposed constitutional amendment would remove language giving the state power to enforce mandatory education attendance for children.

Article IX, Section 9 gives the state legislature the ability to regulate school attendance.

House Joint Resolution 1 would remove that language and replace it with: “The right of the people to educate their children without government regulation outside of the public schools of the state shall not be infringed.”

Right now, state law requires kids between the ages of seven and 16 to attend some kind of school, whether it’s public, private or provided at home.

“The interests and role of the people of Idaho in the care, custody, and control of their children are both implicit in the concept of ordered liberty and deeply rooted in our nation's history and tradition,” the resolution’s statement of purpose reads.

Rep. Stephanie Mickelsen (R-Idaho Falls) asked the resolution’s sponsor, Rep. Dale Hawkins (R-Fernwood), if he believed the state has a responsibility to ensure every child is educated.

“I think the state has the opportunity and the right and the responsibility to provide for the education system that exists,” Hawkins said.

“What I don’t think the state has is the right to step into your home or my home and tell me what to do or you to do with your children as it refers to education.”

The Idaho Constitution also states: “The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools.”

Lawmakers on the House State Affairs Committee introduced the resolution along party lines Thursday. It still needs a public hearing before it could reach the House floor.

Constitutional amendments need a two-thirds majority approval from both the House and Senate before appearing on the ballot during the next general election.

Copyright 2025 Boise State Public Radio

I cover politics and a bit of everything else for Boise State Public Radio. Outside of public meetings, you can find me fly fishing, making cool things out of leather or watching the Seattle Mariners' latest rebuilding season.

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