House lawmakers will have a chance to get rid of a piece of the Idaho Constitution giving the state power to enforce its mandatory education attendance laws.
The proposed amendment, which cleared the House State Affairs Committee Thursday morning, would enshrine in the constitution the right of a parent to educate their kids outside the public school system.
“We will become the state that recognizes what God has already given parents and that’s control and direction over their children,” said Rep. Dale Hawkins (R-Fernwood), who sponsors the resolution.
House Joint Resolution 1 reads: “The right of the people to educate their children without government regulation outside of the public schools of the state shall not be infringed.”
That sentence would replace Article IX Section 9 of the Idaho Constitution, which allows the legislature to pass laws requiring students to attend public schools between the ages of 6-18, or be educated by other means.
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.
Hawkins repeatedly said parents will still be required to educate their kids under the change, despite the proposed amendment aborting the state’s ability to enforce such laws.
“If you don’t educate your children, I guess that would be a form of child abuse,” he said. “We have plenty of other stuff in our code that recognizes that.”
Idaho’s Child Protective Act considers children not receiving an education to be neglected, though that definition cites the state’s mandatory education law.
That same statute also requires homeschooled children to learn the same subjects widely taught within the public school system.
Former state senator and current Bonner County GOP chairman Scott Herndon worked on the proposal with Hawkins and testified in favor of the resolution.
“There’s a fine balance that I think is achieved here between the right of parents … and the compelling interest of the state to see children educated,” Herndon said.
Using similar language included in the Second Amendment, he said, doesn’t mean there won’t be some regulations attached.
“This is simply eliminating the butts in seats.”
House Minority Caucus Chair Todd Achilles (D-Boise) said he doesn’t buy that argument.
“When we make this change to the [Idaho Constitution], we’re opening the door for parents, irresponsible parents, to not educate their kids and that impacts every single one of us,” Achilles said.
Constitutional amendments need approval from two-thirds of the House and Senate and a majority vote by Idahoans before taking effect.
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