Committee forwards joint resolution to enshrine parental right to direct children's education to the floor

The House State Affairs Committee voted to send House Joint Resolution 1, a proposed constitutional amendment that would insert a parental-rights provision relating to education into the Idaho Constitution, to the full House with a due-pass recommendation.

Representative Dale Hawkins (R-District 2) presented HJR1 and said the resolution "strikes concurrent language from Article 9, Section 9" and replaces it with language asserting that "the right of the people to educate their children without government regulation outside of the public school of the state shall not be infringed." Hawkins told the committee the change is intended to align Idaho's constitution with recent court decisions and to "recogniz[e] the natural right" of parents to direct their children's education.

Committee members asked whether the amendment solves a discrete policy problem and whether it could weaken the state's ability to ensure all children are educated. Representative Achilles and others expressed concern that removing or changing the constitution's wording could be interpreted to reduce the state's ability to require compulsory education or to address educational neglect. Hawkins and supporters said the amendment would not eliminate statutory obligations around compulsory education and cited existing statutes (for example, references made in committee to Idaho's compulsory-education statute) that would remain enforceable.

Public witnesses spoke in favor of the amendment. Scott Herndon (self-identified), said the amendment is intended to emphasize parental authority and "supports 33-202 which is our long worked on compulsory education statute," adding that the proposal "is not a right to not educate your children." Sam O'Laire of the Idaho Freedom Foundation's Center for American Education argued from natural-law and founding-principles grounds for explicit constitutional protection of parental choice. Arlene Herndon testified about her family's homeschooling experience and encouraged the committee to approve the resolution.

Opponents or formal written objections do not appear in the transcript; Representative Achilles stated on the record he intended to vote no and voiced concerns about the amendment's potential to weaken the state's responsibility to ensure children receive education, citing constituent concerns about unaccredited instruction.

Representative Crane moved to send HJR1 to the House with a due-pass recommendation; Representative Skog spoke in favor and recounted historical prosecutions of homeschooling families as context for the amendment. The motion carried by voice vote, and Representative Achilles asked to be recorded as voting no in committee.

The joint resolution would need passage by the legislature and then ratification by voters to amend the state constitution; committee discussion included the policy tradeoffs but did not produce changes to the draft language in the transcript provided.