Idaho committee advances bill allowing school boards to consider student criminal records and prior withdrawals

The Idaho House Education Committee voted to send House Bill 236 to the House floor with a "do pass" recommendation after a hearing that included testimony from educators, school‑board representatives and parents.

Representative Sean Dygert, District 23, said HB 236 consolidates existing code language about reasons a school board may deny attendance and adds clarity without creating a new fiscal impact. "This would allow them to make us part of the record and say they were withdrawn in lieu of discipline," Dygert said, describing provisions intended to prevent students who were withdrawn to avoid expulsion from simply enrolling elsewhere without notice.

Supporters told the committee the measure preserves due process and does not alter federal special‑education requirements. Quinn Perry, deputy director of the Idaho School Boards Association, said the bill does not conflict with Section 504 or the Individuals with Disabilities Education Act and that school boards take denial of attendance seriously. "Denying a child their ability to attend a public school is something that is not taken lightly," Perry said.

Opponents warned the bill could disproportionately harm students with disabilities, unstable housing or complex medical needs. Britney Shipley, a social‑work advocate and mother from Hailey, said the bill’s language on truancy and behavior could be applied to children whose absences are medical or disability‑related. "Punishing children for medical conditions violates federal protections under Section 504," Shipley said. Aida Samantha "Sam" Moore, founder of Elevate Empire and a former foster youth, said the proposal risks excluding foster youth, juvenile‑justice‑involved students and others who already face barriers to schooling.

The bill defines grounds school boards may consider — including convictions or juvenile adjudications for a list of specified violent or sexual offenses and a category for students "withdrawn in lieu of discipline" — and lists a written‑notice and appeal process that parents or guardians may use to contest a denial of enrollment. Representative Dygert and others repeatedly said the provisions do not permit denial based on rumor or unverified reports and that existing federal protections and individualized education plans (IEPs) remain in force.

Committee members pressed on practical questions raised by testimony: where disenrolled students would go, how the bill interacts with federal rules on IEPs and Section 504, and whether the "habitually truant" standard would be used to exclude students with homelessness or medical barriers to attendance. Dygert and other supporters said the bill leaves the decision to local boards and emphasizes due process; opponents asked for complementary investments in alternative settings and behavioral health supports for the affected students.

A motion to send HB 236 to the House floor with a due‑pass recommendation was made and approved by voice vote; the committee record does not include a roll‑call tally.

The bill now moves to the full House for consideration. If enacted, school boards would have the consolidated statutory language and the listed due‑process steps for denying or contesting denial of attendance. The bill’s text and the committee hearing record will be available in the House files for members and the public to review.