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Committee advances constitutional amendment to enshrine parental right to direct children’s education amid debate
Summary
The House State Affairs Committee voted to forward a proposed constitutional amendment, HJR1, that would replace wording in Article IX allowing the Legislature to require children to attend public schools with language affirming parents' right to direct their children's education outside the public system.
The House State Affairs Committee voted to send House Joint Resolution 1 to the House floor with a "do pass" recommendation after more than an hour of testimony and debate over whether the amendment changes existing compulsory-education protections.
Representative Dale Hawkins, sponsor of HJR1, said the amendment simply updates Article IX of the Idaho Constitution to reflect current law and U.S. Supreme Court precedent and to "recognize the natural right" of parents to direct their children’s education outside the public system. "We are just recognizing the natural right, we're not granting anything to parents they don't already have," Hawkins said.
Supporters including Scott Herndon and Samuel O'Laire told the committee the amendment protects homeschooling and private-education options from future statutory encroachment. Herndon, who testified as a private citizen and homeschool advocate, said the change "is not a right to not educate your children," and pointed to existing Idaho statutes he said would continue to govern compulsory education and educational neglect. Samuel O'Laire, director of the Center for American Education at the Idaho Freedom Foundation, framed the amendment as a natural-rights protection and urged committee approval.
Opponents and some committee members questioned whether the amendment weakens the state's ability to require compulsory education. Representative Achilles said he would vote no and expressed concern that the change could enable irresponsible parents to avoid educating their children. Representative Keeley asked whether moving language to the constitution would undermine statutes that enforce education; Herndon and supporters said statutory protections would remain in place.
Several committee members asked about concrete effects and whether the amendment would change truancy enforcement for students enrolled in public schools; witnesses replied that public-school regulations and truancy laws would still apply to those who participate in the public system.
Three witnesses described personal homeschooling experiences in testimony supporting the amendment, including Arlene Herndon, who described her family's homeschooling practices and outcomes.
Representative Crane moved to send HJR1 to the floor with a due-pass recommendation; the motion carried. Representative Achilles asked to be recorded as voting no.
