EDUCATION – Proposes an amendment to the state constitution to remove language allowing for the Legislature to require school attendance and to add language regarding the right of the people to educate their children without government regulation outside of public schools.

68th Legislature, 2nd Regular Session (2026)

Idaho constitutional amendment failed to remove mandatory school attendance requirement and shield private/homeschool education from government regulation outside public schools.

Read Third Time in Full – FAILED - 44-25-1AYES – Alfieri, Barbieri, Beiswenger, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Hall(Stone), Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Marmon, Mendive, Miller, Mitchell, Monks, Palmer, Petzke, Pickett, Price, Rasor, Redman, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Wisniewski, Mr. SpeakerNAYS – Berch, Bingham, Cheatum, Church, Egbert, Fuhriman, Furniss, Galaviz, Gannon, Garner, Handy, Haws, Manwaring, Mathias, McCann, Mickelsen(Athay), Nelsen, Pohanka, Raybould, Raymond, Rubel, Sauter, Veile, Weber, WheelerAbsent – GreenFloor Sponsor - HawkinsFiled in Office of the Chief Clerk

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Legislative bill overview

HJR 9 proposes a constitutional amendment to remove Idaho's constitutional authority for the Legislature to mandate school attendance and to add explicit protections for parents to educate their children outside public schools without government regulation. The amendment failed on its third reading with 44 votes in favor and 25 against (needing a supermajority to pass).

Why is this important

This amendment would fundamentally reshape the relationship between state authority and parental educational choices by eliminating compulsory attendance requirements at any school and restricting government oversight of homeschooling and private education. The outcome directly affects debates over educational access, accountability, special needs services, and child welfare protections that currently operate through school systems.

Potential points of contention

Compulsory attendance removal: Eliminating mandatory school attendance could reduce educational access for vulnerable children and make it harder to identify abuse or neglect historically flagged through school systems

"Without government regulation" scope: The amendment's language remains vague about what regulations would be prohibited—potentially affecting health/safety standards, special education requirements, and curriculum transparency in non-public settings

Equity concerns: Removing oversight could create disparities where well-resourced families provide quality alternative education while disadvantaged families lack resources, exacerbating existing educational inequities