Amends existing law to revise provisions regarding prohibiting instruction on sexual orientation and gender identity for students in kindergarten through grade 12.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 516 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; AMENDING SECTION 33-6001, IDAHO CODE, TO REVISE PRO-2 VISIONS REGARDING PARENTAL RIGHTS IN EDUCATION; AND DECLARING AN EMER-3 GENCY AND PROVIDING AN EFFECTIVE DATE.4

Be It Enacted by the Legislature of the State of Idaho:5

SECTION 1. That Section 33-6001, Idaho Code, be, and the same is hereby6 amended to read as follows:7 33-6001. PARENTAL RIGHTS. (1) A student's parent or legal guardian8 has the right to reasonable academic accommodation from the child's public9 school. "Reasonable academic accommodation" means the school shall make its10 best effort to enable parents and legal guardians to exercise their rights11 without substantial impact to staff and resources, including employee12 working conditions, safety and supervision on school premises for school13 activities, and the efficient allocation of expenditures, while balancing14 the parental rights of parents and legal guardians, the educational needs15 of other students, the academic and behavioral impacts to a classroom, a16 teacher's workload, and the assurance of the safe and efficient operations17 of the school.18 (2) School districts and the boards of directors of public charter19 schools, in consultation with parents, teachers, and administrators, shall20 develop and adopt a policy to promote the involvement of parents and legal21 guardians of children enrolled in the schools within the school district or22 the charter school, including:23 (a) A plan for parent participation in the schools that is designed to24 improve parent and teacher cooperation in areas such as homework, at-25 tendance, and discipline;26 (b) A process by which parents may learn about the course of study for27 their children and review learning materials, including the source of28 any supplemental educational materials;29 (c) A process by which parents who object to any learning material or30 activity on the basis that it harms the child or impairs the parents'31 firmly held beliefs, values, or principles may withdraw their child32 from the activity, class, or program in which the material is used;33 (d) The public school's responsibility for notifying a student's par-34 ent or legal guardian regarding known changes in the student's mental,35 emotional, or physical health or well-being;36 (e) The reinforcement of the fundamental rights and responsibilities37 of parents as primary stakeholders to make decisions regarding the up-38 bringing and control of the parent's child; and39 (f) A process for staff to encourage students to discuss issues related40 to the student's well-being with the student's parent or legal guardian41

2 and, if necessary, to facilitate discussion of the issues with the par-1 ent or legal guardian.2 (3) A policy shall not prohibit parents or legal guardians from ac-3 cessing any of their children's education and health records created,4 maintained, or used by the public school unless such documentation relates5 to physical abuse, abandonment, or neglect by the parent or legal guardian.6 Unless a timeline is otherwise delineated in a specific applicable state or7 federal law, records shall be provided to the parent or legal guardian within8 five (5) school days after a request to access such records is made.9 (4) A public school shall not adopt procedures, policies, or student10 support forms that prohibit public school personnel from notifying a parent11 or legal guardian about a student's mental, emotional, or physical health or12 well-being or a change in related services or monitoring or that encourage13 or have the effect of encouraging a student to withhold from a parent or le-14 gal guardian such information. This subsection does not prohibit a public15 school from adopting procedures that permit public school personnel to with-16 hold information from a parent or legal guardian if ordered by a court of com-17 petent jurisdiction.18 (5) A public school shall be required to adopt procedures and policies19 that prohibit classroom instruction by public school personnel on sexual20 orientation or gender identity from kindergarten through grade 12 or in a21 manner that is not age-appropriate or developmentally appropriate for stu-22 dents in accordance with state standards.23 (6) At the start of the school year, each public school shall notify24 parents and legal guardians of health services offered or made available25 through the school or by private organizations, including preventative26 health and wellness services, screenings, medication administration, first27 aid and emergency care, and appropriate management of all health conditions28 with parental consent. Parental consent to any health or wellness service29 does not waive parents' or legal guardians' right to access their children's30 educational or associated health records or to be notified about their chil-31 dren's health status or monitoring as provided in this section.32 (7) A public school shall notify a student's parent or legal guardian if33 a student has been or may be questioned by a school resource officer or other34 law enforcement official, unless the child is a victim or suspected victim35 of physical child abuse. School districts and public charter schools shall36 develop and adopt policies to ensure compliance with this subsection.37 (8) Before any public school employee administers any noncurricu-38 lar-related student survey, well-being questionnaire, or health screening39 to any student, the employee must first obtain consent from the school's su-40 perintendent or designee. If the content of any such survey, questionnaire,41 or screening regards an individual student's sexuality, sex, religion,42 personal political beliefs, mental or psychological problems, personal fam-43 ily information, or individual or family financial information, the public44 school shall provide the survey, questionnaire, or screening form to the45 student's parent or legal guardian in advance and obtain the permission of46 the parent or legal guardian.47 (9) A parent or legal guardian of a child enrolled in an Idaho public48 school shall have reasonable access to observe all school activities during49 school hours in which the child is enrolled, except for those who are oth-50

3 erwise legally prohibited. Observations of individual classrooms during1 instructional time shall be permitted with the principal's and teacher's2 pre-approval. Visits shall not be permitted if their occurrence, duration,3 frequency, or conduct on campus interferes with the delivery of instruction4 or disrupts the normal school environment. Nothing in this section shall5 prevent a reasonable denial of entry due to emergency or safety drills,6 situations outlined in school safety plans, an emergency lockdown, periods7 of statewide testing, school officials' enforcement of the provisions of8 section 33-512, Idaho Code, or other specific situations enumerated by the9 school.10 (10) A parent or legal guardian whose rights, as provided by this sec-11 tion, are violated by a public school may file a complaint with the school.12 Public schools shall implement policies and procedures to accept, evaluate,13 and remedy complaints.14 (11) If a complaint is not satisfactorily remedied by the public school,15 a parent shall have a private cause of action for injunctive relief, damages,16 and any other relief available under law against the school.17

SECTION 2. An emergency existing therefor, which emergency is hereby18 declared to exist, this act shall be in full force and effect on and after19 July 1, 2026.20