Adds to existing law to establish provisions regarding prohibitions on excused absences for certain activities in public schools.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 794 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; PROVIDING LEGISLATIVE FINDINGS; AMENDING CHAPTER2 2, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-213, IDAHO3 CODE, TO ESTABLISH PROVISIONS REGARDING PROHIBITIONS ON EXCUSED AB-4 SENCES FOR CERTAIN ACTIVITIES IN IDAHO PUBLIC SCHOOLS; AND DECLARING AN5 EMERGENCY.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. LEGISLATIVE FINDINGS. The Legislature finds that the8 purpose of civic education is to instruct students about the history, struc-9 ture, and operations of their civic institutions. The Legislature finds10 that respect for the views of a politically diverse citizenry and the tra-11 dition of political neutrality in our public institutions of learning means12 that political activism has no place in public education. The Legislature13 finds that granting excused absences for student walkouts or lobbying for14 political purposes invites political favoritism from school districts and15 places inappropriate political pressures on students with diverse views,16 neither of which have a place in the public education system of Idaho.17

SECTION 2. That Chapter 2, Title 33, Idaho Code, be, and the same is18 hereby amended by the addition thereto of a NEW SECTION, to be known and des-19 ignated as Section 33-213, Idaho Code, and to read as follows:20 33-213. PROHIBITION ON EXCUSED ABSENCES FOR CERTAIN POLITICAL ACTIVI-21 TIES. (1) As used in this section:22 (a) "School" means any public school teaching K-12 students within an23 Idaho school district.24 (b) "School district" means an Idaho public school district and in-25 cludes Idaho public charter schools.26 (2) No school district, school, or teacher shall permit or grant ex-27 cused absences to any student for:28 (a) Participating in political protests;29 (b) Working or volunteering for a group known to engage in political30 protests; or31 (c) Participating in student walkouts.32 (3) Any absence based on the activities provided in subsection (2) of33 this section shall be considered an unexcused absence for the day. Such ab-34 sences shall count against the school district's average daily attendance.35 (4) School districts shall report annually the total number of unex-36 cused absences based on the activities provided in subsection (2) of this37 section to the Idaho superintendent of public instruction. Beginning in38 January 2027, the state superintendent of public instruction shall, by Jan-39 uary 15 of each year, submit an annual report to the legislature including40 such data.41

2 (5) The state board of education shall promulgate rules, subject to1 legislative approval, implementing the provisions of this section.2

SECTION 3. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after its4 passage and approval.5