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.
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.
STATEMENT OF PURPOSE
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This constitutional amendment accomplishes two changes to Idaho’s constitution. First, it strikes the current language in section 9 of Article IX which concerns the legislature’s ability to compel Idaho’s children to physically attend the public schools of the state. The current language also grants the legislature to determine the means that are the exception to public school attendance. In 1925 (Pierce v. Society of Sisters) and 1972 (Wisconsin v. Yoder), the US Supreme Court issued opinions that states cannot compel public school attendance because of protections in the US constitution. This amendment also inserts language into section 9 of Article IX concerning the right to educate children outside of the public schools without burdensome regulation. This mirrors Idaho’s current statutes. The right recognized in this amendment concerns a right to educate – it is not a right to NOT educate. Neither California, Oregon, Washington nor Montana have compulsory school attendance in their constitutions, yet all of those states still possess the power to require children to be educated. Even with this amendment, Idaho may still require children to be educated.
FISCAL NOTE
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There is no estimated fiscal impact to the general fund. However, there’s a rough estimate of cost of $200,000 for the Secretary of State to public proposed constitutional amendments and arguments as required by law. This cost is shared by other constitutional amendments proposed in a given ballot time frame.
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT RESOLUTION NO. 9 BY EDUCATION COMMITTEE A JOINT RESOLUTION1 PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE IX OF THE CONSTITUTION OF THE2 STATE OF IDAHO, RELATING TO THE EDUCATION OF CHILDREN; STATING THE QUES-3 TION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUN-4 CIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SECRE-5 TARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.6 Be It Resolved by the Legislature of the State of Idaho:7
SECTION 1. That Section 9, Article IX of the Constitution of the State8 of Idaho be amended to read as follows:9
Section 9. COMPULSORY ATTENDANCE AT SCHOOLS. EDUCATION BY10 OTHER MEANS. The legislature may require by law that every child11 shall attend the public schools of the state, throughout the pe-12 riod between the ages of six and eighteen years, unless educated by13 other means, as provided by law. The right of the people to educate14 their children without government regulation outside of the public15 schools of the state shall not be infringed.16
SECTION 2. The question to be submitted to the electors of the State of17 Idaho at the next general election shall be as follows:18 "Shall Section 9, Article IX of the Constitution of the State of Idaho be19 amended to:20 (1) Remove language providing that the Legislature may require every21 child to attend the public schools of the state between the ages of six and22 eighteen years, unless educated by other means; and23 (2) Add language providing that the right of the people to educate their24 children without government regulation outside of the public schools of the25 state shall not be infringed?".26
SECTION 3. The Legislative Council is directed to prepare the state-27 ments required by Section 67-453, Idaho Code, and file the same.28
SECTION 4. The Secretary of State is hereby directed to publish this29 proposed constitutional amendment and arguments as required by law.30
HOW THEY VOTED
House Third Reading
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YEA (44)
NAY (25)
ABSENT / NOT VOTING (1)
LATEST ACTION
Filed in Office of the Chief Clerk
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Feb 11, 2026
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