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 ACT	1
RELATING TO EDUCATION; PROVIDING LEGISLATIVE FINDINGS; AMENDING CHAPTER	2
2, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-213, IDAHO	3
CODE, TO ESTABLISH PROVISIONS REGARDING PROHIBITIONS ON EXCUSED AB-	4
SENCES FOR CERTAIN ACTIVITIES IN IDAHO PUBLIC SCHOOLS; AND DECLARING AN	5
EMERGENCY.	6
Be It Enacted by the Legislature of the State of Idaho:	7
SECTION 1. LEGISLATIVE FINDINGS. The Legislature finds that the	8
purpose of civic education is to instruct students about the history, struc-	9
ture, and operations of their civic institutions. The Legislature finds	10
that respect for the views of a politically diverse citizenry and the tra-	11
dition of political neutrality in our public institutions of learning means	12
that political activism has no place in public education. The Legislature	13
finds that granting excused absences for student walkouts or lobbying for	14
political purposes invites political favoritism from school districts and	15
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 is	18
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 an	23
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 political	30
protests; or	31
(c) Participating in student walkouts.	32
(3) Any absence based on the activities provided in subsection (2) of	33
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 this	37
section to the Idaho superintendent of public instruction. Beginning in	38
January 2027, the state superintendent of public instruction shall, by Jan-	39
uary 15 of each year, submit an annual report to the legislature including	40
such data.	41

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(5) The state board of education shall promulgate rules, subject to	1
legislative approval, implementing the provisions of this section.	2
SECTION 3. An emergency existing therefor, which emergency is hereby	3
declared to exist, this act shall be in full force and effect on and after its	4
passage and approval.	5

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