Removal of Compulsary School Attendance Constitutional Amendment Killed by One Vote in Supermajority Republican House

By Greg Pruett • February 19, 2025

An Idaho Constitutional Amendment proposal (HJR 1) that would protect a parent’s right to educate their children as they deem appropriate has died by one vote in the Idaho House of Representatives.

HJR 1 failed on a vote of 46 to 23, with one lawmaker absent. The threshold for the vote was 47 because the Constitutional Amendments require two-thirds of both chambers to pass.

Rep. Dale Hawkins (R – Fernwood) and Sen. Brandon Shippy (R – New Plymouth) were listed as the primary sponsors of HJR 1. According to the Statement of Purpose for the proposal, it says,

“The interests and role of the people of Idaho in the care, custody, and control of their children are both
implicit in the concept of ordered liberty and deeply rooted in our nation’s history and tradition. They are also among the unalienable rights retained by the people under the Ninth Amendment to the Constitution of the United States. The interests of the people include the high duty and right to nurture and direct their children’s education.

By statutes already in place, the legislature has long recognized and exercised its duty to protect the peoples’ fundamental rights to nurture and direct their children’s destiny, upbringing, and education. After decades of success in enacting statutory protections for the people of Idaho, this resolution will elevate the long-standing statutory provisions and protections to the Idaho Constitution by amending Section 9 of Article IX. At a time of strength in Idaho’s education environment, this constitutional amendment strikes the outdated compulsory public school attendance provision and places language in the constitution that will ensure to future generations of Idahoans their ability to educate their children outside of the public schools of the state without undo government regulations and burdens.”

The bill’s text will sound familiar to those who support the 2nd Amendment. The text reads,

“The right of the people to educate their children without government regulation outside of the public schools of the state shall not be infringed.”

Only one person stood to debate against HJR 1, and that was a Democrat lawmaker.

Here are the 14 Republicans who voted against HJR 1:

Rep. Rick Cheatum (R – Pocatello)
Rep. Lance Clow (R – Twin Falls)
Rep. Dan Garner (R – Clifton)
Rep. Clay Handy (R – Burley)
Rep. Dustin Manwaring (R – Pocatello)
Rep. Lori McCann (R – Lewiston)
Rep. Stephanie Mickelsen (R – Idaho Falls)
Rep. Jack Nelsen (R – Jerome)
Rep. Mike Pohanka (R – Jerome)
Rep. Britt Raybould (R – Rexburg)
Rep. Jerald Raymond (R – Menan)
Rep. Mark Sauter (R – Sandpoint)
Rep. Jon Weber (R – Rexburg)
Rep. Josh Wheeler (R – Ammon)

The proposal was rated as a +2 by the Idaho Freedom Foundation.

Would you have supported this Amendment? Let us know in the comments.