A proposed constitutional amendment would guarantee Idahoans’ right to privately educate their children. 

Sen. Scott Herndon Monday introduced a joint resolution to alter Idaho’s compulsory education constitutional provision, which would require two-thirds support in both chambers of the Legislature as well as majority support from Idaho voters. 

The provision of the Idaho Constitution currently says: “The legislature may require by law that every child shall attend the public schools of the state, throughout the period between the ages of six and eighteen years, unless educated by other means, as provided by law.” 

Herndon’s proposal is to eliminate the “as provided by law” clause and add: “Custodial parents or guardians” shall “have the fundamental right” to home-school or send their kids to private school. And home-school and private education “shall be free from government regulation of such education.”

Idaho law already protects home schooling and private schooling from government regulation. The state has no laws regulating or monitoring home school, except to say children must be in some sort of school. 

“It’s really a right that’s always existed,” said Herndon, R-Sagle. “We’re protecting that statute for generations with a constitutional amendment.” 

The Senate Education Committee voted Monday to introduce Herndon’s resolution with one objection. Senate Minority Caucus Chair Janie Ward-Engelking said she couldn’t support introducing a measure that would amend that section of the Constitution. 

“I swore an oath to the Constitution when I took this office,” she said. “This, to me, is a very important part of the Constitution.”

Ward-Engelking also raised concern that the proposed amendment could shield accountability measures attached to a potential private school voucher or tax credit program. Herndon responded that the new language would only protect the right to privately educate a child. 

“This does not prohibit the government from having requirements attached to those public funds,” he said. 

The Senate Education Committee could host a public hearing on the resolution in the coming days or weeks.

Bill requiring smartphone porn filter advances

A bill requiring that device manufacturers enable pornography filters for minor users is heading to the Senate. 

Smartphone and tablet manufacturers would have to automatically turn on software that filters pornography on internet browsers, according to Senate Bill 1253. 

“What we’re asking them to do is not a huge lift, it is not that hard,” bill sponsor Sen. Kevin Cook told the Senate State Affairs Committee Monday.

Cook, R-Idaho Falls, said the requirement wouldn’t apply to smartphone retailers or social media apps — only to manufacturers, like Apple and Samsung, which hold patents to operating systems. Cook compared the filtering technology to devices’ ability to recognize daylight saving time and automatically change the time based on a user’s location.

Several technology trade associations opposed the bill during Monday’s hearing. Association representatives argued that developing technology on a state-by-state basis would be burdensome and could inadvertently filter constitutionally protected speech; devices already have optional content filters; and parents, not private industry or the government, are responsible for moderating their children’s internet use.

“We believe this legislation would immediately invite constitutional challenges, as the act would infringe on freedom of speech by making censorship the default state whenever a device is activated in Idaho,” said Amy Bos, director of state and federal affairs for technology industry group NetChoice. That group is suing Ohio for a law requiring that social media companies get parental consent before allowing someone under 16 to use their services. 

SB 1253 supporters said the requirement would be easily implemented — devices already have the software. Apple and Android smartphones and tablets come with software that filters pornography. It has to be enabled, however, while Cook’s bill would require that it’s automatically switched on for devices given to children. 

“All of us know that tech manufacturers are capable of almost anything,” said Chris McKenna, founder and CEO of Protect Young Eyes, a group that shares how-to guides on enabling existing filters on smartphones and tablets. Devices already know where you are and how old you are and can block pornography, McKenna said. “SB 1253 recognizes these realities and simply asks manufacturers to turn it on, blocking access to harmful obscenity when the device has been activated by a child.”

The mayors of two Eastern Idaho cities, Rexburg and Sugar City, also testified in support. Sugar City Mayor Steven Adams, who holds a doctorate in education, said SB 1253 is “an infinitesimally small way to address” an “incredibly dangerous element of our society.” 

The committee unanimously voted to advance the legislation, recommending that it pass. Republican leaders had biting questions for the industry representatives who opposed it. 

Why are technology companies “so hell bent on making sure that the phone is absolutely accessible to pornography the minute it goes out the door?” Senate Majority Leader Kelly Anthon, R-Burley, asked Bos. “What harm would it be to turn the filter?” 

Bos responded, “I don’t think that’s the harm. Again, the harm is when the government mandates it.”

The bill now heads to the Senate floor. Last year, the Senate rejected a similar bill with more stringent requirements, by one vote.

Launch snapshot: a majority of applicants plan on four-year college

More than half of the high school seniors who have applied for Idaho Launch dollars are planning on four-year college.

The snapshot of the first Launch class came into focus during a Joint Finance-Appropriations Committee hearing Monday morning.

Slightly more than 13,000 seniors have started an application for Launch, which will provide up to $8,000 to high school graduates who want to continue their education. About 12,000 students have finished their applications, said Wendi Secrist, executive director of the Workforce Development Council, the state agency overseeing the fledgling grant program.

About 55% of the applicants have indicated they will attend four-year college, Secrist said. The remaining 45% of applicants are considering a two-year degree, a career-technical program or workforce training; Secrist didn’t have a more detailed breakdown.

Approved by the 2023 Legislature, the Launch program is designed to provide grants for high school graduates who want to pursue an in-demand career. Graduates can use the money for college or other job training options.

The Workforce Development Council has already awarded 6,670 Launch grants, on a conditional basis. For one thing, seniors must graduate before they can get their share of the money.

And the Legislature still needs to fund Launch. Grant dollars would come from the 2024-25 budget. Gov. Brad Little and the Workforce Development Council have requested about $70.8 million for Launch for the 2024-25 budget year, which begins on July 1.

JFAC could consider this request in the next couple weeks.

New mask mandate bill unveiled

A new bill banning mask mandates in schools and state and local government made its debut Monday.

Like its predecessor, the rewritten bill would ban schools or government entities from requiring a face mask “as a condition for entry, education, employment or other services.”

The new version of the bill does differentiate between masks — and their uses. The bill would prohibit the mandate of masks “for the purpose of preventing or slowing the spread of a contagious or infectious disease.” However, the bill would allow the use of masks “in a vocational setting.” For example, painters could still be required to wear masks to block paint fumes, while jailers could be required to wear “spit shields” to protect them from hostile inmates, said Rep. Jacyn Gallagher, R-Weiser, the bill’s House co-sponsor.

The House State Affairs Committee voted unanimously to introduce the bill, which could come back for a full hearing at a later date.

Bill would ban abortion activists from providing sex-ed materials

In other business Monday morning, House State Affairs also introduced a bill to restrict where schools can get their sex education learning materials.

Namely, the schools could not accept materials from “a provider of abortion.”

Co-sponsored by Rep. Bruce Skaug, R-Nampa, and David Ripley, executive director of Idaho Chooses Life, this bill would amend the controversial “No Public Funds for Abortion” act, passed in 2021.

During brief discussion, Rep. John Gannon, D-Boise, asked if the bill would ban some free materials that make no reference to abortion. Skaug seemed to suggest that pro-abortion groups use access to schools to advance their message.

“Usually, (that’s) their main purpose in life, or death,” Skaug said.

With the committee’s vote, the bill could come back for a full hearing at a later date.

State college savings program assets up 16%

Thousands of Idahoans last year signed up for the state’s college savings plan, increasing the program’s assets 16% year over year. 

In 2023, more than 4,700 Idahoans opened new accounts with iDeal, the state’s tax-deductible college tuition savings plan, a 14% increase since the prior year. Total assets in the program climbed to $784 million, as the average balance per account increased to $15,900, an 11% year-over-year spike. 

“Considering inflation and all the competing interests, it was really good to see that people were continuing to save for education,” Marilyn Whitney, iDeal executive director, told the Senate Education Committee Monday. 

IDeal allows Idaho residents to contribute to a tax-deferred education account for the benefit of anyone saving for college or private K-12 school. Contributors can deduct up to $6,000 if they’re single, or $12,000 if they’re married and filing jointly, from state taxable income.