Text of ID H 239 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 239 BY EDUCATION COMMITTEE AN ACT 1 RELATING TO EDUCATION; AMENDING SECTION 33-1609, IDAHO CODE, TO DEFINE A 2 TERM; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE ADDITION OF A 3 NEW SECTION 33-1611A, IDAHO CODE, TO ESTABLISH PROVISIONS REQUIRING 4 PERMISSION FOR INSTRUCTION ADDRESSING HUMAN SEXUALITY; AND DECLARING 5 AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-1609, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-1609. DEFINITIONS. For the purposes of this chapter: 10 (1) "Abstinence" means the absence of any sexual activity prior to mar- 11 riage, which activity includes physical contact between individuals involv- 12 ing intimate or private areas of the body that can potentially: 13 (a) Result in pregnancy; 14 (b) Transmit sexually transmitted diseases and infections; or 15 (c) Present emotional risks. 16 (2) "Human sexuality" means sexual conduct, sexual pleasure, sexual 17 intimacy, sexual abuse, sexual violence, eroticism, pornography, deviant 18 sexual behavior, sexual attraction, sexual orientation, or any form of sex- 19 ual identity, gender identity, gender ideology, or gender conversion. 20 (2) (3) "Sex education" means the study of the anatomy and the physiol- 21 ogy of human reproduction. 22 SECTION 2. That Chapter 16, Title 33, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 33-1611A, Idaho Code, and to read as follows: 25 33-1611A. REQUIRING PERMISSION FOR INSTRUCTION ADDRESSING HUMAN SEX- 26 UALITY. (1) Prior to any child attending instruction that addresses human 27 sexuality as it is specifically and narrowly defined in section 33-1609, 28 Idaho Code, regardless of whether such instruction is offered by regular or 29 guest instructors, the school district offering such instruction shall no- 30 tify parents and legal guardians of children who are eligible to attend such 31 instruction no less than two (2) weeks before the date that such instruction 32 will begin. The school district shall provide the parent or legal guardian 33 with a brief description of the content of the instruction in human sexuality 34 and such parent or legal guardian shall have the opportunity to review any 35 materials that will be used in the instruction. The school district shall 36 not permit any child to attend such instruction unless the parent or legal 37 guardian of such child submits a signed and written permission form to the 38 board of trustees within one (1) week of the commencement of the instruction 39 granting the school district permission to allow the child to attend the in- 40 2 struction. For any child whose parents do not provide the written permission 1 form provided for in this section, alternative educational instruction that 2 furthers the completion of any grade level or graduation requirements and 3 does not address human sexuality as specifically and narrowly defined in 4 section 33-1609, Idaho Code, shall be provided to such child. 5 (2) A parent or legal guardian of a child who was provided any instruc- 6 tion addressing human sexuality as specifically and narrowly defined in sec- 7 tion 33-1609, Idaho Code, without the required signed and written permission 8 form shall provide written notice to the board of trustees or its designee 9 that the instruction occurred. In such notice, a parent or legal guardian 10 may: 11 (a) Provide retroactive permission for the child to receive such in- 12 struction; or 13 (b) Ask the board of trustees for rectification. 14 (3) Upon receipt of the notice pursuant to subsection (2) of this sec- 15 tion, a board of trustees shall file any retroactive permission granted or 16 provide rectification to a parent or legal guardian within thirty (30) days 17 of receipt of such notice. If the board fails to provide adequate rectifica- 18 tion, the parent or legal guardian who provided the notice pursuant to sub- 19 section (2) of this section shall have a cause of action against the board of 20 trustees. 21 (4) Any parent or legal guardian of a child who prevails in an action 22 brought under this section may recover two hundred fifty dollars ($250) in 23 statutory damages as well as actual damages and any other relief available 24 by law, including but not limited to injunctive relief sufficient to prevent 25 the defendant school district board of trustees from violating the require- 26 ments of this section. 27 SECTION 3. An emergency existing therefor, which emergency is hereby 28 declared to exist, this act shall be in full force and effect on and after 29 July 1, 2025. 30

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 239, As Amended in the Senate BY EDUCATION COMMITTEE AN ACT 1 RELATING TO EDUCATION; AMENDING SECTION 33-1609, IDAHO CODE, TO DEFINE A 2 TERM; AMENDING CHAPTER 16, TITLE 33, IDAHO CODE, BY THE ADDITION OF A 3 NEW SECTION 33-1611A, IDAHO CODE, TO ESTABLISH PROVISIONS REQUIRING 4 PERMISSION FOR INSTRUCTION ADDRESSING HUMAN SEXUALITY; AND DECLARING 5 AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 33-1609, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 33-1609. DEFINITIONS. For the purposes of this chapter: 10 (1) "Abstinence" means the absence of any sexual activity prior to mar- 11 riage, which activity includes physical contact between individuals involv- 12 ing intimate or private areas of the body that can potentially: 13 (a) Result in pregnancy; 14 (b) Transmit sexually transmitted diseases and infections; or 15 (c) Present emotional risks. 16 (2) "Human sexuality" means sexual conduct, sexual pleasure, sexual 17 intimacy, sexual abuse, sexual violence, eroticism, pornography, deviant 18 sexual behavior, sexual attraction, sexual orientation, or any form of sex- 19 ual identity, gender identity, gender ideology, or gender conversion. 20 (2) (3) "Sex education" means the study of the anatomy and the physiol- 21 ogy of human reproduction. 22 SECTION 2. That Chapter 16, Title 33, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 24 ignated as Section 33-1611A, Idaho Code, and to read as follows: 25 33-1611A. REQUIRING PERMISSION FOR INSTRUCTION ADDRESSING HUMAN SEX- 26 UALITY. (1) It is not the intent of the legislature that instruction regard- 27 ing human sexuality as defined in section 33-1609, Idaho Code, shall be in- 28 cluded or required in Idaho public schools. Prior to any child attending in- 29 struction that addresses human sexuality as it is specifically and narrowly 30 defined in section 33-1609, Idaho Code, regardless of whether such instruc- 31 tion is offered by regular or guest instructors, the school district offer- 32 ing such instruction shall notify parents and legal guardians of children 33 who are eligible to attend such instruction no less than two (2) weeks before 34 the date that such instruction will begin. The school district shall provide 35 the parent or legal guardian with a brief description of the content of the 36 instruction in human sexuality and such parent or legal guardian shall have 37 the opportunity to review any materials that will be used in the instruction. 38 The school district shall not permit any child to attend such instruction un- 39 less the parent or legal guardian of such child submits a signed and written 40 2 permission form to the board of trustees within one (1) week of the commence- 1 ment of the instruction granting the school district permission to allow the 2 child to attend the instruction. For any child whose parents do not provide 3 the written permission form provided for in this section, alternative educa- 4 tional instruction that furthers the completion of any grade level or gradu- 5 ation requirements and does not address human sexuality as specifically and 6 narrowly defined in section 33-1609, Idaho Code, shall be provided to such 7 child. 8 (2) A parent or legal guardian of a child who was provided any instruc- 9 tion addressing human sexuality as specifically and narrowly defined in sec- 10 tion 33-1609, Idaho Code, without the required signed and written permission 11 form shall provide written notice to the board of trustees or its designee 12 that the instruction occurred. In such notice, a parent or legal guardian 13 may: 14 (a) Provide retroactive permission for the child to receive such in- 15 struction; or 16 (b) Ask the board of trustees for rectification. 17 (3) Upon receipt of the notice pursuant to subsection (2) of this sec- 18 tion, a board of trustees shall file any retroactive permission granted or 19 provide rectification to a parent or legal guardian within thirty (30) days 20 of receipt of such notice. Each board of trustees shall adopt policies and 21 procedures to investigate alleged violations of the provisions of subsec- 22 tion (1) of this section that are reported by a parent or legal guardian to 23 the board of trustees pursuant to the provisions of subsection (2) of this 24 section. Any public school employee that is determined to have violated the 25 provisions of subsection (1) of this section after such investigation may be 26 subject to disciplinary action. If the board fails to provide adequate rec- 27 tification, the parent or legal guardian who provided the notice pursuant to 28 subsection (2) of this section shall have a cause of action against the board 29 of trustees but only after exhausting all other available remedies. 30 (4) Any parent or legal guardian of a child who prevails in an action 31 brought under this section may recover actual damages and any other relief 32 available by law, including but not limited to injunctive relief sufficient 33 to prevent the defendant school district board of trustees from violating 34 the requirements of this section. 35 SECTION 3. An emergency existing therefor, which emergency is hereby 36 declared to exist, this act shall be in full force and effect on and after 37 July 1, 2025. 38