BOISE, ID – Rep. Dale Hawkins Thursday introduced a bill that would “clean up” a 2025 law barring public schools from teaching about sexual orientation and gender identity.
Last year, the Legislature passed House Bill 352, and Gov. Brad Little signed it into law. Co-sponsored by Hawkins, R-Fernwood, the bill directed public schools to adopt policies that prohibit instruction on sexual orientation or gender identity “from kindergarten through grade 12 or in a manner that is not age appropriate or developmentally appropriate for students in accordance with state standards.”
The new bill would eliminate the clause that starts with the words, “or in a manner.”
This language was unintentionally left in last year’s bill. It’s creating confusion, Hawkins, the new chair of the House Education Committee, told committee members.
“It’s just cleaning the bill up,” Hawkins said of his new proposal.
But this might be understating it.
Rep. Chris Mathias, D-Boise, asked Hawkins whether changing the law would block parents from opting their children into “age-appropriate” instruction on sexual orientation and gender identity. For example, what if a high school senior wanted to participate in a classroom discussion on Hecox v. Little, the court case challenging Idaho’s restrictions on transgender women and girls joining female sports teams?
The current law appears to allow “age-appropriate” instruction on sexual orientation and gender identity. In an October report that said most districts aren’t following HB 352, the Idaho Family Policy Center described the existing law as preventing instruction that’s “age-inappropriate.”
In response, Hawkins said HB 352 is separate from a law that requires schools to get parents’ permission for instruction on “human sexuality” — House Bill 239. This bill included “sexual orientation” and “gender identity” under the definition of instruction on “human sexuality” that requires a permission slip.
“We’re not talking about sex ed, which is the opt in,” Hawkins said.
Rep. Barbara Ehardt, who sponsored the “human sexuality” opt-in bill and the transgender athletics bill, added that she doesn’t believe Hawkins’ proposal will “interfere” with HB 239.
“If they wanted to discuss the Hecox case, say in a government class, they’d certainly be able to,” said Ehardt, R-Idaho Falls.
House Education unanimously voted to introduce Hawkins’ “cleanup” bill, setting the stage for a public hearing.
The committee also introduced a new bill from Mathias that would require public school leaders to notify parents when their children are involved in a “serious bullying incident.” Last year, the House passed a similar bill, but the Senate rejected it.
