Rating: +1

Bill Summary:

House Bill 239 strengthens parental rights in education by requiring affirmative, written parental consent before a student may attend any instruction involving “human sexuality” as newly defined in Idaho Code. The bill adds a comprehensive definition of “human sexuality” that includes topics such as sexual conduct, orientation, gender identity, pornography, and sexual violence.

Key provisions:

• Schools must notify parents at least two weeks before any instruction involving human sexuality is provided.
• Instruction may not proceed unless a signed permission form is submitted one week prior to its start.
• Students without permission must receive alternative academic instruction that does not touch on human sexuality.
• If instruction is delivered without prior consent, parents can retroactively grant permission or request rectification from the school board.
• Failure by a district to rectify the issue within 30 days creates a private cause of action, allowing the parent to sue the school board.
• Prevailing parents may recover $250 in statutory damages, plus actual damages and injunctive relief if necessary.

Reason for Rating:

HB 239 directly reinforces parental authority, transparency in public education, and the right to opt children out of ideologically sensitive content—core values of the Idaho Republican Party Platform. The bill does not ban content but ensures local control through the family, balancing state interests in education with constitutional parental rights. For defending children from ideological exposure without consent and strengthening accountability in the education system, this bill earns a +1 rating.