Idaho Gov. Signs Laws Protecting Free Speech for Students and School Choice, Mixed Feelings Among Homeschoolershoolers

Idaho Governor Brad Little has taken major steps to protect the rights of students and their parents across the state by recently signing bills that protect free speech on college campuses and allow parents the freedom to select better learning options for their children.

Free Speech Protections

The first bill that Little recently signed protects the First Amendment rights of students for the state's public universities. 

HB 240 or "The Protecting Campus Free Speech in Higher Education Act" prohibits higher education institutions from establishing "free speech zones" on campus and restricting speech outside those zones.   

"No public institution of higher education shall abridge the protected expressive activity of any member of the campus community to speak on campus," the bill explains.

Additionally, the bill outlines that schools cannot charge a security fee to student organizations based on the content of the student group's expression, or organization's invited guest, or the anticipated reaction to an invited guest's expression.

The non-profit legal group, Alliance Defending Freedom, applauded Little for protecting the rights of students. 

"College students do not lose their constitutional rights to the freedom of speech and expression when they step foot onto a university campus," said Alliance Defending Freedom Senior Counsel Zack Pruitt. "Schools must respect the First Amendment rights of all students, regardless of their political or religious beliefs, and foster a learning environment where students can freely engage in the marketplace of ideas."

Idaho joins 20 other states with similar legislation and is also now increasing schooling options for students. 

School Choice Options for Families

In late February, Little signed House Bill 93 into law, also known as the "Parental Choice Tax Credit" bill, which now makes available school choice programs for the first time in the state's history. 

The bill allocates $50 million to expand school choice across the state through a $5,000 tax credit for families, including families that homeschool, to cover education expenses such as tuition, supplies, and tutors, and up to $7,500 for special needs students. 

The state now "boasts even more abundant schooling options for Idaho students and families," Little said in a news release. He pointed out that his administration has also increased public school funding by 60% in the last few year.

"With the passage of the $50 million Parental Choice Tax Credit program, Idaho boasts even more abundant schooling options for Idaho students and families," he said. "Idaho can have it all — strong public schools and education freedom. Providing high-quality education for Idaho students will always be our top priority." 

Mixed Feeling Among Homeschool Advocates Over Legislation

Some Idaho homeschool advocates are opposing the school choice measure citing that it has "become the biggest threat to homeschool freedom in a generation."

"Everybody in the state can choose to send their child wherever they want to send their child. (But) what school choice means is government funded school choice. And we believe that when the government funds all the options, there actually aren't any options," Melissa Nash, board member of Homeschool Idaho, told CBN News. 

Homeschool Idaho has spent years opposing House Bill 93 warning that the bill is "not as straightforward" as you might think. 

Nash told us that homeschool parents becoming eligible for the credit could lead to regulations that would impede on parental rights.

"There are no state agencies that get government funding that don't have rules that they have to abide by in order to receive those funds," she explained. 

Nash added that in other states she has seen where more regulations were added for homeschooling and feels the legislation is a step backwards for parents in Idaho. 

"You already actually have all the parental rights in our state to do whatever form of education that you want," she said. "We have some of the freest home schooling laws in the nation and also the ability again to send your kid to a pod school a micro school, a pod school, private school, a charter school an online school. You can send your child anywhere that you want to in the state of Idaho for your schooling."

"What people want that are pushing school choices they want the government to fund all of those options," she added.

However, there are some homeschooling advocates celebrating this legislation as a victory, saying it's not the government that's funding those options – it's taxpayers getting their own money back to use on the schooling they choose.

"Idaho joins an increasing number of states passing school choice legislation providing pivotal opportunities for families seeking alternatives like homeschooling," explained Covenant Journey Academy in a statement.

The homeschool academy's founder and chancellor, Mat Staver, added, "As failing academics and radical ideologies dominate public schools, parents are experiencing an awakening. Homeschooling provides the freedom to nurture children's minds while instilling values that prepare them for life, service, their career, and every future endeavor to which God calls them." 

Idaho becomes the 14th state to enact universal school choice legislation, joining Alabama, Arizona, Arkansas, Florida, Indiana, Iowa, Louisiana, North Carolina, Ohio, Oklahoma, Tennessee, Utah, and West Virginia.

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