Bill > H0809

This bill amends Idaho law to establish provisions for a "school of origin" and related hearings for children removed from their homes by the department. A "school of origin" is defined as the school where a child was enrolled at the time of their placement into state care. The bill presumes that remaining in the school of origin is in the child's best interest, and parents have the right to choose their child's education. If the department decides to move a child from their school of origin, they must provide written notice to all parties involved, explaining their reasoning. Any party can object to this decision within fourteen days, and the child will remain in their school of origin until any dispute is resolved, unless their immediate physical safety is jeopardized. The department bears the burden of proving that a change in school placement is in the child's best interest and that reasonable accommodations couldn't be made to keep the child in their original school. The court will hold an evidentiary hearing if an objection is filed or if the court deems it necessary, allowing all parties, including the child, to present evidence regarding the best interests of the child's school placement. This new section on school of origin hearings is added to Chapter 16 of Title 16 of the Idaho Code, and the bill also revises terminology and definitions within existing sections of the Child Protective Act, including adding "the right to determine choice of school" to the definition of residual parental rights and responsibilities. The bill also declares an emergency and sets an effective date of July 1, 2026.

Health and Social Services

Health and Welfare Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0809/