BOISE, Idaho — A bill to prohibit sex education in Idaho until fifth grade passed out of committee on Monday, but not without some questions on whether or not sex-ed is actually being taught to younger children.
Senator Ben Toews, R-Coeur d’ Alene, told the Senate Education Committee Monday that the reason he introduced S 1071 was to "maintain children's innocence." The bill amends Idaho law to prohibit any instruction in schools about sexuality, gender identity or sexual orientation until the fifth grade.
Toews said he doesn't believe a push for sex education before the fifth grade is a widespread problem, but that he received a concerning email from an Idaho citizen that drove him to introduce the bill.
The email Toews cited referenced a 2019-2020 City of Boise recommendation pamphlet from the Boise Mayor's office, in which the pamphlet has one line regarding collaboration with the Boise School District to establish sex education from pre-kindergarten through 12th grade. Toews said he didn't consult with anyone from BSD on the bill, but said he reached out to the Idaho Attorney General's Office and Toews was told the bill was "useful for clarification" purposes.
The committee invited Nancy Gregory up to the podium to clarify the matter. Gregory is a Boise School District (BSD) trustee and the previous BSD president, who just happened to be sitting in the audience.
She told the committee that she received the same inquiry that Toews did -- and it prompted her to look back at sex education from the beginning to the end.
Gregory said she found no sex education involved until fifth grade, "only safety" prevention. The document was merely a study, she said, not a direct collaboration.
The Idaho State Department of Education also requires certain health education content standards, which can be found on the department's website.
The Health Education standards shows students are given information on sexuality and consequences regarding sexual activity in sixth grade.
From grade three until grade five, students are taught about self esteem, puberty, healthy relationships and safety to prevent injuries. No education regarding sexuality and sexual activity can be found on the list of standards from third to fifth grade.
Sen. Carrie Semmelroth, D-Boise, said she is concerned that "a whisper is being used to create legislation" and to her understanding, from her 20-year background in education, she hasn't heard of an issue about sex education prior to fifth grade. Semmelroth also inquired that there may be a push to create legislation "for a problem that doesn't exist."
Only two people testified in committee via video call, one person in favor and one against.
Sen. Brian Lenney, R-Nampa, told the committee that some Idaho school districts are using a program called 'Second Step' which covers gender identity and sexuality. Lenney said it's being taught via social emotional learning.
Social-emotional learning is “the process through which all young people and adults acquire and apply the knowledge, skills, and attitudes to develop healthy identities, manage emotions and achieve personal and collective goals, feel and show empathy for others, establish and maintain supportive relationships, and make responsible and caring decisions,” according to the Collaborative for Academic, Social and Emotional Learning, or CASEL.
She and Janie Ward-Engelking, D-Boise, voted against passing the bill out of committee. Sen. Dave Lent, R-Idaho Falls, voted for the bill, but he said he reserves the right to change his vote because, "This may be sending a message we do have problems, when we may not."
The bill passed out of the Senate Education Committee and will be sent to the floor for further debate.
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