Idaho Code
Idaho Code

Idaho Code § 18-8707 (2026)

Abortion-Related Activities Prohibited in School-Based Health Clinics and sex education curricula. 

✓ current as of May 2026
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Abortion-Related Activities Prohibited in School-Based Health Clinics and sex education curricula. 

(1) No facility operated at a public institution of higher education or operated by a public school district shall provide any of the following services to any person:

(a)  Providing or performing an abortion;
(b)  Counseling in favor of abortion;
(c)  Referring for abortion; or
(d)  Dispensing a drug classified as emergency contraception by the food and drug administration (FDA), except in the case of rape as defined in section 18-6101, Idaho Code.
(2)  No employee of a public institution of higher education or a public school, acting within the scope of such person’s employment, shall provide any of the following services to any person:
(a)  Providing or performing an abortion;
(b)  Counseling in favor of abortion;
(c)  Referring for abortion; or
(d)  Dispensing a drug classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
(3)  The state department of education, state board of education, and other state agencies and local units of administration are prohibited from using state funds to provide or procure an abortion or distribute drugs classified as emergency contraception by the FDA, except in the case of rape as defined in section 18-6101, Idaho Code.
(4)  No public school district shall allow any individual or organization that is a provider of abortion to furnish any materials or instruction relating to sex education curricula.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2023 · leading case: Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022).
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Planned Parenthood v. State of Idaho, 532 P.3d 801 (Idaho 2022). · cites it 4× “See I.C. § 18-8707 (2021). Again, recognizing federal constitutional impediments to implementing the law, the Act expressly provided that it would take effect “ .”
Planned Parenthood Great Nw. v. State (Idaho 2023). · cites it 2× “See I.C. § 18-8707 (2021). Again, recognizing federal constitutional impediments to implementing the law, the Fetal Heartbeat Act expressly provides that it takes effect “ .”
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