Idaho Code
Idaho Code § 33-202 (2026)
School attendance compulsory.
✓ current as of May 2026
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School attendance compulsory.
The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of school in his district, but not the age of sixteen (16) years, shall cause the child to be instructed in subjects commonly and usually taught in the public schools of the state of Idaho. To accomplish this, a parent or guardian shall either cause the child to be privately instructed by, or at the direction of, his parent or guardian; or enrolled in a public school or public charter school, including an on-line or virtual charter school or private or parochial school during a period in each year equal to that in which the public schools are in session; there to conform to the attendance policies and regulations established by the board of trustees, or other governing body, operating the school attended.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1971–2024 · leading case: Re: Thermination of Parental Rights (mother), 320 P.3d 1262 (Idaho 2014).
Re: Thermination of Parental Rights (mother), 320 P.3d 1262 (Idaho 2014). “spiritual means alone in lieu of medical treatment shall be deemed for that reason alone to be neglected or lack parental care necessary for his health and well-being, but this subsection shall not prevent the court from acting pursuant to section 16-1627, Idaho Code; or (b)…”
Brooks v. Logan, 903 P.2d 73 (Idaho 1995). “The Brooks first argue that I.C. § 33-202, which requires children between the ages of seven and sixteen to be instructed in subjects commonly and usually taught in public schools in Idaho, gives rise to a "special relationship.”
Epeldi v. Engelking, 488 P.2d 860 (Idaho 1971). “This principle has been embodied by our legislature in I.C. § 33-202 which also compels all children in Idaho to attend approved schools: "The parent or guardian of any child resident in this state who has attained the age of seven (7) years at the time of the commencement of…”
Idaho Dep't of Health & Welfare v. Doe, 339 P.3d 755 (Idaho 2014). “or (b) Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his health, safety or well-being; or (c) Who has been placed for care or…”
In Re Termination of the Parental Rights of Doe 2009-19, 245 P.3d 953 (Idaho 2010). “(b) Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his health, safety or well-being; or (e) Who has been placed for care or…”
State, Dep't of Health & Welfare v. Doe, 387 P.3d 66 (Idaho 2016). “ental care necessaiy for his health and well-being, but this subsection shall not prevent the court from acting *405 pursuant to section 16-1627, Idaho Code; or (b) Whose parents, guardian or other custodian are unable to discharge their responsibilities to and for the child…”
Carr v. Pridgen, 335 P.3d 578 (Idaho 2014). “’s] education (such as which school [he] will attend) will be made by Both Parents,” the magistrate court concluded that Edgar willfully violated the court’s order and therefore found Edgar guilty of contempt. The simple act of enrolling D.”
Mickelsen v. Sch. Dist. No. 25, 901 P.2d 508 (Idaho 1995). “§ 33-1224 (1995) (teachers have right to direct conduct of students during school); I.”
Peterson v. Minidoka Cnty. Sch. Dist. No. 331, 118 F.3d 1351 (9th Cir. 1997). “” Idaho Code § 33-202 (1991). Pavlock informed the Petersons that they needed to submit information to the Board so that the Board could determine whether the children would be comparably educated at home.”
Segali v. Idaho Youth Ranch, Inc., 738 F. Supp. 1302 (D. Idaho 1990). “83-12, for purposes of the compulsory attendance law, Idaho Code 33-202, the definition is left up to the local school board to make such a determination.”
Bayes v. State, 785 P.2d 660 (Idaho Ct. App. 1989). “Bayes had caused the children to become habitual truants by violating I.C. §§ 33-202, 33-206 and 33-207. Pleas of “not true” were entered by a magistrate for each of the children and an evidentiary hearing was set.”
John Doe I & Jane Doe I v. John Doe (Idaho Ct. App. 2024). “e; or (b)Whose parent, guardian or other custodian is unable to discharge the responsibilities to and for the child and, as a result of such inability, the child lacks the parental care necessary for his health, safety or well-being; or (c) Who has been placed for care or…”
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