TITLE 33

EDUCATION

CHAPTER 16

COURSES OF INSTRUCTION

33-1602.  United States constitution — National flag and colors — National anthem — "America" — Citizenship — civics test. (1) Instruction in the United States constitution shall be given in all elementary and secondary schools. The state board of education shall adopt any materials as may be deemed necessary for such purpose and shall also determine the grades in which such instruction shall be given.

(2)  Instruction in the proper use, display, and history of and respect for the American flag and the national colors shall be given in all elementary and secondary schools. Such instruction shall include the pledge of allegiance to the flag and the words and music of the national anthem and of "America."

(3)  Every school board of trustees shall cause the United States flag to be displayed in every classroom during the school hours of each school day.

(4)  Every public school shall offer the pledge of allegiance or the national anthem in grades 1 through 12 at the beginning of each school day.

(5)  No pupil shall be compelled, against the pupil’s objections or those of the pupil’s parent or guardian, to recite the pledge of allegiance or to sing the national anthem.

(6)  Instruction in citizenship shall be given in all elementary and secondary schools. Citizenship instruction shall include lessons on the role of a citizen in a constitutional republic, how laws are made, how officials are elected, and the importance of voting and of participating in government. Such instruction shall also include the importance of respecting and obeying statutes that are validly and lawfully enacted by the Idaho legislature and the congress of the United States.

(7)  Starting with the 2016-2017 school year, all secondary pupils shall show that they have met the state civics and government standards for such instruction through the successful completion of the civics test, participation in a course in United States government and politics, and participation in an associated college credit-bearing examination or alternate path established by the local school district or charter school that shows the student has met the standards. Assessment of standards shall be included as part of the course at the secondary level. Students graduating prior to January 1, 2029, who have satisfied the requirement outlined in this subsection prior to the start of the 2026-2027 school year are exempt from completing the requirement provided for in subsection (8) of this section.

(8)  Beginning with the 2026-2027 school year, all secondary pupils shall show that they have met the state civics and government standards for such instruction through the successful completion of the civics test and participation in a course in United States government and history, or participation in an associated college credit-bearing course or examination. Assessment of standards shall be included as part of the course at the secondary level. A school district or public charter school shall document on the pupil’s transcript that the pupil has passed the civics test pursuant to this subsection. The school district or governing body of the charter school may determine the method and manner in which to administer the civics test. A pupil may take the civics test at any time after enrolling in grade 9 and may repeat the test as often as necessary to pass the test. The applicability of this subsection to a pupil who receives special education services shall be governed by such pupil’s individualized education plan. For the purposes of this subsection, "civics test" means an assessment developed by the state department of education with the approval of the state board of education that includes but is not limited to the following components from the Idaho content standards in American government:

(a)  The influence of the history of Western civilization on the founding of the American republic, including Greek democracy, Roman republicanism, and the English political and legal tradition;

(b)  The arguments presented in the declaration of independence;

(c)  The governing principles at the foundation of the United States constitution, including popular sovereignty, rule of law, federalism, separation of powers, checks and balances, judicial review, and majority rule and protection of minority rights;

(d)  The role of the bill of rights in limiting the powers of government and protecting individual rights;

(e)  The enumerated powers of the United States congress, including appropriations, declarations of war, commerce, confirmations, necessary and proper clauses, and oversight and impeachment;

(f)  The legislative process of how a bill becomes law;

(g)  Article II of the United States constitution as it relates to the executive branch and the powers of the president, along with the development and growth of administrative agencies;

(h)  The function and development of the electoral college;

(i)  The power of the judiciary as conferred by article III of the United States constitution and legal precedents that developed these powers;

(j)  The functions, powers, interactions, and dynamic relationships among federal, state, local, and tribal governments, including the tenth amendment to the United States constitution and legal precedent; and

(k)  The organization and powers of state and local government as described in the constitution of the state of Idaho, including the legislative, executive, and judicial branches.

(9)  Components of the assessment developed pursuant to subsection (8) of this section shall be reviewed concurrently with the review of the Idaho content standards in American government. The state board of education may promulgate rules, subject to legislative approval, implementing the provisions of subsection (8) of this section.

(10) Subject to state-appropriated funds, the state department of education shall make available funding for high quality professional development focused on advanced high school civics or government courses, including those with college credit-bearing civics or government examinations. Allowable expenses include summer institutes offered at different sites throughout the state and workshops to help high school teachers prepare students for success in college-level courses.

History:

[33-1602, added 1963, ch. 13, sec. 177, p. 27; am. 1991, ch. 287, sec. 1, p. 738; am. 2000, ch. 341, sec. 1, p. 1146; am. 2000, ch. 468, sec. 1, p. 1450; am. 2014, ch. 97, sec. 22, p. 285; am. 2015, ch. 293, sec. 1, p. 1171; am. 2016, ch. 98, sec. 1, p. 295; am. 2020, ch. 26, sec. 1, p. 59; am. 2025, ch. 279, sec. 1, p. 1183.]