Text of ID H 41 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 41 BY EDUCATION COMMITTEE AN ACT 1 RELATING TO EDUCATION; AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE 2 ADDITION OF A NEW SECTION 33-143, IDAHO CODE, TO ESTABLISH PROVISIONS 3 REQUIRING PUBLIC SCHOOLS TO DISPLAY ONLY CERTAIN FLAGS AND BANNERS ON 4 SCHOOL PROPERTY AND PROHIBITING THE DISPLAY OF CERTAIN FLAGS AND BAN- 5 NERS ON SCHOOL PROPERTY; AND DECLARING AN EMERGENCY AND PROVIDING AN 6 EFFECTIVE DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 33-143, Idaho Code, and to read as follows: 11 33-143. DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) No 12 public elementary school or public secondary school in the state of Idaho 13 shall display any flag or banner on such school's property other than the 14 following flags and banners: 15 (a) The United States flag pursuant to section 33-1602, Idaho Code; 16 (b) The official flag of the state of Idaho, or any county, municipal- 17 ity, public university or community college, school district, special 18 district, or any other political subdivision or governmental instru- 19 mentality of or within the state; 20 (c) Official flags of any state in the United States; 21 (d) Official flags of recognized foreign nations with which the United 22 States is not engaged in hostile action; 23 (e) Official school flags; 24 (f) Official flags of any of the military branches and units of the 25 United States; 26 (g) Official flags of Indian tribes; 27 (h) Flags or banners recognized by the Idaho department of education 28 that are awarded for achievements; or 29 (i) Flags or banners representing official school mascots and colors. 30 (2) No flags or banners shall be displayed by a public elementary school 31 or public secondary school that represent a political viewpoint, including 32 but not limited to flags or banners regarding a political party, race, sexual 33 orientation, gender, or a political ideology. 34 SECTION 2. An emergency existing therefor, which emergency is hereby 35 declared to exist, this act shall be in full force and effect on and after 36 July 1, 2025. 37

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 41, As Amended in the Senate BY EDUCATION COMMITTEE AN ACT 1 RELATING TO EDUCATION; AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE AD- 2 DITION OF A NEW SECTION 33-143, IDAHO CODE, TO PROVIDE FOR THE PURPOSE 3 OF THE SECTION, TO PROHIBIT THE DISPLAY OF CERTAIN FLAGS AND BANNERS ON 4 SCHOOL PROPERTY, TO PROVIDE EXCEPTIONS, TO PROVIDE FOR ENFORCEMENT, AND 5 TO DEFINE TERMS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 6 DATE. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 33-143, Idaho Code, and to read as follows: 11 33-143. DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) 12 The purpose of this section is to ensure that flags and banners displayed on 13 public school property do not promote political, religious, or ideological 14 viewpoints in order to maintain a neutral and inclusive environment for all 15 students. 16 (2) No flags or banners that represent political, religious, or ideo- 17 logical views, including but not limited to political parties, race, gen- 18 der, sexual orientation, or political ideologies, may be displayed on public 19 school property such as classrooms, hallways, entryways, or sports fields. 20 (3) The provisions of subsection (2) of this section shall not apply to: 21 (a) Official flags or banners representing the United States; 22 (b) Official flags of any state in the United States; 23 (c) Official flags of the United States military; 24 (d) Official flags of Idaho Indian tribes; 25 (e) Official flags of recognized foreign nations with which the United 26 States is not engaged in hostile action; 27 (f) Achievement flags or banners recognized by the Idaho state depart- 28 ment of education; 29 (g) Flags or banners representing official school mascots and colors; 30 (h) Electronic displays within the school; 31 (i) Personal items such as pins or shirts worn by students; and 32 (j) Displays in the school parking lot. 33 (4) The Idaho state department of education shall oversee the enforce- 34 ment of this section. Schools found in violation of this section shall be re- 35 quired to remove unauthorized flags or banners. 36 (5) As used in this section: 37 (a) "Banner" means a long, rectangular, or square piece of fabric, pa- 38 per, or other material, often displayed in a vertical or horizontal man- 39 ner, used to convey a message, symbol, emblem, or representation of an 40 institution or a political, religious, or ideological expression, or 41 used to announce or celebrate an event or achievement. 42 2 (b) "Display" means to keep a flag or banner visible on school property 1 beyond a brief curriculum-based educational purpose. 2 (c) "Flag" means a piece of fabric or similar material, typically rect- 3 angular or square, attached to a pole or staff and used as a symbol, em- 4 blem, or representation of a country, state, tribe, institution, or any 5 political, religious, or ideological expression. 6 SECTION 2. An emergency existing therefor, which emergency is hereby 7 declared to exist, this act shall be in full force and effect on and after 8 July 1, 2025. 9