Text of ID S 1048 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE SENATE SENATE BILL NO. 1048 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO HIGHER EDUCATION; PROVIDING LEGISLATIVE FINDINGS AND INTENT; 2 AMENDING CHAPTER 59, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW 3 SECTION 67-5909D, IDAHO CODE, TO DEFINE TERMS, TO PROHIBIT DIVERSITY, 4 EQUITY, AND INCLUSION OFFICES AND OFFICERS AT INSTITUTIONS OF HIGHER 5 EDUCATION, TO PROVIDE AN ALTERNATIVE USE FOR CERTAIN FUNDS, TO PROHIBIT 6 DIVERSITY TRAININGS, TO PROHIBIT BIAS REPORTING SYSTEMS, TO PROHIBIT 7 CERTAIN REQUIRED COURSES, TO PROVIDE FOR EXEMPTIONS FROM CERTAIN RE- 8 QUIREMENTS, TO REQUIRE CERTAIN REPORTS, TO PROVIDE THE ATTORNEY GENERAL 9 WITH CERTAIN ENFORCEMENT AUTHORITY, TO PROVIDE FOR A PRIVATE CAUSE 10 OF ACTION, AND TO PROVIDE LIMITATIONS; PROVIDING SEVERABILITY; AND 11 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature finds that 14 this state was founded upon the fundamental truth that all men are created 15 equal and endowed with inalienable rights. Among these rights is the freedom 16 of inquiry, which along with the principle of liberal toleration is essen- 17 tial to the advancement and diffusion of knowledge. The constitution of this 18 state also declares that the stability of a republican form of government de- 19 pends mainly upon the intelligence of the people. In contravention of these 20 principles, a subversive ideology derived from the tenets of critical the- 21 ory has infected the administration of this state's system of higher educa- 22 tion, promoting a culture of division, ignorance, bigotry, and intolerance. 23 Therefore, it is the intent of the Legislature to eliminate all programs and 24 initiatives within all public institutions of higher education predicated 25 on the tenets of critical theory, or more commonly known under the title of 26 "diversity, equity, and inclusion." 27 SECTION 2. That Chapter 59, Title 67, Idaho Code, be, and the same is 28 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 29 ignated as Section 67-5909D, Idaho Code, and to read as follows: 30 67-5909D. FREEDOM OF INQUIRY IN HIGHER EDUCATION. (1) For the purpose 31 of this section: 32 (a) "Bias reporting system" means any office, department, position, or 33 system whose function is to: 34 (i) Investigate, threaten disciplinary action, or otherwise pun- 35 ish enrolled students for expressions of speech protected by state 36 or federal law, including but not limited to speech pertaining to 37 disagreements of opinion, political beliefs or affiliations, or 38 perceived bias, prejudice, stereotypes, or intolerance; or 39 (ii) Solicit the reporting of incidents of student speech pro- 40 tected by state or federal law, including but not limited to speech 41 2 pertaining to disagreements of opinion, political beliefs or af- 1 filiations, or perceived bias, prejudice, stereotypes, or intol- 2 erance. 3 (b)(i) "Diversity, equity, and inclusion" or "DEI" means any 4 trainings, programs, activities, or instruction designed or im- 5 plemented in accordance with the tenets or concepts of critical 6 theory, including but not limited to the concepts of unconscious 7 or implicit bias, microaggressions, internalized racism, cul- 8 tural appropriation, structural equity, settler colonialism, 9 group marginalization, antiracism, systemic oppression, so- 10 cial justice, institutional or systemic racism, white fragility, 11 racial privilege, disparate impact, intersectionality, sexual 12 privilege, patriarchy, gender theory, queer theory, neopronouns, 13 transgender ideology, misgendering, othering, deadnaming, het- 14 eronormativity, allyship, or any other related formulation of 15 these tenets or concepts. This definition shall also include any 16 program, decision-making process, or initiative established for 17 the purpose of: 18 1. Influencing hiring or employment practices at the in- 19 stitution of higher education with respect to race, color, 20 ethnicity, sex, disability, or religion, other than through 21 the use of color-blind and sex-neutral hiring processes in 22 accordance with any applicable state and federal anti-dis- 23 crimination laws; 24 2. Promoting differential treatment of, or providing spe- 25 cial benefit to, individuals on the basis of race, color, 26 ethnicity, sex, disability, or religion; or 27 3. Promoting policies or procedures designed or implemented 28 to provide preferential treatment with respect to race, 29 color, ethnicity, sex, disability or religion other than 30 policies or procedures approved in writing by the institu- 31 tion of higher education's legal counsel and the attorney 32 general of the state of Idaho for the sole purpose of ensur- 33 ing compliance with any applicable court order or state or 34 federal law. 35 (ii) This excludes trainings, programs, or activities developed 36 by an attorney and approved in writing by the institution of higher 37 education's general counsel and the attorney general of the state 38 of Idaho for the sole purpose of ensuring compliance with any ap- 39 plicable court order or state or federal law. 40 (c)(i) "Diversity, equity, or inclusion office" means any divi- 41 sion, office, center, or other unit of an institution of higher 42 education that is responsible for creating, developing, design- 43 ing, implementing, organizing, planning, or promoting policies, 44 programming, training, practices, activities, services, or pro- 45 cedures relating to diversity, equity, and inclusion. 46 (ii) "Diversity, equity, and inclusion office" shall not include: 47 1. An office certified by the attorney general of the state 48 of Idaho as operating with the sole and exclusive mission of 49 ensuring legal compliance with the institution of higher ed- 50 3 ucation's obligations under title IX of the education amend- 1 ments of 1972, the federal Americans with disabilities act, 2 the federal age discrimination in employment act, title VI 3 of the federal civil rights act of 1964, an applicable court 4 order, or other applicable state or federal law; 5 2. An academic department defined as a unit of an institu- 6 tion of higher education that exists primarily for the pur- 7 pose of offering courses for degree credit and that does not 8 establish policies or procedures to which other units of the 9 institution of higher education are subject; or 10 3. A student organization that is registered with the insti- 11 tution of higher education. 12 (d)(i) "Diversity, equity, and inclusion officer" means an in- 13 dividual whose duties for the institution include coordinating, 14 creating, developing, designing, implementing, organizing, plan- 15 ning, or promoting policies, programming, training, practices, 16 activities, or procedures relating to diversity, equity, and 17 inclusion and who is a full-time or part-time employee of an in- 18 stitution of higher education or subdivision or affiliated entity 19 thereof or an independent contractor of an institution of higher 20 education. 21 (ii) "Diversity, equity, and inclusion officer" shall not in- 22 clude: 23 1. Any full-time or part-time employee who is a licensed at- 24 torney and whose sole job duties related to diversity, eq- 25 uity, and inclusion are to ensure compliance with the insti- 26 tution of higher education's obligations under title IX of 27 the education amendments of 1972, the federal Americans with 28 disabilities act, the federal age discrimination in employ- 29 ment act, title VI of the federal civil rights act of 1964, 30 applicable court orders, or other applicable state and fed- 31 eral law; 32 2. Any faculty member while such faculty member is teaching, 33 engaged in research, engaged in the production of creative 34 works, engaged in the dissemination of research or creative 35 works, or advising a registered student organization; or 36 3. Guest speakers or performers who do not receive any form 37 of compensation in exchange for their presentation, perfor- 38 mance, or appearance. 39 (e)(i) "Diversity training" means a training, seminar, discus- 40 sion group, workshop, or other instructional program, whether 41 provided in-person, online or by any other means, with a purpose of 42 advising, counseling, demonstrating, explaining, instructing, or 43 teaching participants about diversity, equity, and inclusion. 44 (ii) "Diversity training" shall not include an academic course 45 offered for credit and not otherwise subject to subsection (2)(f) 46 or (2)(g) of this section, nor shall it include activities of a 47 student organization registered with an institution of higher ed- 48 ucation that effects only the members of such organization. 49 4 (iii) "Diversity training" does not limit or prohibit an institu- 1 tion of higher education's authority to establish policies that 2 are necessary to comply with state or federal law, including laws 3 relating to prohibited discrimination or harassment. 4 (f) "DEI-related course" means a course of instruction taken for credit 5 whose subject matter or pedagogical methodology is based on or other- 6 wise utilizes any of the concepts of critical theory or DEI described in 7 this section. 8 (g) "Institution of higher education" means the following entities 9 that are accredited by the northwest commission on colleges and uni- 10 versities or another accrediting body recognized by the state board of 11 education: 12 (i) Any public institution of higher education or subdivision or 13 affiliated entity thereof that receives funding appropriated by 14 the Idaho legislature; or 15 (ii) Any subdivision or affiliated entity of a private univer- 16 sity, college, or community college in Idaho that receives funding 17 appropriated by the Idaho legislature. 18 (h) "Public institution of higher education" means any public univer- 19 sity, public college, public career technical school, or public commu- 20 nity college located in the state of Idaho. 21 (2) No institution of higher education in the state of Idaho, or any em- 22 ployee, appointee, or committee acting on behalf of an institution of higher 23 education, shall: 24 (a) Discriminate against or provide preferential treatment to a 25 prospective student on account of such prospective student's race, sex, 26 color, ethnicity, or national origin during the admissions process to 27 determine such prospective student's acceptance into the institution 28 or a program of study; 29 (b) Discriminate against or provide preferential treatment to a 30 prospective employee on account of such prospective employee's race, 31 sex, color, ethnicity, or national origin during the hiring process; 32 (c) Establish, sustain, support, or staff a diversity, equity, and in- 33 clusion office or department; or contract, employ, engage, or hire an 34 individual to serve as a diversity, equity, and inclusion officer or 35 consultant. Any funds that would otherwise have been expended on di- 36 versity, equity, and inclusion offices or diversity, equity, and inclu- 37 sion officers in fiscal year 2026 may be reallocated, at the discretion 38 of the governing board of the institution of higher education, to merit 39 scholarships designed to reduce tuition for in-state students; 40 (d) Either directly or indirectly organize, administer, conduct, pro- 41 mote, or sponsor diversity training; 42 (e) Establish, sustain, support, or staff any bias reporting system; 43 (f) Establish curricula or designate courses at the institution in 44 a manner that requires or otherwise compels a student to enroll in a 45 DEI-related course in order to satisfy the requirements of any aca- 46 demic degree program, including general education, major, minor, or 47 certificate requirements, except as provided in subsection (3) of this 48 section; or 49 5 (g) Require, solicit, or incentivize faculty to apply or participate in 1 DEI practices or include DEI-related content in any course as a condi- 2 tion of approval, designation, or listing as part of any academic degree 3 program, including general education, major, minor, or certificate re- 4 quirements, or as a condition of consideration in any faculty member's 5 performance assessment, promotion, tenure, salary adjustment, or any 6 other incentive, except as provided in subsection (3) of this section. 7 (3) Every institution of higher education in the state of Idaho shall 8 provide a procedure to allow the governing board of the institution of higher 9 education to exempt, upon written request to the board, any academic degree 10 program requirements of any major, minor, certificate, or department the ti- 11 tle of which clearly establishes its course of study as primarily focused 12 on racial, ethnic, or gender studies from the prohibitions of subsections 13 (2)(f) and (2)(g) of this section, provided that a student may not be re- 14 quired or otherwise compelled to enroll in any such program, department, or 15 course in order to satisfy the requirements of any other academic degree pro- 16 gram, including general education requirements, or any other major, minor, 17 or certificate requirements. 18 (4)(a) Every public institution of higher education shall on or before 19 January 15 of each year, submit an annual report to the attorney gen- 20 eral and the education committees of both the house of representatives 21 and the senate signed by the president of the institution of higher ed- 22 ucation certifying that the institution is in compliance with this sec- 23 tion. 24 (b) In 2026, this report shall include a list of: 25 (i) All offices, programs, and initiatives that have existed 26 within the institution within the preceding five (5) years that 27 would have constituted a violation of this section if this section 28 were in effect at such time, along with the actions taken by the 29 institution to ensure compliance with the provisions of this sec- 30 tion; 31 (ii) Officers, employees, and contractors that have been employed 32 by or contracted with the institution within the preceding five 33 (5) years that would have constituted a violation of this section 34 if this section were in effect at such time, along with the actions 35 taken by the institution to ensure compliance with the provisions 36 of this section; and 37 (iii) Trainings, activities, or courses of instruction required 38 by the institution within the preceding five (5) years that would 39 have constituted a violation of this section if this section were 40 in effect at such time, along with the actions taken by the insti- 41 tution to ensure compliance with the provisions of this section. 42 (5) The provisions of this section shall be enforced by the attorney 43 general as follows: 44 (a) Any person may notify the attorney general of a violation or poten- 45 tial violation of this section by an institution of higher education; 46 (b) The attorney general may file suit for a writ of mandamus compelling 47 the institution of higher education to comply with this section; and 48 (c) The attorney general may seek civil penalties for any violations of 49 this section up to two percent (2%) of the amount of the institution's 50 6 operating expenses budgeted for the state fiscal year preceding that in 1 which the violation occurred. 2 (6) Any student enrolled in a degree program at an institution of higher 3 education, any staff member of an institution of higher education, or any 4 alumnus of an institution of higher education shall have a private cause of 5 action against such an institution of higher education that violates the 6 provisions of this section to seek injunctive relief. Notwithstanding any 7 other law to the contrary, a civil action brought under this section may 8 be brought in the county in which all or a substantial part of the actions 9 or omissions giving rise to the claim occurred, the county of residence in 10 this state at the time the cause of action occurred for any one (1) of the 11 claimants, the county of the principal office in this state of any one (1) of 12 the defendants that is not a natural person, or the county of residence for 13 the claimant. 14 (7) The provisions of this section shall not be construed to: 15 (a) Limit research by students, faculty, or other research personnel 16 of an institution of higher education or the dissemination of such re- 17 search; 18 (b) Limit creative works by students, faculty, or other personnel of an 19 institution of higher education or the dissemination of such creative 20 works; 21 (c) Limit activities of student organizations registered with an in- 22 stitution of higher education as long as the organization and activity 23 do not use state funds; 24 (d) Limit the appearance of guest speakers and performers who do not 25 receive any form of compensation in exchange for their presentations, 26 performances, or appearances as long as attendance is voluntary; 27 (e) Prohibit an institution of higher education from establishing bona 28 fide qualifications based on sex that are reasonably necessary to the 29 normal operation of an institution of higher education; 30 (f) Limit the academic freedom of any individual faculty member of an 31 institution of higher education to direct the instruction within such 32 faculty member's own course not otherwise subject to this section; 33 (g) Prohibit any program or training that is generated by licensed at- 34 torneys and required for the institution of higher education to comply 35 with its obligation under title IX of the education amendments of 1972, 36 the federal Americans with disabilities act, the federal age discrim- 37 ination in employment act, title VI of the federal civil rights act of 38 1964, any applicable court order, or other applicable state and fed- 39 eral law, provided that the institution of higher education makes any 40 materials associated with such program or training publicly available 41 on its website; 42 (h) Prohibit an institution of higher eduction from regulating student 43 speech or activity that is prohibited by law or from investigating or 44 soliciting information about potentially illegal speech, speech asso- 45 ciated with potentially illegal activity, or incidents in which speech 46 rights were potentially curtailed. Except as further limited by this 47 section, institutions shall be allowed to restrict student expression 48 not otherwise protected by section 9, article I of the constitution of 49 the state of Idaho; or 50 7 (i) Prohibit an institution of higher eduction from supporting citi- 1 zens of federally recognized American Indian tribes by: 2 (i) Establishing and maintaining designated centers for American 3 Indian students; 4 (ii) Supporting American Indian cultural events; or 5 (iii) Offering or facilitating scholarships for American Indian 6 students. 7 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 8 to be severable and if any provision of this act or the application of such 9 provision to any person or circumstance is declared invalid for any reason, 10 such declaration shall not affect the validity of the remaining portions of 11 this act. 12 SECTION 4. An emergency existing therefor, which emergency is hereby 13 declared to exist, this act shall be in full force and effect on and after 14 July 1, 2025. 15