Text of ID S 1198 (2025)

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE SENATE SENATE BILL NO. 1198 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 OF 10 ACTION, AND TO PROVIDE LIMITATIONS; PROVIDING SEVERABILITY; PROVIDING 11 APPLICABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 12 DATE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature finds that 15 this state was founded upon the fundamental truth that all men are created 16 equal and endowed with inalienable rights. Among these rights is the freedom 17 of inquiry, which along with the principle of liberal toleration is essen- 18 tial to the advancement and diffusion of knowledge. The constitution of this 19 state also declares that the stability of a republican form of government de- 20 pends mainly upon the intelligence of the people. In contravention of these 21 principles, a subversive ideology derived from the tenets of critical the- 22 ory has infected the administration of this state's system of higher educa- 23 tion, promoting a culture of division, ignorance, bigotry, and intolerance. 24 Therefore, it is the intent of the Legislature to eliminate all programs and 25 initiatives within all public institutions of higher education predicated 26 on the tenets of critical theory, or more commonly known under the title of 27 "diversity, equity, and inclusion." 28 SECTION 2. That Chapter 59, Title 67, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 30 ignated as Section 67-5909D, Idaho Code, and to read as follows: 31 67-5909D. FREEDOM OF INQUIRY IN HIGHER EDUCATION. (1) For the purpose 32 of this section: 33 (a) "Bias reporting system" means any office, department, position, or 34 system whose function is to: 35 (i) Investigate, threaten disciplinary action, or otherwise pun- 36 ish enrolled students for expressions of speech protected by state 37 or federal law, including but not limited to speech pertaining to 38 disagreements of opinion, political beliefs or affiliations, or 39 perceived bias, prejudice, stereotypes, or intolerance; or 40 2 (ii) Solicit the reporting of incidents of student speech pro- 1 tected by state or federal law, including but not limited to speech 2 pertaining to disagreements of opinion, political beliefs or af- 3 filiations, or perceived bias, prejudice, stereotypes, or intol- 4 erance. 5 (b)(i) "Diversity, equity, and inclusion" or "DEI" means any 6 trainings, programs, activities, or instruction that is derived 7 from or that promotes the tenets or concepts of critical theory, 8 including but not limited to the concepts of unconscious or im- 9 plicit bias, microaggressions, internalized racism, cultural 10 appropriation, structural equity, settler colonialism, group 11 marginalization, systemic oppression, social justice, institu- 12 tional or systemic racism, white fragility, racial privilege, 13 disparate impact, intersectionality, sexual privilege, patri- 14 archy, gender theory, queer theory, neopronouns, transgender 15 ideology, misgendering, othering, deadnaming, heteronormativ- 16 ity, allyship, or any other related formulation of these tenets 17 or concepts. This definition shall also include any program, de- 18 cision-making process, or initiative established for the purpose 19 of: 20 1. Influencing hiring or employment practices at the in- 21 stitution of higher education with respect to race, color, 22 ethnicity, sex, disability, or religion, other than through 23 the use of color-blind and sex-neutral hiring processes in 24 accordance with any applicable state and federal anti-dis- 25 crimination laws; 26 2. Promoting differential treatment of, or providing spe- 27 cial benefit to, individuals on the basis of race, color, 28 ethnicity, sex, disability, or religion; or 29 3. Promoting policies or procedures designed or implemented 30 to provide preferential treatment with respect to race, 31 color, ethnicity, sex, disability, or religion, other than 32 policies or procedures approved in writing by the institu- 33 tion of higher education's legal counsel and the attorney 34 general of the state of Idaho for the sole purpose of ensur- 35 ing compliance with any applicable court order or state or 36 federal law. 37 (ii) This excludes trainings, programs, or activities developed 38 by an attorney or person acting under the supervision of a licensed 39 attorney and approved in writing by the institution of higher edu- 40 cation's general counsel and the attorney general of the state of 41 Idaho for the sole purpose of ensuring compliance with any appli- 42 cable court order or state or federal law. 43 (c)(i) "Diversity, equity, or inclusion office" means any divi- 44 sion, office, center, or other unit of an institution of higher 45 education that is responsible for creating, developing, design- 46 ing, implementing, organizing, planning, or promoting policies, 47 programming, training, practices, activities, services, or pro- 48 cedures relating to diversity, equity, and inclusion. 49 (ii) "Diversity, equity, and inclusion office" shall not include: 50 3 1. An office certified by the attorney general of the state 1 of Idaho as operating with the sole and exclusive mission of 2 ensuring legal compliance with the institution of higher ed- 3 ucation's obligations under title IX of the education amend- 4 ments of 1972, the federal Americans with disabilities act, 5 the federal age discrimination in employment act, title VI 6 of the federal civil rights act of 1964, an applicable court 7 order, or other applicable state or federal law; 8 2. An academic department defined as a unit of an institu- 9 tion of higher education that exists primarily for the pur- 10 pose of offering courses for degree credit and that does not 11 establish policies or procedures to which other units of the 12 institution of higher education are subject; or 13 3. A student organization that is registered with the insti- 14 tution of higher education. 15 (d)(i) "Diversity, equity, and inclusion officer" means an in- 16 dividual whose duties for the institution include coordinating, 17 creating, developing, designing, implementing, organizing, plan- 18 ning, or promoting policies, programming, training, practices, 19 activities, or procedures relating to diversity, equity, and 20 inclusion and who is a full-time or part-time employee of an in- 21 stitution of higher education or subdivision or affiliated entity 22 thereof or an independent contractor of an institution of higher 23 education. 24 (ii) "Diversity, equity, and inclusion officer" shall not in- 25 clude: 26 1. Any full-time or part-time employee who is a licensed at- 27 torney or acting under the supervision of a licensed attor- 28 ney and whose sole job duties related to diversity, equity, 29 and inclusion are to ensure compliance with the institution 30 of higher education's obligations under title IX of the ed- 31 ucation amendments of 1972, the federal Americans with dis- 32 abilities act, the federal age discrimination in employment 33 act, title VI of the federal civil rights act of 1964, ap- 34 plicable court orders, or other applicable state and federal 35 law; 36 2. Any faculty member while such faculty member is teaching, 37 engaged in research, engaged in the production of creative 38 works, engaged in the dissemination of research or creative 39 works, or advising a registered student organization; or 40 3. Guest speakers or performers who do not receive any form 41 of compensation in exchange for their presentation, perfor- 42 mance, or appearance. 43 (e)(i) "Diversity training" means a training, seminar, discus- 44 sion group, workshop, or other instructional program, whether 45 provided in-person, online, or by any other means, with a purpose 46 of advising, counseling, demonstrating, explaining, instructing, 47 or teaching participants in a way that promotes diversity, equity, 48 and inclusion. 49 4 (ii) "Diversity training" shall not include an academic course 1 offered for credit and not otherwise subject to subsection (2)(f) 2 or (g) of this section, counseling that involves a patient-client 3 relationship, or activities of a student organization registered 4 with an institution of higher education as long as the organiza- 5 tion and activity do not use state funds. 6 (iii) "Diversity training" does not limit or prohibit an institu- 7 tion of higher education's authority to establish policies that 8 are necessary to comply with state or federal law, including laws 9 relating to prohibited discrimination or harassment. 10 (f) "DEI-related course" means a course of instruction taken for credit 11 whose subject matter or pedagogical methodology is derived from or pro- 12 motes any of the concepts of critical theory or DEI described in this 13 section. 14 (g) "Institution of higher education" means the following entities 15 that are accredited by the northwest commission on colleges and uni- 16 versities or another accrediting body recognized by the state board of 17 education: 18 (i) Any public institution of higher education or subdivision or 19 affiliated entity thereof that receives funding appropriated by 20 the Idaho legislature; or 21 (ii) Any subdivision or affiliated entity of a private univer- 22 sity, college, or community college in Idaho that receives funding 23 appropriated by the Idaho legislature directly to the private in- 24 stitution. 25 (h) "Public institution of higher education" means any public univer- 26 sity, public college, public career technical school, or public commu- 27 nity college located in the state of Idaho. 28 (2) Except as otherwise provided in this section, no institution of 29 higher education in the state of Idaho, or any employee, appointee, or com- 30 mittee acting on behalf of an institution of higher education, shall: 31 (a) Discriminate against or provide preferential treatment to a 32 prospective student on account of such prospective student's race, sex, 33 color, ethnicity, or national origin during the admissions process to 34 determine such prospective student's acceptance into the institution 35 or a program of study; 36 (b) Discriminate against or provide preferential treatment to a 37 prospective employee on account of such prospective employee's race, 38 sex, color, ethnicity, or national origin during the hiring process; 39 (c) Establish, sustain, support, or staff a diversity, equity, and in- 40 clusion office or department; or contract, employ, engage, or hire an 41 individual to serve as a diversity, equity, and inclusion officer or 42 consultant. Any funds that would otherwise have been expended on di- 43 versity, equity, and inclusion offices or diversity, equity, and inclu- 44 sion officers in fiscal year 2026 may be reallocated, at the discretion 45 of the governing board of the institution of higher education, to merit 46 scholarships designed to reduce tuition for in-state students; 47 (d) Either directly or indirectly, organize, administer, conduct, pro- 48 mote, or sponsor diversity training; 49 (e) Establish, sustain, support, or staff any bias reporting system; 50 5 (f) Establish curricula or designate courses at the institution in 1 a manner that requires or otherwise compels a student to enroll in a 2 DEI-related course in order to satisfy the requirements of any aca- 3 demic degree program, including general education, major, minor, or 4 certificate requirements, except as provided in subsection (3) of this 5 section. The restrictions provided in this paragraph shall not include 6 circumstances where a student fails to timely enroll in any available 7 general education course and, because of such failure to timely enroll, 8 is left with limited course availability; or 9 (g) Require, solicit, or incentivize faculty to apply or participate in 10 DEI practices or include DEI-related content in any course as a condi- 11 tion of approval, designation, or listing as part of any academic degree 12 program, including general education, major, minor, or certificate re- 13 quirements, or as a condition of consideration in any faculty member's 14 performance assessment, promotion, tenure, salary adjustment, or any 15 other incentive, except as provided in subsection (3) of this section. 16 (3) Every institution of higher education in the state of Idaho shall 17 provide a procedure to allow the governing board of the institution of higher 18 education to exempt, upon written request to the board, any academic degree 19 program requirements of any major, minor, certificate, or department the ti- 20 tle of which clearly establishes its course of study as primarily focused on 21 racial, ethnic, or gender studies from the prohibitions of subsection (2)(f) 22 and (g) of this section, provided that a student may not be required or other- 23 wise compelled to enroll in any such program, department, or course in order 24 to satisfy the requirements of any other academic degree program, including 25 general education requirements, or any other major, minor, or certificate 26 requirements. 27 (4)(a) Every public institution of higher education shall, on or before 28 January 15 of each year, submit an annual report to the attorney gen- 29 eral and the education committees of both the house of representatives 30 and the senate signed by the president of the institution of higher ed- 31 ucation certifying that the institution is in compliance with this sec- 32 tion. 33 (b) In 2026, this report shall include a list of: 34 (i) All offices, programs, and initiatives that have existed 35 within the institution within the preceding two (2) years that 36 would have constituted a violation of the provisions of subsection 37 (2) of this section if this section was in effect at such time, 38 along with the actions taken by the institution to ensure compli- 39 ance with the provisions of this section; 40 (ii) Officers, employees, and contractors that have been employed 41 by or contracted with the institution within the preceding two (2) 42 years whose employment would have constituted a violation of this 43 section if this section was in effect at such time, along with the 44 actions taken by the institution to ensure compliance with the 45 provisions of this section; and 46 (iii) Trainings, activities, or courses of instruction required 47 by the institution within the preceding two (2) years that would 48 have constituted a violation of this section if this section was in 49 6 effect at such time, along with the actions taken by the institu- 1 tion to ensure compliance with the provisions of this section. 2 (5) The provisions of this section shall be enforced by the attorney 3 general as follows: 4 (a) Any person may notify the attorney general of a violation or poten- 5 tial violation of this section by an institution of higher education. 6 The attorney general shall investigate the alleged violation and, if 7 the attorney general determines that an institution of higher educa- 8 tion has violated any provision of this section, the attorney general 9 shall send written notice to the institution of higher education with 10 a detailed description of the violation and a request for the institu- 11 tion of higher eduction to cure any ongoing violations. The institution 12 of higher education shall cure any ongoing violation requested by the 13 attorney general and shall file a report to the attorney general within 14 thirty (30) days of receipt of the request from the attorney general 15 with a detailed description of the actions the institution has taken to 16 cure the violations; 17 (b) If an institution of higher education refuses to respond or the 18 attorney general determines that the institution of higher education 19 has not cured any ongoing violations after receiving notice pursuant to 20 paragraph (a) of this subsection, the attorney general may file suit for 21 a writ of mandamus or any appropriate injunctive relief compelling the 22 institution of higher education to comply with the provisions of this 23 section; and 24 (c) The attorney general may seek civil penalties for any violations of 25 this section up to two percent (2%) of the amount of the institution of 26 higher education's operating expenses for the offending division, of- 27 fice, center, or unit within the institution of higher education where 28 the violation occurred for the state fiscal year preceding that in which 29 the violation occurred. 30 (6)(a) Any student enrolled in a degree program at an institution of 31 higher education shall have a private cause of action against such an 32 institution of higher education that violates the provisions of subsec- 33 tion (2)(a), (c), (d), (e), or (f) of this section to seek injunctive re- 34 lief. 35 (b) Any staff member of an institution of higher education shall have a 36 private cause of action against such an institution of higher education 37 that violates the provisions of subsection (2)(b), (c), (d), (e), or (g) 38 of this section to seek injunctive relief. 39 (c) Notwithstanding any other provision of law to the contrary, a civil 40 action brought under this subsection shall be brought in the county 41 where a defendant institution of higher education is located and in 42 which all or a substantial part of the actions or omissions giving rise 43 to the claim occurred. 44 (7) The provisions of this section shall not be construed to: 45 (a) Limit research by students, faculty, or other research personnel 46 of an institution of higher education or the dissemination of such re- 47 search; 48 7 (b) Limit creative works by students, faculty, or other personnel of an 1 institution of higher education or the dissemination of such creative 2 works; 3 (c) Limit activities of student organizations registered with an in- 4 stitution of higher education as long as the organization and activity 5 do not use state funds; 6 (d) Limit the appearance of guest speakers and performers who do not 7 receive any form of compensation in exchange for their presentations, 8 performances, or appearances as long as attendance is voluntary; 9 (e) Prohibit an institution of higher education from establishing bona 10 fide qualifications based on sex that are reasonably necessary to the 11 normal operation of an institution of higher education; 12 (f) Limit the academic freedom of any individual faculty member of an 13 institution of higher education to direct the instruction within such 14 faculty member's own course not otherwise subject to this section or to 15 limit the free discussion of ideas in a classroom setting; 16 (g) Prohibit any program or training that is generated by licensed at- 17 torneys and required for the institution of higher education to comply 18 with its obligation under title IX of the education amendments of 1972, 19 the federal Americans with disabilities act, the federal age discrim- 20 ination in employment act, title VI of the federal civil rights act of 21 1964, any applicable court order, or other applicable state and fed- 22 eral law, provided that the institution of higher education makes any 23 materials associated with such program or training publicly available 24 on its website; 25 (h) Prohibit an institution of higher eduction from regulating student 26 speech or activity that is prohibited by law or from investigating or 27 soliciting information about potentially illegal speech, speech as- 28 sociated with potentially illegal activity, incidents in which speech 29 rights were potentially curtailed, or is otherwise required by col- 30 legiate athletic organizations. Except as further limited by this 31 section, institutions shall be allowed to restrict student expression 32 not otherwise protected by section 9, article I of the constitution of 33 the state of Idaho; or 34 (i) Prohibit an institution of higher education from supporting citi- 35 zens of federally recognized American Indian tribes by: 36 (i) Establishing and maintaining designated centers for American 37 Indian students; 38 (ii) Supporting American Indian cultural events; or 39 (iii) Offering or facilitating scholarships for American Indian 40 students. 41 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 42 to be severable and if any provision of this act or the application of such 43 provision to any person or circumstance is declared invalid for any reason, 44 such declaration shall not affect the validity of the remaining portions of 45 this act. 46 SECTION 4. APPLICABILITY. No provision of this act shall be construed 47 to apply to any institution of higher education in any manner retroactively 48 before July 1, 2025. 49 8 SECTION 5. An emergency existing therefor, which emergency is hereby 1 declared to exist, this act shall be in full force and effect on and after 2 July 1, 2025. 3

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature First Regular Session - 2025 IN THE SENATE SENATE BILL NO. 1198, As Amended in the House 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 OF 10 ACTION, AND TO PROVIDE LIMITATIONS; PROVIDING SEVERABILITY; PROVIDING 11 APPLICABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE 12 DATE. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. LEGISLATIVE FINDINGS AND INTENT. The Legislature finds that 15 this state was founded upon the fundamental truth that all men are created 16 equal and endowed with inalienable rights. Among these rights is the freedom 17 of inquiry, which along with the principle of liberal toleration is essen- 18 tial to the advancement and diffusion of knowledge. The constitution of this 19 state also declares that the stability of a republican form of government de- 20 pends mainly upon the intelligence of the people. In contravention of these 21 principles, a subversive ideology derived from the tenets of critical the- 22 ory has infected the administration of this state's system of higher educa- 23 tion, promoting a culture of division, ignorance, bigotry, and intolerance. 24 Therefore, it is the intent of the Legislature to eliminate all programs and 25 initiatives within all public institutions of higher education predicated 26 on the tenets of critical theory, or more commonly known under the title of 27 "diversity, equity, and inclusion." 28 SECTION 2. That Chapter 59, Title 67, Idaho Code, be, and the same is 29 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 30 ignated as Section 67-5909D, Idaho Code, and to read as follows: 31 67-5909D. FREEDOM OF INQUIRY IN HIGHER EDUCATION. (1) For the purpose 32 of this section: 33 (a) "Bias reporting system" means any office, department, position, or 34 system whose function is to: 35 (i) Investigate, threaten disciplinary action, or otherwise pun- 36 ish enrolled students for expressions of speech protected by state 37 or federal law, including but not limited to speech pertaining to 38 disagreements of opinion, political beliefs or affiliations, or 39 perceived bias, prejudice, stereotypes, or intolerance; or 40 2 (ii) Solicit the reporting of incidents of student speech pro- 1 tected by state or federal law, including but not limited to speech 2 pertaining to disagreements of opinion, political beliefs or af- 3 filiations, or perceived bias, prejudice, stereotypes, or intol- 4 erance. 5 (b)(i) "Diversity, equity, and inclusion" or "DEI" means any 6 trainings, programs, activities, or instruction that is derived 7 from or that promotes the tenets or concepts of critical theory, 8 including but not limited to the concepts of unconscious or im- 9 plicit bias, microaggressions, internalized racism, cultural 10 appropriation, structural equity, settler colonialism, group 11 marginalization, systemic oppression, social justice, institu- 12 tional or systemic racism, white fragility, racial privilege, 13 disparate impact, intersectionality, sexual privilege, patri- 14 archy, gender theory, queer theory, neopronouns, transgender 15 ideology, misgendering, othering, deadnaming, heteronormativ- 16 ity, allyship, or any other related formulation of these tenets 17 or concepts. This definition shall also include any program, de- 18 cision-making process, or initiative established for the purpose 19 of: 20 1. Influencing hiring or employment practices at the in- 21 stitution of higher education with respect to race, color, 22 ethnicity, sex, disability, or religion, other than through 23 the use of color-blind and sex-neutral hiring processes in 24 accordance with any applicable state and federal anti-dis- 25 crimination laws; 26 2. Promoting differential treatment of, or providing spe- 27 cial benefit to, individuals on the basis of race, color, 28 ethnicity, sex, disability, or religion; or 29 3. Promoting policies or procedures designed or implemented 30 to provide preferential treatment with respect to race, 31 color, ethnicity, sex, disability, or religion, other than 32 policies or procedures approved in writing by the institu- 33 tion of higher education's legal counsel and the attorney 34 general of the state of Idaho for the sole purpose of ensur- 35 ing compliance with any applicable court order or state or 36 federal law. 37 (ii) This excludes trainings, programs, or activities developed 38 by an attorney or person acting under the supervision of a licensed 39 attorney and approved in writing by the institution of higher edu- 40 cation's general counsel and the attorney general of the state of 41 Idaho for the sole purpose of ensuring compliance with any appli- 42 cable court order or state or federal law. 43 (c)(i) "Diversity, equity, or inclusion office" means any divi- 44 sion, office, center, or other unit of an institution of higher 45 education that is responsible for creating, developing, design- 46 ing, implementing, organizing, planning, or promoting policies, 47 programming, training, practices, activities, services, or pro- 48 cedures relating to diversity, equity, and inclusion. 49 (ii) "Diversity, equity, and inclusion office" shall not include: 50 3 1. An office certified by the attorney general of the state 1 of Idaho as operating with the sole and exclusive mission of 2 ensuring legal compliance with the institution of higher ed- 3 ucation's obligations under title IX of the education amend- 4 ments of 1972, the federal Americans with disabilities act, 5 the federal age discrimination in employment act, title VI 6 of the federal civil rights act of 1964, an applicable court 7 order, or other applicable state or federal law; 8 2. An academic department defined as a unit of an institu- 9 tion of higher education that exists primarily for the pur- 10 pose of offering courses for degree credit and that does not 11 establish policies or procedures to which other units of the 12 institution of higher education are subject; or 13 3. A student organization that is registered with the insti- 14 tution of higher education. 15 (d)(i) "Diversity, equity, and inclusion officer" means an in- 16 dividual whose duties for the institution include coordinating, 17 creating, developing, designing, implementing, organizing, plan- 18 ning, or promoting policies, programming, training, practices, 19 activities, or procedures relating to diversity, equity, and 20 inclusion and who is a full-time or part-time employee of an in- 21 stitution of higher education or subdivision or affiliated entity 22 thereof or an independent contractor of an institution of higher 23 education. 24 (ii) "Diversity, equity, and inclusion officer" shall not in- 25 clude: 26 1. Any full-time or part-time employee who is a licensed at- 27 torney or acting under the supervision of a licensed attor- 28 ney and whose sole job duties related to diversity, equity, 29 and inclusion are to ensure compliance with the institution 30 of higher education's obligations under title IX of the ed- 31 ucation amendments of 1972, the federal Americans with dis- 32 abilities act, the federal age discrimination in employment 33 act, title VI of the federal civil rights act of 1964, ap- 34 plicable court orders, or other applicable state and federal 35 law; 36 2. Any faculty member while such faculty member is teaching, 37 engaged in research, engaged in the production of creative 38 works, engaged in the dissemination of research or creative 39 works, or advising a registered student organization; or 40 3. Guest speakers or performers who do not receive any form 41 of compensation in exchange for their presentation, perfor- 42 mance, or appearance. 43 (e)(i) "Diversity training" means a training, seminar, discus- 44 sion group, workshop, or other instructional program, whether 45 provided in-person, online, or by any other means, with a purpose 46 of advising, counseling, demonstrating, explaining, instructing, 47 or teaching participants in a way that promotes diversity, equity, 48 and inclusion. 49 4 (ii) "Diversity training" shall not include an academic course 1 offered for credit and not otherwise subject to subsection (2)(f) 2 or (g) of this section, counseling that involves a patient-client 3 relationship, or activities of a student organization registered 4 with an institution of higher education as long as the organiza- 5 tion and activity do not use state funds. 6 (iii) "Diversity training" does not limit or prohibit an institu- 7 tion of higher education's authority to establish policies that 8 are necessary to comply with state or federal law, including laws 9 relating to prohibited discrimination or harassment. 10 (f) "DEI-related course" means a course of instruction taken for credit 11 whose subject matter or pedagogical methodology is derived from or pro- 12 motes any of the concepts of critical theory or DEI described in this 13 section. 14 (g) "Institution of higher education" means the following entities 15 that are accredited by the northwest commission on colleges and uni- 16 versities or another accrediting body recognized by the state board of 17 education: 18 (i) Any public institution of higher education or subdivision or 19 affiliated entity thereof that receives funding appropriated by 20 the Idaho legislature; or 21 (ii) Any subdivision or affiliated entity of a private univer- 22 sity, college, or community college in Idaho that receives funding 23 appropriated by the Idaho legislature directly to the private in- 24 stitution. 25 (h) "Public institution of higher education" means any public univer- 26 sity, public college, public career technical school, or public commu- 27 nity college located in the state of Idaho. 28 (2) Except as otherwise provided in this section, no institution of 29 higher education in the state of Idaho, or any employee, appointee, or com- 30 mittee acting on behalf of an institution of higher education, shall: 31 (a) Discriminate against or provide preferential treatment to a 32 prospective student on account of such prospective student's race, sex, 33 color, ethnicity, or national origin during the admissions process to 34 determine such prospective student's acceptance into the institution 35 or a program of study; 36 (b) Discriminate against or provide preferential treatment to a 37 prospective employee on account of such prospective employee's race, 38 sex, color, ethnicity, or national origin during the hiring process; 39 (c) Establish, sustain, support, or staff a diversity, equity, and in- 40 clusion office or department; or contract, employ, engage, or hire an 41 individual to serve as a diversity, equity, and inclusion officer or 42 consultant. Any funds that would otherwise have been expended on di- 43 versity, equity, and inclusion offices or diversity, equity, and inclu- 44 sion officers in fiscal year 2026 may be reallocated, at the discretion 45 of the governing board of the institution of higher education, to merit 46 scholarships designed to reduce tuition for in-state students; 47 (d) Either directly or indirectly, organize, administer, conduct, pro- 48 mote, or sponsor diversity training; 49 (e) Establish, sustain, support, or staff any bias reporting system; 50 5 (f) Establish curricula or designate courses at the institution in 1 a manner that requires or otherwise compels a student to enroll in a 2 DEI-related course in order to satisfy the requirements of any aca- 3 demic degree program, including general education, major, minor, or 4 certificate requirements, except as provided in subsection (3) of this 5 section; or 6 (g) Require, solicit, or incentivize faculty to apply or participate in 7 DEI practices or include DEI-related content in any course as a condi- 8 tion of approval, designation, or listing as part of any academic degree 9 program, including general education, major, minor, or certificate re- 10 quirements, or as a condition of consideration in any faculty member's 11 performance assessment, promotion, tenure, salary adjustment, or any 12 other incentive, except as provided in subsection (3) of this section. 13 (3) Every institution of higher education in the state of Idaho shall 14 provide a procedure to allow the governing board of the institution of higher 15 education to exempt, upon written request to the board, any academic degree 16 program requirements of any major, minor, certificate, or department the ti- 17 tle of which clearly establishes its course of study as primarily focused on 18 racial, ethnic, or gender studies from the prohibitions of subsection (2)(f) 19 and (g) of this section, provided that a student may not be required or other- 20 wise compelled to enroll in any such program, department, or course in order 21 to satisfy the requirements of any other academic degree program, including 22 general education requirements, or any other major, minor, or certificate 23 requirements. 24 (4)(a) Every public institution of higher education shall, on or before 25 January 15 of each year, submit an annual report to the attorney gen- 26 eral and the education committees of both the house of representatives 27 and the senate signed by the president of the institution of higher ed- 28 ucation certifying that the institution is in compliance with this sec- 29 tion. 30 (b) In 2026, this report shall include a list of: 31 (i) All offices, programs, and initiatives that have existed 32 within the institution within the preceding two (2) years that 33 would have constituted a violation of the provisions of subsection 34 (2) of this section if this section was in effect at such time, 35 along with the actions taken by the institution to ensure compli- 36 ance with the provisions of this section; 37 (ii) Officers, employees, and contractors that have been employed 38 by or contracted with the institution within the preceding two (2) 39 years whose employment would have constituted a violation of this 40 section if this section was in effect at such time, along with the 41 actions taken by the institution to ensure compliance with the 42 provisions of this section; and 43 (iii) Trainings, activities, or courses of instruction required 44 by the institution within the preceding two (2) years that would 45 have constituted a violation of this section if this section was in 46 effect at such time, along with the actions taken by the institu- 47 tion to ensure compliance with the provisions of this section. 48 (5) The provisions of this section shall be enforced by the attorney 49 general as follows: 50 6 (a) Any person may notify the attorney general of a violation or poten- 1 tial violation of this section by an institution of higher education. 2 The attorney general shall investigate the alleged violation and, if 3 the attorney general determines that an institution of higher education 4 has violated any provision of this section, the attorney general shall 5 send written notice to the institution of higher education with a de- 6 tailed description of the violation. The attorney general may file suit 7 for a writ of mandamus or any appropriate injunctive relief compelling 8 the institution of higher education to comply with the provisions of 9 this section; and 10 (b) The attorney general may seek civil penalties for any violations of 11 this section up to ten percent (10%) of the amount of the institution of 12 higher education's operating expenses for the offending division, of- 13 fice, center, or unit within the institution of higher education where 14 the violation occurred for the state fiscal year preceding that in which 15 the violation occurred or fifty thousand dollars ($50,000), whichever 16 is greater. 17 (6)(a) Any student enrolled in a degree program at an institution of 18 higher education shall have a private cause of action against such an 19 institution of higher education that violates the provisions of subsec- 20 tion (2)(a), (c), (d), (e), or (f) of this section to seek injunctive re- 21 lief. 22 (b) Any staff member of an institution of higher education shall have a 23 private cause of action against such an institution of higher education 24 that violates the provisions of subsection (2)(b), (c), (d), (e), or (g) 25 of this section to seek injunctive relief. 26 (c) Notwithstanding any other provision of law to the contrary, a civil 27 action brought under this subsection shall be brought in the county 28 where a defendant institution of higher education is located and in 29 which all or a substantial part of the actions or omissions giving rise 30 to the claim occurred. 31 (7) The provisions of this section shall not be construed to: 32 (a) Limit research by students, faculty, or other research personnel 33 of an institution of higher education or the dissemination of such re- 34 search; 35 (b) Limit creative works by students, faculty, or other personnel of an 36 institution of higher education or the dissemination of such creative 37 works; 38 (c) Limit activities of student organizations registered with an in- 39 stitution of higher education as long as the organization and activity 40 do not use state funds; 41 (d) Limit the appearance of guest speakers and performers who do not 42 receive any form of compensation in exchange for their presentations, 43 performances, or appearances as long as attendance is voluntary; 44 (e) Prohibit an institution of higher education from establishing bona 45 fide qualifications based on sex that are reasonably necessary to the 46 normal operation of an institution of higher education; 47 (f) Limit the academic freedom of any individual faculty member of an 48 institution of higher education to direct the instruction within such 49 7 faculty member's own course not otherwise subject to this section or to 1 limit the free discussion of ideas in a classroom setting; 2 (g) Prohibit any program or training that is generated by licensed at- 3 torneys and required for the institution of higher education to comply 4 with its obligation under title IX of the education amendments of 1972, 5 the federal Americans with disabilities act, the federal age discrim- 6 ination in employment act, title VI of the federal civil rights act of 7 1964, any applicable court order, or other applicable state and fed- 8 eral law, provided that the institution of higher education makes any 9 materials associated with such program or training publicly available 10 on its website; 11 (h) Prohibit an institution of higher eduction from regulating student 12 speech or activity that is prohibited by law or from investigating or 13 soliciting information about potentially illegal speech, speech asso- 14 ciated with potentially illegal activity, or incidents in which speech 15 rights were potentially curtailed. Except as further limited by this 16 section, institutions shall be allowed to restrict student expression 17 not otherwise protected by section 9, article I of the constitution of 18 the state of Idaho; or 19 (i) Prohibit an institution of higher education from supporting citi- 20 zens of federally recognized American Indian tribes by: 21 (i) Establishing and maintaining designated centers for American 22 Indian students; 23 (ii) Supporting American Indian cultural events; or 24 (iii) Offering or facilitating scholarships for American Indian 25 students. 26 SECTION 3. SEVERABILITY. The provisions of this act are hereby declared 27 to be severable and if any provision of this act or the application of such 28 provision to any person or circumstance is declared invalid for any reason, 29 such declaration shall not affect the validity of the remaining portions of 30 this act. 31 SECTION 4. APPLICABILITY. No provision of this act shall be construed 32 to apply to any institution of higher education in any manner retroactively 33 before July 1, 2025. 34 SECTION 5. 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