Text of ID S 1242 (2024)
Adds to existing law to prohibit institutions of higher education from requiring diversity statements as a condition of employment or admissions.
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As introduced
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-seventh Legislature
Second Regular Session - 2024
IN THE SENATE
SENATE BILL NO. 1242
BY STATE AFFAIRS COMMITTEE
AN ACT
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RELATING TO POSTSECONDARY EDUCATION; AMENDING CHAPTER 59, TITLE 67, IDAHO
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CODE, BY THE ADDITION OF A NEW SECTION 67-5909B, IDAHO CODE, TO PROHIBIT
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THE REQUIREMENT OF STATEMENTS REGARDING DIVERSITY AS A CONDITION OF
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EMPLOYMENT IN POSTSECONDARY EDUCATION; AND DECLARING AN EMERGENCY AND
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PROVIDING AN EFFECTIVE DATE.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1.
That Chapter 59, Title 67, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 67-5909B, Idaho Code, and to read as follows:
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67-5909B.
PUBLIC
POSTSECONDARY
EDUCATION
--
DIVERSITY
STATE-
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MENTS. (1) Hiring and admissions decisions at any public postsecondary edu-
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cational institution in the state of Idaho shall be made on merit. Hiring and
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admissions decisions shall not be conditioned on a requirement that appli-
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cants submit or ascribe to a diversity statement.
No public postsecondary
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educational institution in the state of Idaho shall require or solicit a di-
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versity statement as part of an admissions process, employment application
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process, hiring process, contract renewal process, or promotion process or
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as a condition of participation in any administrative or decision-making
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function of the institution.
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(2)
"Diversity statement" means any written or oral statement dis-
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cussing:
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(a) The applicant's or candidate's race, sex, color, ethnicity, gender
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identity, or sexual orientation;
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(b)
The applicant's or candidate's views on, experience with, or con-
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tributions to diversity, equity, and inclusion; social justice; con-
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fessing one's race-based privilege; confessing one's sex-based privi-
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lege; partisan politics; or religion;
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(c)
The applicant's or candidate's views on or experience with the
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race, sex, color, ethnicity, gender identity, or sexual orientation of
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students and coworkers; or
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(d) The applicant's or candidate's views regarding any theory that ad-
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vocates for the differential treatment of any individual or groups of
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individuals based on race, sex, color, gender, ethnicity, gender iden-
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tity, or sexual orientation.
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(3) Nothing in this section shall be construed to:
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(a) Prevent an institution requiring applicants and candidates:
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(i)
To disclose or discuss the content of their scholarly re-
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search or creative works;
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(ii) To certify compliance with state and federal anti-discrimi-
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nation law; or
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(iii) To discuss pedagogical approaches or experience with stu-
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dents with mental or physical disabilities; or
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(b)
Prevent an applicant or candidate from providing, of the appli-
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cant's or candidate's own initiative, any information described in this
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section.
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SECTION 2.
An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after
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July 1, 2024.
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