IdahoH 02402025 regular legislative sessionHouse

EDUCATION – Adds to existing law to establish provisions for the protection of certain speech on college campuses.

Sponsored By: EDUCATION COMMITTEE

Signed by Governor

EDUCATION

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Students can sue over speech violations

Beginning July 1, 2025, students and student groups can sue Idaho public colleges and employees acting in their official roles. Claims must involve rights under this law and follow the Idaho Tort Claims Act’s rules and limits. If a court finds a violation, it may order the violation stopped and award compensatory damages up to $25,000. It may also award nominal damages, reasonable court costs, and attorney’s fees. Lawsuits must be filed within one year after the claim arises; each day a violation continues starts a new claim.

Clearer campus rules and harassment protections

Beginning July 1, 2025, Idaho public colleges must maintain policies against student-on-student harassment. Harassment means unwelcome expression that is severe, pervasive, and offensive both to the student and by an objective standard. It must effectively deny equal access to educational opportunities or benefits. Colleges must explain speech laws, policies, and expectations in handbooks, websites, and orientation. By December 1, 2025, they must post implementation reports and send them to the Governor and Legislative Services Office. Reports must be updated when policies change. Within 30 days after a claim is filed, colleges must send the State Board of Education the complaint and policy amendments. The board must report non-privileged information annually by January 14; legally protected student and employee records remain exempt.

Stronger speech protections for Idaho students

Beginning July 1, 2025, Idaho public colleges, universities, and community colleges must protect noncommercial speech covered by constitutional rights. They cannot confine outdoor speech to designated “free speech zones.” Outdoor rules must be narrow, serve a significant school interest, treat topics and viewpoints equally, and leave ample alternatives. Rules must allow students to gather and share literature spontaneously without limiting protected student speech elsewhere on campus. Colleges cannot charge students or groups security fees based on their speech, guests’ speech, or expected reactions to guests. Neutral fees remain allowed; the law does not protect commercial speech, unprotected expression, harassment, or substantial disruption of others’ reserved activities.

Sponsors & Cosponsors

Sponsor

  • EDUCATION COMMITTEE

    Affiliation unavailable

Cosponsors

  • Kevin Cook

    Republican • Senate

  • Barbara Ehardt

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 81 • No: 21

Senate vote • 3/19/2025

Senate Floor Vote

Yes: 26 • No: 6

House vote • 3/4/2025

House Floor Vote

Yes: 55 • No: 15

Actions Timeline

  1. Reported Signed by Governor on March 28, 2025 Session Law Chapter 194 Effective: 07/01/2025

    3/31/2025
  2. Delivered to Governor at 12:03 p.m. on March 24, 2025

    3/24/2025
  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/24/2025Senate
  4. Signed by President; returned to House

    3/21/2025Senate
  5. Received from the House enrolled/signed by Speaker

    3/21/2025Senate
  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/20/2025House
  7. Returned from Senate Passed; to JRA for Enrolling

    3/20/2025House
  8. Read third time in full – PASSED - 26-6-3

    3/19/2025Senate
  9. Read second time; filed for Third Reading

    3/18/2025Senate
  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/17/2025Senate
  11. Introduced, read first time; referred to: State Affairs

    3/5/2025Senate
  12. Received from the House passed; filed for first reading

    3/5/2025Senate
  13. Read Third Time in Full – PASSED - 55-15-0

    3/4/2025House
  14. Read second time; Filed for Third Reading

    3/3/2025House
  15. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    2/28/2025House
  16. Reported Printed and Referred to Education

    2/17/2025House
  17. Introduced, read first time, referred to JRA for Printing

    2/14/2025House

Bill Text

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