IdahoS 11982025 regular legislative sessionSenate

EDUCATION – Adds to existing law to establish provisions to ensure freedom of inquiry in higher education.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 1 costs, 3 mixed.

Optional merit scholarships for Idaho students

Beginning July 1, 2025, covered Idaho college boards can redirect fiscal year 2026 money otherwise used for DEI offices or officers. The money can fund merit scholarships designed to lower tuition for in-state students. Boards do not have to redirect funds, and the law sets no scholarship amount. Students must qualify for in-state status and meet the scholarship's merit requirements to receive help.

Students and staff can enforce college rules

Beginning July 1, 2025, degree-program students and college staff can sue covered Idaho institutions for orders stopping specified violations. Both groups can challenge banned DEI offices, training, and bias-reporting systems. Students can also challenge admissions preferences and required DEI courses; staff can challenge hiring preferences and faculty DEI requirements. Cases must be filed where the college is located and all or a substantial part of the events occurred. This right provides court orders, not money damages.

College students gain protected speech safeguards

Beginning July 1, 2025, covered Idaho colleges cannot maintain bias-reporting systems targeting students' legally protected speech. This includes systems that investigate, threaten punishment, punish, or seek reports about that speech. Colleges can still investigate potentially illegal speech or activity and reports that someone's speech rights were limited.

Idaho colleges face diversity program bans

Beginning July 1, 2025, covered Idaho colleges cannot support diversity, equity, and inclusion (DEI) offices, officers, consultants, or training. The definition targets critical-theory activities, including implicit bias and systemic oppression, and certain efforts promoting unequal treatment or special benefits. The law also bars designated American Indian student centers, support for American Indian cultural events, and offering or arranging American Indian scholarships. Exceptions cover specified legal-compliance staff, certain credit courses, patient-client counseling, and registered student groups using no state funds. Required legal training must be developed by licensed attorneys, with materials posted publicly on the college website. Other exclusions cover academic departments without cross-unit policy duties, attorneys doing legal work, and paid or unpaid guest speakers and performers.

Idaho colleges face reports and penalties

Beginning July 1, 2025, anyone can report possible violations to Idaho's attorney general, who must investigate alleged violations. After finding a violation, the attorney general must give detailed written notice and can seek court orders and civil penalties. The maximum penalty is the greater of $50,000 or 10% of the offending unit's prior state fiscal-year operating expenses. Public college presidents must certify compliance annually by January 15 to the attorney general and legislative education committees. The 2026 report must identify noncompliant programs and corrective actions, plus specified personnel and training information covering the prior two years.

Limits on college diversity course requirements

Beginning July 1, 2025, covered Idaho colleges cannot require DEI-related courses for degrees, general education, majors, minors, or certificates. Colleges also cannot require, request, or reward faculty DEI practices or content for program approval, reviews, promotion, tenure, or pay. A governing board can grant exemptions after a written request for programs or departments clearly titled around racial, ethnic, or gender studies. Students cannot be required to take exempt programs or courses to meet another program's requirements. Research, creative work, and free classroom discussion remain protected.

New admissions and hiring protections at colleges

Beginning July 1, 2025, covered Idaho colleges cannot discriminate or give preferences in admissions or hiring. This covers race, sex, color, ethnicity, and national origin, including decisions made by people acting for colleges. Coverage includes public colleges and state-funded units or affiliates of private institutions specified in the law. Narrow sex-based job qualifications remain allowed when reasonably necessary to normal operations. The law does not apply to conduct before July 1, 2025.

Sponsors & Cosponsors

Sponsor

STATE AFFAIRS COMMITTEE
Affiliation unavailable

Cosponsors

Judy Boyle
Republican • House
No sponsor data.
Affiliation unavailable
Ben Toews
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 102 • No: 37

Senate vote • 4/4/2025

Senate Floor Vote

Yes: 23 • No: 12

House vote • 4/3/2025

House Floor Vote

Yes: 52 • No: 17

Senate vote • 3/31/2025