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S 1198

An Act to enhance the lives of survivors of human trafficking

194th Legislature (2025-2026) Introduced by Mark Montigny

Idaho law bans DEI offices, DEI-based trainings, and bias reporting in public higher education, replaces them with compliance duties, and imposes penalties; effective 07/01/2025.

Bill reported favorably by committee and referred to the committee on Senate Ways and Means
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Bill Summary · S 1198

Summary — S 1198 (Idaho) — "Freedom of Inquiry in Higher Education"

Status: Signed by Governor 04/04/2025; Session Law Chapter 317. Effective date: 07/01/2025. Introduced: 03/27/2025.

Purpose and legislative intent

S 1198 adds Section 67‑5909D to Idaho Code and is titled “Freedom of Inquiry in Higher Education.” The statute states the Legislature’s intent to protect freedom of inquiry and to eliminate programs and initiatives in public higher education that it characterizes as derived from “critical theory” or described as “diversity, equity, and inclusion” (DEI). The bill frames those programs as inimical to its stated educational goals and directs changes to how public institutions may operate DEI‑related functions.

Key provisions

  • New statute: Section 67‑5909D, Idaho Code ("Freedom of Inquiry in Higher Education").
  • Definitions: Provides detailed statutory definitions for terms including “DEI” (an expansive list of concepts and activities the law treats as DEI), “DEI office,” “DEI officer,” “diversity training,” and “bias reporting system.”
  • Prohibitions:
    • Prohibits establishment or operation of DEI offices and DEI officer positions at public institutions of higher education (with specified exclusions).
    • Prohibits DEI trainings, DEI‑based employee incentives, DEI‑based admissions or hiring practices (other than color‑blind/sex‑neutral processes required by law), and bias reporting systems that solicit or investigate protected student speech.
    • Prohibits requiring students to enroll in courses “designed and implemented with DEI principles” as a general graduation or degree requirement unless the student’s chosen course of study is itself based on those concepts.
  • Exemptions and permitted activities:
    • Offices whose sole mission is legal compliance (e.g., Title IX, ADA, Title VI, court orders) may be certified as exempt by the Attorney General.
    • Academic departments offering credit courses, registered student organizations, and certain attorney‑supervised compliance trainings are excluded from the DEI office/training bans.
    • Faculty engaged in teaching, research, creative work, or advising are not considered DEI officers by virtue of those activities; unpaid guest speakers are also excluded.
    • The law does not affect centers and scholarships for American Indian students (per fiscal note).
  • Reporting and accountability:
    • Institutions must provide annual reports to the Attorney General and the Legislature (detailed reporting requirements in the statute text).
    • The Attorney General is authorized to enforce the statute — including filing suit for injunctive relief and civil penalties.
    • The statute creates a private cause of action (details in statute text) allowing affected parties to seek relief.
  • Enforcement penalties (as amended): House amendment increases civil penalty thresholds. The Attorney General may seek civil penalties set at 10% (replacing an earlier 2% figure) and/or a minimum of $50,000 where applicable (text truncated in available copy — see statute for exact calculation and application).

Who/what is affected

  • All Idaho public institutions of higher education and their subdivisions/affiliated entities (administrators, staff, contractors).
  • DEI offices, DEI officers, administrative programs and personnel whose duties relate to DEI as statutorily defined.
  • Students and faculty insofar as institutional policies, required courses, bias reporting systems, trainings, and hiring/admissions practices are changed.
  • Exemptions preserve legally required compliance functions (Title IX, ADA, Title VI, court orders) and certain Native American student programs.

Fiscal and practical impact

  • Fiscal note (proponent‑prepared) projects potential long‑term savings from eliminating DEI administrative apparatus — estimated up to $3.8 million based on an earlier inventory of 51 positions. The statute may reduce ongoing operating costs where positions/programs are discontinued.
  • Institutions will have new reporting obligations and legal exposure to enforcement actions by the Attorney General and through private suits.

Procedural/timeline highlights

  • Introduced in Senate 03/27/2025; passed both chambers with amendments in early April 2025.
  • Governor signed 04/04/2025. The law takes effect 07/01/2025.
  • The full statutory text contains detailed definitions, enumerated exclusions, reporting rules, and enforcement mechanisms; parts of the official bill text provided were truncated — consult the enrolled chapter (Session Law Ch. 317) or Section 67‑5909D in Idaho Code for complete language.

Note: This summary focuses on the substantive changes reflected in the enacted Section 67‑5909D. Where the available text was truncated, readers should review the final enrolled legislation for precise operative language, calculations of penalties, and the complete list of exemptions and procedural requirements.

Compiled from official sources — confirm details with the bill’s official record.

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