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Update on legislation

The following email was sent to all staff and faculty on May 5, 2025.

Dear Colleagues,

In early April, the Idaho State Legislature passed and the governor signed Senate Bill 1198 into law, which contains provisions regarding certain “diversity, equity and inclusion” activities at higher education institutions. Effective July 1, 2025, SB 1198 will impact some university programs, courses and activities. The Office of General Counsel and the Office of the Provost are working with faculty representatives and other internal stakeholders, as well as the Office of the State Board of Education and other state institutions to better understand the implications of the new law. 

The University remains committed to supporting students, faculty, and staff in the important work we do. University and State Board policies directly affirm academic freedom of faculty and students, and the right of free inquiry and discussion in classrooms. The Bill itself also contains provisions protecting academic freedom, research and creative works. The University affirms its commitment to free expression and academic freedom under rules, policies and laws consistent with the Constitution of the United States. The University intends to interpret and implement SB 1198 with this affirmation and commitment in mind. 

As State Board Policy III.B. states, “Membership in the academic community imposes on administrators, faculty members, other institutional employees, and students an obligation to respect the dignity of others, to acknowledge the right of others to express differing opinions, and to foster and defend intellectual honesty, freedom of inquiry and instruction, and free expression on and off the campus of an institution.” 

“Faculty must be free to investigate, research, discuss, publish and teach within their academic expertise and on topics relevant to course curricula without interference from institutional administrators, elected officials, governing boards, or other entities.” Institutions should introduce campus communities to diverse viewpoints “including inviting speakers, sponsoring symposiums and lectures, or presenting other opportunities to hear differing perspectives and ideas.” 

Our goal is to serve and support our students, faculty and staff while complying with all applicable federal and state laws, including nondiscrimination laws. The University intends to work with campus stakeholders as we work to implement this legislation. While we are not able to provide legal guidance and a full analysis at this time, we are confident there are many paths forward for all University programs.

We will communicate and provide guidance as we complete our collective analysis of this law and how it may affect your work. We appreciate your patience and willingness to engage with us as we work together to review selected programs, courses and activities that could be impacted. 

Guidance will be forthcoming, but for immediate questions or concerns, please contact generalcounsel@boisestate.edu.

Dr. Marlene Tromp
President

Dr. John Buckwalter
Provost

Matt Wilde
General Counsel

Nikki Pantera
Deputy General Counsel