The bill passed the Senate by a vote of 31 to 4. House education committee members were concerned about the nuances of the bill's language.
BOISE, ID — Senate Bill 1362 (S1362) failed to pass the House Education Committee after a majority of those testifying opposed it, leading to a lengthy debate over specific language used in the bill.
S1362 would ban third party flags and banners in public schools in Idaho. This includes, but is not limited to, sports teams, political organizations, and the LGBTQ+ movement. The latter was the initial inspiration behind the creation of this bill.
“There was a teacher who carried an LGBTQ flag. It evoked a lot of determination within my community, both for and against,” said bill sponsor Sen. Chris Trakel (R-Caldwell). “The school district already had this policy. The school board, the superintendent, the principal, the staff didn't know about it. They didn't know this policy existed. So they passed it into law in Idaho. By making the culture 'prescribed' it's there for everyone to see. ”
The bill specifically outlines exemptions for the U.S. flag, official state flags, tribal flags, and more. But Rep. Steve Birch (D-Boise) pointed out that the law lacks an enforcement mechanism. Sen. Trackel clarified that local school districts are free to enforce discipline if necessary.
“At the end of the day, it's up to schools to decide how to handle this situation, so why pass a state law?” Birch said.
Additionally, the bill does not define the term “display.” Lawmakers could not fully determine whether the bill would ban history class curricula that may display banners or flags.
“There are flags and banners in American history that are worth unpacking with your students,” said Rep. Sonia R. Galavis (D-Boise). “The Gadsden Flag was used during the Civil Rights Movement and the Chicano Movement. It must be displayed when teaching American history.”
Senator Trackel clarified that the term “display” is intended to include prominent placement that supports the educator's personal beliefs. He had no intention of interfering with classroom instruction. The bill does not make that clear distinction.
A two-thirds vote would be required for the Committee to reopen S1362 for discussion.
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