BOISE, Idaho — Senate Bill 1362 (S1362) failed to pass the House Education Committee after the majority of testimony opposed it, leading to a long discussion over the specific language used in the legislation.
S1362 would ban third-party flags and banners from Idaho public schools; this includes - but is not limited to - sports teams, political organizations, and LGBTQ+ movements. The latter of which was the original inspiration behind the bill’s creation.
"We had a teacher flying the LGBTQ flag. It brought up a lot of decisiveness within my community, both for and against," bill sponsor Sen. Chris Trakel (R-Caldwell) said. "The school district already had this policy. Both the school board, the superintendent, the principals, and the staff were unaware of this. They did not know this policy existed. So, by codifying it in Idaho law, it stipulates that it is there for everyone to see."
The bill specifically outlines exemptions, including the United States flag, official state flags, and tribal flags. Rep. Steve Birch (D-Boise) pointed out, however, that the legislation has no enforcement mechanism. Local school districts would be free to enforce punishments as they see fit, Sen. Trakel clarified.
"Why are we writing a state law if, at the end of the day, it's going to be up to the schools how they want to handle this situation?" Rep. Birch said.
The bill further did not define the term "display." Lawmakers could not fully determine if this legislation would ban the history class curriculum that may show banners and flags.
"In US history, there are flags and banners that are worth unpacking with your students," Rep. Soñia R. Galaviz (D-Boise) said. "The banners that were used during the civil rights movement, during the Chicano movement, the Gadsden flag. When I'm teaching American history, I do have to display them."
Sen. Trakel clarified his intention with the term “display” is to include prominent placement that confirms an educator’s personal beliefs. He did not intend to hinder classroom instruction. The bill does not outline that clear distinction.
The committee would need a two-thirds vote to reopen S1362 for discussion.
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