Bill Description: House Bill 41 would specify what flags may be displayed in an Idaho public school.

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NOTE: House Bill 41 is similar to House Bill 10, introduced earlier this session, and Senate Bill 1362, introduced in the 2024 legislative session.

Does it expand the government's bureaucratic monopoly on education, reduce family and student choice, or finance education based on an institution or system? Conversely, does it reduce government coercion in education, expand education choice, or finance education based on the student rather than the institution?

Flags can represent many things, including political and social causes. In recent years, some school teachers and other personnel have used flags associated with various identity groups to push their own political and social agendas.

House Bill 41 would address this issue by creating Section 33-143, Idaho Code, titled "Display of Flags and Banners on Public School Property." 

This code section would clarify what flags or banners a "public elementary school or public secondary school in the state of Idaho" could display.

The following flags or banners would be allowed: 

• The United States flag pursuant to section 33-1602, Idaho Code;
• The official flag of the state of Idaho, or any county, municipality, public university or community college, school district, special district, or any other political subdivision or governmental instrumentality of or within the state;
• Official flags of any state in the United States; 
• Official flags of recognized foreign nations with which the United States is not engaged in hostile action; 
• Official school flags; 
• Official flags of any of the military branches and units of the United States; 
• Official flags of Indian tribes; 
• Flags or banners recognized by the Idaho department of education that are awarded for achievements; or 
• Flags or banners representing official school mascots and colors.

There are two differences between House Bill 10 and House Bill 41. The first difference is House Bill 41 adds "pursuant to section 33-1602, Idaho Code," which requires that the United States flag be "displayed in every classroom during the school hours of each school day." This section also calls for "instruction in the proper use, display and history of and respect for the American flag."

The second difference is House Bill 41 adds the stipulation that "official flags of recognized foreign nations" can only be displayed if they are nations "with which the United States is not engaged in hostile action."

Additionally, the bill says, "No flags or banners shall be displayed by a public elementary school or public secondary school that represent a political viewpoint, including but not limited to flags or banners regarding a political party, race, sexual orientation, gender, or a political ideology."

It is reasonable and appropriate for the Legislature to prohibit advocacy for political and social agendas by government employees in the classroom, although flags and banners are just one of many ways (not addressed in this bill) such advocacy can occur. 

It is worth noting that this bill does not contain any enforcement mechanism, which makes it unclear if a defiant public school would face any substantive repercussions for ignoring these prohibitions.

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