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

Rating: +1

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

NOTE: The Senate Amendment to House Bill 41 is a complete rewrite of the bill, which significantly narrows its scope. The analysis has been updated extensively, but the rating has not changed.

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 (as amended in the Senate) 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 say, "No flags or banners that represent political, religious, or ideological views, including but not limited to political parties, race, gender, sexual orientation, or political ideologies, may be displayed on public school property such as classrooms, hallways, entryways, or sports fields."

The bill would then go on to provide a host of exceptions to the above prohibition.

1. "Official flags or banners representing the United States;
2. Official flags of any state in the United States;
3. Official flags of the United States military;
4. Official flags of Idaho Indian tribes;
5. Official flags of recognized foreign nations with which the United States is not engaged in hostile action;
6. Achievement flags or banners recognized by the Idaho state department of education;
7. Flags or banners representing official school mascots and colors;
8. Electronic displays within the school;
9. Personal items such as pins or shirts worn by students; and
10. Displays in the school parking lot."

The exception for "electronic displays within the school" is particularly troubling as it seems to provide an easy method for schools to bypass the spirit of this law. Under what conditions should an electronic display in a public school be used to promote "political, religious, or ideological views, including but not limited to political parties, race, gender, sexual orientation, or political ideologies"?

The bill provides relevant definitions and says, "The Idaho state department of education shall oversee the enforcement of this section. Schools found in violation of this section shall be required to remove unauthorized flags or banners."

The obvious question arising from this language is, or what? Would the staff or administrators of a public school face any substantive repercussions for ignoring this law?

It is reasonable and appropriate for the Legislature to prohibit advocacy for political and social agendas by government employees in the classroom, although the narrow scope of this bill and its many exceptions leave plenty of room for such advocacy to occur through methods not involving physical flags and banners.

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