The task force reignites the debate about DEI on college campuses

A legislative task force took its first look Wednesday at higher education’s diversity, equity and inclusion programs — resuming a discussion that will likely impact the 2025 session.

DEI is already a long-running issue at the Statehouse. Colleges and universities are prohibited from using taxpayer dollars for DEI programs — language that has been part of higher education budgets for two years — and a 2024 law bans written diversity statements in college hiring or admissions. The eight-member task force did not discuss specific draft legislation during its 90-minute opening session.

But that could come later.

Legislative leadership has given the House and Senate group the green light to work on “potential” legislation, co-chair Sen. Todd Lakey, R-Nampa, reminded the task force Wednesday.

What the legislation might look like — and what the task force might agree on — is harder to obstruct.

Hardliner conservatives have the majority in the committee. On Wednesday, several conservatives said they were concerned about regional accrediting bodies incorporating DEI principles into the standards they use to evaluate colleges and universities in Idaho.

Rep. Barbara Ehardt, R-Idaho Falls, reiterated her concerns about DEI programs on campus. DEI, she said, could be used as a “reverse weapon” that discriminates against some students.

Sen. Melissa Wintrow of Boise, the lone Democrat on the task force, said the group needs to start with a clear understanding of what justice really means. Without it, she said, lawmakers could simply launch a series of “word searches” to weed out programs and courses that sound offensive.

“I feel like we’re on the verge of censorship,” said Wintrow, who has worked in higher education for more than 30 years.

The next meeting of the task force will take place on December 2nd.

What the task force learned on Wednesday

Lawmakers spent much of Wednesday morning getting an overview of DEI’s presence on Idaho campuses — and the context of the national debate.

Here’s an overview of what researchers from the Legislative Services Office presented Wednesday.

DEI-related courses – and graduation requirements. This discussion focused on a required undergraduate course at Boise State University: “University Foundations 200: Fundamentals of Ethics and Diversity.”

All students are required to complete a UF 200 course – but this year they can choose from a menu of 58 different courses. The options cover a wide range of topics, from social inequality to borders and migration to graphic novels.

The UF 200 course has long been on lawmakers’ radar. Boise State suspended UF 200 in 2021 after an unnamed lawmaker reported he heard students were being harassed in class because of their faith. An independent investigation found no evidence of wrongdoing.

Still, UF 200 remains a sore point for parents and some students, said task force co-chair Judy Boyle, R-Midvale. “That’s the (class) I hear a lot of complaints about.”

But after Wednesday’s meeting, State Board of Education Executive Director Joshua Whitworth told reporters that the Boise State program was unfairly singled out.

All four four-year schools submitted reports to legislative staff outlining their DEI-related courses. No other schools have identified a single course required for all students, but all have identified various course offerings that fall under a DEI rubric. At the University of Idaho, for example, students must complete a course to fulfill the American Diversity graduation requirement.

Diversity statements when hiring. Senate Bill 1274, which bans required diversity statements in campus hiring, went into effect July 1.

Legislative researchers looked at recent college job postings — including some posted before July 1 — and found few positions that might require a diversity statement:

• Boise State: 13 posts reviewed. One had a potential diversity statement requirement.
• U of I: 17 posts reviewed. Seven had a potential diversity statement requirement.
• IDaho State University: 15 posts reviewed. Two of these had a potential diversity statement requirement.
• Lewis Clark State College: 27 posts reviewed. None required a diversity statement.

Legislative staffers looked again at senior college job postings on Tuesday and found none that required a diversity statement, Casey Hartwig, principal research analyst at LSO, told lawmakers.

The DEI debate at the national level. Since 2020, the debate over campus social justice programs has spread to all state capitals.

Seventeen states, including Idaho, have passed laws restricting DEI. But 10 states have passed bills supporting DEI.

Executive orders were also divided. Five governors have taken action to restrict DEI, while nine governors have issued executive orders defending DEI. Idaho Governor Brad Little has not issued any orders on the issue.

Not surprisingly, the legislation and executive orders cross partisan lines. Republican-led states have tried to curb DEI programs while Democratic-led states have tried to protect them, Hartwig said.