12 SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 33-138, Idaho Code, and to read as follows:
15 33-138. DIGNITY AND NONDISCRIMINATION IN PUBLIC EDUCATION.(1)It is
16 the intent of the legislature that administrators, faculty members, other
17 employees, and students at public schools, including public charter schools
18 and institutions of higher education, respect the dignity of others, ac-
19 knowledge the right of others to express differing opinions, and foster and
20 defend intellectual honesty, freedom of inquiry and instruction, and free-
21 dom of speech and association.
22 (2) The Idaho legislature finds that tenets outlined in subsection
23 (3)(a) of this section, often found in "critical race theory," undermine the
24 objectives outlined in subsection (1) of this section and exacerbate and
25 inflame divisions on the basis of sex, race, ethnicity, religion, color, na-
26 tional origin, or other criteria in ways contrary to the unity of the nation
27 and the well-being of the state of Idaho and its citizens.
28 (3) In accordance with section 6, article IX of the constitution of the
29 state of Idaho and section 67-5909, Idaho Code:
30 (a) No public institution of higher education, school district, or pub-
31 lic school, including a public charter school, shall direct or other-
32 wise compel students to personally affirm, adopt, or adhere to any of
33 the following tenets:
34 (i) That any sex, race, ethnicity, religion, color, or national
35 origin is inherently superior or inferior;
36 (ii) That individuals should be adversely treated on the basis of
37 their sex, race, ethnicity, religion, color, or national origin;
38 or
39 (iii) That individuals, by virtue of sex, race, ethnicity, reli-
40 gion, color, or national origin, are inherently responsible for
41 actions committed in the past by other members of the same sex,
42 race, ethnicity, religion, color, or national origin.
01 (b) No distinction or classification of students shall be made on ac-
02 count of race or color.
03 (c) No course of instruction or unit of study directing or otherwise
04 compelling students to personally affirm, adopt, or adhere to any of the
05 tenets identified in paragraph (a) of this subsection shall be used or
06 introduced in any institution of higher education, any school district,
07 or any public school, including a public charter school.
08 (4) Nothing in this section should be construed to prohibit the re-
09 quired collection or reporting of demographic data by public schools or
10 public institutions of higher education.