Idaho’s universities are looking at exemptions to a new anti-DEI law, passed just last month.

The exemptions would cover summer courses that are already underway — and overlap with the law’s July 1 effective date. And the universities probably won’t seek a lot of leeway. “It’s not a deluge,” Idaho State University Provost Adam Bradford said in an interview Tuesday.

But the exemption process illustrates the larger confusion around the new state law, a sweeping attempt to squelch diversity, equity and inclusion programs on Idaho campuses.

“We want to acknowledge the uncertainty this law is creating across campus,” Boise State University administrators wrote in a memo to staff late Monday. “Please know that many people across the university are working diligently to understand the full implications of this legislation and to support our campus community through this evolving situation.”

The new law, Senate Bill 1198, prohibits preferential hiring and college admissions, while also banning DEI offices and officers and diversity training. As for academics, colleges and universities can no longer require students to take a “DEI-related course” in order to receive a degree or certificate.

On Friday, the State Board of Education sent a memo to colleges and universities — focused largely on the summer semester. The State Board said it can offer exemptions for DEI-related classes if a college or university has no alternative course that would satisfy the degree requirement in question.

Colleges and universities have until June 6 to apply for summer course exemptions.

Boise State “intends to seek exemptions for specific programs,” according to Monday’s memo, co-signed by Provost John Buckwalter, deputy general counsel Nikki Pantera and Faculty Senate President Laurie Cavey.

The Boise State memo did not say how many exemptions the university might seek, but the process will not be a one-off. “Once the summer program review is complete, the university will begin to work on reviewing fall programs and courses.”

At the University of Idaho, “selected summer courses and degree requirements are under review,” Provost Torrey Lawrence wrote in an email to students taking summer classes.

The U of I is taking a “thorough but quick” look through its catalog, said spokeswoman Jodi Walker, and she doesn’t expect the university to seek many exemptions. Most classes with a DEI component can be replaced by alternative courses that already exist, she said.

Some faculty members are confused about the new law, Walker said.

“There are a lot of questions. The State Board guidance helps a lot,” she said. “They know this will get sorted out … (but) the timeline is definitely short.”

At Idaho State, the mood is evolving. Professors are no longer worried that SB 1198 will require them to cut off any conversation that drifts towards DEI, Bradford said.

“That was the level of consternation at one point,” he said. “Right or wrong, (SB 1198) raised those concerns.”

Friday’s State Board memo specifically addresses classroom discussions. “(SB 1198) does not ban the use of specific words in the classroom, even those listed in the definition of ‘DEI.’”

But Idaho State students have a different set of concerns, Bradford said. They’re worried that SB 1198 will shut down their classes and their majors. “We’re trying to calm the fears that have been expressed.”

The exemption process is designed to identify — and, ultimately, protect — required DEI-related classes that can’t be replaced with some other coursework. But after reading the State Board’s memo, SB 1198’s co-sponsor said she wasn’t sure why the universities would need to seek new exemptions.

“I still don’t understand what the issue is,” Rep. Judy Boyle, R-Midvale, said in an interview Monday.

A section of the law allows exemptions. While this section is the linchpin of the State Board’s memo — and the exemption process — Boyle said the law was tightly written to grant limited exemptions for racial, ethnic or gender studies.

Boyle also said instructors still have some latitude to address DEI themes.

“They can talk about it,” Boyle said. “They just can’t have it as a major part of their course.”

But classes beyond DEI-based majors can address elements of DEI. For example, Bradford said, a health sciences class could focus on demographics — and how they affect a patient’s health. That’s why Idaho State is looking at all of its catalog, across all disciplines, to identify courses that might contain a DEI component.

“(And) we have literally hundreds of programs,” Bradford said.