School employees cannot display flags or banners that show opinions, emotions, beliefs or thoughts about politics, economics, society, faith or religion, the Idaho Department of Education told K-12 officials Thursday.
The interpretation comes days before House Bill 41 goes into effect, weeks after schools let out for the summer and on the heels of a long controversy over “Everyone is Welcome Here” signs posted in a West Ada School District teacher’s room.
District administrators said the signs — including one displaying open hands of different skin tones — violated West Ada’s district policy. Teacher Sarah Inama refused to remove the sign, and in March, her story attracted national media coverage. Gov. Brad Little signed HB 41 on March 28. The law goes into effect Tuesday.
The new law might not clarify what teachers can display.
What the state considers politics, society, faith, economics or religion isn’t spelled out in the guidance, which was informed by an Idaho’s attorney general’s office opinion, according to records and emails obtained by Idaho EdNews.
Some terms, such as display, are more clearly defined. An item is considered displayed if it is visible on school property, beyond a brief curriculum-based educational purpose, the guidance says. But “brief” is undefined.
Read the full Idaho Department of Education guidance here.
Exceptions
The law lists a host of exceptions, covering flags or banners that represent the United States, states, the military and Idaho Indian tribes. Displays of official school mascots and colors are also exempt.
Also exempt are personal items, like pins or shirts worn by students and electronic displays within the school.
Other countries’ flags are allowed, if that country is not engaged in hostile action with the United States. Hostile nations currently include China, Cuba, Iran, North Korea, Russia, Venezuela and Syria. The list is subject to change, IDE’s guidance notes.
Children’s artwork is considered a banner. However, the law provides an exception for artwork that would otherwise contain prohibited content, if it’s displayed for a “brief curriculum-based educational purpose,” the attorney general’s office said.
What is a banner?
While HB 41 leaves much undefined, it describes a banner as “a long, rectangular or square piece of fabric, paper or other material, often displayed in a vertical or horizontal manner, used to convey a message, symbol, emblem, or representation of an institution or a political, religious, or ideological expression, or used to announce or celebrate an event or achievement.”
Under the law, posters are considered banners.
Enforcement
The bill tasked the IDE with enforcing the new law, so the department created a complaint form. Patrons are asked whether they’ve read the law on the subject and if they’ve utilized their district or charter’s grievance process.
The patron then is asked to describe the location of the display, its size, how long it has been on display, and whether it depicts opinion, emotions, beliefs or thoughts.
Patrons are then asked to check a box describing the content, using the following options:
- Politics.
- Society.
- Religion.
- Economics.
- Faith.
The patron then is asked if the display serves a curriculum-based educational purpose. IDE did not outline penalties for districts it finds to have violated the law but did say the department would work to “ensure understanding of and compliance with the law.”
View the complaint form here.
