TITLE 33

EDUCATION

CHAPTER 1

STATE BOARD OF EDUCATION

33-143.  DISPLAY OF FLAGS AND BANNERS ON PUBLIC SCHOOL PROPERTY. (1) The purpose of this section is to ensure that flags and banners displayed on public school property do not promote political, religious, or ideological viewpoints in order to maintain a neutral and inclusive environment for all students.

(2)  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.

(3)  The provisions of subsection (2) of this section shall not apply to:

(a)  Official flags or banners representing the United States;

(b)  Official flags of any state in the United States;

(c)  Official flags of the United States military;

(d)  Official flags of Idaho Indian tribes;

(e)  Official flags of recognized foreign nations with which the United States is not engaged in hostile action;

(f)  Achievement flags or banners recognized by the Idaho state department of education;

(g)  Flags or banners representing official school mascots and colors;

(h)  Electronic displays within the school;

(i)  Personal items such as pins or shirts worn by students; and

(j)  Displays in the school parking lot.

(4)  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.

(5)  As used in this section:

(a)  "Banner" means 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.

(b)  "Display" means to keep a flag or banner visible on school property beyond a brief curriculum-based educational purpose.

(c)  "Flag" means a piece of fabric or similar material, typically rectangular or square, attached to a pole or staff and used as a symbol, emblem, or representation of a country, state, tribe, institution, or any political, religious, or ideological expression.

History:

[33-143, added 2025, ch. 99, sec. 1, p. 541.]