Beginning July 1, 2025, Idaho Code § 67-5909D, also known as the “Freedom of Inquiry in Higher Education” law (referred to as Section 5909D), places restrictions on certain diversity, equity, and inclusion (DEI) activities at Idaho colleges and universities. Based on this law, the University may not require a “DEI-Related Course” unless the course is part of an exempt program approved by the State Board of Education. Section 5909D also affirms a commitment to free speech and First Amendment protections, such as protections for academic freedom, including the free discussion of ideas in the classroom, as well as faculty and student research, creative works, student organization activities, and engagement of guest speakers and performers. The University has thoughtfully and diligently worked since the passage of the Law to achieve compliance with Section 5909D’s course and curriculum provisions.
Following enactment of Section 5909D, the Office of the State Board of Education issued additional guidance for state higher education institutions to utilize in determining whether a course is a required “DEI-Related Course,” available here, and whether to submit a program for exemption. A course is considered a DEI-related course if, in accordance with the guidance, the course is derived from or promotes critical theory or DEI as described by Section 5909D.
- A course is “derived from” critical theory or DEI when, examining the course as a whole, the primary focus of the course or the primary pedagogical method is derived from critical theory (e.g., 90% of the course material is focused on critical theory or specifically listed concepts).
- A course “promotes” critical theory or DEI when the instructor actively encourages students to personally affirm, adopt, or adhere to the identified concepts. A course or faculty member or student will not be considered to be “promoting” these concepts merely by engaging in free discussion, speech, or scholarship surrounding a topic.
- DEI is defined as any trainings, programs, activities, or instruction that is derived from or that promotes the tenets or concepts of critical theory, including but not limited to unconscious or implicit bias, microaggressions, internalized racism, cultural appropriation, structural equity, settler colonialism, group marginalization, systemic oppression, social justice, institutional or systemic racism, white fragility, racial privilege, disparate impact, intersectionality, sexual privilege, patriarchy, gender theory, queer theory, neopronouns, transgender ideology, misgendering, othering, deadnaming, heteronormativity, allyship, or any other related formulation of these tenets or concepts.
- Critical theory is understood to be a philosophy under the Western European Marxist tradition known as the Frankfurt School, and the specifically listed concepts in the legislative definition of DEI.
Any course meeting the definition of a DEI-Related Course, above, may not be required by the University in order to complete any academic program, including general education, majors, minors, or certificate requirements, unless the program for which it is required has received OSBE approval to operate as an exempt program. A DEI-Related Course may be required to complete a program if that program has been approved for exemption. A course is not “required” if it is elective, one of multiple options to satisfy a requirement, or if substitutions are available. The law does not ban the use of specific words in the classroom, even those listed in the definition of “DEI.” Section 67-5909D affirms protections for academic freedom, including the free discussion of ideas in the classroom, as well as faculty and student research, creative works, student organization activities, and engagement of guest speakers and performers. Accordingly, the law does not prohibit faculty from teaching DEI-related topics in some circumstances and does not prohibit teaching topics that are not DEI as defined in the Law. In addition, the law does not restrict Boise State faculty from teaching courses that may include some content that may be perceived as DEI if the course is not a required DEI-related course.
Postsecondary students enter into a voluntary higher educational experience. Students have the right, and corresponding responsibility, to engage in their learning and select the courses and programs most suitable to achieve individual academic goals. Students have the option to enroll in a wide variety of courses, including DEI-Related Courses that are not required or DEI-Related Courses required as part of an exempt program the student wishes to complete. When choosing courses or programs, students are responsible for reviewing course descriptions, syllabi, and degree requirements to make informed decisions based on their academic and professional goals. All Boise State courses aim to support open inquiry, intellectual honesty, and respectful engagement with a range of perspectives, all of which are consistent with student rights and responsibilities described in the Student Code of Conduct (Policy 2020). Students and faculty are expected to comply with applicable policies of Boise State at all times, including the Student Code of Conduct, the Policy 4000 Faculty Code of Rights, Responsibilities, and Conduct, and Policy 3240 Maintaining Effective Learning Environments.
As outlined in the Student Code of Conduct:
“Faculty members and students must be free from disruption by students or others who may be in disagreement with the manner in which the faculty member discharges their responsibilities. When taking a class, students have a reasonable expectation to:
- Be informed in reasonable detail at the beginning of each term concerning the nature of the course, the course expectations, the evaluative standards, and the grading system that will be used. Students are responsible for becoming familiar with these details and for asking the faculty member for clarification if they do not understand what the course requires.
- Take reasonable and respectful exception to the data or views offered in class and to reserve judgment about matters of opinion without fear of penalty. Students have a responsibility not to disrupt class when expressing their views or in reacting to the views of others.
- Be protected against improper disclosure of information concerning their grades, views, beliefs, political associations, or personal characteristics that faculty members acquire in the course of their professional relationship with students. Students have the responsibility to not improperly disclose such information about their fellow students.
Information about General Education (University Foundations 200)
One common question many University community members have asked is “Can and will the University continue to require its University Foundations?” The short answer is yes.
Idaho Code § 67-5909D prohibits the university from requiring a “DEI-Related Course” as part of any degree program. After evaluation, the University has determined that most, if not all, UF200 courses do not meet the definition of “DEI-Related Course” within Idaho Code Section 67-5909D. In addition, there are many courses to choose from in order to satisfy this requirement. Because many UF200 courses are available to choose from that are not DEI-Related Courses, the University can and does still require UF200 to satisfy general education requirements. However, in order to provide more flexibility to faculty and to enable students to better understand their choices, several changes have been made to the course(s) that has been called “University Foundations 200” for fall 2025 and beyond. First, the General Education Committee (the faculty committee that makes decisions about general education requirements at Boise State) voted to suspend the diversity University Learning Outcome, pending full evaluation through the curriculum process. For fall, UF200 is now called “Foundations of Ethics in Society”. Starting in Spring 2026, Foundations of Ethics in Society will become a course category, rather than a single course. Boise State will offer multiple 200-level UF courses (UF201, 202, etc) with robust course descriptions to help students choose among many topics. As before, students will be required to complete one 200-level UF course to fulfill their general education requirements.
The 200-level UF course is organized around the following three things.
- the “ethics’ University Learning Outcome: Students will learn to analyze ethical issues in personal, professional, and civic life and produce reasoned evaluations of competing value systems and ethical claims.
- The development of skills to be able to engage in civil dialogue
- The application of course elements to experiences beyond the classroom
Each 200-level UF course focuses on a social issue (or a set of connected issues) or a compelling question of social importance. For example, a section may focus on the impact of artificial intelligence, on issues related to refugees, human rights, how food is distributed and accessed, or how stories play a role in our lives. Social and ethical issues involve people. As such, instructors may choose to include some readings or discussions that touch on concepts connected to diverse experiences and questions about inclusion or equity. Importantly, the course does not teach students what to think about a particular social issue. Rather, the course is designed to explore the ethical questions connected to the issue and the different ethical frameworks that can be used to think about the issue. The course supports students to draw their own determinations. The University Foundations program has used guidance from the Idaho State Board of Education to inform the revisions of the course options available to students. Each student gets to choose the topic they would like to explore in the 200-level UF course.
Exempt Programs
As of August 2025, the following programs have been approved for exemption by the State Board of Education, in accordance with the OSBE Memorandum: Critical Theory (Minor), Gender Studies (Minor), Bachelor of Social Work (BSW and BSW Online), Master of Social Work (MSW, MSW Online, MSW Advanced Standing), Ethnic Studies (BS and Minor), Mexican American Studies (Minor), Counseling (MA), Counselor Education and Supervision (PhD). Additional exemption submissions are under review and may be submitted for future term(s). These programs may contain required DEI-Related Courses. No individual is required to enroll in any of these programs, but students who choose these programs may be required to complete one or more DEI-Related Courses.
Further Information
Please refer to the OSBE Memorandum and Idaho Code Section 67-5909D for further information. If you have any questions or concerns thereafter, please submit questions and concerns here.