JFAC orders audit of university compliance with state DEI rules and approves transparency language for ICOM talks

The Joint Finance-Appropriations Committee voted to add two pieces of policy language tied to higher-education appropriations: a legislative audit on diversity, equity and inclusion spending and a transparency requirement for negotiations connected to the University of Phoenix negotiations (referred to in committee as “ICOM” negotiations).

Audit of DEI compliance Representative Price moved language requiring the Legislative Audits Division to audit Boise State University, Idaho State University, Lewis–Clark State College and the University of Idaho for compliance with Idaho code relating to diversity, equity and inclusion. The motion directed the audits to be completed and reported to JFAC by Dec. 1, 2025. Committee discussion noted previous audit work by the universities and disagreement in committee about the value and scope of the audits.

Senator Wintrow spoke against the broader policy framing and cautioned about removing support services for marginalized students while acknowledging that audits could confirm that appropriated funds were not used for DEI purposes. “They followed the law,” she said of the universities’ prior submissions; she added that community members and students had strong and varying reactions to university program changes.

The committee approved the DEI-audit language. Roll-call summary recorded a combined committee vote of 17 ayes, 3 nays.

Transparency and nondisclosure language for ICOM negotiations Committee analysts presented language titled “transparency and legislative oversight of ICOM negotiations.” The language: assigns lead-agency negotiation status to Idaho State University for any negotiations; requires the State Board of Education or Idaho State University to provide information on request to the Legislative Services Office; and prohibits state officers or board employees from entering nondisclosure agreements related to ICOM negotiations or potential negotiations. The language also established reporting requirements for the Idaho Water Resources Research Institute (IW RRI) and included a path for input on a transition to outcomes-based funding in higher education.

That language was approved on a voice/roll call with unanimous committee support at the time of the vote (recorded as 20 ayes, 0 nays across both delegations at the meeting).

Speakers - Kevin Campbell, budget and policy analyst, Legislative Services Office (presented the ICOM and IW RRI language) - Representative Price (mover of DEI-audit motion) - Senator Zetterfeld (participated in discussion; noted universities’ prior audit submissions) - Senator Wintrow (opposed parts of the DEI approach; urged care for students and stakeholders)

Discussion vs. decision - Discussion: committee members debated whether universities had already complied with appropriations restrictions and whether audits and transparency language were necessary or duplicative. - Direction: the committee required reporting and restricted nondisclosure agreements for the specific negotiation topic. - Formal action: committee approved both the transparency/oversight language and the DEI-audit language; DEI audit directive to report back by Dec. 1, 2025.

Clarifying details - The DEI audit motion names four institutions: Boise State University, Idaho State University, Lewis-Clark State College, and the University of Idaho; the audits are to be conducted by the Legislative Audits Division and reported to JFAC by Dec. 1, 2025. - The ICOM transparency language assigns lead negotiation status to Idaho State University and prohibits related nondisclosure agreements for state employees/board members.

Searchable tags: DEI, audit, higher education, transparency, ICOM, University of Phoenix