A new Texas law will ban Diversity Equity and Inclusion (DEI) offices, programs, and training from public universities in Texas that receive state dollars. DEI has been something that Republicans in Texas have been seeking to get rid of, viewing the idea as something that promotes discrimination, reverse racism, unfair admissions, and hiring practices to the detriment of others, and pushes woke liberal agendas. Earlier this year, a memo from Governor Abbott‘s office stated that all public universities and state agencies were to prohibit DEI offices.
Senate Bill 17 will prohibit public universities from hiring employees or admitting students based on race, sex, color, ethnicity, or any way that discriminates. Senate Bill 17 will make it illegal for a Texas public university to have a DEI office, employ or assign people for DEI purposes, or mandate a DEI statement from employees or students. The law also bans public universities in Texas to promote differential treatment based on race, sex, color, ethnicity, or any way that discriminates.
There can no longer be policies or procedures implemented in reference to race, sex, color, or ethnicity. Additionally, the law would prevent public universities from requiring training programs and activities in reference to race, sex, color, ethnicity, gender identity, and sexual orientation.
The law also mandates that the governing board of a public university have a policy for disciplining or terminating employees or contractors who engage in DEI practices. The exceptions to the law are policies, procedures, and training programs that are allowed by state and federal law, the Texas Higher Education Coordinating Board, and an institution’s general counsel.
Texas’ public universities will be audited to see if they are in compliance with this law. Universities cannot use state money until they submit to the Texas Legislature and Texas Higher Education Coordinating Board their compliance with the law.
A representative of the university must give testimony before the Texas Legislature if they are complying with this law.
Supporters of DEI say that it assists those who have been historically underrepresented and allows the acceptance of a range of demographics in an institution. It allows minorities to feel welcomed and involved and keeps them retained at a public university. Additionally, the view of DEI offices and programs is to assist those hindered from an opportunity more than other demographics.
Furthermore, opponents of this law say it will prevent students from understanding the diverse backgrounds of others and could hinder universities’ ability to recruit and retain students of diverse backgrounds. Additionally, some universities are worried they could lose certain grants.
That being said, the practice of DEI on a public campus in Texas is prohibited. This does not apply when a university or an employee of a university applies for grants or complies with the terms of accreditation that highlight a university’s work in supporting first-generation college students, low-income students, underserved student populations, or certificates of compliance with state and federal anti-discrimination laws.
The law furthermore does not apply to academic course instructions, research or work by an institution’s faculty or students, the activity of a student organization, guest speakers or performers, or ways to enhance student academic achievements or postgraduate success.
Any university found in violation must correct it within 180 days. SB 17 states, “if the institution fails to cure the violation during the period, [the university] is ineligible to receive formula funding increases, institutional enhancements, or exceptional items during the state fiscal biennium immediately following the state fiscal biennium in which the determination is made.” according to the bill
Students and employees of universities who are required to partake in a DEI policy or training can sue the university.
The Texas Higher Education Coordinating Board will conduct a study to determine the impact of this law on student enrollment, retention, grade point average, and graduation rates.