Diversity, equity and inclusion (DEI) programs in Mississippi public schools are now at risk of being banned after the Mississippi Legislature passed House Bill 1193 on Wednesday, April 2. The bill, which is awaiting the signature of Gov. Tate Reeves, gives the state the power to withhold its funding from institutions found in violation of the law.
Jacob Batte, director of news and media relations, said the University of Mississippi is “aware of the bill” but that it “does not comment on pending legislation.”
The bill defines DEI as any effort to hire applicants, implement policies and procedures, admit students or provide differential treatment based on race, sex, color or national origin.
At the university level, the bill would require the Board of Trustees of State Institutions of Higher Learning — the governing body of Mississippi’s public higher education institutions — to adopt a formal complaint process and investigative procedures for potential violations.
The bill reads that any student, faculty, employee, staff member or contractor of an institution as well as any parent, guardian or next friend of a minor student who believes there has been a violation must file a formal complaint with the IHL within 30 days of the alleged violation.
The IHL would then have 30 days to investigate the complaint and issue a finding. If a violation is found, the institution has 25 days to correct the issue. The IHL would then issue a formal finding detailing the violation and the institution’s corrective response. The bill gives anyone who disagrees with that finding a pathway to appeal and sue in a chancery court.
If the institution does not comply with the stipulations of the bill, the state has the power to withhold its funding. Funds will be reinstated only when the institution is in full compliance. Full compliance would be certified by the appropriate governing authority and affirmed by the state attorney general or appropriate court.
Under this bill, all institutions are required to submit an annual report to their governing board on July 30 of each year that summarizes all incidents and investigations. The governing board is then required to submit a report to the state legislature by Oct. 30 of each year.
The legislation also prohibits the use of diversity statements and training in admissions and hiring processes in higher education.
The bill defined diversity statements as any written essay regarding an individual’s views relating to race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin. It defined diversity training as any program that focuses on increasing awareness and understanding of those same points.
There have also been efforts at the federal level to ban DEI initiatives and programs. The U.S. Department of Education issued a letter on Feb. 14, which threatened to withhold federal funding from educational institutions that are found in non-compliance with federal anti-discrimination laws.
The university took steps to remain in compliance with the letter’s directive, according to Batte.
“We have reviewed the ‘Dear Colleague’ letter, and the U.S. Department of Education’s recently released Frequently Asked Questions,” Batte said in an email statement to The Daily Mississippian on March 5. “The FAQs helped clarify the scope of the Dear Colleague Letter. We have taken steps to align the university’s strategic initiatives and will continue to review our programs and make adjustments if necessary.
HB 1193 would take effect immediately after being signed by the governor.
