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Texas public universities’ diversity, equity and inclusion offices likely have six months left before they’re banished.
State lawmakers came to an agreement Saturday on legislation that would ban DEI offices, programs and training at publicly funded universities, largely adopting the version that the Texas House approved a week ago, with some minor changes.
Notably, the conference committee of lawmakers appointed to hash out the differences between the two chambers’ versions of the bill removed the House provision that would ensure universities reassign DEI office employees to new positions with similar pay.
Both chambers must concur on the final draft of Senate Bill 17 before it heads to Gov. Greg Abbott. If he signs the bill or allows it to become law without his signature, it will make Texas the second state in the country, after Florida, to ban such initiatives in public higher education.
The final legislation says universities cannot create diversity offices, hire employees to conduct DEI work, or require any DEI training as a condition for being hired by or admitted to the university. All hiring practices must be “color-blind and sex-neutral.” The bill would also prohibit universities from asking job candidates to provide written answers about how they consider diversity in their work or sharing how they would work with diverse populations, commonly known as diversity statements. Critics have equated diversity statements with ideological oaths, while supporters say they help ensure job candidates are prepared to support students from all backgrounds.
The legislation says university governing boards must adopt policies to discipline employees who violate these rules. Under the final version of the draft, university leaders cannot spend state money until they have declared to the state they are in line with the new law.
The final draft also states that the Texas Higher Education Coordinating Board, which oversees state higher education policies, must conduct a study every two years through 2029 that documents how this legislation has affected enrollment, retention and graduation of students broken out by race, sex and ethnicity.
The legislation would not affect course instruction, faculty research, student organizations, guest speakers, data collection or admissions.
DEI offices have become a mainstay on college and university campuses across the country for years as schools try to boost faculty diversity and help students from all backgrounds succeed.
These offices often coordinate mentorships, tutoring and programs to boost people from underrepresented groups in fields like science and engineering. They help departments cast a wide net when searching for job candidates and ensure that universities don’t violate federal discrimination laws.
Critics accuse DEI programs of pushing what they characterize as left-wing ideology onto students and faculty and say that these programs prioritize social justice over merit and achievement.
Faculty have repeatedly warned lawmakers throughout the legislative session that if the bill passes, it might put state universities at risk of losing federal and private grants because they often require applicants to show how they are considering diversity and equity in their work.
The House added language that if a federal granting agency or accreditation agency requires DEI programs, a Texas university or employee can submit a statement that highlights the school’s work helping first-generation college students, low-income students or underserved student populations.
Faculty and students from across the state have largely opposed the legislation since it was proposed, while university leaders have mostly been quiet about how the legislation might impact their schools.
Earlier this week, the conference committee report for the state budget stated that universities would receive $700 million in additional funding if the state passed Senate Bill 17 and Senate Bill 18, which will determine the future of faculty tenure in Texas. A conference committee has not yet announced if there is a final decision on that bill.
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