Florida’s anti-DEI law takes effect
Florida’s Senate Bill 266, a wide-ranging piece of legislation that restricts efforts to improve diversity, equity, and inclusion in higher education, took effect on Saturday, but it will be some time before we really know what the impact is. I wrote a piece last week in which state officials acknowledged that rules and regulations to interpret the law are forthcoming, but they declined to provide a time frame. In the meantime, administrators at public institutions have told faculty and staff little or nothing about how their jobs might be affected, leaving some wondering whether their positions could be eliminated. Here are some key takeaways from my story:
What’s in the law
The law prohibits Florida’s public colleges from spending state or federal funds “to promote, support, or maintain any programs or campus activities that … advocate for diversity, equity, and inclusion, or promote or engage in political or social activism as defined by the rules of the State Board of Education and regulations of the Board of Governors.” But exactly which programs or activities would be prohibited remains to be seen.
In addition to the prohibition on spending federal and state money on DEI, the law bans the use of diversity statements in admissions, hiring, and promotion, and it states that general-education courses “may not distort significant historical events or include a curriculum that teaches identity politics … or is based on theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United states and were created to maintain social, political, and economic inequities,” among other provisions. The law also requires tenured professors to be evaluated every five years, enshrining a review process that was added by the state this spring.
Exceptions
The law spells out several exceptions to the ban on DEI spending, including for compliance with federal laws and for accreditation, with approval from the state (although it also prohibits accreditors from compelling colleges to violate state law). Also exempt from the ban on DEI spending are programs for veterans, Pell Grant recipients, first-generation college students, nontraditional students, certain transfer students from the state-college system, students from low-income families, and students with “unique abilities.” Student-led organizations using student fees are also exempt.
Many diversity programs and activities include work in these exempted categories, so it will take some effort to identify them and figure out how to draw the boundaries according to the new law.
What could be at risk
Back in December, Ron DeSantis, the state’s Republican governor, asked public colleges to submit details about their spending on diversity, equity, inclusion, and critical race theory. That data can now be read as a starting point for banning DEI spending.
Changes already?
Some faculty and staff members have noted that even before the law took effect — and, in some cases, even before laws were passed — changes were already taking place in Florida and other states. For example, some professors said they have changed what they teach out of fear of drawing unwanted attention that could put their jobs or institutions at risk.
We’re curious to learn — have you observed any changes on your campus as a result of SB 266, or bills in other states that restrict DEI efforts? What programs and jobs have been affected? What have administrators relayed to faculty and staff about the new laws? How have these changes affected students? Please write to me at Adrienne.lu@chronicle.com. We won’t identify you unless you agree to it.
