Senate Bill 2171

AN ACT TO PROHIBIT THE TEACHING OF "CRITICAL RACE THEORY" IN THE PUBLIC SCHOOLS, INSTITUTIONS OF HIGHER LEARNING AND PUBLIC CHARTER SCHOOLS; TO PROHIBIT THE EXPENDITURE OF PUBLIC FUNDS IN VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Dignity and nondiscrimination in public education. (1) It is the intent of the Legislature that administrators, faculty members, other employees, and students at public schools, including public charter schools and institutions of higher education, respect the dignity of others, acknowledge the right of others to express differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, and freedom of speech and association.

(2) The Mississippi Legislature finds that tenets outlined in subsection (3)(a) of this section, often found in "critical race theory," undermined the objectives outlined in subsection (1) of this section and exacerbate and inflame divisions on the basis of sex, race, ethnicity, religion, color, national origin, or other criteria in ways contrary to the unity of the nation and the well-being of the State of Mississippi and its citizens.

(3) In accordance with Section 6, Article IX of the Constitution of the State of Mississippi and the Mississippi Code:

(a) No public institution of higher learning, school district or public school, including a public charter school, shall direct or otherwise compel students to personally affirm, adopt, or adhere to any of the following tenets:

(i) That any sex, race, ethnicity, religion, color or national origin is inherently superior or inferior;

(ii) That individuals should be adversely treated on the basis of their sex, race, ethnicity, religion, color or national origin; or

(iii) That individuals, by virtue of sex, race, ethnicity, religion, color or national origin, are inherently responsible for the actions committed in the past by other members of the same sex, race, ethnicity, religion, color or national origin.

(b) No distinction or classification of students shall be made on account of race or color.

(c) No course of instruction or unit of study directing or otherwise compelling students to personally affirm, adopt or adhere to any of the tenets identified in paragraph (a) of this subsection shall be used or introduced in any institution of higher education, any school district, or any public school, including a public charter school.

(4) Nothing in this section should be construed to prohibit the required collection or reporting of demographic data by public schools or public institutions of higher education.

(5) Prohibition on the expenditure of monies for certain purposes. No monies shall be expended by the State Board of Education, any entity under the State Board of Education's jurisdiction, or any school district, public school, public charter school, or public institution of higher learning for any purpose prohibited in the Mississippi Code, including specifically the prohibition against teaching critical race theory proscribed by this act.

(6) Severability. The provisions of this act are hereby declared to be severable, and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.