House Bill 1193

(As Passed the House)

AN ACT TO PROHIBIT PUBLIC SCHOOLS AND PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS FROM CREATING, PROMOTING AND IMPLEMENTING DIVERSITY, EQUITY, AND INCLUSION (DEI) PROGRAMS; TO DEFINE RELEVANT TERMS; AND TO PROHIBIT THE USE OF DIVERSITY STATEMENTS AND TRAINING IN HIRING, ADMISSIONS, AND EMPLOYMENT PRACTICES AT STATE INSTITUTIONS OF HIGHER LEARNING; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION, THE BOARD OF TRUSTEES OF STATE INSTITUTIONS OF HIGHER LEARNING AND THE MISSISSIPPI COMMUNITY COLLEGE BOARD IN MISSISSIPPI, TO TEACH, PROMOTE AND DISTRIBUTE INFORMATION THAT THERE ARE TWO GENDERS, MALE AND FEMALE, AS DETERMINED BY AN INDIVIDUAL'S CHROMOSOMES; TO REQUIRE THE SUBMISSION OF ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE CONTAINING INFORMATION ON ITS COMPLIANCE WITH THIS ACT AND THE COMPLIANCE OF EACH SCHOOL DISTRICT; TO PROVIDE FOR THE PRIVATE ENFORCEMENT OF THIS ACT; TO PROVIDE FOR ENFORCEMENT OF THIS ACT BY THE MISSISSIPPI ATTORNEY GENERAL; AND FOR RELATED PURPOSES.

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

SECTION 1. The purpose of this act is to prohibit public schools and public postsecondary educational institutions from taking certain actions and engaging in discriminatory practices. This act seeks to ensure that employment, academic opportunities, and student engagement are based solely on individual merit, qualifications, and academic performance, without consideration of an individual's views on diversity, equity and inclusion (DEI).

SECTION 2. As used in this act, the following terms shall have the meanings herein ascribed, unless context of use clearly requires otherwise:

(a) "Diversity statement" means a written statement or essay that requires an individual to express their views or commitment regarding issues related to race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin.

(b) "Diversity training" means any formal or informal education, seminars, workshops or instructional program that focus on increasing awareness or understanding of issues related to

race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin.

(i) One (1) race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin is inherently superior to another race or sex;

(ii) An individual, by virtue of his or her race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin, is inherently racist, sexist or oppressive, whether consciously or unconsciously;

(iii) An individual should be discriminated against or treated adversely solely because of their race, sex, color, ethnicity, gender identity, sexual orientation, religion or national origin;

(iv) Members of one (1) race, one (1) sex, one (1) color, one (1) ethnicity, certain gender identity, sexual orientation, religion or national origin cannot and should not attempt to treat others without respect to race, color, ethnicity or sex, gender identity, sexual orientation, religion or national origin;

(v) An individual's moral character is necessarily determined by his or her race, color, ethnicity, sex, gender identity, sexual orientation, religion or national origin;

(vi) An individual, by virtue of his or her race, color, ethnicity, sex, gender identity, sexual orientation, religion or national origin, bears responsibility for actions committed in the past by other members of any class listed herein;

(vii) An individual should feel discomfort, guilt, anguish or any other form of psychological distress on account of his or her race, color, ethnicity, sex, gender identity, sexual orientation, gender identity, religion or national origin; or

(viii) Meritocracy or traits such as a hard work

ethic are racist or sexist, or were created by a particular class to oppress another class.

(d) "Public school" means an elementary or secondary school governmental entity under the exercise and management of a local school governing board, established to supervise one or more public schools within its geographical limits pursuant to state statutes. The terms also include:

(i) Agricultural high schools;

(ii) The Mississippi School for the Deaf and Blind, under the governing authority of the State Board of Education;

(iii) The Mississippi School of the Arts, under the governing authority of the State Board of Education;

(iv) The Mississippi School for Mathematics and Science, under the governing authority of the State Board of Education; and

(v) Public charter schools.

(e) "Public postsecondary educational institutions" mean any state-supported four-year college or university under the purview of the Board of Trustees of State Institutions of Higher Learning and any two-year community or junior college under the purview of the Mississippi Community College Board and the boards of trustees of the community college district to which the community or junior college is assigned.

SECTION 3. No public school or public postsecondary educational institution shall:

(a) Require, request, or consider diversity statements or similar materials from job applicants as part of the hiring process, contract renewal process, evaluation or promotion process;

(b) Require, request, or consider diversity statements or similar materials from applicants for admission to academic programs;

(d) Require, induce, or compel students or employees to endorse, assent to or publicly express a divisive concept;

(e) Penalize or discriminate against a student, employee or contractor on the basis of his or her refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to a divisive concept; or

(f) Maintain any programs, including academic programs or courses, or offices that promote or endorse divisive concepts or concepts promoting transgender ideology, gender-neutral pronouns, heteronormativity, gender theory, sexual privilege or any related formulation of these concepts.

SECTION 4. Nothing in this act shall be construed to:

(a) Prohibit the required collection or reporting of demographic data by a public school or public postsecondary educational institution;

(b) Prohibit a public school or public postsecondary educational institution from requiring a student or employee to comply with federal or state laws, or from taking action against a student or employee for violations of federal or state law;

(c) Limit or restrict freedom of speech or academic freedom that undermines the duty of a public school, or public postsecondary educational institution to protect academic freedom, intellectual diversity and true expression provided that none of these protected tenets conflict with this act;

(d) Prohibit a public school or public postsecondary educational institution from complying with any applicable academic accreditation standards or requirements; or

(e) Prohibit or restrict programs or campus activities required for compliance with federal laws or regulations, or access programs for military veterans, Pell Grant recipients, first-generation college students, nontraditional students, students from low-income families or students with

unique abilities, students with disabilities or students from the foster care system.

SECTION 5. (1) All public schools and public postsecondary educational institutions in Mississippi, shall teach, promote and distribute information based on the scientific policy that there are two (2) genders, male and female. A male has a chromosome of XY, and a female has a chromosome of XX. The State Department of Education, all public school districts, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall recognize and establish policies that biological gender shall be based on the chromosomal makeup of an individual.

(2) By July 1, 2026, and annually by July 1 thereafter, the State Department of Education, the Board of Trustees of State Institutions of Higher Learning and the Mississippi Community College Board shall provide a report and documentation to the Governor, the Lieutenant Governor and the Speaker of the Mississippi House of Representatives regarding its compliance with this section, and including information on the compliance of each public school district.

SECTION 6. (1) A person may assert a violation of this section as a claim or defense in a judicial or administrative proceeding and obtain compensatory damages, punitive damages, injunctive relief, declaratory relief or any other appropriate relief. Such claim may be brought against any applicable governmental entity which caused or contributed to a violation of this section.

(2) Any person under eighteen (18) years of age may bring an action at any time to assert a violation of this section through a parent or next friend and may bring an action in his or her own name upon reaching the age of eighteen (18) years.

(3) An action under this act may be commenced, and relief may be granted, in a judicial proceeding without regard to whether the person commencing the action has sought or exhausted available administrative remedies.

(4) In any action or proceeding to enforce a provision of this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney's fees.

(5) (a) The Attorney General shall bring an action to enforce compliance with this section.

(b) This section shall not be construed to deny, impair or otherwise affect any right or authority of the Attorney General, the State of Mississippi, or any agency, officer or employee of the state, acting under any law other than this section, to institute or intervene in any proceeding.

SECTION 7. If any public school or public postsecondary educational institution receives more than two (2) complaints in violation of this act, applicable state grants or monies shall be withheld until the school or institution complies with the provisions of this act.

SECTION 8. If any section, paragraph, sentence, clause, phrase or any part of this act is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.

SECTION 9. This act shall take effect and be in force from and after July 1, 2025.