MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Universities and Colleges
By: Senator(s) Boyd, Tate, Blackwell, Parker, Sparks, Whaley, McCaughn, McLendon, Williams, Hill, Seymour, Chism
AN ACT TO ENACT THE "REQUIRING EFFICIENCY FOR OUR COLLEGES AND UNIVERSITIES SYSTEM (REFOCUS) ACT"; TO ESTABLISH THE "MISSISSIPPI UNIVERSITY SYSTEM EFFICIENCY TASK FORCE" TO EXAMINE THE EFFICIENCY AND EFFECTIVENESS OF THE PUBLIC UNIVERSITY SYSTEM IN MISSISSIPPI, AS IT RELATES TO THE UNIVERSITIES' COLLECTIVE MISSION OF ENROLLING AND GRADUATING MORE DEGREED MISSISSIPPIANS AND RETAINING THEM IN THE STATE, AND ANTICIPATED NATIONWIDE CHALLENGES WITH REGARD TO DEMOGRAPHIC SHIFTS AND A PROJECTED OVERALL DECLINE IN ENROLLMENT; TO REQUIRE THE TASK FORCE TO DEVELOP RECOMMENDATIONS TO THE LEGISLATURE ON CHANGES TO POLICY AND LAWS IN MISSISSIPPI WITH A GOAL OF INCREASING THE EFFICIENCY OF THE PUBLIC UNIVERSITY SYSTEM IN THE STATE; TO SET THE MEMBERSHIP OF THE TASK FORCE; TO PROVIDE FOR OTHER PROVISIONS RELATED THERETO, INCLUDING PER DIEM AND VOTING; TO ESTABLISH THE PURPOSE OF SECTION 4 OF THIS ACT; TO DEFINE TERMS; TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING AND COMMUNITY COLLEGES TO ENSURE THAT EACH UNIT DOES NOT ESTABLISH OR MAINTAIN A DIVERSITY, EQUITY AND INCLUSION OFFICE; TO ENSURE UNIVERSITIES AND COLLEGES TREAT EACH STUDENT, FACULTY, AND STAFF MEMBER FAIRLY; TO REQUIRE UNIVERSITIES AND COLLEGES TO MAKE A REPORT TO THEIR RESPECTIVE GOVERNING BOARDS; TO REQUIRE THE GOVERNING BOARDS TO MAKE REPORTS TO THE LEGISLATURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Requiring Efficiency For Our Colleges and Universities System (REFOCUS) Act."
SECTION 2. (1) There is hereby established the "Mississippi University System Efficiency Task Force" created to examine the efficiency and effectiveness of the public university system in Mississippi, as it relates to the universities' collective mission of enrolling and graduating more degreed Mississippians and retaining them in the state, and anticipated nationwide challenges with regard to demographic shifts and a projected overall decline in enrollment. The task force shall develop recommendations to the Legislature on changes to policy and laws in Mississippi with a goal of increasing the efficiency of the public university system in Mississippi, planning for future demographic shifts and possible enrollment declines at all institutions and the state level, and continuing progression toward the goal of increasing the post-secondary education attainment level in the state.
(2) The members of the task force shall be as follows:
(a) The Chairmen of the Universities and Colleges Committees of the Mississippi Senate and Mississippi House of Representatives, or their designees from their respective committee membership;
(b) The Chairmen of the Appropriation Committees of the Mississippi Senate and the Mississippi House of Representatives, or their designees from their respective committee membership;
(c) The Chairmen of the Finance Committee of the Mississippi Senate and the Ways and Means Committee of the Mississippi House of Representatives, or their designees from their respective committee membership;
(d) The Director of the University Research Center and State Economist, or his or her designee;
(e) One (1) designee who holds an undergraduate degree from one (1) of the four (4) public regional universities in Mississippi appointed by the Speaker of the House. Such designee shall have significant business or other professional experience and shall be a resident of the State of Mississippi;
(f) One (1) designee who holds an undergraduate degree from one (1) of the three (3) public historically black universities in Mississippi appointed by the Governor. Such designee shall have significant business or other professional experience and shall be a resident of the State of Mississippi;
(g) One (1) designee who holds an undergraduate degree from one (1) of the four (4) public research universities in Mississippi appointed by the Lieutenant Governor. Such designee shall have significant business or other professional experience and shall be a resident of the State of Mississippi;
(h) One (1) member of the Board of Trustees of the Mississippi State Institutions of Higher Learning appointed by the Speaker of the House;
(i) One (1) member of the Board of Trustees of the Mississippi State Institutions of Higher Learning appointed by the Lieutenant Governor; and
(j) One (1) member of the Board of Trustees of the Mississippi State Institutions of Higher Learning appointed by the Governor.
(3) The task force shall meet within forty-five (45) days of the effective date of this act and shall evaluate the current data, resources, laws and policies of the State of Mississippi. Specifically, the task force shall:
(a) Evaluate the current funding formula and appropriations process for the Mississippi public university system, particularly as it relates to enrollment and graduation rates;
(b) Evaluate the process of developing physical plant plans for Mississippi's public universities, including the use of enrollment data and projections in such plans and the Mississippi Institution of Higher Learning's role in determining collective system needs requiring additional state resources;
(c) Collect and analyze publicly available data and statistics related to enrollment and graduation rates and projections, with particular focus on the enrollment and graduation rates of Mississippi residents, as well as other data relating to shifting demographics, at all of Mississippi's public universities;
(d) Examine employment, postgraduation life based on degrees, employability, salary and location;
(e) Examine staffing levels for teaching faculty by program and degrees;
(f) Examine any existing or developing plans, both on an individual public university and university system basis, to address projected demographic shifts and enrollment declines;
(g) Evaluate successful strategies for addressing challenges in efficiency and enrollment in the Mississippi university system and across the nation, including current partnerships across the system; and
(h) Review any other matters related to the above issues or the efficiency and effectiveness of the public university system in Mississippi.
(4) The task force may request the assistance of the Mississippi Institutions of Higher Learning and any other related agency, entity or organization with expertise in higher education, demographic, enrollment and other issues.
(5) The Chairmen of the Universities and Colleges Committees in the Mississippi Senate and Mississippi House of Representatives shall call the first meeting. The members of the task force shall elect a Chair or co-Chairs from among the members at its first meeting. The task force shall develop and report its findings and recommendations to the Mississippi Legislature on or before December 1, 2025. A majority of the membership shall be required to approve any final report and recommendation. Meetings of the task force shall be held at the State Capitol; however, if it is not feasible for the task force to hold an in-person meeting, the task force may convene utilizing an online meeting platform that is accessible for viewing by the public.
(6) The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide necessary clerical support for the meetings of the task force and the preparation of the report.
SECTION 3. The purpose of Section 4 of this act is to prohibit institutions of higher learning and community colleges 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 an inclusion.
SECTION 4. (1) For the purposes of this section, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Diversity, equity and inclusion" includes:
(i) Any effort to select or influence the composition of the faculty or student body with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal anti-discrimination laws;
(ii) Any effort to promote differential treatment of or provide special benefits to individuals in employment or admissions on the basis of race, color, or ethnicity.
(iii) Any effort to promote or promulgate policies and procedures designed or implemented to favor individuals with reference to race, color or ethnicity, except as otherwise permitted in state and federal law.
(iv) Any effort to require trainings, programming, or activities designed and\or implemented to change participants' beliefs with reference to race, color, ethnicity, gender identity, or sexual orientation; and
(v) Any effort to promote as the official position of the administration, the college, the university, or any administrative unit thereof, a position that:
1. One race, sex, color, ethnicity, gender identity or sexual orientation is inherently superior to another, sex, color, ethnicity, gender identity or sexual orientation;
2. An individual by virtue of his or her race, sex, color, ethnicity, gender identity or sexual orientation is inherently oppressive to others whether consciously or unconsciously;
3. An individual should be discriminated against or treated adversely solely because of his or her race, sex, color, ethnicity, gender identity or sexual orientation;
4. An individual by virtue of his or her race, sex, color, ethnicity, gender identity or sexual orientation bears responsibility for actions committed in the past by like individuals; or
5. Promotes social construction and malleability of sex and gender, gender-neutral pronouns, deconstruction of heteronormativity and sexual privilege.
(b) "Diversity, equity and inclusion office" means an office, division or other unit of an institution of higher learning established for the purpose of:
(i) Influencing hiring decisions or employment practices at the institution with respect to race, sex, color, ethnicity, gender identity or sexual orientation other than through the use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws;
(ii) Promoting differential treatment of or providing special benefits to individuals in admissions and hiring on the basis of race, sex, color, ethnicity, gender identity or sexual orientation;
(iii) Promoting policies or procedures designed or implemented to favor individuals based on race, sex, color, ethnicity, gender identity or sexual orientation, other than policies or procedures approved by the institution's general counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or
(iv) Conducting trainings, programs or activities designed or implemented to favor individuals based on race, color, sex, ethnicity, gender identity or sexual orientation, other than trainings, programs or activities developed by an attorney and approved in writing by the institution's general counsel and the Board of the respective institution which includes the Board of Trustees of the Mississippi State Institutions of Higher Learning or the Mississippi Community College Board, as applicable, for the sole purpose of ensuring compliance with any applicable court order or state or federal law.
(c) "Institution of higher learning" or "institution" means any one of the following, as stipulated in Section 37-101-1:
(i) The University of Mississippi;
(ii) Mississippi State University of Agriculture and Applied Science;
(iii) Mississippi University for Women;
(iv) The University of Southern Mississippi;
(v) Delta State University;
(vi) Alcorn State University;
(vii) Jackson State University;
(viii) Mississippi Valley State University; and
(ix) Any other of like kind which may be hereafter established by the state.
(d) "Community college" or "college" means any one of the following:
(i) Coahoma Community College;
(ii) Copiah-Lincoln Community College;
(iii) East Central Community College;
(iv) East Mississippi Community College;
(v) Hinds Community College;
(vi) Holmes Community College;
(vii) Itawamba Community College;
(viii) Jones College;
(ix) Meridian Community College;
(x) Mississippi Delta Community College;
(xi) Mississippi Gulf Coast Community College;
(xii) Northeast Mississippi Community College;
(xiii) Northwest Mississippi Community College;
(xiv) Pearl River Community College; and
(xv) Southwest Mississippi Community College.
(e) "Board" or "boards" means either the Board of Trustees of the Mississippi State Institutions of Higher Learning or the Mississippi Community College Board, or both, as applicable.
(2) The Board of Trustees of the State Institutions of Higher Learning and the Mississippi Community College Board shall ensure that each institution and college:
(a) Does not expend any funds derived from government appropriations, deposits, donations, endowments, fees, grants, gifts, income, receipts, tuition or any other source, except as required by federal law to:
(i) Establish or maintain a diversity, equity and inclusion office;
(ii) Hire or assign an employee of the institution or college or contract with a third party to perform the duties of a diversity, equity and inclusion office;
(iii) Compel, require, induce or solicit any person to provide a diversity, equity and inclusion statement or give preferential consideration in hiring or admission to any person based on the provision of a diversity, equity and inclusion statement;
(iv) Give preference on the basis of race, sex, color, ethnicity, gender identity or sexual orientation to an applicant for employment, or awarding a contract at the institution or college;
(v) Require as a condition of enrolling at the institution or college or performing any institution or college function any person to participate in diversity, equity and inclusion training, which:
1. Includes a training, program or activity designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation; and
2. Does not include a training, program or activity developed by an attorney and approved in writing by the institution or college's general counsel and either the Board of Trustees of the Mississippi State Institutions of Higher Learning or the Mississippi Community College Board, as applicable, for the sole purpose of ensuring compliance with any applicable court order or state or federal law; and
(vi) Penalize or discriminate against a student employee or contractor and the basis of their refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to a diversity equity or inclusion concept.
(b) Within one hundred twenty (120) days of the effective date of this act, The Board of Trustees of the Mississippi State Institutions of Higher Learning and the Mississippi Community College Board shall adopt a complaint process, investigative procedures, and all other policies, procedures and penalties for appropriately investigating and disciplining an employee or contractor of the institution or college who engages in conduct in violation of paragraph (a).
(3) (a) A person may notify the Board of Trustees of Mississippi State Institutions of Higher Learning or Mississippi Community College Board of a violation or potential violation of this section by an institution or college under the boards' purview.
(b) The respective board shall investigate the reported violation or potential violation under the board's procedures as established in subsection (2)(b)and make a finding within forty-five (45) days reported to the person making the complaint.
(4) (a) If any person making a complaint under subsection (3) of this section is aggrieved by the action or inaction of the respective board, he or she may notify the attorney general of a violation or potential violation of this section by an institution or college by forwarding the attorney general the complaint filed with the respective board along with the decision of the board and any supporting documentation.
(b) The attorney general may file suit for a writ of mandamus compelling an institution or college to comply with this subsection if the attorney general finds substantial and compelling evidence the violation occurred or is occurring.
(5) A person filing a complaint with either board is limited to any student enrolled in a degree program at an institution or college, any faculty member of an institution or college, or any contractor of an institution or college.
(6) Within one hundred twenty (120) days of the effective date of this act, the above listed boards shall transmit a copy of all requirements adopted in subsection (2)(b) of this section to the Lieutenant Governor and the Speaker of the House. Additionally, the boards shall include a plan detailing the methods they will use to provide notification of the policy to students and employees.
(7) Beginning in 2026, by July 30th of each year, each institution shall submit to the Board of Trustees of the Mississippi State Institutions of Higher Learning and each college shall submit to the Mississippi Community College Board an annual report summarizing all reported incidents and the disposition of those investigations and violations. By October 30th of each year, each board shall prepare a report that compiles the reports from each institution and college and makes recommendations for any proposed changes to this act and submit it to the Legislature. The Legislature may call a representative of each board to testify before the standing legislative committees with primary jurisdiction over higher education at a public hearing of the committee regarding the boards' compliance with this section.
(8) Nothing in this section may be construed to limit or prohibit an institution or college, or an employee of such, from submitting to the grantor or accrediting agency a statement that certifies compliance with state and federal antidiscrimination laws for purposes of applying for a grant or complying with the terms of accreditation by an accrediting agency.
(9) Subsection (2)(a) of this section may not be construed to apply to and/or prohibit:
(a) Programs for Military Veterans, students with disabilities or students presently or formerly under a child protective service order;
(b) Scholarly research or a creative work by an institution or college students, faculty or staff or the dissemination of that work;
(c) An activity of a registered student organization at an institution or college;
(d) A policy, practice, procedure, program or activity to enhance student academic achievement, academic coursework or postgraduate outcomes that is designed and implemented without regard to race, sex, color, ethnicity, gender identity or sexual orientation;
(e) Data collection;
(f) Student recruitment;
(g) Programs, campus activities or certifications for compliance with state and federal laws or applicable court order;
(h) Prohibiting an institution or college from requiring or taking action against a student, employee or contractor for failing to comply with federal or state law;
(i) To discuss pathological approaches or experience with students with mental or physical disabilities; or
(j) To affirm fidelity to and provide an oath to uphold the constitution and the laws of the State of Mississippi and the United States.
SECTION 5. This act shall take effect and be in force from and after passage.