Amendment_Report_for

SECTION 1. This act shall be known and may be cited as the "Requiring Efficiency For Our Colleges and Universities System and Education System (REFOCUSES) Act."

SECTION 2. The purpose of this act is to prohibit institutions of higher learning, community colleges and public schools 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.

SECTION 3. (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" shall mean:

(i) Any effort to select or influence the composition of the faculty or student body by favoring applicants based on race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral admissions and hiring in accordance with state and federal antidiscrimination laws;

(ii) Any effort to promote differential treatment of or provide special benefits to individuals in employment or admissions based on race, color, or ethnicity;

(iii) Any effort to promote or promulgate policies and procedures designed or implemented to favor individuals based on 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 compel participants to change their beliefs with reference to race, color, ethnicity, gender identity, or sexual orientation; and

(v) Any effort to promote as the official position of the public school, administration, college, university, or any administrative unit thereof, a position that:

1. One (1) 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. Requires adherence to the 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, community college or public school established for the purpose of:

(i) Promoting hiring decisions or employment practices at the institution, college or public school that favor individuals based on 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 favor individuals in admissions and hiring based on 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 in writing by the institution, college or public school's legal 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 approved in writing by the institution, college or public school's legal counsel for the sole purpose of ensuring compliance with any applicable court order or state or federal law.

(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 (1) 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) "Public school" means an early education, 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.

(f) "Board" or "boards" means either the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education, or the Mississippi Charter School Authorizer Board, or all of them, as applicable.

(2) The Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education and the Mississippi Charter School Authorizer Board shall ensure that each institution, college and public school, as applicable:

(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 as defined in subsection (1)(b) of this section;

(ii) Hire or assign an employee of the institution, college or public school 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 based on race, sex, color, ethnicity, gender identity or sexual orientation to an applicant for employment, or when awarding a contract at the institution, college or public school;

(v) Require, as a condition of enrolling at, accepting employment with, or being awarded a contract at an institution, college or public school, or as a requirement of continuing enrollment, employment or contractual obligation at an institution, college or public school, any person to participate in diversity, equity and inclusion training, which includes a training, program or activity designed or implemented to favor one (1) individual over another based on race, color, ethnicity, gender identity or sexual orientation, unless approved in writing by the institution, college or public school's legal counsel and either the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education, or the Mississippi Charter School Authorizer 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 on the basis of their refusal to support, believe, endorse, embrace, confess, act upon or otherwise assent to a diversity equity or inclusion concept as set forth in this section (3).

(b) Within one hundred twenty (120) days of the effective date of this act, the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the State Board of Education and the Mississippi Charter School Authorizer Board shall adopt a complaint process, investigative procedures, and all other policies, procedures and penalties for appropriately investigating and disciplining an employee, contractor, institution, college or public school that engages in conduct in violation of paragraph (a) of this subsection.

(3) (a) A person may file a complaint with the Board of Trustees of State Institutions of Higher Learning, Mississippi Community College Board, Mississippi State Board of Education or Mississippi Charter School Authorizer Board, as applicable, of a violation or potential violation of this section by an institution, college or public school under the boards' purview. 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, guardian or next friend and may bring an action in his or her own name upon reaching the age of eighteen (18) years.

(b) The respective board shall investigate the reported violation or potential violation under the board's procedures as established in subsection (2)(b) of this section and make a finding within forty-five (45) days and report that finding to the person making the complaint and to the institution, college, or public school that is the subject of the investigation.

(4) (a) If any person, parent, guardian or next friend 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, college or public school by forwarding the Attorney General the complaint filed with the respective board along with the decision of the board and any supporting documentation.

(b) After receipt of such notification, the attorney general may file suit for a writ of mandamus compelling an institution, college or public school 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 any board is limited to any student enrolled in a degree program at an institution, college or public school, any faculty or staff member of an institution, college or public school, any contractor of an institution, college or public school, or any parent, guardian or next friend of a minor student who has allegedly been harmed by the institution, college or public school's failure to comply with this act.

(6) Within one hundred twenty (120) days of the effective date of this act, the 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, employees, parents, guardians and next friends.

(7) Beginning in 2026, by July 30 of each year, each institution, college or public school shall submit to their respective boards an annual report summarizing all reported incidents and the dispositions of those investigations and violations. By October 30 of each year, each board shall prepare a report that compiles the reports from each institution, college and public school 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 and education, as applicable, at a public hearing of the committees regarding the boards' compliance with this section.

(8) Nothing in this section may be construed to limit or prohibit an institution, college or public school, or an employee of such, from submitting to a grantor or accrediting body a statement that certifies compliance with controlling state and federal antidiscrimination laws for purposes of applying for a grant or from complying with the terms of accreditation by an accrediting body.

(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 services order;

(b) Scholarly research or a creative work by students, faculty or staff at an institution, college or public school or the dissemination of that work;

(c) An activity of a registered student organization, guest speaker or performer at an institution, college or public school;

(d) A policy, practice, procedure, program or activity to enhance student academic achievement, academic course instruction, 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) An institution, college or public school from requiring or taking action against a student, employee or contractor for failing to comply with federal or state law;

(i) Discussing pathological approaches or experience with students with mental or physical disabilities; or

(j) Affirming fidelity to and providing an oath to uphold the constitution and the laws of the State of Mississippi and the United States.

SECTION 4. Section 79-11-711, Mississippi Code of 1972, is amended as follows:

79-11-711. (1) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

(2) The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. To the extent practicable, any modification must be made in accordance with the donor's probable intention.

(3) If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument.

(4) An application to the court under subsection (2) or (3) of this section shall be made in the name of the institution to the chancery court of the county in which the principal activities of the institution are conducted.

(5) Not withstanding any other provision of law, if a restriction contained in a gift instrument to an institution of higher learning unlawfully includes a restriction based on race, color or ethnicity, the institution may, without application to the court, modify or omit a restriction so that the gift instrument does not include any unlawful restrictions.

SECTION 5. This act shall take effect and be in force from and after passage.