Senate Bill 2402

AN ACT TO PROHIBIT PUBLIC STATE ENTITIES, SUCH AS STATE AGENCIES, STATE BOARDS, PUBLIC SCHOOLS, PUBLIC CHARTER SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION, FROM UTILIZING ANY STATE FUNDING TO CREATE, PROMOTE, OR CONDUCT DIVERSITY, EQUITY AND INCLUSION PROGRAMS; TO DEFINE RELEVANT TERMS; TO PROHIBIT INSTITUTIONS OF HIGHER LEARNING THAT RECEIVE FEDERAL AND/OR STATE FINANCIAL ASSISTANCE FROM CONSIDERING THE RACE OF A PROSPECTIVE STUDENT AS A TERM OF ADMISSION; TO PROVIDE INSTANCES WHERE INSTITUTIONS OF HIGHER LEARNING MAY CONSIDER RACE AND/OR PROMOTE DIVERSITY; TO AUTHORIZE CERTAIN PENALTIES FOR VIOLATION OF THIS ACT; TO PROVIDE CIVIL PENALTIES FOR STATE AGENCIES, STATE BOARDS, PUBLIC SCHOOLS, PUBLIC CHARTER SCHOOLS AND PUBLIC INSTITUTIONS OF HIGHER EDUCATION THAT ARE FOUND IN VIOLATION OF THE PROVISIONS OF THIS ACT; 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 "Diversity, Equity and Inclusion (DEI) Program Ban."

SECTION 2. (1) For the purposes of this section:

(a) "Divisive concepts" means any program or curriculum whose purpose is to disseminate the message that:

(i) Any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior.

(ii) Individuals should be discriminated against or treated adversely solely because of their race, color, religion, sex, ethnicity or national origin.

(iii) The individual moral character of an individual is solely determined by his or her race, color, religion, sex, ethnicity or national origin.

(iv) Solely by virtue of an individual's race, color, religion, sex, ethnicity or national origin, the individual is inherently racist, sexist or oppressive, whether consciously or subconsciously.

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

(vi) Fault, blame or bias should be assigned to a race, color, religion, sex, ethnicity or national origin, solely on the basis of race, color, religion, sex, ethnicity or national origin.

(vii) Any individual should be asked to accept, acknowledge, affirm or assent to a sense of guilt, complicity or needs to apologize solely on the basis of his or her race, color, religion, sex, ethnicity or national origin.

(b) "State agencies" means any department, agency or instrumentality of the State of Mississippi.

(c) "State board" means any state workforce development board that oversees the professional licensing and practices of licensed professionals in the state.

(d) "Public institutions of higher education" means any public institution of higher learning, or public community or junior college located in the State of Mississippi.

(2) A state agency, state board, public school, public charter school or public institution of higher education may not do any of the following:

(a) Directly compel a student, employee or contractor to personally affirm, adopt or adhere to a divisive concept;

(b) Share his or her personal point of view on any divisive concept;

(c) Participate, as part of any course work or for any class credit or professional training, in an activity that involves lobbying for legislation at the federal, state or local level, that forces employees, contractors or students to promote divisive concepts in a way that aligns with the views of a state agency, state board, public school, public charter school or public institution of higher education that they are associated with, or participate in any professional training that promotes the concepts in subsection (1)(a) of this section;

(d) 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;

(e) Condition enrollment or attendance in a class, training or orientation solely on the basis of race or color; and

(f) Authorize or expend funding or apply for or accept a grant for state or federal funding for the purpose of compelling assent to any divisive concept, diversity, equity and inclusion programs or any other purpose prohibited in this act.

SECTION 3. (1) All state agencies, state boards, public schools, public charter schools and public institutions of higher education shall discipline or terminate the employment of any employee or contractor who knowingly violates this act, provided that:

(a) Any disciplinary action or termination of an employee of a state agency, state board, public school, public charter school or public institution of higher education shall remain subject to relevant policies established by the institution; and

(b) Termination of an employee or contractor of a state agency, state board, public school, public charter school or public institution of higher education does not violate any other state laws.

(2) Nothing in this act:

(a) Prevents an employee, or a contractor of a state agency, state board, public school, public charter school or public institution of higher education who provides mandatory orientation, course work or training from responding to questions that are raised by participants in the orientation, course work or training and that pertain to divisive concepts;

(b) Prohibits a public school, public charter school or public institution of higher education from providing any instruction in furtherance of satisfying any accreditation standard;

(c) Prohibits a public school, public charter school or public institution of higher education from authorizing the teaching or discussion of any divisive concept in an objective manner and without endorsement, as part of a larger course of academic instruction, provided the institution and its employees do not compel assent to any divisive concept and otherwise act pursuant to the provisions of this act;

(d) Prohibits the required collection or reporting of demographic data by public schools, public charter schools and public institutions of higher education;

(e) Prohibits the teaching of topics or historical events in a historically accurate context;

(f) Prevents state agencies from promoting racial, cultural or ethnic diversity or inclusiveness, provided these efforts are consistent with the requirements of this act; and

(g) May be construed to inhibit or violate the First Amendment rights of any student or employee, or undermine the duty of public schools, public charter schools or public institutions of higher education to protect, to the greatest degree, academic freedom, intellectual diversity and freedom of expression.

SECTION 4. (1) Public and private institutions of higher education, that receive federal and/or state financial assistance, shall not consider the race of a prospective student as a term or primary consideration of admissions. Student applicants shall not receive preferential consideration or treatment during the college and university admissions process because they belong to a certain racial group.

(2) All public and private institutions of higher education, that receive state and/or federal funding, shall discipline or terminate the employment of any employee or contractor who knowingly violates the provisions of this section, provided that:

(a) Any disciplinary action or termination of an employee of an institution of higher education shall remain subject to relevant policies established by the institution; and

(b) Termination of an employee or contractor of an institution of higher education does not violate any other state laws.

(3) Nothing in this act prohibits institutions of higher education from:

(a) Considering an applicant's discussion of how race affected his or her life be it through discrimination, inspiration or otherwise, so as to consider the holistic attributes, backgrounds and experiences of an individual applicant;

(b) Conducting targeted outreach, recruitment and pathway programs to connect with a broader range of prospective students;

(c) Collecting demographic data about students in the applicant pool, student admissions outcome, and student enrollment and retention;

(d) Evaluating admission policies to determine which factors in a holistic admissions process most faithfully reflect the values and commitments of the institution; and

(e) Fostering a sense of belonging through diversity offices, campus cultural centers, clubs, activities, affinity groups, conducting meetings, hosting focus groups and panels to discuss race-related topics and utilize other campus resources, so long as these support services are available to all students, and do not disseminate the message of divisive concepts as defined in Section 2(1)(a) of this act.

SECTION 5. (1) An individual whose rights were violated by a state agency, state board, public school, public charter school or public institution of higher education that has violated the provisions of this act, shall have the right to bring an action in a court of competent jurisdiction.

(2) Upon a finding by a court of competent jurisdiction that an individual's rights have been violated due to a state agency, state board, public school, public charter school or public institution of higher education violating the provisions of this act, the court may impose a civil penalty, for each separate violation, in an amount not to exceed Twenty-five Thousand Dollars ($25,000.00). The court may also award the prevailing party the sum of reasonable costs incurred in the action plus reasonable attorney's fees.

SECTION 6. This act shall take effect and be in force from and after July 1, 2024.