A new Alabama law banning diversity, equity and inclusion offices, programming and training in public colleges and other state agencies will go into effect this fall.

Gov. Kay Ivey signed SB129, known as the “divisive concepts” bill, into law Wednesday. The law will become effective Oct. 1, 2024.

“My Administration has and will continue to value Alabama’s rich diversity, however, I refuse to allow a few bad actors on college campuses – or wherever else for that matter – to go under the acronym of DEI, using taxpayer funds, to push their liberal political movement counter to what the majority of Alabamians believe,” Ivey said in a statement Wednesday.

“We have already taken action to prevent this in our K-12 classrooms, and I am pleased to sign SB129 to protect our college campuses. Supporting academic freedom, embracing diversity of cultures and backgrounds and treating people fairly are all key components of what we believe in Alabama, and I am more than confident that will continue.”

Alabama joins Florida and Texas in enacting the wide-ranging legislation, which asks for sweeping changes or cancellations to state agencies and public colleges that currently fund DEI offices and programming. It is not clear yet whether the law will force some state colleges, which support a combined $16 million in diversity spending, to lay off staff.

The law bans any program that “advocates for a divisive concept.” It also would prohibit higher education institutions from allowing individuals to use a restroom that is different from their sex as assigned at birth.

Passage of the Republican-backed legislation comes after lengthy debate in the House and Senate, multiple student protests and criticism from civil rights advocates and educators.

Ban supporters said the legislation would prevent “indoctrination” and “far-left ideology” in classrooms, and gave some examples of where they believed white students were made to feel uncomfortable on college campuses.

Opponents of the ban credited DEI programs for providing access and financial support, improving their campus experience, and in some cases, saving their lives. Others also worried that a ban would deter businesses and athletes from coming to the state.

In a message to students and faculty Tuesday evening, University of Alabama System Chancellor Finis St. John IV and presidents of the System’s three campuses said leadership and legal counsel are working to determine what actions the colleges will need to take to ensure their programs are in compliance with the law.

“It is important to note that SB 129 defines divisive concepts and DEI programs in specific terms, and it offers several exceptions for accreditation requirements, academic freedom, medical and mental health care, research, recruiting and outreach, and a host of other areas. Please look to official university communications for guidance as we continue to assess the legislation,” the statement read.

“We recognize differences strengthen our campuses and help us successfully prepare students to live and work in a global society. We remain committed to recruiting and retaining outstanding students, faculty and staff from all backgrounds, providing open and equal access to resources and opportunities, and equipping all campus community members for success at our universities and beyond.”

What would the law do?

The law lists eight so-called “divisive concepts,” with most covering topics related to race, ethnicity, sex, religion and national origin.

Its sponsor, Sen. Will Barfoot, R-Pike Road, said nothing in the legislation prevents the accurate teaching of history. Educators who knowingly “compel” students to believe certain banned ideas, however, could be terminated or disciplined at the discretion of college and school board leaders.

After debate on the Senate floor last month, the law will no longer prohibit college staff from discussing whether slavery and racism are aligned with the founding principles of the United States.

Democrats also added specific protections for women’s sports, the state Office of Minority Affairs, and changes to ensure “sex” was added to the list of protected classes in places where it was omitted.

Recent changes, which were approved on Tuesday, more clearly define the role of a contractor and protect those individuals from termination if they violate the law by accident. Another amendment ensures that nothing in the law would infringe on First Amendment rights of students or employees.

The law says it will not impede academic or medical research, federal reporting requirements or support services. It also does not prohibit housing or organizations that are segregated by sex, or affect “certain circumstances relating to accreditation.”

Students or staff may host a DEI program or event, it added, but must not use state money to fund it.