Alabama’s newest “divisive concepts” legislation, signed by Gov. Kay Ivey March 19, takes aim at state-funded DEI programs.

State agencies, colleges and school systems will have to assess current diversity and inclusion projects. The law becomes effective Oct. 1.

But while legislators’ stated aim is simple — no indoctrination of certain beliefs about race, class, gender or sexuality — the law’s impacts are far from clear, experts and advocates say. And some worry it will lead to a chilling effect on college campuses or make underrepresented students and employees feel less welcome in Alabama.

It is up to individual state agencies, local boards of education and college administration to decide how to discipline employees who violate the law. There is no civil or criminal penalty for noncompliance.

But the legislature can withhold funds from institutions that continue to maintain diversity offices, according to the state Legislative Services Agency.

“The Legislature does not play a role in the implementation of laws, that is the function of the executive branch,” LSA Director Othni Lathram told AL.com. “That said, the Legislature does exercise oversight and the power of appropriation. All state funds provided to institutions of higher education must be appropriated by the Legislature and the extent to which those institutions follow the law is relevant to that process.”

What will schools, colleges do?

The Alabama State Department of Education, which oversees public K-12 schools, said it will wait until the summer, if necessary, to share guidance on all education laws that were passed this session.

State Superintendent Eric Mackey said he wasn’t aware of any local K-12 schools that had DEI offices. The ALSDE also does not have a DEI office.

Largely, it will be up to local school boards to make decisions about how to handle any issues with noncompliance. If an employee is disciplined, he said, the state department will follow up with any necessary certification inquiries. Local boards will also be responsible for approving student groups.

In the state’s public colleges, it’s up to a board of trustees to make those decisions, said Jim Purcell of The Alabama Commission on Higher Education. ACHE will provide some guidance to college campuses as needed to help them understand the implications of the law, he said.

“I am confident that the colleges and universities can adhere to the law in a way that will not diminish the campuses as places where many perspectives on the world and our society can be discussed and considered,” Purcell said.

In messages to students this week, college presidents said they are still working to understand the full implications of the law.

“I recognize and understand that this legislation has caused both uncertainty and apprehension,” University of South Alabama President Jo Bonner told the campus community Thursday. “But I remain confident in our community, the merit of our differences and what unites us in our shared values.”

Auburn and University of Alabama System officials emphasized a number of exceptions to the ban, including that nothing in the law will prohibit research, scholarship or outreach programs, academic support services, medical care, or instruction associated with accreditation standards.

“As a land-grant university, Auburn is committed to delivering exceptional experiences and support to all of our students with particular emphasis on providing access and opportunity to the citizenry of Alabama so that they benefit fully from an Auburn education,” a statement read.

“We work hard each day at Auburn to create an environment where our faculty, staff and students are welcomed, valued, respected and engaged. We remain committed to providing these exceptional experiences while continuing to support academic freedom and freedom of expression. As always, Auburn will act consistently with applicable state and federal law.”

At the University of North Alabama, leaders say the school is well-positioned to adapt to the law. Starting in 2022, the college took a “decentralized” approach to diversity and inclusion staffing and programming, with few employees adopting formalized DEI roles.

“This new approach has been successful in supporting our students as well as the mission of the University,” a spokeswoman told AL.com. “The new model also allows UNA to be well-positioned to adapt to changes that may be required under the new law. We will continue to work with campus stakeholders to ensure UNA maintains its welcoming environment for all students, faculty, and staff.”