How these 9 states’ anti-DEI laws will impact college campuses

Restricting diversity, equity and inclusion programs on college campuses is hot, so much so that 81 anti-DEI bills have been proposed since 2023.

From Florida whose anti-DEI bills expand on its ‘Stop WOKE Act’ to Alabama’s new law prohibiting ‘indoctrination of certain beliefs about race, class, gender or sexuality’, 11 of these bills throughout the country are now law, affecting higher learning institutions in nine states.

“DEI programs recruit and retain BIPOC, LGBTQ+ and other underrepresented faculty and students to repair decades of discriminatory policies and practices that excluded them from higher education,” Leah Watson, a senior attorney for the ACLU wrote in a statement.

According to a tally by the Chronicle of Higher Education, anti-DEI bills targeting college programs have been introduced in 28 states and in Congress since the start of 2023.

Anti-DEI laws sweeping the country will largely impact all parts of how colleges and universities function, including faculty hiring and curriculum to on-campus student organizations and programs that will face restrictions or elimination if they focus on race, color, sex, national origin, gender identity or sexual orientation.

With new anti-DEI laws taking effect daily, Reckon has broken down how these nine states’ anti-DEI legislation will impact colleges and universities.

Florida

While Florida signed two anti-DEI bills into law last May, public colleges and universities are now facing the effects of the legislation.

The first law prohibits colleges and universities from “requiring the completion of a political loyalty test or for persons to meet certain qualifications” based on race or ethnicity. The legislation bars schools from asking current or would-be employees to state support for the idea that the nation’s systems and institutions “are racist, oppressive or otherwise unjust.”

One of Florida’s most popular passed anti-DEI bills, the Higher Education Censorship and Government Control bill, is not only being called as an expansion of the ‘Stop WOKE Act’ but the NAACP also cited it as a reason why Black student-athletes should reconsider attending Florida colleges and universities.

The Higher Education Censorship and Government Control bill dictates curriculum, creates education requirements prioritizing neoclassical education focused on Western European civilization and prohibits fields of study involving race and gender studies, as well as the use of state funds for any DEI programs. Earlier this month, the University of Florida closed its Office of the Chief Diversity Officer, eliminating 13 full-time DEI positions and 15 administrative appointments.

North Carolina

In North Carolina, an anti-DEI bill took effect in December targeting anti-bias training for state employees. The new law banned state agencies, ranging from the prison system to public colleges and universities, from asking employees or prospective hires to state their opinions — or take any action — regarding “matters of contemporary political debate or social action.”

This bill was vetoed by North Carolina Gov. Roy Cooper, a Democrat, who said the legislation “attempts to eliminate training that can help us understand the unconscious bias we all bring to our work and our communities.” But later the North Carolina General Assembly overrode the governor’s veto.

Alabama

While Alabama introduced two anti-DEI bills, only one passed and went on to be signed into law by Gov. Kay Ivey, a Republican.

Earlier this month, the state of Alabama enacted a no indoctrinationbill that would prohibit public colleges and universities from “sponsor[ing] any DEI programs,” defined as any program where participation is determined “based on identity group.”

While this law has not taken effect, experts say it could ban recognition or funding for Black student unions at public universities, including at Alabama’s eight public HBCUs.

Tennessee

Tennessee enacted a bill last May that prohibits any public institution of higher education, local education agency, public charter school, the state board of education and the Department of Education from requiring an educator, faculty member or employee of a public institution of higher education to complete or participate in implicit bias training.

While the new law hasn’t taken effect yet, it will prohibit adverse licensure and employment actions from being taken against such an individual for the individual’s failure or refusal to participate in implicit bias training.

Texas

Since 2022, Texas lawmakers have introduced seven anti-DEI bills but only two have been signed into law.

Passed as a part of Texas’ statewide 2024-25 budget, one anti-DEI law bans colleges and universities from spending state-appropriated funds on DEI efforts, programs and training that do not comply with sections of the state constitution regarding equality under the law based on characteristics such as sex and race. This law has not gone into effect.

In 2023, Texas also enacted a bill that requires a public colleges and universities board of trustees to approve the hiring of top administrators as well as core courses and job postings. The board of trustees must also submit an annual report confirming that the institution does not require diversity statements or has a DEI office or any DEI employees.

Utah

While Utah lawmakers tried to pass four anti-DEI bills between 2023 and 2024, only one was successful.

The state’s new law will take effect on July 1, 2024, and requires all public colleges and universities, public K-12 schools and any government institution with DEI programs in Utah to change their DEI programs to focus on general “student success and support.

The bill prohibits offices from engaging in “differential treatment” or preference based on race or gender and prohibits colleges from requiring a student or employee to participate in training or developing offices that promote differential treatment based on a person’s race, sex, color, ethnicity, sexual orientation, national origin, religion or gender identity.

Indiana

Indiana’s Higher Education Bill passed into law on March 13, 2024, requiring the boards of trustees over public colleges and universities to establish policies where faculty members can not receive tenure or promotions if they have not encouraged “free expression and intellectual diversity,” or teaches students political views unrelated to their discipline.

The new bill amends an existing law by requiring public colleges and university boards’ diversity committees to “make recommendations to promote recruitment and retention of underrepresented students,” with the word “underrepresented” replacing the word “minority” in the current law.

North Dakota

North Dakota enacted a Specified Concepts anti-DEI bill that went into effect last August.

This new law has banned mandatory diversity training and the use of diversity statements in hiring at public colleges and universities. The Specified Concepts anti-DEI bill also prevents higher learning institutions from asking about the “ideological or political viewpoint” of students, prospective employees or those being considered for a promotion or tenure.

Wyoming

As a part of a budget amendment this month, the state of Wyoming decided to stop state appropriations for any DEI program, activity, or function at the University of Wyoming.

The budget will reduce the universities block grant by $1.73 million for its Office of DEI. The law will go into effect July 1, 2024.