What’s Going on with DEI at Texas Public Universities?

Terms to Know

A governing board describes a board of directors appointed by the Texas Governor.

The Texas Higher Education Coordinating Board is the body that oversees higher education policy across the entire state. Think of it like the governing board for all of the universities and colleges in Texas. Everyone on the board is appointed by the Texas Governor.

DEI stands for Diversity, Equity, and Inclusion. DEI encompasses the practice and policies of including the many communities and identities, especially underserved communities. “Underserved communities” refers to those who have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life.

A DEI office is a place within a higher education institution that fosters belonging and provides resources for people of marginalized identities.

Brief Overview

Under Texas Education Code, section 51.3525, Texas public colleges and universities cannot engage in DEI activities nor hold DEI offices on campus. The law considers any office, division, or other unit of an university a “DEI office” if it is established for the following:

• “Influencing hiring or employment practices at the institution in reference to race, sex, color, or ethnicity”

• Promoting differential treatment of or providing special benefits to individuals on the basis of race, color, or ethnicity.

• Promoting policies or procedures designed or implemented in reference to race, color, or ethnicity

• Conducting trainings, programs, or activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation.

In addition, SB 17 bans any employees that carry out DEI services, the requirement of DEI statements in faculty hiring processes, and requiring DEI trainings for either faculty or students.

The law empowers the Texas State Auditor and each university system’s Board of Regents, faculty, and students to police each campus for any potential violations. First, the Texas State Auditor will comb through the university’s budget to make sure that that the institution has not spent any money on anything that could be considered “DEI.” Second, the Board of Regents must sign off to the Legislature every year that each campus did not engage in DEI activities, a requirement for a university to receive state funding. Lastly, students and faculty can sue their college or university alleging that their institution engaged in DEI activities or maintains a DEI office.

Although there would be no punishments on students for engaging in DEI activities (see exceptions), the law does punish those who dare to engage in DEI. When confronted with a violation, the university has 180 days to abide by the anti-DEI law or face punishments, including losing state funding. For faculty, staff, and employees, the Board of Regents have the sole power to create and impose penalties on them, including firing.

Exceptions

The ban on DEI activities described above does not apply to:

1. academic course instruction

2. scholarly research and creative work by students, faculty, or research personnel

3. recognized student organizations

4. guest speakers or performers

5. programs that enhance academic achievement and/or postgraduate success

6. data collection

7. student recruitment or admissions

The law has made it clear that higher education institutions cannot stop an institution or employee from submitting grant or accreditation statements related to DEI compliance. This provision is important because it ensures that first-generation college students, low-income students, student veterans, and underserved student populations are safeguarded. Furthermore, this rule promotes equal opportunities for all students to succeed.