DEI language stricken from Senate bill

Some concerned state’s restrictions on diversity, equity, inclusion could endanger university accreditation

TALLAHASSEE — In January, Gov. Ron DeSantis called on Florida lawmakers to overhaul the state’s higher education system with a clear target in mind: diversity, equity and inclusion programs.

Shortly after, Republican lawmakers in the House and Senate introduced bills that would have barred state universities and colleges from spending any money on programs that promote “diversity, equity and inclusion or critical race theory.”

But on Wednesday, a key Senate panel approved a complete rewrite of one of those bills — SB 266, the companion to HB 999 — and scrubbed any references to “diversity, equity and inclusion.” One of the concerns was that the restrictions on those initiatives could potentially endanger the accreditation of certain higher-education courses and programs.

Now, the Senate bill limits spending on a broader set of themes, and universities would be required to ensure programs do not delve into “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities.”

While DeSantis and his Republican allies have placed much of the focus on diversity and equity programs, the proposed legislation is sweeping and also makes changes to state universities’ hiring practices and accreditation protocols, and could make it harder for faculty members to maintain tenure or reverse a termination.

The changes were approved by the Senate Appropriations Committee on Education on a party-line vote during a two-hour hearing that included dozens of students, faculty and union representatives speaking in opposition to the bill.

A key provision in the proposal, for example, would give university presidents the authority to fire and hire faculty. While they would be allowed to delegate those decisions to deans, the bill specifies that they would not be required to take into account others’ opinions. Currently, deans, department chairpersons and faculty committees make most of those hiring decisions.

Initially, the proposal sought to largely leave all hiring decisions to each university ’s politically appointed board of trustees. But lawmakers voted to shift that authority.

The measure, however, adds more hurdles for faculty members. If they are stripped of tenure or fired, they would not be allowed to appeal the decision beyond the level of the university president, and there would be no arbitration option.

“There’s going to be some question of whether that’s legal and how well that would hold up in court,” said Andrew Gothard, president of the statewide union, United Faculty of Florida. “But even beyond the sort of technicalities of that, what we’re seeing is the continued efforts of the Legislature to enforce Governor DeSantis’ big government version of how Florida should operate.”

DeSantis and Republican allies earlier this year sought to eliminate diversity, equity and inclusion programs in higher education because they say those programs “force exclusion and division.”But the reference to that terminology was removed because there were concerns that restricting diversity, equity and inclusion measures at universities could potentially endanger the accreditation of some courses and programs, said the bill sponsor, Sen. Erin Grall, R-Vero Beach.

Senate Minority Leader Lauren Book, D-Plantation, raised concerns about education accreditation courses for mental health professions that require curriculum on diversity, equity and inclusion.

Grall maintained that the bill would not impact their accreditation, in part, because the bill now “does not specifically address DEI.”

“It is encouraging to see the Legislature taking up this important topic and joining the conversation that the governor began with his legislative proposals for higher education reform in Florida. The governor is committed to ensuring that the DEI and CRT (critical race theory) bureaucracies are cut off and wither on the vine,” said Jeremy Redfern, a spokesman for the governor. “This legislation is still part of the legislative process, but we look forward to it reaching the governor’s desk in final form.”

Under the proposed legislation, universities would be required to review curriculum and ensure their programs align with the state’s mission of not teaching about “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities.”

While the term DEI is not mentioned in the bill anymore, some worried the proposal is now even broader and in practice, could have a greater impact. That’s because the new phrasing leaves room for interpretation.

Martha Schoolman, an associate professor of English at Florida International University, worries the goal of the proposal aims to turn all of the state’s public universities into New College of Florida, which DeSantis and his allies are spearheading a conservative takeover.

“As a professor, I find it upsetting that the state Legislature is using the state university system as a political plaything with so little regard to its long-term consequences,” Schoolman said.