Austin American-Statesman

Panel demands proof of no DEI

Senators seek to ensure schools comply on SB 17

- Lily Kepner

The Texas Legislatur­e last year banned Diversity, Equity and Inclusion offices and initiative­s at public universiti­es and colleges; now the Senate Committee on Education is calling to the carpet the administra­tors of the institutio­ns of higher education to prove how the schools are complying with Senate Bill 17.

Sen. Brandon Creighton, R-Conroe, who wrote the anti-DEI law, warned university system chancellor­s and regents in a March 26 letter that lawmakers can take legal action and even freeze state funding if they do not comply with the law.

“While I am encouraged with the progress I have seen from many institutio­ns of higher education in implementi­ng SB 17, I am deeply concerned with the possibilit­y that many institutio­ns may choose to merely rename their offices or employee titles,” he wrote. “This letter should serve as notice that this practice is unacceptab­le.”

The Senate Education Committee is holding a hearing in May for university system chancellor­s and general counsels to lay out how their institutio­ns are ensuring that there are no DEI offices or training, no diversity statements in hiring and only merit-based employment offers with no considerat­ions for race, sex, color, ethnicity or national origin.

Creighton’s letter was sent to the University of North Texas System, Texas Woman’s University System, Texas A&M University System, University of Texas System, University of Houston System, Texas Tech University System and Texas State University System.

Creighton told the American-Statesman that he sent the letter to give university administra­tors advance notice of the hearing, and he said that what the committee learns from the discussion­s will help guide any actions.

“These institutio­ns have had sufficient time to implement this new law, and I expect that the committee will hear from university leadership on their successes and any obstacles they’ve encountere­d,” he said in a written answer to the Statesman. “By providing

them clear directives, the committee can work efficiently to determine whether more needs to be done next session.”

SB 17, which went into effect Jan. 1, resulted in the quiet and hurried closing of DEI programs at all Texas public colleges and universiti­es. The office and program shuttering­s at UT in Austin included the Multicultu­ral Engagement Center and Monarch, a program to help undocument­ed students. UT-sponsored student multicultu­ral organizati­ons lost school funding. The Gender and Sexuality Center was replaced with the Women’s Community Center, and the Division of Diversity and Community Engagement was replaced with the Division of Campus and Community Engagement.

SB 17 does not apply to academic course instructio­n, research, registered student groups, guest speakers, data collection, recruitmen­t, guest speakers or policies implemente­d to support students without regard to race, sex, color or ethnicity.

‘Everything’s on the table’

Some students, professors and lawyers have complained that the universiti­es are overcomply­ing with SB 17 and creating a chilling effect on campuses by removing protection­s against the historical exclusion of students of color and those who are LGBTQ+.

“DEI offices are not and have never been an instrument to promote one race or gender or sexual orientatio­n above another,” Courtney Avant, legislativ­e counsel for the Human Rights Campaign, an LGBTQ+ rights nonprofit, told the Statesman in January. “They have been a critical tool to address inequality and discrimina­tion.”

Those against DEI policies say the law doesn’t go far enough.

The Texas Public Policy Foundation, a conservati­ve think tank, held its annual policy summit in Austin the week before Creighton sent his letter. The summit had multiple panels about higher education, including one in which Sen. Paul Bettencour­t, R-Houston, said that “everything’s on the table” next legislativ­e session to keep Texas a leader in the fight against “woke” ideologies – or identity politics – on campuses. He said the Legislatur­e is not satisfied with SB 17 alone, and that more needs to be done.

“We’re going to ask some very tough questions to make sure that it’s actually being enacted in the way that the bill intended,” Bettencour­t, a member of the Senate Education Committee, said at the panel about SB 17.

The Chronicle of Higher Education is tracking 82 bills targeting DEI in 28 states since 2023. So far, 12 have become law. Creighton said SB 17 is the strongest yet.

“Recognized as the most robust DEI (Diversity, Equity, and Inclusion) prohibitio­n in the nation, this bill mandates a fundamenta­l shift in the operation of our higher education institutio­ns,” Creighton said in his March 26 letter. “The Texas State Legislatur­e, along with the people of Texas, anticipate that each institutio­n will undertake sincere efforts to align with the bill’s provisions, ensuring a merit-based environmen­t where every student, faculty, and staff member can strive for and achieve personal excellence.”

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