Update: The bill was signed into law March 20.
After days of lengthy debate, an effort to ban diversity, equity and inclusion programs in Alabama state institutions will now head to the governor’s desk.
The bill, SB129, authored by Sen. Will Barfoot, R-Pike Road, asks for sweeping changes or cancellations to state agencies and public colleges that currently fund DEI offices and programming. It is not clear yet whether the bill will force some state colleges, which support a combined $16 million in diversity spending, to lay off staff.
The bill bans any program that “advocates for a divisive concept.” It also would prohibit higher education institutions from allowing individuals to use a restroom that is different from their sex as assigned at birth.
The House of Representatives passed an amended version of the bill on March 7. The Senate approved the changes Tuesday afternoon on a 25-4 vote. It will now head to Gov. Kay Ivey’s desk; if signed, changes go into effect Oct. 1.
Tuesday evening, the ACLU of Alabama called the legislation a “blow for the activists, students, and everyday Alabamians” who protested the bill and others throughout the legislative session.
Public colleges also are preparing for changes on campuses. In a message to students and faculty Tuesday evening, presidents of the University of Alabama System’s three campuses said leadership and legal counsel are working to determine what actions the campuses will need to take to ensure their programs are in compliance with the law, if the bill is signed by Ivey.
“It is important to note that SB 129 defines divisive concepts and DEI programs in specific terms, and it offers several exceptions for accreditation requirements, academic freedom, medical and mental health care, research, recruiting and outreach, and a host of other areas. Please look to official university communications for guidance as we continue to assess the legislation,” the statement read.
“We recognize differences strengthen our campuses and help us successfully prepare students to live and work in a global society. We remain committed to recruiting and retaining outstanding students, faculty and staff from all backgrounds, providing open and equal access to resources and opportunities, and equipping all campus community members for success at our universities and beyond.
What would the bill do?
“Divisive concepts” bills first emerged after a 2020 Executive Order from former President Donald Trump, which targeted diversity trainings in government institutions and took aim at critical race theory, a 50-year-old legal concept typically taught in law school classes.
Alabama’s bill, which originated in 2021, has been moving swiftly through the legislature this year – unlike previous versions that never reached final passage.
On the stand this winter, supporters said the bill was meant to fight against “indoctrination” in classrooms, but gave few examples of where that was occurring on college campuses. The bill’s former sponsor, Rep. Ed Oliver, R-Dadeville, also claimed the costs of DEI programs in the state were too high for the efforts to be considered effective.
The original legislation listed nine so-called “divisive concepts,” with most covering topics related to race, ethnicity, sex, religion and national origin.
After debate on the Senate floor last month, the bill will no longer prohibit college staff from discussing whether slavery and racism are aligned with the founding principles of the United States.
It will add specific protections for women’s sports, the state Office of Minority Affairs, funding for student and staff organizations, and would add “sex” to the list of protected classes in places where it was omitted.
Recent changes, which were approved on Tuesday, more clearly define the role of a contractor and protect those individuals from termination if they violate the law by accident. Another amendment ensures that nothing in the bill would infringe on First Amendment rights of students or employees.
The bill also says it will not impede federal reporting requirements or support services, prohibit housing or organizations that are segregated by sex, or affect student group activities or “certain circumstances relating to accreditation.”
Students or staff may host a DEI program or event, it added, but must not use state money to fund it.
Impact on schools, colleges
According to the Chronicle of Higher Education, at least 22 states have introduced legislation targeting college diversity and inclusion efforts as of July 2023.
In Florida and Texas, some colleges have already terminated dozens of DEI positions and have threatened funding for student groups. Other campuses in those states have managed to keep staff positions by changing the names of diversity and inclusion programs.
In Alabama, at least eight public colleges have a specific office dedicated to diversity and inclusion efforts. Combined, the institutions reported at least $16 million in spending on wide-ranging diversity efforts, including student and staff recruitment, improving graduation rates, and supporting cultural events and programs on campuses.
A petition created by students at the University of Alabama at Birmingham to oppose SB129 has gained nearly 6,000 signatures as of Tuesday evening. At UA, after nearly 200 students rallied in support of the school’s DEI programs, the student government passed a resolution opposing the bill.
Students protest a bill that would ban certain diversity, equity and inclusion programs from Alabama government-funded organizations Wednesday, Feb. 28, 2024, at the University of Alabama in Tuscaloosa. Rebecca Griesbach/AL.COM.rebecca griesbach
Some college students said the bill would threaten programs that helped female students get jobs, and made accommodations for veterans and international students. Others said their professors are terrified of losing their jobs. Students also worried about the future of HBCUs in the state.
“They want to bring back Jim Crow,” Sean Atchison, a University of Alabama senior, said at a recent rally in Montgomery. “They are determined to put us back in the ‘60s, and we won’t stand for it.”
In statements to AL.com representatives for Auburn University and the University of Alabama System did not confirm whether any positions on their campuses will be terminated, but said they will continue to work with legislators and act consistently with the law.
“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,” an Auburn spokeswoman said in a statement.
“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.”
A University of Alabama System spokeswoman told AL.com that each of its campuses are “dedicated to our mission of providing exceptional educational, research and patient care experiences to all people, of all backgrounds, in welcoming environments that foster open thought, academic freedom and free expression.”
“We are committed to providing resources and opportunities that are accessible to all and will continue to work with the legislature as we equip our campus community members for success at our universities and beyond,” she said.
The Alabama State Department of Education, which already has a resolution banning so-called critical race theory in the state, has not responded to a request for comment on how the bill would affect local K-12 schools.
No public school systems appear to have a DEI office or dedicated DEI staff. However, some educators are worried that the bill could impact student groups and create a chilling effect on classroom instruction.
In a statement earlier this month, Montgomery Public Schools Superintendent Melvin Brown said the bill could also thwart efforts of local educators, who work hard to “create a culture of belonging,” and ensure their classrooms allow students to feel safe and prepared for a changing world.
“Given the historical context of our country’s experiences, we must be honest about who we have been, who we are, and who we want to be,” the statement read. “Everyone deserves to see that he or she is reflected in and celebrated by our society.”