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BACKGROUND

NABA Inc.’s mission is to engage, empower and educate Black Business Leaders and institutions, fostering a platform that educates minds and elevates voices.

The recent passing of the Florida House of Representatives bill 999 (HB99) and the Florida Senate bill 266 (SB266) necessitate that we engage broadly to inform NABA Nation and our stakeholders at large regarding the impact on NABA Nation. This bill and others that are making their way to state legislatures have the potential to disrupt our ability to operate our college chapters and have caused great consternation among our students, faculty, and professional members.

Additionally, in the past several months, Texas, North Dakota, and Tennessee have passed bans on DEI in public colleges and universities. 19 other state legislatures are also considering similar bills, with varying degrees of success (see Appendix 1 for a full list of legislative actions by state).

These recent legislative actions have introduced restrictions on state colleges, universities, and their direct-support organizations. These measures prevent the use of state or federal funds to advocate for diversity, equity, and inclusion (DEI), and prohibit major and minor programs related to “Critical Theory.” Moreover, these laws preclude professors’ and teachers’ from discussing “controversial” topics like DEI in the classroom.

Consequently, these limitations may curtail the ability of higher education institutions to extend resources and support NABA, Inc. members. As a result, NABA chapters are faced with obstacles that hinder their ability to flourish, impeding the comprehensive leadership development of a diverse array of Black Business Leaders across the entire spectrum of our Theory of Change.

DEI LEGISLATION EFFORTS BY STATE

  • House Bill 7 originally introduced March 7, 2023
  • Sponsored by Rep. Ed Oliver
  • There has been no action on this bill since it
    was re-introduced on April 12, 2023
  • Low media attention
  • SB 1694, introduced Feb. 1, 2023
  • Sponsored by State Sens. Jake Hoffman, Sonny Borrelli, Anthony Kern, Justine Wadsack
  • The bill would prohibit public colleges from requiring employees to “engage in” diversity, equity, and inclusion programs; spend money on DEI programs; contract with a company that participates in a DEI program; or conduct a DEI program or hire a DEI staff member. On April 4, the bill passed the Arizona House Rules Committee
  • Bill has passed the Arizona House Rules Committee; narrowly failed in its third reading in the House on May 15, 2023
  • Medium media attention
  • Senate Bill 71 introduced January 1, 2023
  • Sponsored by Sen. Dan Sullivan
  • Bill proposed to remove many references to terms such as “civil rights,” “diversity,” “minority,” “affirmative action,” and others throughout Arkansas code.
  • Bill proposes to remove initiatives that promote diversity among teachers and in educational programs and prohibit “preferential treatment” of any race or ethnicity.  The bill covers state, city, and county governments, as well as public school districts.
  • On April 5, bill failed in the House and was sent back to the Senate
  • Low media attention
  • On January 10, 2023, Gov. Sarah Huckabee Sanders executed Executive Order 23-05, which directed the State Department of Education to review its rules and regulations to identify possible “indoctrination” of students with ideologies such as Critical Race Theory, and to prohibit such activities by employees, contractors, speakers, and lecturers.
  • Executive Order 23-05 was codified into the LEARNS Act signed by Gov. Sanders on March 8, 2023, which amend provisions in state law relating to early childhood through K12 education in the state.
  • SB 261 introduced Feb. 27, 2023
  • Sponsored by Sen. George Dolezal
  • Bill would prohibit public colleges from using “political litmus tests” in admissions or promotions
  • Died in committee
  • Low media attention
  • HB 1338 introduced Jan. 17, 2023
  • Sponsored by State Rep. Shane Lindauer
  • Bill appears to have been tabled
  • Medium media attention
  • House Study Bill 218/HF 616, introduced on March 3, 2023
    • Sponsored by the Education Committee
    • This bill would prohibit public colleges from spending money to establish or support a diversity, equity, and inclusion office or hire diversity, equity, and inclusion officers. The bill was replaced by House File 616, introduced on March 3.
    • Bill appears to have been tabled as of May 19
    • Low media attention
  • Senate File 81, introduced on January 17, 2023
    • Sponsored by Sandy Salmon
    • The bill would prohibit colleges from using a variety of concepts related to racism and sexism as part of mandatory diversity and inclusion trainings
    • Bill appears to have been tabled as of May 19
  • Introduced as an addendum to the budget on March 2, 2023
  • Introduced by Sen. JR Claeys – bans diversity statements communities.
  • The state’s Democratic governor, Laura Kelly, used a line-item veto to reject the provision on April 20 and legislators in the House were not able to override it.
  • Medium media attention
  • HB 489 filed Dec. 20, 2022
    • Sponsored by Reps. Ben Baker, Cheri Toalson-Reisch and Ann Kelly
    • Bill currently not on House calendar
    • Medium media attention
  • SB680, filed Feb. 17, 2023
    • This act prohibits state colleges and universities from enforcing a “discriminatory ideology”, defined in the act as an ideology that promotes the differential treatment of any individual or group of individuals based on immutable characteristics of race, color, religion, sex, gender, ethnicity, national origin, or ancestry.
    • Bill received second reading in committee in early April, no movement since then
    • Medium media attention
  • SB 222 was introduced January 26, 2023
  • Introduced by Sen. Jeremy Trebas
  • The bill would prohibit state employees from being required to attend diversity training as a condition of employment
  • On May 8, the bill failed to pass a standing committee in the House.
  • Low media attention
  • SB 364
  • Sponsored by Sen. Warren Daniel
  • The Senate bill would ban all parts of state government — not just higher education — from requiring employees to state their opinions on political or social issues. It would also ban human resources training programs from touching on a dozen broad types of ideas related to sexism,
  • Senate Bill 364, Nondiscrimination & Dignity in
    State Work, passed the Senate Judiciary
    Committee on April 26.
  • Medium media attention.
  • SB 2447 introduced on Jan. 13, 2023
  • Sponsored by Sens. Bob Paulson, Randy Lemm
  • Signed into law by Gov. Burgum on April 24
  • Medium media attention
  • SB 83 introduced March 14, 2023
  • Sponsored by Sen. Jerry C. Cirino
  • The bill would ban mandatory diversity training, ban diversity statements from being used in hiring or admissions, and prevent institutions from accepting donations from individuals or institutions based in China. This bill would also require colleges to institute new post-tenurereview policies, use specific, state-mandated language in their mission statements, and post all course syllabi on their websites. The legislation could jeopardize diversity, equity, and inclusion offices.
  • SB 83 passed in the Senate May 17; now with the House
  • SB 870 introduced Jan. 1, 2023
  • Introduced by Sen. David Bullard
  • Still in committee; little movement since being introduced
  • Low media attention
  • HB 2430 and HB 2475 introduced Jan. 9, 2023
  • Introduced by Rep. Boomer Wright/Rep. Kim Wallan
  • Both bills would prohibit public educational institutions in the state from discriminating against or favoring any individuals because they are part of a certain group. Colleges would be prohibited from spending public money on prohibited purposes, including providing advantages to some students based on their membership in a group. The bill would also prohibit colleges from compelling students to express beliefs that favor a group as “inherently superior.”
  • Neither bill has been acted on or have scheduled actions since early January
  • Medium media attention
  • HB 4290 and HB 4289
  • HB 4290 – On April 6, State Reps. Josiah Magnuson, Adam Morgan, T. Alan Morgan, Jordan Pace, Robert May, and John Gregory Kilmartin, all Republicans, introduced a bill that would require colleges to submit annual reports on DEI spending, and, among other things, ban mandatory diversity training and diversity statements.
  • HB 289 – On April 6, State Reps. Timothy McGinnis, Shannon Erickson, and Nathan Ballentine, all Republicans, introduced a bill that would ban diversity statements from consideration for hiring and admissions purposes.
  • Both bills were referred to the House Committee on Education and Public Works
  • HB 4290 has received 19 additional sponsors since going to committee
  • SB 102 and HB 0158 introduced Jan. 11, 2023
  • Introduced by Sen. Todd Gardenhire and Rep. Jason Zachary
  • The bill ends mandatory implicit bias training for LEAs and public charter schools
  • On April 21, the House and the Senate substituted companion bills. On the same day, the House voted 71 to 22 and the Senate voted 24 to 5 to pass SB 102. On April 28, SB 102 was enrolled and ready for signatures. On May 3 it was signed by the Senate speaker, and on May 5 it was signed by the House speaker. On May 9, the bill was sent to the governor’s desk. On May 17, SB 102 was signed by the governor.
  • Low media attention
  • Texas Senate bill 17 (SB 17) passed the Texas legislature in 2023, and became effective in January, 2024.   The bill generally prohibits public colleges and universities in Texas from maintaining offices or staff dedicated to promoting diversity, equity, and inclusion initiatives on campus. It also restricts the use of “DEI statements,” DEI-related employee training and student programming, and other similar activities.  Academic instruction, scholarly research, creative works, activities of registered student organizations, and other activities are exempt from the law’s prohibitions.
  • SB 17 prohibits DEI offices or programs; passed Senate 5/19 and House 5/22; needs reconciliation
  • SB 18 sets limits on tenure; passed Senate 4/20 and House 5/22; needs reconciliation
  • Senate Bill 2313 / House Bill 5001 – On March 10, State Sen. Bryan Hughes, a Republican, introduced a bill that would prohibit colleges from requiring diversity training as a condition of enrollment or course registration. On the same
    day, State Rep. Steve Toth, a Republican, introduced House Bill 5001, an identical bill to SB 2313.
  • House Bill 5127/Senate Bill 17 – On March 10, State Rep. Matt Shaheen, a Republican, introduced a bill that would require a public institution’s board of trustees to approve the hiring of top administrators, approve core classes, approve job postings, and submit an annual report confirming that the institution does not require diversity statements or have an office of diversity, equity, and inclusion or any DEI employees. The bill would also mandate specific language that institutions must use in their mission statements.
  • On the same day, State Sens. Brandon Creighton, Donna Campbell, Phil King, Lois Kolkhorst, Mayes Middleton, Tan Parker, Angela Paxton, Charles Schwertner, and Drew Springer, all Republicans, introduced a companion bill, Senate Bill 17. SB 17 passed the Senate on April 19. A public hearing on the bill was held in the House on May 8 and 9; a substitute that would allow some diversity, equity, and inclusion efforts, required for federal grants or accreditation, was considered in committee on May 8. SB 17 was placed on the calendar for discussion in the House on May 19.
  • House Bill 5140 – On March 10, State Rep. Briscoe Cain, a Republican, filed a bill that would prohibit the consideration of race or ethnicity as a factor in higher-education admissions, among other things. On March 24, the bill was referred to the House Committee on State Affairs.
  • House Bill 3164 – On March 1, State Reps. Carl Tepper, Candy Noble, Jacey Jetton, Jared Patterson, and Giovanni Capriglione, all Republicans, introduced a bill that would prohibit diversity, equity, and inclusion offices and employees at public colleges. The bill was referred to the House Higher Education Committee on March 15.
  • House Bill 571 – On Jan. 25, State Rep. Michelle Carringer, a Republican, introduced a bill that would prohibit colleges offering health-carerelated degrees from requiring diversity, equity, and inclusion training or education as a condition of admission, or for the issuance of a student’s degree. Carringer took the bill off notice on March 13, meaning that the bill will not be reviewed by the Higher Education Subcommittee of the House Standing Committee on Education Administration. Senate Bill 0603, an identical bill in the Senate, is sponsored by Joey Hensley, a Republican. The Senate bill was assigned to the General Subcommittee of the Senate Education Committee on March 22.
  • House Bill 1 – On Jan. 18, State Rep. Greg Bonnen, a Republican, filed a bill proposing the state’s 2024-25 budget. The bill includes a provision that would ban colleges from spending state-appropriated funds on diversity, equity, and inclusion efforts. The bill was passed by the House on April 6 and passed by the Senate on April 17. It is now back in the House, where lawmakers must decide whether to accept amendments made to the bill by the Senate.
  • House Bill 1046 – On Dec. 19, 2022, State Rep. Carl Tepper, a Republican, introduced a bill that would ban colleges from mandating diversity statements as a condition of admission or employment for students or employees. The bill was referred to the House Higher Education Committee on March 2.
  • House Bill 1006 – On Dec. 13 2022, State Rep. Carl Tepper, a Republican, introduced a bill that would prohibit the funding or promotion of any diversity, equity, or inclusion office. The bill was referred to the House Higher Education Committee on March 2.
  • HB 451 and SB 283 introduced Feb. 13, 2023
  • Introduced by Rep. Katy Hall and Sen. John Johnson
  • Hall’s bill failed in the House, following that, Johnson pulled his bill from consideration
  • Low media attention
  • HB 3503 introduced Feb. 14, 2023
  • Introduced by State Dels. Chris Pritt, Elias Coop- Gonzalez, Caleb Hanna
  • Bill failed to pass before the end of the legislative session
  • Low media attention

STATES TO WATCH

  • HB 437, introduced Jan. 2022, died in committee in Feb. 2022
  • The Teaching Racial and Universal Equality (TRUE) Act would prohibit critical race theory from inclusion in public school curriculum.
  • In early April 2023, the Mississippi Office of the State Auditor asked public universities in the state to detail spending on diversity, equity and inclusion initiatives, the latest attempt by officials to mimic Republican efforts across the country that take aim at “woke” policies.
  • The request, obtained by Mississippi Today, was sent via email last week to public universities by Laura Gray, an employee in the office’s Government Accountability Division. Gray wrote that White’s office “is conducting a performance review of the diversity equity and inclusion (DEI) programs/ activities administered by Mississippi’s public universities.”
  • Gray’s email instructed universities to fill out an attached spreadsheet, send it back to her and copy Casey Prestwood, an associate commissioner at the Institutions of Higher Learning (IHL), by April 20.
  • IHL is the governing board for Mississippi’s eight public universities. Kim Gallaspy, IHL’s interim communications director, said IHL’s role is to provide the auditor’s office, which initiated the review, with information.
  • Fletcher Freeman, a spokesperson for the auditor’s office, told Mississippi Today that the request was inspired by Gov. Ron DeSantis’s review of diversity, equity and inclusion programs at public universities in Florida earlier this year.
  • Louisiana lawmakers are reexamining progressive programs in the state’s educational institutions, including content related to Diversity, Equity and Inclusion (DEI) and Critical Race Theory (CRT).
  • Rep. Valarie Hodges, R-District 64, introduced HR 13, which would require all public schools and universities to submit a report about DEI, CRT, and social-emotional learning programs.
  • The report would require information about the programs’ purpose, staff and funding to be given to the legislature no later than Oct. 31.
  • Rep. Beryl Amedée, R-District 51, who is currently assigned to the House Education Committee, says her constituents are worried about the controversial topics being taught in schools.
  • The Louisiana Republican State Central Committee, the governing body of the state’s GOP, also signaled that Republican voters are in favor of banning DEI programs from higher education.
  • Assembly Speaker Robin Vos on Friday called for cutting about $14 million in funding for University of Wisconsin System positions focused on diversity, equity and inclusion, saying those workers are “burrowed in like a tick on every single college campus.”
  • Vos, R-Rochester, told conservative WISN-AM radio host Jay Weber that he’s open to cutting more funding, saying the nearly $14 million only reflected positions explicitly mentioning diversity, equity and inclusion, “not the funding that actually implements much of their left-wing agenda.”
  • Vos said the university system’s diversity, equity and inclusion (DEI) offices have contributed to the racial divide.
  • Vos’ comments came as Republicans began rewriting Democratic Gov. Tony Evers’ proposal for the state’s two-year spending budget, cutting programs and measures they’re against and offering alternatives.

EDUCATE. ELEVATE

The Educate. Elevate public awareness campaign is demonstrating a proactive stance by creating a national coalition of like-minded organizations.

This coalition comes together with a common objective of building a nonpartisan movement addressing diversity, equity, and inclusion (DEI) initiatives throughout the country.

The Educate. Elevate campaign has a central focus on safeguarding and supporting institutions that serve Black Business Leaders. The campaign reinforces NABA’ s mission of empowering Black Business Leaders through a dynamic multimedia initiative, leveraging social media, online platforms, and traditional media outlets to raise awareness about the significance of empowering our students and professionals and elevating awareness around issues that impede their ability to achieve the best version of themselves. NABA chapters will be equipped with essential training and resources to inform stakeholders and foster a supportive network, strengthening the efforts toward the empowerment of Black Business Leaders and institutions.

GET INVOLVED

Be a part of the Educate. Elevate campaign.

Join the coalition and play a crucial role in bolstering NABA Inc. and its partners’ ability to deliver on our mission as a Black institution.

Let’s work towards a brighter and more equal future for America, ensuring access to education that reflects the contributions and lived experiences of all Americans. Together, we will drive upward mobility and close the wealth gap for Black communities.

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