Texas Senate Bill 17: Ban on DEI Programs in Higher Education

September 9, 2023 Texas Senate Bill 17 Banning DEI Programs and Practices in Higher Ed Brian L. Evans President, UT Austin AAUP Chapter Interim President, Texas AAUP Conference aaup.texas@gmail.com

Texas Legislature SB 17 takes effect Jan. 1, 2024 Signed into law on June 14, 2023 Senate bills 1-30 have high priority by Lt. Gov. Dan Patrick and are fast tracked through the Legislative process Budget bans all State funds for DEI programs as of Sep. 1, 2023 Senate budget anti-DEI amendment Senate budget has $700M in additional funding for public higher ed if SB 17 and SB 18 on tenure were to become law (budgets are for two years) 2

Banning DEI Programs and Practices (1/3) SB17 modifies Texas Education Code Chapter 51 Subchapter G on Responsibilities of governing boards, system administrations, and institutions Defines a diversity, equity, and inclusion (DEI) office per Sec. 1(a) Influencing hiring or employment practices w/r to race, color, ethnicity or sex Promoting differential treatment to individuals on basis of race, color, or ethnicity Promoting policies or procedures w/r to race, color, or ethnicity Conducting trainings, programs, or other activities designed or implemented in reference to race, color, ethnicity, gender identity, or sexual orientation Bans per Sec. 1(b) DEI offices, officers, programs, practices, and trainings Requirement of, or providing preferential treatment for, a DEI statement Preference on basis of race, sex, color, ethnicity, or national origin to an applicant for employment, an employee, or a participant in any function of institution An employee or third party from performing the duties of a DEI office 3

Banning DEI Programs and Practices (2/3) Exceptions to ban Sec 1(d) Academic course instruction Scholarly research or a creative work Student organizations Guest speakers Enhance student academic achievement or postgraduate outcomes that is designed and implemented without regard to race, sex, color, or ethnicity Data Collection Student recruitment or admissions When applying for grants or complying with terms for accreditation Can submit a statement highlighting the institution s work in supporting first- generation, low-income, and underserved student populations in Sec 1(c) 4

Banning DEI Programs and Practices (3/3) Penalties for faculty, staff, and contractors per Sec 1(b)(2) Policies and procedures developed by each Governing Board Discipline is up to and including termination for any employee or contractor who engages in conduct banned on the previous slide Institutional compliance and penalties Institution may not spend State funds each year until Governing Board certifies compliance per Sec. 1(e) If a state auditor finds an institution out of compliance, and the institution does not get into compliance, the institution loses formula funding increases, institutional enhancements, or exceptional items in the next biennium per Sec. 1(h) Student or employee may sue if required to participate in DEI training per Sec. 1(i) 5

Lots of Questions (1/4) The bill regulates all interactions at a public university or community college and employees face termination if they violate the ban on DEI programs and policies, the latter which are vaguely defined. Given the penalties, faculty and staff will self-censor in their interactions with students to avoid any perception that they might be violating some aspect of the bill. Where s the line not to cross? How do the 76 public Hispanic Serving Institutions (HSIs) and 2 public Historically Black Colleges and Universities serve their diverse populations? Impact on Title V federal grants for HSIs? How will the State reach its workforce development goals? All demographics must be reached. Of 4M people added to Texas population 2010-2020, 95% are people of color Excelenciain Education, A Texas Briefing of 25 Years of HSIs , 2021. 74 public Hispanic Serving Institutions (HSIs) are in Texas. UT Austin and Texas A&M became HSIs after the report issued. Alexa Ura, Jason Kao, Carla Astudilloand Chris Essig, People of color make up 95% of Texas population growth, and cities and suburbs are booming, 2020 census shows , Texas Tribune, Aug. 12, 2021. 6

Lots of Questions (2/4) Research expenditures at Texas public universities and health-related institutions reached $5.44 billion in FY 2020. Of the $5.44B/year, $3B/year is from federal sources and $1B/year from private sources. Increasingly, grant opportunities from the major federal granting agencies in the US require DEI programs and infrastructure. The goal is to keep America s technological and engineering advantage by including every talented person in the STEM workforce. These efforts include all major agencies supporting research in STEM (including the National Science Foundation, National Institutes of Health, Department of Energy, and Department of Defense) and other fields, requiring evidence that grant monies will be used in both innovative research and workforce development and diversification, including DEI. Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective , April 15, 2023. Texas AAUP, Professor Association Responds to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee , May 13, 2023 7

Lots of Questions (3/4) Example: For all grants starting FY 2023, the Dept. of Energy Office of Science ($8B in annual budget) will require applicants to submit a Promoting Inclusive and Equitable Research (PIER) Plan as an appendix to their proposal narrative. PIER Plans should describe the activities and strategies applicants will incorporate to promote diversity, equity, inclusion, and accessibility in their research projects. PIER Plans will be evaluated as part of the merit review process and will be used to inform funding decisions. Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective , April 15, 2023. 8

Lots of Questions (4/4) What provisions under SB 17 will support infrastructure that will satisfy the workforce development requirements of federal and private grant funding agencies. What s the impact on applying and being competitive for grants that require DEI with respect to race, color, ethnicity or sex? $1.5B/year in grants at risk. STEM grants from NSF, NIH, and DoE. Title VI federal grants for international area studies and world languages programs also at risk. Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, How Senate Bill 17 and Banning DEI Jeopardizes University Research Funding: A STEM Perspective , April 15, 2023. Texas AAUP, Professor Association Responds to the Passage of Anti-DEI and Anti-Tenure Bills by the Texas House Higher Education Committee , May 13, 2023 9

Resources on SB 17 Beaman Floyd, Legislative Director, Texas Assoc. of College Teachers, New Laws That Affect You This Fall , Aug. 2, 2023. Recorded Webinar on SB 17 and 18. Texas AAUP Press Release on Passage of SB 17, May 28, 2023 Texas AAUP SB 17 Summary and Analysis Brian Evans, Andrea Gore, Brian Korgel, Diana Marculescu, and Angela Valenzuela, How Senate Bill 17 and Banning Diversity, Equity and Inclusion (DEI) Jeopardizes University Research Funding: A STEM Perspective , Apr. 15, 2023 Op-Ed: Karma Chavez, Opinion: Equity, inclusion, and access don t divide us. They bring us together , Austin American-Statesman, April 16, 2023. Op-Ed: Christine Julien, DEI: What it is and why it matters in engineering , Dallas Morning News, April 1, 2023. 10