On July 1st a new Florida law was put into effect, which will impact education at the University level. The law in question is derived from Bill SB 266 and was first introduced to the Florida Senate on February 2nd, 2023, and officially passed and signed by Governor Ron DeSantis on May 15th, 2023. Since its introduction to the Florida Senate controversy has surrounded this bill for a specific clause which requires a Board of Governors to conduct
“academic program reviews. . . regarding any violation of the Florida Educational Equity Act (FEEA), or programs based on 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”
Above is directly quoted from: https://www.flsenate.gov/PublishedContent/Session/2023/BillSummary/Education_HE0266ed_00266.pdf
Along with these regulations the bill will also limit or stop state and federal funding in support of or for diversity, equity, and inclusion programs (DEI programs).
“(2) A Florida College System institution, state university, Florida College System institution direct-support organization, or state university direct-support organization may not expend any state or federal funds to promote, support, or maintain any programs or campus activities that:
(a) Violate s. 1000.05; or
(b) Advocate for diversity, equity, and inclusion, or promote or engage in political or social activism, as defined by rules of the State Board of Education and regulations of the Board of Governors.”
The above is directly quoted from the bill itself.
PDF summary of SB 266: https://www.flsenate.gov/PublishedContent/Session/2023/BillSummary/Education_HE0266ed_00266.pdf
PDF of SB 266 in its entirety: https://www.flsenate.gov/Session/Bill/2023/266/BillText/er/PDF
What is the Board of Governors?
In Section 7 of ARTICLE IX of the Florida Constitution the Board of Governors is defined as being able to “operate, regulate, control, and be fully responsible for the management of the whole university system.” Powers and responsibilities of the Board of Governors can include:
“ defining the distinctive mission of each constituent university and its articulation with free public schools and community colleges, ensuring the well-planned coordination and operation of the system, and avoiding wasteful duplication of facilities or programs. The board’s management shall be subject to the powers of the legislature to appropriate for the expenditure of funds, and the board shall account for such expenditures as provided by law.”
The Board consists of seventeen members, of which fourteen will be appointed by the Governor and confirmed by the Senate in order to serve a term of seven years. The Board oversees the State University System of 12 public universities and Bill SB266 will allow the Board of Governors to conduct their academic reviews and to perform their duty of restricting and limiting funds for DEI programs and initiatives.
What are DEI programs or initiatives?
DEI stands for diversity, equity, and inclusion. Programs described as DEI often promote representation and participation of different individuals of different races, abilities, disabilities, genders, religions, cultures, ages, ethnicities, etc. All together the concepts of diversity, equity, and inclusion “work together to create an environment of respect and fairness” (Barney) and can also provide a sense of belonging in the workplace or in the classroom. These programs can be anything from diversity training programs, to support services for marginalized or disadvantaged groups. At the university level these programs and initiatives can be found as student organizations, and even courses that discuss DEI topics. Overall, DEI programs seek to create “an educational environment where all students can succeed” by providing access to educational opportunities regardless of identity or background (Girod).
Definitions from Google:
DIVERSITY: the practice or quality of including or involving people from a range of different social and ethnic backgrounds and of different genders, sexual orientations, etc.
EQUITY: The quality of being fair and impartial
INCLUSION: the practice or policy of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalized, such as those who have physical or intellectual disabilities and members of other minority groups.
Perspectives:
Bill SB 266: Higher Education is one of several laws DeSantis has passed that aims to regulate public schools on subjects such as race, gender, ideology, etc. One of Ron DeSantis’ beliefs regarding these subjects is that
“‘No one should be instructed to feel as if they are not equal or shamed because of their race . . . In Florida, we will not let the far-left woke agenda take over our schools and workplaces. There is no place for indoctrination or discrimination in Florida’” (Reilly).
- Ron Desantis, 2022
During the announcement of the signing of the Bill SB 266 at the New College of Florida the Governor also stated
“‘If you look at the way this has actually been implemented across the country, DEI is better viewed as standing for discrimination, exclusion and indoctrination . . . That has no place in our public institutions. This bill says the whole experiment with DEI is coming to an end in the state of Florida’” (Beltrán).
- Ron Desantis, 2023
In January 2023, prior to the writing and ultimate signing of Bill SB 266 the Florida House audited DEI employees across state universities by requesting “their salaries and all communications between them – which includes relevant emails, text messages and social media messages” (Beltrán) . Some faculty members expressed concern about the request for information from the House, and state university employees felt vulnerable as they were unaware of what the House was specifically looking for during their audit. Amanda Phalin, an economics professor at UF, thinks that the state may misunderstand DEI and the impact it has made at UF by “‘providing equity of access and equity of opportunity’” to all students and staff (Beltrán) . She also believes that “[a]n excellent university . . . pushes the boundaries” of education in every direction, whether or not the topic leans towards conservative or liberal ideas (Beltrán).
Overall, law SB 266 is going to fundamentally change education at the university level when it becomes effective on July 1st, 2023. This law will limit funding to certain programs and impact undergraduate majors, programs, and organizations throughout Florida public colleges and universities. More information regarding the actual impact of SB 266 will be available next year after the law has been effective for one year.
Works Cited
“The 2022 Florida Statutes (Including 2022 Special Session A and 2023 Special Session B).” Online Sunshine : Official Internet Site of the Florida Legislature, 29 June 2023, www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=1000-1099%2F1000%2FSections%2F1000.05.html.
Barney, Nick, and Linda Rosencrance. “What Is Diversity, Equity and Inclusion (Dei)?: Definition from TechTarget.” HR Software, 22 June 2023, www.techtarget.com/searchhrsoftware/definition/diversity-equity-and-inclusion-DEI#:~:text=Diversity%2C%20equity%20and%20inclusion%20is,religions%2C%20cultures%20and%20sexual%20orientations.
Beltrán, Nicole. “DeSantis Signs Bill to Defund DEI Initiatives at Florida Universities.” The Independent Florida Alligator, 15 May 2023, www.alligator.org/article/2023/05/desantis-signs-dei-bill.
Diaz, Jaclyn. “Florida Gov. Ron DeSantis Signs a Bill Banning DEI Initiatives in Public Colleges.” NPR, 15 May 2023, www.npr.org/2023/05/15/1176210007/florida-ron-desantis-dei-ban-diversity.
“The Florida Senate.” Senate Bill 266 (2023) - The Florida Senate, 15 May 2023, flsenate.gov/Session/Bill/2023/266.
Gary, Alissa. “Florida House Audits Communications of UF Diversity, Equity and Inclusion Staffers.” The Independent Florida Alligator, 6 Feb. 2023, www.alligator.org/article/2023/02/desantis-dei.
Girod, Brandon. “DeSantis’ New Law Defunds DEI Programs in Florida State Universities. What Does It Mean?” Pensacola News Journal, 16 May 2023, www.pnj.com/story/news/politics/2023/05/15/what-is-dei-what-floridas-new-law-defunding-dei-programs-means/70219529007/.
Kumar, Divya. “Florida Bill Would End Diversity Programs, Ban Majors, Shift Power at Universities.” Tampa Bay Times, 24 Feb. 2023, www.tampabay.com/news/education/2023/02/23/florida-bill-would-end-diversity-programs-ban-majors-shift-power-universities/.
Reilly, Katie. “What Florida’s Stop Woke Act Means for Schools, Businesses.” Time, 22 Apr. 2022, time.com/6168753/florida-stop-woke-law/.