State Legislatures Targeting DEI in Higher Education
John R. Przypyszny , Sarah L. Pheasant
June 29, 2023
At a Glance
In the last year, many states have introduced legislation to restrict DEI initiatives in higher education.
Specific provisions vary, but can pertain to DEI training and in some instances may impact curricular content.
Institutions need to monitor these developments and assess their impact on institutional operations.
Recently, state legislatures across the country have considered legislation affecting diversity, equity and inclusion (DEI) initiatives in various settings, including at public and private colleges and universities. While their specific impacts vary by state, most provisions are designed to limit, prohibit or constrain the funding of institutional projects such as DEI offices, racial bias trainings or workshops, or the use of diversity statements.
With new anti-DEI legislation introduced both at the federal level and in over 20 states during the past year, postsecondary institutions must stay apprised of how these proposals could impact their operations and access to public funds. Below, we provide a high-level overview of such legislation in four states, broadly illustrating the approaches that state governments have taken and highlighting areas of potential institutional risk. This legislation demonstrates the trend in some state legislatures to involve themselves more directly in the operation of educational institutions, including, in some cases, on curricular matters pertaining to DEI.
