Texas’ DEI ban on public schools heads to Gov. Greg Abbott for final sign-off

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The Texas Legislature approved a bill that would ban diversity, equity, and inclusion (DEI) policies and programs in public K-12 schools.

Senate Bill 12, authored by Sen. Brandon Creighton, R-Conroe, will prohibit school districts from considering race, ethnicity, gender identity or sexual orientation in hiring decisions. The ban will also include training and programs on those topics unless they are required by federal law.

Parents will have to give written consent to allow their children to join school clubs. They will also be able to file complaints if they believe schools do not follow the DEI ban.

The Texas House passed the bill in May in an 88-47 vote, months after the Senate voted in favor of the bill in February. After both chambers ironed out their differences in closed-door negotiations, the proposal won final legislative passage Saturday.

The bill came out of those negotiations with many of the same measures its previous iteration had intact, though lawmakers removed a provision that would have allowed schools to recruit candidates from specific ethnic groups. That measure, added by the House, sought to help districts increase diversity in their hiring pools without fear of violating the proposed law.

Lawmakers also restored a provision from an earlier version of the bill that bans schools from authorizing or sponsoring student clubs based on sexual orientation or gender identity. The move sparked outrage among House Democrats, who blasted the bill's supporters and labeled the provision the work of “monsters.”

Rep. Jeff Leach, the bill’s sponsor, cast the bill as giving parents more control over their children’s curriculum, school materials and safety. He also highlighted that the bill builds on the 2021 ban of teaching critical race theory in Texas, an academic discipline that explores how race and racism influence laws and institutions. Critical race theory is not taught in public schools, but it has become a catch-all phrase used by conservatives upset with how children learn about America’s history of racism.

“The legislation further upholds parental authority by giving them the ability to opt their child in or out of specific programs, such as the requirement in this bill that a parent must opt in to a child's sex education curriculum, and this is so that parents can make informed choices that align with their family's values,” Leach said.

Supporters of the bill claim that DEI initiatives divert both class time and public funds toward promoting certain ideologies in schools.

“It’s clear these programs are already in our schools using millions of taxpayer dollars meant for the classroom to fund political activism and political agendas,” Creighton, the Senate education committee chair, said during a public hearing in January.

Several amendments filed by Democrats during the House vote failed, including one by Rep. Rhetta Andrews Bowers, D-Rowlett, which aimed to make sure that the “uncomfortable truth,” including slavery, is still being taught. Another, by Rep. Christian Manuel, D-Port Arthur, proposed allowing educators to opt out of teaching topics that conflict with their personal beliefs.

Opponents argue that banning these initiatives will disproportionately harm marginalized students, especially those who are LGBTQ+. They say it will take away safe spaces where students can find community and support, potentially leading to increased levels of depression and anxiety.

“Without DEI, you're going to see more students who might think that they are alone,” Ash Hall, a policy and advocacy strategist for LGBTQIA+ rights at the American Civil Liberties Union of Texas, told The Texas Tribune.

The broad and vague language of the bill also creates a high risk of over-application and could lead schools to censor themselves out of fear of violating unclear rules, critics worry. When SB 12 was first introduced, it included a broader definition of DEI practices and threatened to withhold state funding from schools that didn’t comply. Those concerns were later addressed, and the bill was revised to remove the risk of defunding school districts.

The bill requires schools to provide an explanation if a parent files a complaint about a potential DEI ban violation. If the parent is not satisfied with the response, they can appeal to the Texas education commissioner, who can investigate the complaint.

SB 12 requires school districts to adopt a policy to discipline employees — which could include termination — who knowingly take part in DEI-related activities.

During the discussion last month, the House also approved an amendment introduced by Leach clarifying that if a school employee is terminated for violating the DEI ban, they have the right to appeal.

The bill will take effect Sept. 1 after Gov. Greg Abbott signs it.

Jaden Edison contributed to this story.

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