DEI in K-12 and colleges and universities; bring forward sections that regulate.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hood

HOUSE BILL NO. 1659

AN ACT TO BRING FORWARD SECTIONS 37-191-1, 37-191-3, 1
37-191-5, 37-191-7, 37-191-9, 37-191-11, 37-191-13, 37-191-15 AND 2
37-191-17, MISSISSIPPI CODE OF 1972, WHICH REGULATE DIVERSITY, 3
EQUITY AND INCLUSION IN K-12, UNIVERSITIES AND COLLEGES, FOR 4
PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 37-191-1, Mississippi Code of 1972, is 7
brought forward as follows: 8
37-191-1. The purpose of this chapter is to prohibit public 9
schools and public postsecondary educational institutions from 10
taking certain actions and engaging in discriminatory practices. 11
This chapter seeks to ensure that employment, academic 12
opportunities and student engagement are based solely on 13
individual merit, qualifications and academic performance, without 14
consideration of an individual's race, sex, color, national 15
origin, or expressed opposition to, or refusal to affirm or 16
participate in, diversity, equity and inclusion. 17
SECTION 2. Section 37-191-3, Mississippi Code of 1972, is 18
brought forward as follows: 19
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37-191-3. (1) As used in this chapter, the following terms 20
shall have the meanings ascribed herein unless the context clearly 21
requires otherwise: 22
(a) "Diversity, equity and inclusion" shall mean: 23
(i) Any effort to select or influence the 24
composition of the faculty, staff, employee or student body by 25
favoring applicants based on race, sex, color or national origin; 26
(ii) Any effort to promote differential treatment 27
of or provide special benefits to individuals in employment or 28
admissions based on race, sex, color or national origin; 29
(iii) Any effort to promote or promulgate policies 30
and procedures designed or implemented to favor individuals based 31
on race, color or national origin, except as otherwise permitted 32
in state and federal law; 33
(iv) Any effort to require trainings, programming, 34
or activities designed and\or implemented to compel participants 35
to change their beliefs with reference to race, color, national 36
origin, gender identity or sexual orientation; and 37
(b) "Diversity, equity and inclusion office" means an 38
office, division or other unit of an institution of higher 39
learning, community college or public school established for the 40
purpose of: 41
(i) Promoting hiring decisions or employment 42
practices at the institution, college or public school that favor 43
individuals based on race, sex, color or national origin; 44
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(ii) Promoting differential treatment of or 45
providing special benefits to favor individuals in admissions and 46
hiring based on race, sex, color or national origin; or 47
(iii) Promoting policies or procedures or 48
conducting trainings, programs, or activities designed or 49
implemented to favor individuals based on race, sex, color or 50
national origin, other than policies or procedures approved in 51
writing by the institution, college or public school's legal 52
counsel for the sole purpose of ensuring compliance with any 53
applicable formal final finding of the court. 54
(c) "Diversity statement" means a written statement or 55
essay that requires an individual to express their views or 56
commitment regarding issues related to race, sex, color, national 57
origin, gender identity, sexual orientation, or national origin. 58
(d) "Diversity training" means any formal or informal 59
education, seminars, workshops or institutional program that focus 60
on increasing awareness or understanding of issues related to 61
race, sex, color, gender identity, sexual orientation or national 62
origin. 63
(e) "Divisive concepts" are concepts that: 64
(i) One (1) race, sex, color, or national origin 65
is inherently superior to another race or sex; 66
(ii) An individual, by virtue of his or her race, 67
sex, color, national origin, is inherently racist, sexist, or 68
oppressive, whether consciously or unconsciously; 69
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(iii) An individual should be discriminated 70
against or treated adversely solely because of their race, sex, 71
color, or national origin; 72
(iv) Members of one (1) race, one (1) sex, one (1) 73
color, one (1) national origin cannot and should not attempt to 74
treat others without respect to race, color, national origin or 75
sex, gender identity, sexual orientation, or national origin; 76
(v) An individual's moral character is necessarily 77
determined by his or her race, color, sex, or national origin; 78
(vi) An individual, by virtue of his or her race, 79
color, sex or national origin, bears responsibility for actions 80
committed in the past by other members of any class listed herein; 81
(vii) An individual should feel discomfort, guilt, 82
anguish or any other form of psychological distress on account of 83
his or her race, color, sex, or national origin; or 84
(viii) Meritocracy or traits such as hard work 85
ethic are racist or sexist, or were created by a particular class 86
to oppress another class. 87
(f) "Public school" means an elementary or secondary 88
school governmental entity under the exercise and management of a 89
local school governing board, established to supervise one or more 90
public schools within its geographical limits pursuant to state 91
statutes. The term also includes: 92
(i) Agricultural high schools; 93
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(ii) The Mississippi School for the Deaf and 94
Blind, under the governing authority of the State Board of 95
Education; 96
(iii) The Mississippi School for the Arts, under 97
the governing authority of the State Board of Education; 98
(iv) The Mississippi School for Mathematics and 99
Science, under the governing authority of the State Board of 100
Education; and 101
(v) Public charter schools. 102
(g) "Public postsecondary education institutions" means 103
any state-supported four-year college or university under the 104
purview of the Board of Trustees of the State Institutions of 105
Higher Learning and any two-year community or junior college under 106
the purview of the Mississippi Community College Board and the 107
boards of trustees of the community college district to which the 108
community or junior college is assigned. 109
(h) "Board" or "boards" means either the Board of 110
Trustees of State Institutions of Higher Learning, the Mississippi 111
Community College Board, the Mississippi State Board of Education, 112
the Mississippi Charter School Authorizer Board, the local board 113
of education for a local school district, or the governing board 114
of a public charter school, or all of them, as applicable. 115
(i) "Sex" has the definition given in Sections 116
1-3-83(3) and 41-141-3(a). 117
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(j) "Gender identity" reflects a fully internal and 118
subjective sense of self, disconnected from biological reality and 119
sex and existing on an infinite continuum, that does not provide a 120
meaningful basis for identification and cannot be recognized as a 121
replacement for sex. 122
SECTION 3. Section 37-191-5, Mississippi Code of 1972, is 123
brought forward as follows: 124
37-191-5. The Board of Trustees of State Institutions of 125
Higher Learning, the Mississippi Community College Board, the 126
Mississippi State Board of Education and the Mississippi Charter 127
School Authorizer Board shall ensure that each institution, 128
college and public school, as applicable, shall not: 129
(a) Establish or maintain a diversity, equity and 130
inclusion office as defined in subsection (1)(b) of this section; 131
(b) Engage in divisive concepts as defined in Section 132
37-191-3(d) and (e); 133
(c) Hire or assign faculty, staff or employee of the 134
institution, college or public school or contract with a third 135
party to perform the duties of a diversity, equity and inclusion 136
office; 137
(d) Require, request, or consider diversity statements 138
or similar materials from job applicants as part of the hiring 139
process, contract renewal process, evaluation or promotion 140
process; 141
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(e) Give preference based on race, sex, color or 142
national origin to an applicant for employment, or when awarding a 143
contract at the institution, college or public school; 144
(f) Maintain any programs, including academic programs 145
or courses, or offices that promote diversity, equity and 146
inclusion, endorse divisive concepts or concepts promoting 147
transgender ideology, gender-neutral pronouns, deconstruction of 148
heteronormativity, gender theory, sexual privilege or any related 149
formulation of these concepts; 150
(g) Require, as a condition of enrolling at, accepting 151
employment with, or being awarded a contract at an institution, 152
college or public school, or as a requirement of continuing 153
enrollment, employment or contractual obligation at an 154
institution, college or public school, any person to participate 155
in diversity, equity and inclusion training; 156
(h) Penalize or discriminate against a student, 157
employee, faculty, staff or contractor on the basis of his or her 158
refusal to support, believe, endorse, embrace, confess, act upon 159
or otherwise assent to a diversity, equity or inclusion concept as 160
set forth in this section; and 161
(i) Require any "diversity training" as defined in 162
Section 37-191-3 or any other policies or procedures that result 163
in any formal or informal education, seminars, workshops or 164
institutional program that focus on increasing awareness or 165
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understanding of issues related to race, sex, color, gender 166
identity, sexual orientation or national origin. 167
SECTION 4. Section 37-191-7, Mississippi Code of 1972, is 168
brought forward as follows: 169
37-191-7. (1) The State Department of Education, the Board 170
of Trustees of State Institutions of Higher Learning, the 171
Mississippi Community College Board and the Mississippi Charter 172
School Authorizer Board shall recognize, teach and establish 173
policies and curriculum in accordance with the definitions of the 174
terms "female," "male" and "sex" as provided in Section 1-3-85 and 175
Section 41-141-3(a). Notwithstanding any other provision of law 176
to the contrary, the policies and curriculum authorized by this 177
subsection shall be adopted and approved as provided by law. 178
(2) Nothing in this section may be construed to limit or 179
prohibit an institution, college or public school, or an employee, 180
faculty or staff of such, from submitting to a grantor or 181
accrediting body a statement that certifies compliance with 182
controlling state and federal antidiscrimination laws for purposes 183
of applying for a grant or from complying with the terms of 184
accreditation by an accrediting body. 185
SECTION 5. Section 37-191-9, Mississippi Code of 1972, is 186
brought forward as follows: 187
37-191-9. This chapter may not be construed to apply to 188
and/or prohibit: 189
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(a) Programs for Military Veterans, students with 190
disabilities or students presently or formerly under a child 191
protective services order; 192
(b) Scholarly research or a creative work by students, 193
faculty, employee or staff at an institution, college or public 194
school or the dissemination of that work; 195
(c) An activity of a registered student organization, 196
guest speaker or performer at an institution, college or public 197
school as long as state funds are not used; 198
(d) A policy to limit or restrict freedom of speech 199
pursuant to the First Amendment of the United States Constitution 200
or Section 13 of the Mississippi Constitution or academic course 201
instruction that undermines the duty of a public school, or public 202
postsecondary educational institution to protect academic course 203
instruction, intellectual diversity and true expression provided 204
that none of these protected tenets conflict with this chapter; 205
(e) Data collection or reporting of demographic data by 206
a public school or public postsecondary educational institution; 207
(f) Student recruitment; 208
(g) Programs, campus activities or certifications for 209
compliance with state and federal laws or applicable court order; 210
(h) An institution, college or public school from 211
requiring or taking action against a student, employee, faculty, 212
staff or contractor for failing to comply with federal or state 213
law; 214
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(i) Discussing pathological approaches or experience 215
with students with mental or physical disabilities; or 216
(j) Prohibit a public school or public postsecondary 217
education institution from complying with any applicable academic 218
accreditation standards or requirements. 219
SECTION 6. Section 37-191-11, Mississippi Code of 1972, is 220
brought forward as follows: 221
37-191-11. Beginning in 2026, by July 30 of each year, each 222
institution, college or public school shall submit to their 223
respective boards an annual report summarizing all formal 224
complaints and the dispositions of those investigations and 225
violations. Any institution, college or public school that is not 226
in compliance with the requirements of this chapter at the time 227
the institution, college or public school files the required 228
report shall provide a written statement explaining its failure to 229
comply. By October 30 of each year, the Board of Trustees of 230
State Institutions of Higher Learning, Mississippi Community 231
College Board, State Board of Education and Mississippi Charter 232
School Authorizer Board shall prepare a report that compiles the 233
reports from each institution, college and public school and makes 234
recommendations for any proposed changes to this chapter and 235
submit it to the Legislature. The Legislature may call a 236
representative of the Board of Trustees of the State Institutions 237
of Higher Learning, Mississippi Community College Board, School 238
Board of Education and the Mississippi Charter School Authorizer 239
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Board to testify before the standing legislative committees with 240
primary jurisdiction over higher education and education, as 241
applicable, at a public hearing of the committees regarding the 242
boards' compliance with this section. 243
SECTION 7. Section 37-191-13, Mississippi Code of 1972, is 244
brought forward as follows: 245
37-191-13. (1) Within ninety (90) days of April 17, 2025, 246
the Board of Trustees of State Institutions of Higher Learning 247
shall adopt a complaint process, investigative procedures, and all 248
other policies and procedures for appropriately investigating 249
violations of this chapter. 250
(2) (a) Within ninety (90) days of April 17, 2025, the 251
Mississippi Community College Board, the State Board of Education 252
in conjunction with Mississippi School Board Association and the 253
Mississippi Charter School Authorizer Board shall adopt a model 254
complaint process, investigative procedures and all other policies 255
and procedures for appropriately investigating violations of this 256
chapter. 257
(b) Within ninety (90) days of adoption of model rules, 258
every local school board, governing board of a charter school, and 259
board of trustees for junior and community colleges shall adopt 260
policies and procedures for appropriately investigating violations 261
of this chapter. The State Board of Education, as the governing 262
board for state-operated schools, shall adopt such rules for these 263
schools. 264
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(3) Any employee, faculty, staff or contractor, or student 265
who desires to assert a violation of this chapter shall file a 266
formal complaint within thirty (30) days of the alleged violation 267
with: 268
(a) The local school board of the school district in 269
which the violation occurred; 270
(b) The governing board of the charter school in which 271
the violation occurred; 272
(c) The State Board of Education for all state-operated 273
schools; 274
(d) The board of trustees for the community college in 275
which the violation occurred; or 276
(e) The board of trustees of the state institutions of 277
higher learning for any state institution of higher learning under 278
its jurisdiction. 279
(4) Any person under eighteen (18) years of age may bring an 280
action under this chapter through a parent, guardian or next 281
friend and may bring an action in his or her own name upon 282
reaching the age of eighteen (18) years. 283
(5) A person filing a complaint with any board is limited to 284
any student enrolled at an institution, college or public school, 285
any faculty, employee or staff member of an institution, college 286
or public school, any contractor of an institution, college or 287
public school, or any parent, guardian or next friend of a minor 288
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student who has allegedly been harmed by the institution, college 289
or public school's failure to comply with this chapter. 290
(6) (a) The respective board shall investigate the reported 291
violation or potential violation under the board's procedures as 292
established in this chapter and make a finding within thirty (30) 293
days. If the board does not find a violation of this chapter, 294
they shall issue a formal final finding. Such board shall report 295
that finding to the person making the complaint and to the 296
institution, college, or public school that is the subject of the 297
investigation. 298
(b) If the board finds a violation of this chapter, the 299
public school or post-secondary institution shall have twenty-five 300
(25) days to cure all actions relating to the violation. The 301
respective board shall issue a formal final finding to the 302
complainant detailing found violation and the curative response 303
within twenty-five (25) days of the formal notice. Should the 304
error remain uncured beyond the twenty-five (25) day curative 305
period, the aggrieved party may file an application for injunctive 306
relief to compel the board to cure the error. 307
(7) (a) Anyone aggrieved by a formal final finding of the 308
governing board is entitled to judicial review thereof, as 309
hereinafter provided. 310
(b) An appeal de novo may be filed by an aggrieved 311
party in the chancery court of the judicial district in which the 312
institution, college, public school or charter school is located, 313
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by filing a complaint with the clerk of that court within thirty 314
(30) days of the receipt of the formal final finding of the board. 315
(c) The scope of review of the chancery court in such 316
cases shall determine if a violation of this chapter has occurred. 317
(d) The appropriate chancery court may award relief in 318
the form of an injunction and/or actual damages. 319
(e) Any party aggrieved by action of the chancery court 320
may appeal to the Supreme Court in the manner provided by law. 321
SECTION 8. Section 37-191-15, Mississippi Code of 1972, is 322
brought forward as follows: 323
37-191-15. (1) In addition to all other remedies provided 324
under this chapter, if a public school or public postsecondary 325
educational institution is determined, through final adjudication 326
of the administrative procedures process and exhaustion of all 327
judicial appeals, to be in violation of any provision of this 328
chapter, the State of Mississippi shall withhold the disbursement 329
of the following state funds if not cured within thirty (30) days 330
of a formal final finding upon the occurrence of any second or 331
subsequent violations of this chapter: 332
(a) For public schools, any and all state funds 333
appropriated by the Legislature for the operation and 334
administration of K-12 education, as determined by the 335
disbursement of the state share of the total student funding 336
formula funds to the local school district in violation; 337
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(b) For state-supported public two-year and four-year 338
postsecondary educational institutions in violation, any and all 339
funds appropriated by the Legislature for the use, benefit, 340
support and maintenance of such institutions, as disbursed by: 341
(i) The Mississippi Community College Board and 342
the applicable local board of trustees for the respective 343
community and junior colleges; and 344
(ii) The Board of Trustees of State Institutions 345
of Higher Learning for public universities. 346
(2) Withholding of funds shall remain in effect until such 347
time that the violating entity demonstrates full compliance with 348
the provisions of this chapter, as certified by the appropriate 349
governing authority and affirmed by the Attorney General or a 350
court of competent jurisdiction. 351
(3) The governing board responsible for disbursement of 352
state funds to any school district or postsecondary institution 353
shall promulgate policies, subject to the Mississippi 354
Administrative Procedures Law, to establish a uniform process for 355
the implementation, enforcement and reinstatement of state funds 356
in accordance with this section. 357
SECTION 9. Section 37-191-17, Mississippi Code of 1972, is 358
brought forward as follows: 359
37-191-17. (1) (a) If any person, parent or guardian of a 360
minor making a complaint under this chapter is aggrieved by the 361
action or inaction of the respective board, he or she may notify 362
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ST: DEI in K-12 and colleges and universities;
bring forward sections that regulate.
the Attorney General of a violation or potential violation of this 363
chapter by a state institution of higher learning, community or 364
junior college, public school or charter school by forwarding the 365
Attorney General the complaint filed with the respective board 366
along with the decision of the board and any supporting 367
documentation. 368
(b) After receipt of such notification, the Attorney 369
General may file an application for a writ of mandamus in the 370
chancery court of competent jurisdiction for injunctive relief 371
compelling the state institution of higher learning, community or 372
junior college, public school board or charter school governing 373
board to comply with this chapter if such entity has failed to 374
cure the error with the thirty-day curative period. For purposes 375
of this section, chancery court of competent jurisdiction means 376
the chancery court located in the judicial district in which the 377
state institution of higher learning, community or junior college, 378
public school or charter school is located. 379
(2) The appropriate chancery court may award relief in 380
the form of an injunction and/or actual damages. Any party 381
aggrieved by action of the chancery court may appeal to the 382
Supreme Court in the manner provided by law. 383
SECTION 10. This act shall take effect and be in force from 384
and after July 1, 2026. 385