DEI statements and policies; clarify that student activity fees paid by students are not state funds.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DeLano

SENATE BILL NO. 2525

AN ACT TO AMEND SECTION 37-191-3, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THAT STUDENT ACTIVITY FEES PAID BY STUDENTS ARE NOT 2
CONSIDERED STATE FUNDS; TO AMEND SECTION 37-191-9, MISSISSIPPI 3
CODE OF 1972, TO MAKE TECHNICAL NONSUBSTANTIVE AMENDMENTS; TO 4
BRING FORWARD SECTIONS 37-191-1, 37-191-5, 37-191-7, 37-191-11, 5
37-191-13, 37-191-15, AND 37-191-17, MISSISSIPPI CODE OF 1972, FOR 6
PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 37-191-3, Mississippi Code of 1972, is 9
amended as follows: 10
37-191-3. (1) As used in this chapter, the following terms 11
shall have the meanings ascribed herein unless the context clearly 12
requires otherwise: 13
(a) "Diversity, equity and inclusion" shall mean: 14
(i) Any effort to select or influence the 15
composition of the faculty, staff, employee or student body by 16
favoring applicants based on race, sex, color or national origin; 17
(ii) Any effort to promote differential treatment 18
of or provide special benefits to individuals in employment or 19
admissions based on race, sex, color or national origin; 20
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(iii) Any effort to promote or promulgate policies 21
and procedures designed or implemented to favor individuals based 22
on race, color or national origin, except as otherwise permitted 23
in state and federal law; 24
(iv) Any effort to require trainings, programming, 25
or activities designed and\or implemented to compel participants 26
to change their beliefs with reference to race, color, national 27
origin, gender identity or sexual orientation; and 28
(b) "Diversity, equity and inclusion office" means an 29
office, division or other unit of an institution of higher 30
learning, community college or public school established for the 31
purpose of: 32
(i) Promoting hiring decisions or employment 33
practices at the institution, college or public school that favor 34
individuals based on race, sex, color or national origin; 35
(ii) Promoting differential treatment of or 36
providing special benefits to favor individuals in admissions and 37
hiring based on race, sex, color or national origin; or 38
(iii) Promoting policies or procedures or 39
conducting trainings, programs, or activities designed or 40
implemented to favor individuals based on race, sex, color or 41
national origin, other than policies or procedures approved in 42
writing by the institution, college or public school's legal 43
counsel for the sole purpose of ensuring compliance with any 44
applicable formal final finding of the court. 45
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(c) "Diversity statement" means a written statement or 46
essay that requires an individual to express their views or 47
commitment regarding issues related to race, sex, color, national 48
origin, gender identity, sexual orientation, or national origin. 49
(d) "Diversity training" means any formal or informal 50
education, seminars, workshops or institutional program that focus 51
on increasing awareness or understanding of issues related to 52
race, sex, color, gender identity, sexual orientation or national 53
origin. 54
(e) "Divisive concepts" are concepts that: 55
(i) One (1) race, sex, color, or national origin 56
is inherently superior to another race or sex; 57
(ii) An individual, by virtue of his or her race, 58
sex, color, national origin, is inherently racist, sexist, or 59
oppressive, whether consciously or unconsciously; 60
(iii) An individual should be discriminated 61
against or treated adversely solely because of their race, sex, 62
color, or national origin; 63
(iv) Members of one (1) race, one (1) sex, one (1) 64
color, one (1) national origin cannot and should not attempt to 65
treat others without respect to race, color, national origin or 66
sex, gender identity, sexual orientation, or national origin; 67
(v) An individual's moral character is necessarily 68
determined by his or her race, color, sex, or national origin; 69
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(vi) An individual, by virtue of his or her race, 70
color, sex or national origin, bears responsibility for actions 71
committed in the past by other members of any class listed herein; 72
(vii) An individual should feel discomfort, guilt, 73
anguish or any other form of psychological distress on account of 74
his or her race, color, sex, or national origin; or 75
(viii) Meritocracy or traits such as hard work 76
ethic are racist or sexist, or were created by a particular class 77
to oppress another class. 78
(f) "Public school" means an elementary or secondary 79
school governmental entity under the exercise and management of a 80
local school governing board, established to supervise one or more 81
public schools within its geographical limits pursuant to state 82
statutes. The term also includes: 83
(i) Agricultural high schools; 84
(ii) The Mississippi School for the Deaf and 85
Blind, under the governing authority of the State Board of 86
Education; 87
(iii) The Mississippi School for the Arts, under 88
the governing authority of the State Board of Education; 89
(iv) The Mississippi School for Mathematics and 90
Science, under the governing authority of the State Board of 91
Education; and 92
(v) Public charter schools. 93
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(g) "Public postsecondary education institutions" means 94
any state-supported four-year college or university under the 95
purview of the Board of Trustees of the State Institutions of 96
Higher Learning and any two-year community or junior college under 97
the purview of the Mississippi Community College Board and the 98
boards of trustees of the community college district to which the 99
community or junior college is assigned. 100
(h) "Board" or "boards" means either the Board of 101
Trustees of State Institutions of Higher Learning, the Mississippi 102
Community College Board, the Mississippi State Board of Education, 103
the Mississippi Charter School Authorizer Board, the local board 104
of education for a local school district, or the governing board 105
of a public charter school, or all of them, as applicable. 106
(i) "Sex" has the definition given in Sections 107
1-3-83(3) and 41-141-3(a). 108
(j) "Gender identity" reflects a fully internal and 109
subjective sense of self, disconnected from biological reality and 110
sex and existing on an infinite continuum, that does not provide a 111
meaningful basis for identification and cannot be recognized as a 112
replacement for sex. 113
(k) "State funds" or "funds" means monies appropriated 114
by the Legislature, including appropriations of any kind and 115
student-focused grants. "State funds" shall not include any 116
student activity fee paid by students. 117
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SECTION 2. Section 37-191-9, Mississippi Code of 1972, is 118
amended as follows: 119
37-191-9. This chapter may not be construed to apply to 120
and/or prohibit: 121
(a) Programs for Military Veterans, students with 122
disabilities or students presently or formerly under a child 123
protective services order; 124
(b) Scholarly research or a creative work by students, 125
faculty, employee or staff at an institution, college or public 126
school or the dissemination of that work; 127
(c) An activity of a registered student organization, 128
guest speaker or performer at an institution, college or public 129
school as long as state funds are not used; 130
(d) A policy to limit or restrict freedom of speech 131
pursuant to the First Amendment of the United States Constitution 132
or Section 13 of the Mississippi Constitution or academic course 133
instruction that undermines the duty of a public school, or public 134
postsecondary educational institution to protect academic course 135
instruction, intellectual diversity and true expression provided 136
that none of these protected tenets conflict with this chapter; 137
(e) Data collection or reporting of demographic data by 138
a public school or public postsecondary educational institution; 139
(f) Student recruitment; 140
(g) Programs, campus activities or certifications for 141
compliance with state and federal laws or applicable court order; 142
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(h) An institution, college or public school from 143
requiring or taking action against a student, employee, faculty, 144
staff or contractor for failing to comply with federal or state 145
law; 146
(i) Discussing pathological approaches or experience 147
with students with mental or physical disabilities; or 148
(j) Prohibit a public school or public postsecondary 149
education institution from complying with any applicable academic 150
accreditation standards or requirements. 151
SECTION 3. Section 37-191-1, Mississippi Code of 1972, is 152
brought forward as follows: 153
37-191-1. The purpose of this chapter is to prohibit public 154
schools and public postsecondary educational institutions from 155
taking certain actions and engaging in discriminatory practices. 156
This chapter seeks to ensure that employment, academic 157
opportunities and student engagement are based solely on 158
individual merit, qualifications and academic performance, without 159
consideration of an individual's race, sex, color, national 160
origin, or expressed opposition to, or refusal to affirm or 161
participate in, diversity, equity and inclusion. 162
SECTION 4. Section 37-191-5, Mississippi Code of 1972, is 163
brought forward as follows: 164
37-191-5. The Board of Trustees of State Institutions of 165
Higher Learning, the Mississippi Community College Board, the 166
Mississippi State Board of Education and the Mississippi Charter 167
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School Authorizer Board shall ensure that each institution, 168
college and public school, as applicable, shall not: 169
(a) Establish or maintain a diversity, equity and 170
inclusion office as defined in subsection (1)(b) of this section; 171
(b) Engage in divisive concepts as defined in Section 172
37-191-3(d) and (e); 173
(c) Hire or assign faculty, staff or employee of the 174
institution, college or public school or contract with a third 175
party to perform the duties of a diversity, equity and inclusion 176
office; 177
(d) Require, request, or consider diversity statements 178
or similar materials from job applicants as part of the hiring 179
process, contract renewal process, evaluation or promotion 180
process; 181
(e) Give preference based on race, sex, color or 182
national origin to an applicant for employment, or when awarding a 183
contract at the institution, college or public school; 184
(f) Maintain any programs, including academic programs 185
or courses, or offices that promote diversity, equity and 186
inclusion, endorse divisive concepts or concepts promoting 187
transgender ideology, gender-neutral pronouns, deconstruction of 188
heteronormativity, gender theory, sexual privilege or any related 189
formulation of these concepts; 190
(g) Require, as a condition of enrolling at, accepting 191
employment with, or being awarded a contract at an institution, 192
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college or public school, or as a requirement of continuing 193
enrollment, employment or contractual obligation at an 194
institution, college or public school, any person to participate 195
in diversity, equity and inclusion training; 196
(h) Penalize or discriminate against a student, 197
employee, faculty, staff or contractor on the basis of his or her 198
refusal to support, believe, endorse, embrace, confess, act upon 199
or otherwise assent to a diversity, equity or inclusion concept as 200
set forth in this section; and 201
(i) Require any "diversity training" as defined in 202
Section 37-191-3 or any other policies or procedures that result 203
in any formal or informal education, seminars, workshops or 204
institutional program that focus on increasing awareness or 205
understanding of issues related to race, sex, color, gender 206
identity, sexual orientation or national origin. 207
SECTION 5. Section 37-191-7, Mississippi Code of 1972, is 208
brought forward as follows: 209
37-191-7. (1) The State Department of Education, the Board 210
of Trustees of State Institutions of Higher Learning, the 211
Mississippi Community College Board and the Mississippi Charter 212
School Authorizer Board shall recognize, teach and establish 213
policies and curriculum in accordance with the definitions of the 214
terms "female," "male" and "sex" as provided in Section 1-3-85 and 215
Section 41-141-3(a). Notwithstanding any other provision of law 216
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to the contrary, the policies and curriculum authorized by this 217
subsection shall be adopted and approved as provided by law. 218
(2) Nothing in this section may be construed to limit or 219
prohibit an institution, college or public school, or an employee, 220
faculty or staff of such, from submitting to a grantor or 221
accrediting body a statement that certifies compliance with 222
controlling state and federal antidiscrimination laws for purposes 223
of applying for a grant or from complying with the terms of 224
accreditation by an accrediting body. 225
SECTION 6. Section 37-191-11, Mississippi Code of 1972, is 226
brought forward as follows: 227
37-191-11. Beginning in 2026, by July 30 of each year, each 228
institution, college or public school shall submit to their 229
respective boards an annual report summarizing all formal 230
complaints and the dispositions of those investigations and 231
violations. Any institution, college or public school that is not 232
in compliance with the requirements of this chapter at the time 233
the institution, college or public school files the required 234
report shall provide a written statement explaining its failure to 235
comply. By October 30 of each year, the Board of Trustees of 236
State Institutions of Higher Learning, Mississippi Community 237
College Board, State Board of Education and Mississippi Charter 238
School Authorizer Board shall prepare a report that compiles the 239
reports from each institution, college and public school and makes 240
recommendations for any proposed changes to this chapter and 241
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submit it to the Legislature. The Legislature may call a 242
representative of the Board of Trustees of the State Institutions 243
of Higher Learning, Mississippi Community College Board, School 244
Board of Education and the Mississippi Charter School Authorizer 245
Board to testify before the standing legislative committees with 246
primary jurisdiction over higher education and education, as 247
applicable, at a public hearing of the committees regarding the 248
boards' compliance with this section. 249
SECTION 7. Section 37-191-13, Mississippi Code of 1972, is 250
brought forward as follows: 251
37-191-13. (1) Within ninety (90) days of April 17, 2025, 252
the Board of Trustees of State Institutions of Higher Learning 253
shall adopt a complaint process, investigative procedures, and all 254
other policies and procedures for appropriately investigating 255
violations of this chapter. 256
(2) (a) Within ninety (90) days of April 17, 2025, the 257
Mississippi Community College Board, the State Board of Education 258
in conjunction with Mississippi School Board Association and the 259
Mississippi Charter School Authorizer Board shall adopt a model 260
complaint process, investigative procedures and all other policies 261
and procedures for appropriately investigating violations of this 262
chapter. 263
(b) Within ninety (90) days of adoption of model rules, 264
every local school board, governing board of a charter school, and 265
board of trustees for junior and community colleges shall adopt 266
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policies and procedures for appropriately investigating violations 267
of this chapter. The State Board of Education, as the governing 268
board for state-operated schools, shall adopt such rules for these 269
schools. 270
(3) Any employee, faculty, staff or contractor, or student 271
who desires to assert a violation of this chapter shall file a 272
formal complaint within thirty (30) days of the alleged violation 273
with: 274
(a) The local school board of the school district in 275
which the violation occurred; 276
(b) The governing board of the charter school in which 277
the violation occurred; 278
(c) The State Board of Education for all state-operated 279
schools; 280
(d) The board of trustees for the community college in 281
which the violation occurred; or 282
(e) The board of trustees of the state institutions of 283
higher learning for any state institution of higher learning under 284
its jurisdiction. 285
(4) Any person under eighteen (18) years of age may bring an 286
action under this chapter through a parent, guardian or next 287
friend and may bring an action in his or her own name upon 288
reaching the age of eighteen (18) years. 289
(5) A person filing a complaint with any board is limited to 290
any student enrolled at an institution, college or public school, 291
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any faculty, employee or staff member of an institution, college 292
or public school, any contractor of an institution, college or 293
public school, or any parent, guardian or next friend of a minor 294
student who has allegedly been harmed by the institution, college 295
or public school's failure to comply with this chapter. 296
(6) (a) The respective board shall investigate the reported 297
violation or potential violation under the board's procedures as 298
established in this chapter and make a finding within thirty (30) 299
days. If the board does not find a violation of this chapter, 300
they shall issue a formal final finding. Such board shall report 301
that finding to the person making the complaint and to the 302
institution, college, or public school that is the subject of the 303
investigation. 304
(b) If the board finds a violation of this chapter, the 305
public school or post-secondary institution shall have twenty-five 306
(25) days to cure all actions relating to the violation. The 307
respective board shall issue a formal final finding to the 308
complainant detailing found violation and the curative response 309
within twenty-five (25) days of the formal notice. Should the 310
error remain uncured beyond the twenty-five (25) day curative 311
period, the aggrieved party may file an application for injunctive 312
relief to compel the board to cure the error. 313
(7) (a) Anyone aggrieved by a formal final finding of the 314
governing board is entitled to judicial review thereof, as 315
hereinafter provided. 316
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(b) An appeal de novo may be filed by an aggrieved 317
party in the chancery court of the judicial district in which the 318
institution, college, public school or charter school is located, 319
by filing a complaint with the clerk of that court within thirty 320
(30) days of the receipt of the formal final finding of the board. 321
(c) The scope of review of the chancery court in such 322
cases shall determine if a violation of this chapter has occurred. 323
(d) The appropriate chancery court may award relief in 324
the form of an injunction and/or actual damages. 325
(e) Any party aggrieved by action of the chancery court 326
may appeal to the Supreme Court in the manner provided by law. 327
SECTION 8. Section 37-191-15, Mississippi Code of 1972, is 328
brought forward as follows: 329
37-191-15. (1) In addition to all other remedies provided 330
under this chapter, if a public school or public postsecondary 331
educational institution is determined, through final adjudication 332
of the administrative procedures process and exhaustion of all 333
judicial appeals, to be in violation of any provision of this 334
chapter, the State of Mississippi shall withhold the disbursement 335
of the following state funds if not cured within thirty (30) days 336
of a formal final finding upon the occurrence of any second or 337
subsequent violations of this chapter: 338
(a) For public schools, any and all state funds 339
appropriated by the Legislature for the operation and 340
administration of K-12 education, as determined by the 341
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disbursement of the state share of the total student funding 342
formula funds to the local school district in violation; 343
(b) For state-supported public two-year and four-year 344
postsecondary educational institutions in violation, any and all 345
funds appropriated by the Legislature for the use, benefit, 346
support and maintenance of such institutions, as disbursed by: 347
(i) The Mississippi Community College Board and 348
the applicable local board of trustees for the respective 349
community and junior colleges; and 350
(ii) The Board of Trustees of State Institutions 351
of Higher Learning for public universities. 352
(2) Withholding of funds shall remain in effect until such 353
time that the violating entity demonstrates full compliance with 354
the provisions of this chapter, as certified by the appropriate 355
governing authority and affirmed by the Attorney General or a 356
court of competent jurisdiction. 357
(3) The governing board responsible for disbursement of 358
state funds to any school district or postsecondary institution 359
shall promulgate policies, subject to the Mississippi 360
Administrative Procedures Law, to establish a uniform process for 361
the implementation, enforcement and reinstatement of state funds 362
in accordance with this section. 363
SECTION 9. Section 37-191-17, Mississippi Code of 1972, is 364
brought forward as follows: 365
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37-191-17. (1) (a) If any person, parent or guardian of a 366
minor making a complaint under this chapter is aggrieved by the 367
action or inaction of the respective board, he or she may notify 368
the Attorney General of a violation or potential violation of this 369
chapter by a state institution of higher learning, community or 370
junior college, public school or charter school by forwarding the 371
Attorney General the complaint filed with the respective board 372
along with the decision of the board and any supporting 373
documentation. 374
(b) After receipt of such notification, the Attorney 375
General may file an application for a writ of mandamus in the 376
chancery court of competent jurisdiction for injunctive relief 377
compelling the state institution of higher learning, community or 378
junior college, public school board or charter school governing 379
board to comply with this chapter if such entity has failed to 380
cure the error with the thirty-day curative period. For purposes 381
of this section, chancery court of competent jurisdiction means 382
the chancery court located in the judicial district in which the 383
state institution of higher learning, community or junior college, 384
public school or charter school is located. 385
(2) The appropriate chancery court may award relief in 386
the form of an injunction and/or actual damages. Any party 387
aggrieved by action of the chancery court may appeal to the 388
Supreme Court in the manner provided by law. 389
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ST: DEI statements and policies; clarify that
student activity fees paid by students are not
state funds.
SECTION 10. This act shall take effect and be in force from 390
and after July 1, 2026. 391