Diversity, equity and inclusion; amend provisions concerning.

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2602

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