States with Restrictions on Diversity, Equity, and Inclusion Concepts in Higher Education

A number of states have passed legislation banning the inclusion of diversity, equity, and inclusion concepts in higher education. These restrictions may affect ASHA members who work in higher education and could impact the ability of ASHA members to access continuing education in order to meet ASHA’s Certification requirements.

This information is reviewed on an annual basis. Please be advised that laws, regulations, and policies may change at any time, so always check with your state for the most up-to-date information. This material is shared for informational purposes only and should not be construed as legal advice, which can only be provided by an attorney.

Florida

Florida law restricts the use of state or federal funds to promote, support or maintain any programs or campus activities in the Florida College System institution, state university, or their direct-support organization to advocate for diversity, equity and inclusion or promote or engage in political or social activism.

Reference: SB 266 (2023) [PDF]

North Dakota

North Dakota law prohibits an institution under control of the state board of higher education from conducting mandatory training of a student or employee, or use a training program, if the program includes a divisive concept.

Reference: SB 2247 (2023) [PDF]

Tennessee

Tennessee law prohibits a local education agency or public charter school from requiring an educator or other employee from participating in implicit bias training. This includes the completion of this training a requirement for licensure or professional development.

This law also prohibits public institutions of higher education from requiring a faculty member or employee from participating in implicit bias training.

Reference: SB 102 (2023) [PDF]

Texas

Texas law prohibits the use of state funds for the design, implementation or administration of diversity, equity, and inclusion practices or programs, including mandatory or recommended training or programmed activities.

Reference: HB 1 (2023) [PDF]

Texas law prohibits the governing board of public institutions of higher education from maintaining a diversity, equity, and inclusion office, hiring a third party to fulfill the duties of a DEI office, require a DEI statement for employment, or require DEI training.

Reference: SB 17 (2023) [PDF]