State Board of Education Passes Rule That Permanently Prohibits DEI Programs

FLDOE announces rule that creates opportunity for $34 Million of DEI funding to be used on Education.

On Wednesday the State Board of Education implemented strict regulations congruent with the Florida Educational Equity Act and other state law prohibiting expenditures for programs that “advocate for diversity, equity, and inclusion, or promote or engage in political or social activism… (FL St.1004.06).”

The rule made clear in its stated definitions that, “‘Diversity, Equity and Inclusion’ or ‘DEI’ is any program, campus activity, or policy that classifies individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation and promotes differential or preferential treatment of individuals on the basis of such classification.”

The new rule restates Florida law passed in 2023 by the DeSantis administration as part of an over all education package promoting school choice (House Bill 1), defining the management of higher education that include hiring practices of faculty and staff (Senate Bill 266 / House Bill 999), and expanding the certification process to address teacher shortages, as well as a “Teacher’s Bill of Rights” (House Bill 1035) in K-12 public education.

In a statement, Florida Commissioner of Education, Manny Diaz, Jr., said, “Higher education must return to its essential foundations of academic integrity and the pursuit of knowledge instead of being corrupted by destructive ideologies. These actions today ensure that we will not spend taxpayers’ money supporting DEI and radical indoctrination that promotes division in our society.”

In removing the funding of the discriminatory practices founded in Diversity Equity and Inclusion principles, the State Board of Education has leveled the playing field for all students. The rule explicitly states, 

“An FCS (Florida College System) institution or FCS institution direct-support organization advocates for DEI when it engages in a program, policy, or activity that: 

(a) Advantages or disadvantages, or attempts to advantage or disadvantage, an individual or group on the basis of race, color, sex, national origin, gender identity, or sexual orientation, to equalize or increase outcomes, participation, or representation as compared to other individuals or groups; or 

(b) Promotes the position that a group or an individual’s action is inherently, unconsciously, or implicitly biased on the basis of race, color, sex, national origin, gender identity, or sexual orientation.”

In January of 2023, the FLDOE released the Florida College System Presidents Statement on Diversity Equity, Inclusion and Critical Race Theory. While acknowledging initiatives under the banner of DEI that “served to increase diversity of thought as well as the enrollment and the success of underrepresented populations and promote the open access…,” the presidents jointly recognized that some programs “accomplish the very opposite” under the DEI banner, and, push “ideologies such as critical race theory and it’s related tenets.”  

They went on to declare:

 “To be clear in this environment, the FCS presidents, by and through the FCS Council of Presidents (COP), will ensure that all initiatives, instruction, and activities do not promote any ideology that suppresses intellectual and academic freedom, freedom of expression, viewpoint diversity, and the pursuit of truth in teaching and learning. As such, our institutions will not fund or support any institutional practice, policy, or academic requirement that compels belief in critical race theory or related concepts such as intersectionality, or the idea that systems of oppression should be the primary lens through which teaching and learning are analyzed and/or improved upon.”

Prior to their statement, the DeSantis administration requested from Florida Public Universities and Colleges a report on funding for DEI programs. Among Florida’s 28 colleges and the 12 Universities, it was self-reported that $34 million was being put towards Diversity Equity and Inclusion programs. According to a Reuters report, the Florida Public University System “will vote next week on whether to ban diversity spending” as a result of this new rule.

For the last year, the FLDOE has been focused on cleaning up discriminatory practices of DEI at its universities, colleges and K-12 public school systems.  The FLDOE reviewed public school policies during the 2022-2023 school year.  Last winter, the FLDOE sent the School District of Indian River County (SDIRC) a letter regarding their former Policy #2260.02 - Racial Equity Policy, that compelled the Superintendent to view SDIRC through “a system-wide racial equity lens…” The policy, that was passed in 2020, was purposed “to confront the institutional racism that results in predictably lower academic achievement for students of color than their white peers.” 

In May 2023, the SDIRC board replaced the discriminatory policy that violated Florida’s equal justice statutes.