Florida Board of Governors Approves Regulations for DEI Restrictions at Public Universities

Florida Gov. Ron DeSantis at the signing of the state's universal school choice bill at Christopher Columbus High School in Miami, on March 27, 2023. Courtesy of the Florida Governor's Office.

The Florida Board of Governors voted on Nov. 9 to approve regulations regarding the implementation of a bill preventing public universities from using state or federal funds to support diversity, equity, and inclusion (DEI) initiatives.

The regulations govern how state universities must comply with Senate Bill 266, which was signed into law by Florida Gov. Ron DeSantis in May.

Senate Bill 266 dictates that a Florida college system institution, state university, college system institution direct-support organization, or state university direct-support organization “may not expend any state or federal funds to promote, support, or maintain any programs or campus activities” that “advocate for diversity, equity, and inclusion, or promote or engage in political or social activism.”

Governor DeSantis, in signing Senate Bill 266 into law earlier this year along with a string of other bills focusing on DEI, said such initiatives are better viewed as “standing for discrimination, exclusion, and indoctrination.”

This, he said, has no place in Florida’s public institutions.

Under the new regulations approved by the Florida Board of Governors Thursday, DEI is defined as “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.”

Elsewhere under the regulations, “political or social activism” is defined as “any activity organized with a purpose of effecting or preventing change to a government policy, action, or function, or any activity intended to achieve a desired result related to social issues, where the university endorses or promotes a position in communications, advertisements, programs, or campus activities.”

What the Regulations Say

Political or social activism does not include “authorized government relations and lobbying activities” of the university that concern matters that directly impact its operations, or endorsements or promotions of a position that “encourages compliance with state or federal law, or Board of Governors guidance or regulation.”

A state university advocates for DEI when it engages in a program, policy, or activity that “advantages or disadvantages, or attempts to advantage or disadvantage an individual or group on the basis of color, sex, national origin, gender identity, or sexual orientation, to equalize or increase outcomes, participation or representation as compared to other individuals or groups,” according to the new regulations.

In addition, universities in the state will advocate for DEI initiatives when they promote the belief that a group or an individual’s action is “inherently, unconsciously, or implicitly biased on the basis of color, sex, national origin, gender identity, or sexual orientation,” according to the regulations.

The regulations effectively prohibit public universities from using state or federal funds to support any campus activities, programs, clubs, or student organizations associated with DEI.

It also bans them from using state or federal funds to hire, recruit, evaluate, promote, discipline, or terminate university employees or contractors in relation to DEI efforts.

Florida Gov. Ron DeSantis celebrates signing into law provisions that would ban certain discussions about sexual orientation and gender identity in school classrooms from kindergarten to third grade, on March 28, 2022. Courtesy of Florida Governor's Office

‘Where Woke Goes to Die’

The regulations do, however, include exceptions for programs that are mandated by state or federal law for discipline-specific accreditation or otherwise supported by private funds.

Exemptions are also made for military veterans, Pell Grant recipients, first-generation college students, nontraditional students, “2+2” transfer students from the Florida College System, students from low-income families, or students with disabilities.

Beginning this month each state university in Florida must designate an official or group of officials who will be responsible for ensuring compliance, oversight, and adherence with the new regulations.

The regulations come as Gov. DeSantis has declared Florida the state “where woke goes to die” and vowed to reform higher education across the state.

The Republican 2024 presidential candidate has regularly taken aim at so-called DEI initiatives in education facilities across the state, and stressed that universities should instead remain focused on “academic excellence and the pursuit of truth, not the imposition of trendy ideology.”

Republican lawmakers in dozens of other states, including Texas, Ohio, and South Carolina, have this year also proposed various legislation targeting DEI efforts.

However, critics argue such measures target underrepresented groups and risk further marginalizing some students.

Responding to the Florida Board of Governors’s regulations, Quinn Diaz, public policy associate for the LGBTQ+ advocacy nonprofit Equality Florida, told Inside Higher Ed: “This board has opted to impose more restrictive and harmful burdens on Florida students, going beyond what [the DeSantis] administration’s ‘slate of hate’ was able to impact last legislative session and exceeding its oversight authority.”

“This board is signaling its fear of students’ voices uniting for the greater good of our communities while betraying its duty to teach and to inform and its mission to achieve excellence,” Ms. Diaz added.