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 (DEI) concepts in higher education. These restrictions may affect ASHA members who work in higher education and could impact members' ability 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.

Alabama

Alabama law prohibits an institution of higher education from requiring students to attend or participate in any DEI program, training, orientation, or coursework if it advocates for or requires assent to a divisive concept.

Reference: SB 129 (2024) [PDF]

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 DEI or promote or engage in political or social activism.

Reference: SB 266 (2023) [PDF]

Florida law also prohibits the state's public institutions from giving preferential consideration for employment, admission, or promotion to individuals who show support for "any ideology or movement that promotes the differential treatment of a person or a group of persons based on race or ethnicity, including an initiative or a formulation of diversity, equity, and inclusion."

Reference: HB 931 (2023) [PDF]

Idaho

Idaho law bans diversity statements in hiring and admissions decisions. This includes any written or oral statement that discusses an applicant or candidate's “race, sex, color, ethnicity, sexual orientation, or views on, experience with, or contributions to DEI.”

Reference: SB 1274 (2024)

Iowa

Iowa law bans DEI offices at state colleges and universities and limits the types of positions and viewpoints an institution can promote. Viewpoints that schools cannot promote include allyship, antiracism, microaggressions, systemic oppression, gender theory, transgender ideology, and more.

Reference: SF 2435 (2024) [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. The law also prohibits these institutions from using 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 to participate in implicit bias training. This includes making 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 to participate in implicit bias training.

Reference: SB 102 (2023) [PDF]

Tennessee law also allows students and employees to report professors who teach “divisive concepts” to their institution.

Reference: HB 1376 (2023) [PDF]

Texas

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

Reference: SB 17 (2023) [PDF]

Utah

Utah law eliminates training requirements that promote “differential treatment,” prohibits race in hiring practices, and prohibits higher education, state board, and government employees from establishing or maintaining a DEI office.

Reference: HB 261 (2024)