House Bill 1193: Prohibition on DEI

March 20, 2025April 14, 2025 Bill Tracker

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On April 1, the House adopted the conference report for HB 1193. On April 2, the Senate adopted the conference report for HB 1193.

Explanation of the Bill

House Bill 1193 prohibits DEI statements and practices in public K-12 and postsecondary schools.

The purpose of the act, as written in the bill, is to “ensure that employment, academic opportunities and student engagement are based solely on individual merit, qualifications and academic performance, without consideration of an individual’s race, sex, color, national origin, or expressed opposition to, or refusal to affirm or participate in, diversity, equity and inclusion.”

The bill requires the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education and the Mississippi Charter School Authorizer Board to ensure that each institution, college, and public school does not expend funds, except as required by federal law, to:

• Establish or maintain a diversity, equity, and inclusion office;
• Engage in “divisive concepts,” including the ideas that:
  • One race, sex, color, or national origin is inherently superior to another;
  • An individual is inherently racist, sexist, or oppressive;
  • An individual should be discriminated against or treated adversely solely because of their race, sex, color, or national origin;
  • Members of one race, sex, color, or national origin cannot and should not attempt to treat others without respect to race, color, national origin, sex, gender identity, or sexual orientation;
  • An individual’s moral character is necessarily determined by his or her race, color, sex, or national origin;
  • An individual, by virtue of his or her race, color, sex or national origin, bears responsibility for actions committed in the past;
  • An individual should feel discomfort on account of his or her race, color, sex, or national origin; or
  • Meritocracy or traits such as hard work ethic are racist or sexist, or were created by a particular class to oppress another class;
• Hire or assign an employee, or contract with a third party, to perform the duties of a diversity, equity, and inclusion office; 
• Maintain any programs that promote diversity, equity, and inclusion, endorse divisive concepts or concepts promoting transgender ideology, gender-neutral pronouns, deconstruction of heteronormativity, gender theory, sexual privilege, or any related concept;
• Require or solicit anyone to provide a diversity, equity, and inclusion statement, or give preference to anyone providing a diversity, equity, and inclusion statement, in hiring or admission;
• Give preference to an applicant for employment, or when awarding a contract, on the basis of race, sex, color, ethnicity, gender identity, or sexual orientation;
• Require any person to participate in diversity, equity, and inclusion training; 
• Require any trainings, policies or procedures that result in “any formal or informal” seminars or programs with a focus on “increasing awareness or understanding of issues related to race, sex, color, gender identity, sexual orientation or national origin”; or
• Penalize a student, employee, or contractor on the basis of their refusal to support a diversity, equity, or inclusion concept.
  

Terms Related to Sex
The bill requires the State Department of Education, the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board and the Mississippi Charter School Authorizer Board to recognize policies and curriculum in accordance with the definitions of the terms “female,” “male” and “sex” in Section 1-3-85 and Section 41-141-3(a). The first section referenced appears to be a typo, as the terms are present in Section 1-3-83, and Section 1-3-85 does not exist. The definitions in 1-3-83 are as follows: 

• Sex: the biological indication of male and female as observed or clinically verified at birth, without regard to a person’s psychological, chosen, or subjective experience, feelings, actions, or sense of self.
• Female: an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces eggs.
• Male: an individual who naturally has, had, will have, or would have, but for a developmental or genetic anomaly or historical accident, the reproductive system that at some point produces sperm.

Complaint Process
The bill would require the Board of Trustees of State Institutions of Higher Learning, the Mississippi Community College Board, the Mississippi State Board of Education and the Mississippi Charter School Authorizer Board to adopt a complaint process and investigative procedures for appropriately investigating an employee, contractor, institution, college, or public school that violates any of the above. These governing bodies would be required to adopt such a model complaint process within 90 days of this bill taking effect, and policies and procedures for investigations within 90 days of adopting the model rules.

A person could file a complaint regarding violations or potential violations of this act within 30 days of the alleged violation. Anyone under 18 years old could file a complaint through their parent, guardian, or other representative. The appropriate governing board would investigate the violation under their adopted procedures, and they would report their findings within 30 days to the person making the complaint and the institution, college, or public school that is the subject of the complaint.  Any public entity found to be in violation of the act would have 25 days to remedy the violation. If the violation is not cured in this period, the aggrieved party could file an application for injunctive relief to compel the board to cure the error.

If either party is unhappy with a final decision made by the governing board, they are entitled to judicial review. They can file a new appeal in the chancery court of the district where the school or institution is located, within 30 days of receiving the decision. The chancery court can order a remedy. If either party disagrees with the chancery court’s decision, they can appeal to the state’s Supreme Court.

If the person making the complaint does not agree with the decision of the board, they are also able to elevate their complaint to the Attorney General by sending the complaint along with the decision of the board and any supporting documentation. If the Attorney General finds evidence of a violation, they could file suit for a “writ of mandamus,” compelling the institution, college, or public school to comply with the law. 

People eligible to file a complaint include students enrolled in degree programs; faculty or staff members; contractors; and parents, guardians, or representatives of minors at an institution, college, or public school. 

Consequence of Violations

If an entity is found to be in violation of this act, the state will withhold funding from that entity unless the violation is remedied within 30 days of the final ruling. The funds will be withheld until the school or college proves it is in compliance with this act.

Annual Reporting Requirements

By July 30 of each year, beginning in 2026, each institution, college, or public school would be required to submit a report to their governing boards summarizing all reported incidents. By October 30 of each year, each governing board would be required to prepare a report for the Legislature that includes a compilation of the reports from each institution, college, and public school under its purview.  The report from the governing board would also include recommendations for changes to this act. The Legislature could call a representative from each board to testify at public committee meetings regarding the board’s compliance with this act.

Exceptions
The act would not apply to:

• Programs for military veterans, students with disabilities, or students who have been under a child protective services order;
• Scholarly research or creative work at an institution, college, or public school;
• Activities of registered student organizations, guest speakers, or performers at an institution; college; or public school, as long as state funds are not used; 
• Policies that protect academic course instruction, intellectual diversity and true expression provided that none of these protected tenets conflict with the act;
• Data collection; 
• Student recruitment; 
• Programs or activities that ensure compliance with state and federal laws, or court orders; 
• An institution, college, or public school in its actions against a student, employee, or contractor for failing to comply with state or federal laws;
• Discussions of pathological approaches with students who have disabilities; or
• Compliance with applicable academic accreditation standards or requirements.

This act would take effect upon its passage.

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