Texas DEI ban in public schools gets House approval

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The Texas House gave preliminary approval Sunday to a bill that would ban diversity, equity, and inclusion (DEI) policies and programs in public K–12 schools.

Senate Bill 12, authored by Sen. Brandon Creighton, would prohibit school districts from considering race, ethnicity, gender identity, or sexual orientation in hiring decisions. Training and programs on these topics will also be banned unless required by federal law.

Parents will have to give written consent to allow their children to join school clubs. They will also be able to file complaints if they believe schools do not follow the DEI ban.

The House advanced the bill in an 85-48 vote shortly after midnight Sunday. The Texas Senate voted in favor of the bill in February. Before the bill can go to the governor’s desk, the House will have to take one more vote and the Senate will have to agree to changes the House made to the bill or members from both chambers will have to iron out differences behind closed doors.

Rep. Jeff Leach, the bill’s sponsor, cast the bill as giving parents more control over their children’s curriculum, school materials and safety. He also highlighted that the bill builds on the 2021 ban of teaching critical race theory in Texas, a study that explores how race and racism influence laws and institutions.

“The legislation further upholds parental authority by giving them the ability to opt their child in or out of specific programs, such as the requirement in this bill that a parent must opt in to a child's sex education curriculum, and this is so that parents can make informed choices that align with their family's values,” Leach said.

Supporters of the bill claim that DEI initiatives divert both class time and public funds toward promoting certain ideologies in schools.

“It’s clear these programs are already in our schools using millions of taxpayer dollars meant for the classroom to fund political activism and political agendas,” Creighton said during a public hearing in January.

There were several amendments filed by Democrats that failed, including one by Rep. Rhetta Andrews Bowers, D-Rowlett, which aimed to make sure that the “uncomfortable truth” including slavery is still being taught. Another, by Rep. Christian Manuel, D-Port Arthur, proposed allowing educators to opt out of teaching topics that conflict with their personal beliefs.

Opponents argue that banning these initiatives would disproportionately harm marginalized students, especially those who are LGBTQ+. They say it would take away safe spaces where students can find community and support, potentially leading to increased levels of depression and anxiety.

“Without DEI, you're going to see more students who might think that they are alone,” Ash Hall, a policy and advocacy strategist for LGBTQIA+ rights at the American Civil Liberties Union of Texas, told The Texas Tribune.

The broad and vague language of the bill also creates a high risk of overapplication and could lead schools to censor themselves out of fear of violating unclear rules, critics worry.

During the discussion late Saturday, the House also approved an amendment introduced by Leach . The amendment clarifies that if a school employee is terminated for violating the DEI ban, they have the right to appeal. It also states that schools can recruit candidates from a specific ethnic group to increase diversity in their hiring pool, and it will not be considered a violation.

When SB 12 was first introduced, it included a broader definition of DEI practices and threatened to withhold state funding from schools that didn’t comply. These concerns were later addressed, and the bill was revised to remove the risk of defunding school districts.

The latest version requires schools to provide an explanation if a parent files a complaint about a potential DEI ban violation. If the parent is not satisfied with the response, they can appeal to the Texas Education Commissioner, who must assign an examiner and hold a hearing to review the complaint.

School districts also must adopt a policy to discipline or even terminate employees who knowingly take part in DEI activities.

If passed, the bill will take effect Sept. 1.

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