By Zenitha Prince,
Special to the AFRO
Students, civil rights groups and others are decrying the March 7 passage of a controversial bill that would stymie diversity, equity and inclusion (DEI) programs in Alabama schools.
Senate Bill 129 was passed by the state House of Representatives on March 7, inching it ever closer to the governor’s desk. If enacted, it would prevent local education boards, institutions of higher learning and state agencies from promoting or engaging in DEI activities or programs. It also prevents the teaching of coursework that promotes “divisive concepts” in classrooms. Contractors or public employees found guilty of circumventing these directives would face disciplinary action or termination.
The legislation also requires public institutions of higher education to designate restrooms on the basis of biological sex.
“This unconscionable bill ignores the will of the people and threatens years of progress toward racial and social justice and LGBTQ+ rights for generations to come,” said Jerome Dees, Alabama policy director of the Southern Poverty Law Center Action Fund, in a statement.
The legislation, as currently written, offers somewhat vague or far-ranging definitions.
A DEI program is defined as “any program, class, training, seminar, or other event where attendance is based on an individual’s race, sex, gender identity, ethnicity, national origin, or sexual orientation, or that otherwise violates this act,” aside from those programs required by state or federal law.
A “divisive concept,” according to SB 129, is an idea that suggests fault, blame, or bias should be assigned to individuals based on their race, color, religion, sex, ethnicity, or national origin; suggests persons of a particularly group are complicit or should share the blame for the actions of others belonging to that group; deems meritocracy to be racist; and other concepts.
The Alabama American Civil Liberties Union opposed the bill, saying it would have a “chilling effect,” and that it undermines the First Amendment right to share and receive ideas.
“This is not only a form of classroom censorship, it’s an anti-truth bill which curtails an education on systemic inequities, racial violence, and the historic efforts to gain civil rights and civil liberties for marginalized communities throughout our nation’s history,” the group stated on its website.
SB 129 is the latest salvo by Republican politicians in response to “woke” culture – a negative buzzword among conservatives for anything that seems to liberal – and to critical race theory in particular. The divisive academic concept suggests that racism is not merely a reflection of individual biases or prejudice, but also embedded in legal and other public systems.
According to the Chronicle of Higher Education, at least 22 states have introduced legislation targeting DEI college programs as of July 2023.
Rep. Ed Oliver, R-Dadeville, who introduced a former version of the bill, said banning “divisive concepts” would provide “guardrails” to protect students in grades K-5 from “overzealous” teachers, and protects college students from being forced to digest unwanted teachings.
“Academic freedom in college is very important…. What we don’t want to see in college is a student that is compelled to comply or to assent to something they don’t believe in,” he said.
Hundreds of students from across Alabama have voiced their opposition to the legislation, including participating in a rally on March 6 near the State House in Montgomery.
“Students want diversity, equity and inclusion in their schools and institutions of higher learning because they know that when these programs are in place, they can freely be themselves without fear of harm,” said the SPLC’s Dees.
He added, “This bill sets a dangerous precedent for our teachers and students.”
SB 129 now rests with the state Senate to vote on the bill as amended by the House before it can be forwarded to Gov. Kay Ivey for signature. If approved, the legislation would go into effect on Oct. 1, 2024.
