Text of LA HB 685 (2025)

HLS 25RS-1709 ORIGINAL 2025 Regular Session HOUSE BILL NO. 685 (Substitute for House Bill No. 421 by Representative Chenevert) BY REPRESENTATIVE CHENEVERT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. STATE AGENCIES: Provides relative to diversity, equity, and inclusion in state agencies 1 AN ACT 2 To enact Part XV of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 1950, to be 3 comprised of R.S. 17:3399.51, and Chapter 23 of Title 49 of the Louisiana Revised 4 Statutes of 1950, to be comprised of R.S. 49:1601, relative to state agencies; to 5 prohibit certain agency programs and practices related to diversity, equity, and 6 inclusion; to require public postsecondary education institutions to take certain 7 actions related to diversity-, equity-, and inclusion-related coursework; to require the 8 legislative auditor to conduct annual audits and report to the governor and certain 9 legislative committees; and to provide for related matters. 10 Be it enacted by the Legislature of Louisiana: 11 Section 1. Part XV of Chapter 26 of Title 17 of the Louisiana Revised Statutes of 12 1950, comprised of R.S. 17:3399.51, is hereby enacted to read as follows: 13 Part XV. DIVERSITY, EQUITY, AND INCLUSION 14 §3399.51. Mandatory undergraduate coursework 15 A. As used in this Section: 16 (1) "Public institution" means any public postsecondary education 17 institution. 18 (2)(a) "DEI-related instructional content" means any of the following: 19 (i) Instructional content that relates to critical race theory, white fragility, 20 white guilt, systemic racism, institutional racism, anti-racism, systemic bias, implicit Page 1 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 1 bias, unconscious bias, intersectionality, gender identity, allyship, race-based 2 reparations, race-based privilege, or the use of pronouns. 3 (ii) Instructional content that promotes the differential treatment of any 4 individual or group of individuals based on race or ethnicity, imputed bias, or other 5 ideology related to diversity, equity, or inclusion. 6 (iii) Any course with a course description, course overview, course 7 objectives, proposed student learning outcomes, written examinations, or written or 8 oral assignments that include content described in Items (i) and (ii) of this 9 Subparagraph and for which the student will receive a grade. 10 (b) "DEI-related instructional content" does not include any of the following: 11 (i) The identification or discussion of historical movements, ideologies, or 12 instances of racial hatred or discrimination including but not limited to slavery, 13 Indian removal, the Holocaust, or Japanese-American internment. 14 (ii) The identification or discussion of genetic predispositions or tendencies 15 in epidemiology or physiology or any other part of instruction required in medical 16 education, biology, or licensure that does not posit race-based injustice, 17 discrimination, or oppression. 18 (iii) The identification or discussion of differences between the biological 19 sexes or bona fide qualifications based on biological sex that are reasonably 20 necessary to the normal operation of public institutions. 21 (iv) Programming explicitly required by state or federal anti-discrimination 22 laws or an applicable court order or the identification of the provisions of anti- 23 discrimination law or a court order. 24 B. Each public postsecondary education management board shall adopt a 25 plan of specific steps and measures to ensure that each institution under its 26 supervision and management does not require DEI-related instructional content in 27 undergraduate academic degree programs, including general education, and major, 28 minor, or certificate requirements except as provided in Subsection C of this Section. Page 2 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 1 C. Undergraduate academic program requirements of any major, minor, 2 certificate, or department whose title clearly establishes its course of study as 3 primarily focused on racial, ethnic, or gender studies may be exempted from 4 Subsection B of this Section. 5 D.(1) Nothing in this Section shall be construed to limit the academic 6 freedom of any individual faculty member to direct the instruction of his own class, 7 nor limit the free discussion of ideas in a classroom setting. 8 (2) Nothing in this Section shall be construed to limit any programming 9 explicitly required by, and limited to, the public institution's obligations to comply 10 with Title IX of the Education Amendments of 1972, as amended; the Age 11 Discrimination in Employment Act, as amended; Title VI of the Civil Rights Act of 12 1964; Title III of the Higher Education Act of 1965; the Americans with Disabilities 13 Act, as amended; or any other state or federal law or applicable court order. 14 Section 2. Chapter 23 of Title 49 of the Louisiana Revised Statutes of 1950, 15 comprised of R.S. 49:1601, is hereby enacted to read as follows: 16 CHAPTER 23. DIVERSITY, EQUITY, AND INCLUSION 17 §1601. Diversity, equity, and inclusion 18 A. As used in this Section: 19 (1) The terms "agency", "department", and "office", shall have the meanings 20 provided in R.S. 36:3. 21 (2) "Diversity, equity, and inclusion" or "DEI" means any of the following: 22 (a) Any effort to influence hiring or employment practices with respect to 23 race, color, ethnicity, sex, national origin, gender identity, or sexual orientation, 24 other than through the use of hiring processes to reduce gender-based or race-based 25 biases in accordance with any applicable state and federal anti-discrimination laws. 26 (b) Any effort to promote or implement policies, procedures, or trainings 27 designed in reference to race, color, ethnicity, national origin, gender identity, or 28 sexual orientation. Page 3 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 1 (c) Any effort to promote differential treatment of or provide special services 2 or benefits to individuals on the basis of race, color, ethnicity, sex, national origin, 3 gender identity, or sexual orientation. 4 (d) Any program, activity, initiative, event, instruction, action, measure, 5 factor, or policy that classifies or references individuals on the basis of race. 6 B. Agencies, departments, public postsecondary education institutions, and 7 offices are prohibited from the following: 8 (1) Maintaining or creating any initiative, training, or office related to DEI. 9 (2) Employing, contracting, engaging, or hiring an individual to perform 10 functions related to DEI. 11 (3) Requiring or soliciting an applicant, employee, or student to provide a 12 written or oral statement regarding DEI. 13 (4) Extending any preferential treatment based on race, color, ethnicity, sex, 14 national origin, gender identity, or sexual orientation in making decisions at public 15 postsecondary education institutions on admissions, state-supported financial-aid, 16 scholarships, or other services or benefits. 17 (5) Giving differential or preferential treatment to an applicant, employee, 18 or student based on views expressed or actions taken related to DEI. 19 C. Nothing in this Section shall be construed to do any of the following: 20 (1) Conflict with or prohibit compliance with Title IX of the Education 21 Amendments of 1972, as amended; the Age Discrimination in Employment Act, as 22 amended; Title VI of the Civil Rights Act of 1964; Title III of the Higher Education 23 Act of 1965; the Americans with Disabilities Act, as amended; or any other state or 24 federal law or applicable court order. 25 (2) Limit any programs, divisions, or activities that assist in the investigation 26 or prosecution of discrimination complaints in compliance with the federal 27 Workforce Innovation and Opportunity Act or any successor act. 28 (3) Conflict with, restrict, limit, or infringe upon speech protected by the 29 First Amendment of the Constitution of the United States. Page 4 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 1 (4) Prohibit bona fide qualifications based on sex that are reasonably 2 necessary to the normal operation of an agency, department, public postsecondary 3 education institution, or office. 4 (5) Prohibit the celebration of any holiday, observance, commemoration, or 5 remembrance. 6 (6) Restrict or prohibit any of the following activities of a public 7 postsecondary education institution: 8 (a) Academic course instruction. 9 (b) Scholarly research or creative works by faculty, students, and research 10 personnel. 11 (c) Efforts and data gathering to improve student success or credential 12 completion. 13 (d) Activities of registered or recognized student organizations. 14 (e) Arrangements for guest speakers and performers with short-term 15 engagements. 16 (f) Mental or physical health services provided by licensed professionals. 17 (g) Student recruitment or admissions. 18 D. The legislative auditor shall conduct a yearly audit to determine whether 19 there has been a violation of this Section. If the legislative auditor determines that 20 a violation of this Section has occurred, the determination shall be reported to the 21 governor and the legislature. 22 Section 3. Notwithstanding any law to the contrary, the title of any department, 23 major, minor, or certificate program in effect on the effective date of this Act shall not be 24 altered or renamed to establish an emphasis on racial, ethnic, or gender studies. 25 Section 4. If any provision of this Act or the application thereof is held invalid, such 26 invalidity shall not affect other provisions or applications of this Act which can be given 27 effect without the invalid provisions or applications, and to this end the provisions of this 28 Act are hereby declared severable. Page 5 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 685 Original 2025 Regular Session Chenevert Abstract: Prohibits certain state agency programs and practices related to diversity, equity, and inclusion and requires public postsecondary education institutions to take certain actions related to diversity-, equity-, and inclusion-related coursework. State executive branch agency programs and practices Proposed law defines "diversity, equity, and inclusion", or "DEI", as the following: (1) Any effort to influence hiring or employment practices with respect to race, color, ethnicity, sex, national origin, gender identity, or sexual orientation, other than through the use of hiring processes to reduce gender-based or race-based biases in accordance with any applicable state and federal anti-discrimination laws. (2) Any effort to promote or implement policies, procedures, or trainings designed in reference to race, color, ethnicity, national origin, gender identity, or sexual orientation. (3) Any effort to promote differential treatment of or provide special services or benefits to individuals on the bases of race, color, ethnicity, sex, national origin, gender identity, or sexual orientation. (4) Any program, activity, initiative, event, instruction, action, measure, factor, or policy that classifies or references individuals on the basis of race. Proposed law provides that all boards, commissions, departments, agencies, offices, officers, and other instrumentalities within the executive branch of state government, and all public postsecondary education institutions are prohibited from the following: (1) Maintaining or creating any initiative, training, or office related to DEI. (2) Employing, contracting, engaging, or hiring an individual to perform functions related to DEI. (3) Requiring or soliciting an applicant, employee, or student to provide a written or oral statement regarding DEI. (4) Extending any preferential treatment based on race, color, ethnicity, sex, national origin, gender identity, or sexual orientation in making decisions at public postsecondary education institutions on admissions, state-supported financial-aid, scholarships, or other services or benefits. (5) Giving differential or preferential treatment to an applicant, employee, or student based on views expressed or actions taken related to DEI. Proposed law provides that proposed law shall not do any of the following: (1) Conflict with or prohibit compliance with Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, Title VI of the Civil Rights Act Page 6 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 of 1964, Title III of the Higher Education Act of 1960, the Americans with Disabilities Act, or any other state or federal law or applicable court order. (2) Limit any programs, divisions, or activities that assist in the investigation or prosecution of discrimination complaints in compliance with the federal Workforce Innovation and Opportunity Act or any successor act. (3) Conflict with, restrict, limit, or infringe upon speech protected by the First Amendment of the U.S. Constitution. (4) Prohibit bona fide qualifications based on sex that are reasonably necessary to the normal operation of the entity. (5) Prohibit the celebration of any holiday, observance, commemoration, or remembrance. Proposed law provides that proposed law shall not restrict or prohibit any of the following activities of a public postsecondary education institution: (1) Academic course instruction. (2) Scholarly research or creative works by faculty, students, and research personnel. (3) Efforts and data gathering to improve student success or credential completion. (4) Activities of registered or recognized student organizations. (5) Arrangements for guest speakers and performers with short-term engagements. (6) Mental or physical health services provided by licensed professionals. (7) Student recruitment or admissions. Proposed law requires the legislative auditor to conduct a yearly audit to determine whether there has been a violation of proposed law and to report such a determination to the governor and the legislature. Coursework at public postsecondary education institutions Proposed law defines "DEI-related instructional content" as the following: (1) Content related to diversity, equity, or inclusion that relates to any of the following topics: critical race theory, white fragility, white guilt, systemic racism, institutional racism, anti-racism, systemic bias, implicit bias, unconscious bias, intersectionality, gender identity, allyship, race-based reparations, race-based privilege, or the use of pronouns. (2) Content that promotes the differential treatment of any individual or group of individuals based on race or ethnicity, imputed bias, or other ideology related to diversity, equity, or inclusion. (3) Any course with a course description, course overview, course objectives, proposed student learning outcomes, written examinations, or written or oral assignments that include DEI-related content and for which the student will receive a grade. Proposed law provides that DEI-related instructional content does not include any of the following: Page 7 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 25RS-1709 ORIGINAL HB NO. 685 (1) The identification or discussion of historical movements, ideologies, or instances of racial hatred or discrimination including but not limited to slavery, Indian removal, the Holocaust, or Japanese-American internment. (2) The identification or discussion of genetic predispositions or tendencies in epidemiology or physiology or any other part of instruction required in medical education, biology, or licensure that does not posit race-based injustice, discrimination, or oppression. (3) The identification or discussion of differences between the biological sexes or bona fide qualifications based on biological sex that are reasonably necessary to the normal operation of public institutions. (4) Programming explicitly required by state or federal anti-discrimination laws or an applicable court order or the identification of the provisions of anti-discrimination law or a court order. Proposed law requires each public postsecondary education management board to adopt a plan of specific steps and measures to ensure that each institution under its supervision and management does not require DEI-related instructional content in undergraduate academic degree programs, including general education, and major, minor, or certificate requirements. However, proposed law does authorize undergraduate academic program requirements of any major, minor, certificate, or department whose title clearly establishes its course of study as primarily focused on racial, ethnic, or gender studies. Proposed law provides that proposed law shall not be construed to limit the academic freedom of any individual faculty member to direct the instruction of his own class, nor limit the free discussion of ideas in a classroom setting. Proposed law provides that proposed law shall not be construed to limit any programming explicitly required by, and limited to, the institution of higher education's obligations to comply with Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, Title VI of the Civil Rights Act of 1964, Title III of the Higher Education Act of 1965, the Americans with Disabilities Act, or any other state or federal law or applicable court order. Proposed law provides that the title of any existing department, major, minor, or certificate program shall not be altered or renamed to establish an emphasis on racial, ethnic, or gender studies. (Adds R.S. 17:3399.51 and R.S. 49:1601) Page 8 of 8 CODING: Words in struck through type are deletions from existing law; words underscored are additions.