Text of OK SB 1678 (2024)
Higher education; prohibiting certain institutions of higher education from using state resources to support diversity, equity, and inclusion. Effective date. Emergency.
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As introduced
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Req. No. 3388
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1678
By: Dahm
AS INTRODUCED
An Act relating to higher education; prohibiting
certain institutions of higher education from using
state funds, property, or resources to support or
require certain activities related to diversity,
equity, and inclusion; requiring certain institutions
of higher education to initiate certain review after
certain date; providing for restructuring or
elimination of certain unnecessary functions;
providing certain construction; requiring certain
institutions to submit certain annual certificate of
compliance by certain date; providing for
promulgation of rules; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3251 of Title 70, unless there
is created a duplication in numbering, reads as follows:
A. No institution of higher education within The Oklahoma State
System of Higher Education shall utilize state funds, property, or
resources to:
1. Grant or support diversity, equity, and inclusion positions,
departments, activities, procedures, or programs to the extent they
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grant preferential treatment based on one person’s particular race,
color, ethnicity, or national origin over another’s;
2. Mandate any person to participate in, listen to, or receive
any education, training, activities, procedures, or programming to
the extent such education, training, activities, procedures, or
programming grants preferences based on one person’s particular
race, color, sex, ethnicity, or national origin over another’s;
3. Mandate any person swear, certify, or agree to any loyalty
oath that favors or prefers one particular race, color, sex,
ethnicity, or national origin over another’s;
4. Mandate any person to certify or declare agreement with,
recognition of, or adherence to any particular political,
philosophical, religious, or other ideological viewpoint;
5. Mandate any applicant for employment provide a diversity,
equity, and inclusion statement or give any applicant for employment
preferential consideration based on the provision of such a
diversity, equity, and inclusion statement; or
6. Mandate any person to disclose their pronouns.
B. After the effective date of this act, institutions of higher
education within The Oklahoma State System of Higher Education shall
initiate a review of diversity, equity, and inclusion positions,
departments, activities, procedures, and programs and, if deemed
necessary, restructure or eliminate functions that are not necessary
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for compliance, accreditation, or student or employee support
services intended to broadly support success.
C. Nothing in this section shall be construed to limit or
prohibit institutions of higher education within The Oklahoma State
System of Higher Education, including any agency of the executive
branch supporting those institutions’ work, from applying for a
grant or complying with the accreditation requirements of an
accrediting or licensing agency including, but not limited to,
submitting to the grantor or accreditation agency a statement that:
1. Highlights the institution’s or agency’s work in supporting:
a.
first-generation college students,
b.
students from low-income families,
c.
students with unique abilities, or
d.
underserved student populations; or
2. Certifies compliance with applicable anti-discrimination
laws, rules, and regulations.
D. The provisions of this section shall not be construed to
apply to institutions of higher education within The Oklahoma State
System of Higher Education with respect to:
1. A policy, practice, procedure, program, class, or activity
required for compliance with state or federal laws, rules, or
regulations for obtaining or retaining institutional, academic, or
discipline-specific accreditation or licensure;
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2. The academic freedom of any individual faculty member to
direct the instruction within his or her own course;
3. Scholarly research or creative work by an institution of
higher education’s students, faculty, or other research personnel or
the dissemination of such research or work;
4. An activity of a student organization registered with or
recognized by an institution of higher education;
5. Guest speakers or performances on short-term engagements;
6. Academic support, tutoring, and career services and student
success centers, so long as the programming is designed and
implemented without regard to race, sex, color, national origin, or
ethnicity;
7. Data collection; or
8. Access programs for military, veterans, Pell Grant
recipients, first-generation college students, students from low-
income families, students with unique abilities, or underserved
student populations.
E. By July 1, 2025, and each July 1 thereafter, institutions of
higher education within The Oklahoma State System of Higher
Education shall electronically submit to the Governor, the President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives a certificate of compliance with the provisions of
this section.
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F. Nothing in this section shall be construed to prohibit the
promotion of civil discourse, debate, or speech that is protected by
the First Amendment to the United States Constitution.
G. The Oklahoma State Regents for Higher Education may
promulgate rules to implement the provisions of this section.
SECTION 2. This act shall become effective July 1, 2024.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
59-2-3388
EB
1/16/2024 2:24:22 PM