Florida Senate Bill 266

Florida Senate Bill 266
Florida Legislature
Citation	House Bill 999
Passed by	Florida Senate
Passed	April 28, 2023
Passed by	Florida House of Representatives
Passed	May 3, 2023
Signed by	Ron DeSantis
Signed	May 15, 2023
Commenced	July 1, 2023
Legislative history
First chamber: Florida Senate
Bill title	Higher Education
Introduced by	Erin Grall
Status: In force

Florida Senate Bill 266, also commonly known by its Florida House of Representatives counterpart House Bill 999, is Florida legislation relating to public universities within the state. Under the legislation, diversity, equity and inclusion (DEI) programs and certain college majors relating to DEI would be eliminated or heavily restricted; the legislation phrases such courses as being based on "unproven, theoretical, or exploratory content". The legislation would prohibit state universities from including DEI and political identity filters within higher education hiring processes, and bans the usage of critical race theory in hiring. The law was filed in the Florida House of Representatives on February 21, 2023, by Republican representative Alex Andrade, while a Florida Senate version was filed seven days later by Republican state senator Erin Grall. ^{[1] [2] [3] [4]} The senate version of the legislation, which was noted as less intense in its requirements than the house version, ultimately passed and was signed by governor Ron DeSantis, concurrently with the similar Florida House Bill 931, on May 15, 2023. SB 266 took effect on July 1, 2023. ^{[5] [6]}

The law, which would ban multiple minority race studies as well as some parts of gender studies, is seen by both supporters and opponents as part of the manifestation of DeSantis' wide-reaching educational proposals. Akin to the Florida Parental Rights in Education Act (or the Don't Say Gay Act as described by opposition and protestors), SB 266 and HB 999 also became subject to widespread backlash from students, with protests beginning to be staged at high schools and state universities within days of its initial introduction into the Florida legislature.

Background

Further information: Florida Parental Rights in Education Act

Under DeSantis, Florida has seen a wide number of bills relating to restricting education in the state. The most notable of these bills was the Parental Rights in Education Act, a law which restricted the instruction of homosexuality, gender identity, and various other LGBT+ issues and content within public elementary schools up to third grade. The law was dubbed by critics and a very large opposition as the Don't Say Gay act (less commonly the Don't Say Gay or Trans act), and was the subject of massive protests (particularly by students) across the country. The law was additionally protested by organizations representing various groups of people, from lawyers ^[7] to pediatricians, ^[8] and received scrutiny from the US federal government ^{[9] [10]} and a United Nations-affiliated official on LGBT+ discrimination. ^{[11] [12]} The entertainment industry also heavily mobilized against the bill, with DeSantis and the Florida legislator retaliating against The Walt Disney Company in particular by repealing the Reedy Creek Improvement District, which houses Walt Disney World. ^{[13] [14]}

Provisions

HB 999

HB 999 would prohibit colleges from funding or backing any college programs or campus activities which support or "espouse" DEI. The bill bans courses “based on unproven, theoretical, or exploratory content,” leading critics to ask if that includes the theories explaining evolution, gravity, theoretical physics. Gender studies, critical race theory, and intersectionality would also all be prohibited from being taught as majors. The bill additionally recommends the rewriting of universities' mission statements. ^{[15] [3]} Prior to amendments suggested in early April 2023, women's history and women's studies would also be among the affected disciplines. ^[16]

The bill would empower the Florida public university system's Board of Governors to enforce the law as it sees fit; 14 of the 17 seats on the Board of Governors are appointed directly by Florida's state governor. Each individual university's board of trustees would further gain the ability to review faculty members' tenure at will. ^[17]

SB 266

The senate bill which ultimately passed, by comparison to the house version of the legislation, explicitly limited a smaller number of topics and did not ultimately say in which parts of education where they should be limited. By further contrast to HB 999, SB 266's languages prohibits “theories that systemic racism, sexism, oppression, and privilege are inherent in the institutions of the United States and were created to maintain social, political and economic inequities". The courses under SB 266 are prohibited from core requirements, though after a review by Florida state officials and committees, may be permitted into electives. SB 266 further allows DEI programs to be funded publicly if "an accrediting body" required such programs. ^[6]

Legislative history

The house version's first reading occurred on March 7, 2023, and was favorably received by the Postsecondary Education and Workforce Subcommittee on March 13, which voted along party lines to advance the bill. ^[18]

Senate Bill 266 advanced in the Florida state senate's appropriations committee on April 13, 2023. The Florida Senate passed the bill on April 28, 2023, by a margin of 27-12. ^[19] The House version of the bill passed by a vote of 81-34 on May 3, 2023. ^[20]

Governor Ron DeSantis signed the bill concurrently with Florida House Bill 931 on May 15, 2023. The law took effect on July 1, 2023. ^[21]

Support and opposition

Support

DeSantis' office has backed the bill, saying that it is necessary to prevent colleges and higher education within the state of Florida from leaning too far towards the Democratic Party. A statement released by his office claims that backers to American liberalism "suppress free thought in the name of identity politics and indoctrination", and that a "course correction" is necessary. ^[3] Florida's education commissioner, Manny Díaz, further backs the bill, claiming the administration he works under wishes that students learn to pursue the truth. Both Diaz and DeSantis alludes that the opposition to HB 999 intends to impose ideology or a whim ideology on students. ^[3]

The National Review ran articles in support of the passage of the act, claiming that granting the ability for university boards to review faculty is a positive, and that the bill's mandates on civic education and the study of Western civilization are an improvement to the university curriculum. Stanley Kurtz argues that professors are promoting what he sees as an unnecessary fear of educating students on the Bill of Rights, the US Constitution, and the Federalist Papers. Kurtz further argues that stuff would mostly be the same under the faculty tenure review provisions, and that university presidential review would help to further the mission of the university. ^{[22] [23]}

Student protests

Akin to Florida's Parental Rights in Education Act, students have been the most prominent demographic group opposed to the bill. Protests against the bill were noted to start almost immediately after the legislation was first introduced. Protests were first noted at Florida International University (FIU), Florida State University (FSU), the University of Florida (UF), and the University of South Florida (USF). A smaller protest was also staged at the University of Central Florida (UCF), and protests were additionally held at Florida Atlantic University (FAU) and Florida Gulf Coast University (FGCU). ^[24]

On March 7, 2023, at USF, students rallied and sat in outside a board of trustees meeting, to which the board seemed receptive to. The students outside dropped a banner off of a parking garage which read "stop house bill 999", and both outside and during the sit in, signs reading "Stop Death-Santis" and "Black Lives Matter" were held by students. Inside the board meeting, a letter signed by 30 university student organizations stated that the bill would restrict funding to an untold number of activities and organizations. ^[25] The previous Monday, the University of South Florida was also the site of a protest, in which three students and one university employee were arrested for "causing a loud disturbance" and battery of law enforcement. ^[26]

FSU and FAMU students organized a protest against the bill in Tallahassee, the capital of Florida, on March 6, 2023. Groups who considered themselves at-risk due to the bill, including the FSU Black Student Union and Women Student Union, supported this protest. FSU students' protests were additionally supported by Democratic politicians serving in the Florida legislature. Many of the students at the protest expressed their opposition to the bill was rooted in either FSU's tradition for activism, the danger that the bill would pose to some groups' funding, or to protest the censorship of education. Students from other public Florida universities were noted to have travelled to Tallahassee to join the FSU protest. ^[1] Students at New College of Florida, in Sarasota, protested on May 15, 2023, outside the campus building where DeSantis signed SB266. ^[27]

Students also opposed the bill outside of Florida. Technician, North Carolina State University's student-run newspaper, blasted the bill and labelling it as white supremacy "at its finest". Technician further condemned the bill for including the board's ability to remove professors at will, which would enable schools to "bully" out professors for holding differing views. ^[28]

Other opposition

Legislators in the Florida legislature have raised alarm to line 315 of the bill in particular, the provision restricting public universities' use of funds to support DEI efforts. Democratic state representative Yvonne Hinson raises concern that the legislation would potentially impact the ability of black sororities to continue to function, despite the attempt of Andrade to calm her fears. Florida state senator Shevrin Jones, in an op-ed written for MSNBC, also raised the possibility that House Bill 999 could be used in the future by DeSantis and his supporters to censor and cut funding to the Divine Nine historically-Black college fraternities and sororities. Jones, an alumnus of Alpha Phi Alpha, stated that while some language from the bill was removed which could harm the Divine Nine and other Black Greek life organizations, he remains doubtful that he in good faith can still support the legislation due to its attacks on DEI, a set of values he sees as essential to education. ^{[29] [30]}

The American Council of Learned Societies raised its own protest against the bill and started an online petition signed by numerous organizations and students. The ACLS not only argues that the censorship presented under HB 999's passage would prevent learning, but that Florida universities would lose accreditation for federal funds and prevent numerous low-income students from attending college. Students from across the United States and the world have signed the petition, as have many organizations, including the American Historical Association, the College Art Association, and the Middle East Studies Association of North America. The American Historical Association further submitted its own protest letter signed by many of the same organizations. ^{[31] [32] [33] [34]}

NCF Freedom – an organization which arose out of DeSantis’s conservative takeover of the New College of Florida – filed a lawsuit against the state of Florida on August 10. The complaint alleged that SB266 violated students’ and professors’ free speech in limiting what subjects could or could not be learned and taught. Plaintiffs included NCF Freedom, as well as New College students and professors. An injunction was filed weeks later in the hopes that enforcement of SB266 would be halted until a ruling on the complaint was made. However, on November 2, the judge presiding over the injunction denied the motion.

Historians further expressed their opposition by criticizing the bill for effectively threatening academic freedom. Through its ban of critical race theory, the American Historian Association slammed the bill, as it is argued that teaching accurate American History is impossible without covering concepts related to slavery in the United States and America's history with racism. ^[35]

See also

• Culture war
• Florida Parental Rights in Education Act
• White supremacy in U.S. school curriculum

References

1. Akers, Kinsey. "Protests ensue across Tallahassee in response to controversial HB 999". FSView. Retrieved March 14, 2023.
2. Wallace, Danielle (March 14, 2023). "DeSantis-backed bill that would eliminate DEI from Florida college curriculum advances in state House". Fox News. Retrieved March 14, 2023.
3. Odzer, Ari (March 9, 2023). "Culture War Bill Targets Higher Education in Florida". NBC 6 South Florida. Retrieved March 14, 2023.
4. "House Bill 999 (2023) - The Florida Senate". www.flsenate.gov. Retrieved March 14, 2023.
5. Florida, News Service of; Odzer • •, Ari (May 15, 2023). "What's SB 266? DeSantis Signs College Culture War Bill Into Law". NBC 6 South Florida. Retrieved May 16, 2023.
6. "Florida Senate passes a watered-down slate of higher education changes". Tampa Bay Times. Retrieved May 16, 2023.
7. CASSENS WEISS, DEBRA (February 17, 2022). "ABA opposes provisions in Florida's 'Don't Say Gay' bill". ABA Journal. Archived from the original on May 5, 2022. Retrieved April 27, 2022.
8. VanDeman, Scott (March 16, 2022). "FCAAP ENCOURAGES GOVERNOR TO VETO "DON'T SAY GAY" BILL". Florida Chapter of the American Academy of Pediatrics. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
9. "Statement by Press Secretary Karine Jean-Pierre on Florida's "Don't Say Gay" Law Taking Effect". The White House. July 1, 2022. Archived from the original on January 2, 2023. Retrieved January 2, 2023.
10. "Statement from U.S. Secretary of Education Miguel Cardona on "Don't Say Gay" Law Going into Effect Today". United States Department of Education. July 1, 2022. Archived from the original on February 14, 2023. Retrieved February 14, 2023.
11. "United States: UN expert warns LGBT rights being eroded, urges stronger safeguards". UN Human Rights Office. August 20, 2022. Archived from the original on October 11, 2022. Retrieved January 2, 2023.
12. Coston, Ethan Edward (September 20, 2022). "Efforts to ban, restrict LGBTQ curriculum in Pa. schools — opposed by at least one Bethlehem Area school director — hinge on who becomes the next governor". The Morning Call. Archived from the original on January 24, 2023. Retrieved January 24, 2023.
13. Mazzei, Patricia (March 28, 2022). "DeSantis Signs Florida Bill That Opponents Call 'Don't Say Gay'". The New York Times. ISSN   0362-4331 . Retrieved March 14, 2023.
14. "Gov. DeSantis signs bill eliminating Disney special district". WESH. April 22, 2022. Retrieved March 14, 2023.
15. Nietzel, Michael T. "New Bill Latest Assault In Florida's War On Higher Education". Forbes. Retrieved March 14, 2023.
16. "Changes to House Bill 999, explained". The Independent Florida Alligator. Retrieved May 3, 2023.
17. "For clues about a Ron DeSantis campaign agenda, look to the Florida Legislature". NBC News. March 7, 2023. Retrieved March 14, 2023.
18. "Bill tracking in Florida - HB 999 (2023 legislative session) - FastDemocracy". fastdemocracy.com. Retrieved March 14, 2023.
19. Staff (April 13, 2023). "A controversial higher-ed bill, the companion to HB 999, advances in the Florida Senate". WMNF. Retrieved April 13, 2023.
20. "Senate Bill 266 (2023) - The Florida Senate". www.flsenate.gov. Retrieved May 16, 2023.
21. "DeSantis signs bill banning funding for diversity programs at Florida public colleges". USA TODAY. Retrieved May 16, 2023.
22. "DeSantis Goes Big on Higher-Ed Reform". National Review. March 1, 2023. Retrieved March 14, 2023.
23. "DeSantis Is Putting the Public Back in Public Universities". National Review. March 10, 2023. Retrieved March 14, 2023.
24. Alfonseca, Kiara. "Florida students walk out to protest DeSantis race education policies". ABC News. Retrieved March 14, 2023.Gomez, Melanie. "FAU Students Plan To Protest House Bill 999". UNIVERSITY PRESS. Retrieved March 14, 2023. "Florida College Students Protest DeSantis Legislation on Gender-Affirming Care and DEI | BestColleges". www.bestcolleges.com. Retrieved March 14, 2023. "Florida Atlantic University students protest proposed bill limiting diversity, equity, inclusion education". WPTV News Channel 5 West Palm. March 15, 2023. Retrieved March 28, 2023. "FGCU Students and Faculty Take a Stand Against House Bill 999". Eagle Media. Retrieved April 18, 2023.
25. "USF's latest Board of Trustees meeting is followed by a rally to protest DEI initiatives". WUSF Public Media. March 7, 2023. Retrieved March 14, 2023.
26. Kumar, Divya (March 6, 2022). "USF police clash with protesters in march over diversity programs. 4 arrested". Tampa Bay Times. Retrieved March 14, 2023.
27. "Gov. DeSantis signs bill banning funding for diversity programs at colleges, universities". May 15, 2023.
28. Fabian, Mariana; Richards, Lauren; Welch, Justin (March 21, 2023). "OPINION: Call it what it is — Florida House Bill 999 is white supremacy at its finest". Technician. Retrieved March 28, 2023.
29. "HB 999 opponents fear bill would regulate student campus activities at Florida colleges". WPTV News Channel 5 West Palm. March 14, 2023. Retrieved March 14, 2023.
30. Jones, Shevrin (March 19, 2023). "Opinion | Divine 9 members are right to take DeSantis' attacks personally". MSNBC.com. Retrieved March 27, 2023.
31. "The Effort to Undermine Academic Freedom in Florida House Bill 999". ACLS. Retrieved March 14, 2023.
32. "AHA Signs On to ACLS Statement Opposing Florida House Bill 999 (March 2023) | AHA". www.historians.org. Retrieved March 14, 2023.
33. Association, College Art (March 7, 2023). "CAA Signs ACLS Statement on Florida House Bill 999". CAA News | College Art Association. Retrieved March 14, 2023.
34. "Middle East Studies Association". Middle East Studies Association. March 9, 2023. Retrieved March 14, 2023.
35. Crowder, Valerie (March 15, 2023). "Historians express 'horror' at Florida's HB 999. They say it threatens academic freedom". WUSF Public Media. Retrieved March 16, 2023.

External links

• Full text of HB 999
• Full text of SB 266