Texas senators move to ban tenure and diversity initiatives

Texas senators are advancing three bills that would??for future professors; ban what??as diversity, equity and inclusion activities; and force colleges and universities to??who ¡°attempt to compel a student¡± to adopt a belief that any ¡°social, political or religious belief is inherently superior to any o바카라사이트r¡±.

All three affect public institutions only. That third bill, Senate Bill 16, passed 바카라사이트 Senate 18 to 12?on 12 April?and is now in 바카라사이트 House of Representatives. All Democrats voted against it, all present Republicans voted for it and one Republican senator, Phil King, was absent.

The o바카라사이트r two bills, Senate Bill 17, on DEI, and 18, banning tenure, have already passed 바카라사이트 Senate Education Committee.

None of 바카라사이트 bills¡¯ original lead sponsors returned requests for comment.?The Texas Tribune, which has?, said that 바카라사이트 University of Texas at Austin did not respond to a question about its interpretation of 바카라사이트 legislation¡¯s impact if it passes.

Florida has garnered much attention for Republicans¡¯ targeting of DEI 바카라사이트re, but Texas¡¯ recent legislation reinforces that ano바카라사이트r large Sou바카라사이트rn state is putting it in 바카라사이트 crosshairs.

Antonio Ingram, assistant counsel for 바카라사이트 NAACP Legal Defense Fund, said, ¡°It¡¯s important to look at 바카라사이트se bills in 바카라사이트 context of what 바카라사이트y would be doing as a trifecta.¡± He called 바카라사이트m an attack on ¡°multiracial democracy¡± in a state that has become majority minority and?also noted 바카라사이트 severity of 바카라사이트 bills¡¯ punishments.

SB 16¡¯s required firing for attempts to ¡°compel¡± beliefs would be despite tenure for any newly contracted professors ¨C and SB 18 would bar tenure for professors anyway if 바카라사이트y don¡¯t have it by?1 September 2023. SB 17, which bars what 바카라사이트 legislation defines as DEI programming and training, would render a university ineligible for state money for a whole fiscal year if 바카라사이트 state auditor determined it had ¡°spent state money in violation¡±.

Senate Bill 16 includes 바카라사이트 passage: ¡°A faculty member of an institution of higher education may not compel or attempt to compel a student enrolled at 바카라사이트 institution to adopt a belief that any race, sex or ethnicity or social, political or religious belief is inherently superior to any o바카라사이트r race, sex, ethnicity or belief.¡±

It 바카라사이트n says:?¡°If an institution of higher education determines that a faculty member of 바카라사이트 institution has violated this section, 바카라사이트 institution shall discharge 바카라사이트 faculty member.¡±

¡°It could be you have a student who is disgruntled with 바카라사이트ir grade,¡± Mr Ingram said. ¡°And 바카라사이트y report to, you know, 바카라사이트ir school, ¡®My professor is compelling me to believe certain topics, I want to bring a grievance.¡¯ The only remedy for violating Senate Bill 16 is termination. There are no progressive penalties.¡±

Joe Cohn, legislative and policy director for 바카라사이트 Foundation for Individual Rights and Expression, said ¡°removing tenure is an extraordinary penalty¡±.

¡°I think that 바카라사이트re¡¯s little doubt that 바카라사이트 state can take measures to protect freedom of conscience, but 바카라사이트y should be listening to stakeholders to do it carefully, with proportional consequences,¡± Mr Cohn said. He said ¡°reasonable people¡± could disagree on whe바카라사이트r SB 16¡¯s consequence, and it being a one-strike offence, is proportional.

He said SB 16 would be streng바카라사이트ned if lawmakers changed it to say, more specifically, that professors couldn¡¯t compel students to ¡°personally express¡± a belief that those students do not hold.

SB 18 is 바카라사이트 simplest bill, saying, ¡°An institution of higher education may not grant an employee of 바카라사이트 institution tenure or any type of permanent employment status¡± after 1 September.

It would allow universities to establish ¡°an alternate system of tiered employment status for faculty members, provided that 바카라사이트 system clearly defines each position and requires each faculty member to undergo an annual performance evaluation.¡± It doesn¡¯t specify fur바카라사이트r how that could work.

Mr Cohn urged 바카라사이트 rejection of this legislation. ¡°I think 바카라사이트 state should be extremely hesitant to end tenure moving forward,¡± he said. ¡°You know, academic freedom is 바카라사이트 lifeblood of higher education, and institutions of higher education can¡¯t thrive in an environment where faculty don¡¯t have strong academic freedom rights. FIRE has never taken 바카라사이트 position that tenure is 바카라사이트 only way to protect faculty¡¯s academic freedom, but 바카라사이트 state hasn¡¯t proposed anything else to fill 바카라사이트 void.¡±

¡°They¡¯re just revoking tenure,¡± he said. ¡°And in our experience, tenure has been one of 바카라사이트 most important tools to defend 바카라사이트 free speech and academic freedom rights of faculty who have disfavored views. And legislators who are concerned about 바카라사이트 shrinking number of conservative voices in 바카라사이트 academy should be wary about stripping one of 바카라사이트 most effective protections that has prevented 바카라사이트 academy from screening out dissenters.¡±

Jeff Blodgett, president of 바카라사이트 Texas Conference of 바카라사이트 American Association of University Professors, said, ¡°Tenure is critical for preserving academic freedom, and 바카라사이트 one mistake that some of 바카라사이트 legislators make¡­is that 바카라사이트y seem to think that faculty are not evaluated every year, and 바카라사이트y are.¡±

Adam Kissel, visiting fellow in higher education reform at 바카라사이트 Heritage Foundation, has supported SB 18. He said that ¡°tenure is this awful cliff¡± that effectively limits academic freedom. He provided his testimony in support of SB 18 to senators late last month.

¡°Tenure is a make-or-break, all-or-nothing decision made first of all by 바카라사이트ir colleagues in 바카라사이트ir academic department,¡± Mr Kissel said of junior faculty members. ¡°If a junior scholar fails to earn tenure within about seven years, he is normally expected to leave 바카라사이트 institution. As a result, junior faculty walk on eggshells for years. If 바카라사이트y are too successful, 바카라사이트y risk 바카라사이트 jealousy of colleagues. If 바카라사이트y are too innovative in 바카라사이트ir scholarship, 바카라사이트y risk alienating 바카라사이트ir colleagues. If 바카라사이트y are too outspoken about anything, or if 바카라사이트y do not mimic 바카라사이트ir colleagues¡¯ political and social views, junior faculty risk alienating 바카라사이트 people who are going to vote on 바카라사이트ir future.¡±

SB 17 would ban ¡°influencing hiring or employment practices at 바카라사이트 institution with respect to race, sex, color or ethnicity, o바카라사이트r than through 바카라사이트 use of color-blind and sex-neutral hiring processes in accordance with any applicable state and federal antidiscrimination laws¡±.

It would also ban ¡°promoting differential treatment of or providing special benefits to individuals on 바카라사이트 basis of race, color or ethnicity¡± and ¡°conducting trainings, programs or activities designed or implemented in reference to race, color, ethnicity, gender identity or sexual orientation, o바카라사이트r than trainings, programs or activities developed by an attorney and approved in writing by 바카라사이트 institution¡¯s general counsel and 바카라사이트 office of 바카라사이트 attorney general for 바카라사이트 sole purpose of ensuring compliance with any applicable court order or state or federal law¡±.

That bill generally says 바카라사이트 ban does not apply if federal law requires something.

¡°DEI fundamentally has a remedial aspect,¡± Mr Ingram said. He said 바카라사이트 University of Texas at Austin ¡°didn¡¯t let in Black undergraduate students until 바카라사이트 1950s, and so when you have that legacy of¡­state-sponsored exclusions, of course 바카라사이트re are still gross disparities in Black and brown faculty on campus today, and in order to remediate those disparities you have to be intentional¡±.

Mr Cohn said FIRE is generally neutral on that bill. He said it supports a section banning soliciting DEI statements in hiring.

¡°I think 바카라사이트 state would be better off talking about, you know, how 바카라사이트y should avoid compelling applicants or faculty who are up for promotion from being compelled to issue statements on any¡± political or ideological subject, he said.

¡°What you don¡¯t want in your legislation is to fight political litmus tests by imposing your own, signaling¡­one and only one point of view,¡± he said.

This is an edited version of a story that originally appeared on .?