SLS 23RS-328 ORIGINAL
2023 Regular Session
SENATE BILL NO. 128
BY SENATOR MORRIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
POSTSECONDARY ED. Provides relative to certain practices of public postsecondary
institutions. (8/1/23)
1 AN ACT
2 To enact R.S. 17:3153, relative to the granting of admissions and financial aid at public
3 postsecondary education institutions; to prohibit the use of information on race, sex,
4 or national origin in admission practices and in the awarding of certain student aid;
5 to prohibit the use of subjective or vague criteria in admission practices; to require
6 institutions to report certain information; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 17:3153 is hereby enacted to read as follows:
9 ยง3153. Consideration of race, sex, or national origin; prohibited acts
10 A.(1) A public postsecondary education institution shall not use
11 information regarding a prospective student's or a prospective student's family
12 member's race, sex, or national origin during the admissions process to
13 determine the prospective student's acceptance for admission into the
14 institution or a program of study.
15 (2) A public postsecondary education institution shall clearly state the
16 criteria used in admissions processes in the institution's admissions documents
17 and on the institution's admissions website. Subjective or vague criteria shall
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 128
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1 not be used in determining whether a prospective student is granted acceptance
2 into the institution or a program of study at the institution.
3 B.(1) A public postsecondary education institution shall not provide
4 preferential treatment based on a student's or a student's family member's race,
5 sex, or national origin for the awarding of scholarships, grants, or financial aid
6 of any type, unless the donor or aid program requires the preferential
7 treatment.
8 (2) No scholarship, grant, or financial aid funded with any state or
9 institutional monies shall include terms that provide preferential treatment
10 based on race, sex, or national origin.
11 (3) By November 1, 2023, each public postsecondary institution shall
12 provide a report to the Senate Committee on Education and the House
13 Committee on Education on each scholarship, grant, or financial aid program
14 available for students that requires the consideration of a student's or a
15 student's family member's race, sex, or national origin and shall identify the
16 funding mechanism for each.
17 C. A student may bring suit in the district court for the parish in which
18 an action in violation of this Section occurred for the issuance of a writ of
19 mandamus or injunctive or declaratory relief to require compliance with the
20 provisions of this Section, together with reasonable attorney fees and costs.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Cheryl Serrett.
DIGEST
SB 128 Original 2023 Regular Session Morris
Proposed law prohibits public postsecondary education institutions from using information
relative to an applicant's or an applicant's family member's race, sex, or national origin in
making admissions decisions for the institution or a program of study.
Proposed law requires each public postsecondary education institution to clearly state the
criteria used in the institution's admissions processes in admissions documents and on the
institution's admissions website. Prohibits the use of subjective or vague criteria in the
admissions process.
Proposed law prohibits public postsecondary education institutions from using information
relative to an applicant's or an applicant's family member's race, sex, or national origin in
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 128
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awarding of scholarships, grants, or other financial aid, unless the aid program requires the
preferential treatment.
Proposed law prohibits a scholarship, grant, or financial aid program funded with any state
or institutional monies from including terms that provide preferential treatment based on
race, sex, or national origin.
Proposed law requires each public postsecondary institution to provide a report to the Senate
and House education committees on the aid programs that require the consideration of a
student's race, sex, or national origin and to identify the funding mechanism for each aid
program.
Proposed law provides that a student may seek a writ of mandamus or injunctive relief,
together with attorney fees and costs, to require compliance with proposed law.
Effective August 1, 2023.
(Adds R.S. 17:3153)
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.