North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 558
5		-	~~Education/Higher Education Committee Substitute Adopted 4/2/25~~
	5	+
6	6
7	7		Short Title: Eliminating "DEI" in Public Higher Ed. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senators Berger, Overcash, and Corbin (Primary Sponsors).
	9	+	Referred to: Rules and Operations of the Senate
10	10		March 26, 2025
11		-	S558 -v-2
	11	+	S558 -v-1
12	12		A BILL TO BE ENTITLED 1
13	13		AN ACT TO DEMONSTRAT E THE GENERAL ASSEMBLY'S INTENT THAT STUDENTS, 2
14	14		PROFESSORS, ADMINIST RATORS, AND OTHER EM PLOYEES OF PUBLIC 3
15	15		INSTITUTIONS OF HIGHER EDUCATION RECOGNI ZE THE EQUALITY AND 4
16	16		RIGHTS OF ALL PERSONS AND TO PROHIBIT PUBLIC INSTITUTIONS OF HIGHER 5
17	17		EDUCATION FROM PROMO TING CERTAIN CONCEPT S THAT ARE CONTRARY 6
18	18		TO THAT INTENT. 7
19	19		Whereas, President Trump issued an executive order on January 21, 2025, to ensure 8
20	20		that higher education recipients of federal funds comply with all applicable laws prohibiting 9
21	21		illegal discrimination and comply with the decision of the United States Supreme Court in 10
22	22		Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023); and 11
23	23		Whereas, in the last fiscal year, North Carolina received $2.4 billion in federal funding 12
24	24		for public higher education, demonstrating the importance of ensuring that public institutions of 13
25	25		higher education remain in compliance with federal regulations to protect education funding; and 14
26	26		Whereas, the General Assembly is committed to ensuring all North Carolina students 15
27	27		enrolled in public institutions of higher education receive a meaningful education based on 16
28	28		academic excellence, critical thinking, and the free exchange of ideas; and 17
29	29		Whereas, it is the State's role to protect the practice of higher education for students 18
30	30		and professors; and 19
31	31		Whereas, so-called "DEI" programs promote a worldview that demands people, 20
32	32		especially young students, judge others based on their race, sex, or other factors and attack true 21
33	33		diversity of thought, stifle opportunity, and stoke division; Now, therefore, 22
34	34		The General Assembly of North Carolina enacts: 23
35	35		SECTION 1.(a) G.S. 116-11 is amended by adding a new subdivision to read: 24
36	36		"(9c) The Board of Governors shall adopt a policy on diversity, equity, and 25
37	37		inclusion at constituent institutions of The University of North Carolina that 26
38	38		complies with Article 39 of Chapter 116 of the General Statutes." 27
39	39		SECTION 1.(b) G.S. 115D-5 is amended by adding the following new subsections 28
40	40		to read: 29
41	41		"(aa) The State Board shall adopt a policy on diversity, equity, and inclusion at community 30
42	42		colleges that complies with Article 39 of Chapter 116 of the General Statutes. 31
43	43		(bb) The State Board shall adopt a policy prohibiting community colleges from 32
44		-	establishing, maintaining, or otherwise implementing a process for reporting or investigating 33
45		-	offensive or unwanted speech that is protected by the First Amendment, including satire or 34
46		-	speech labeled as microaggression." 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 558-Second Edition
48		-	SECTION 2. Chapter 116 of the General Statutes is amended by adding a new 1
49		-	Article to read: 2
50		-	"Article 39. 3
51		-	"Diversity, Equity, and Inclusion. 4
52		-	"§ 116-415. Intent. 5
53		-	The General Assembly finds that Section 1 of Article I of the Constitution of this State 6
54		-	recognizes the equality and rights of all persons. Therefore, it is the intent of the General 7
55		-	Assembly that students, professors, administrators, and other employees of public institutions of 8
56		-	higher education respect the dignity of others, acknowledge the right of others to express 9
57		-	differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, 10
58		-	and freedom of speech and association and that the public institutions of higher education of this 11
59		-	State employ teaching methods and procedures to further that intent. 12
60		-	"§ 116-416. Definitions. 13
61		-	For the purposes of this Article, the following definitions apply: 14
62		-	(1) Applicable governing board. – As follows: 15
63		-	a. For a constituent institution of The University of North Carolina, the 16
64		-	Board of Governors of The University of North Carolina. 17
65		-	b. For a community college, the State Board of Community Colleges. 18
66		-	(2) Chancellor. – The chancellor, president, or chief administrative officer of a 19
67		-	public institution of higher education. 20
68		-	(3) Discriminatory practice. – Any of the following based on an individual's 21
69		-	protected classification under federal law: 22
70		-	a. Treating an individual differently solely to advantage or disadvantage 23
71		-	that individual as compared to other individuals or groups. 24
72		-	b. Excluding an individual from employment, except as allowed under 25
73		-	federal law. 26
74		-	c. Excluding an individual from participation in an educational program 27
75		-	or activity, except as allowed under federal law. 28
76		-	(4) Divisive concept. – Any of the following concepts: 29
77		-	a. One race or sex is inherently superior to another race or sex. 30
78		-	b. An individual, solely by virtue of his or her race or sex, is inherently 31
79		-	racist, sexist, or oppressive. 32
80		-	c. An individual should be discriminated against or receive adverse 33
81		-	treatment solely or partly because of his or her race or sex. 34
82		-	d. An individual's moral character is necessarily determined by his or her 35
83		-	race or sex. 36
84		-	e. An individual, solely by virtue of his or her race or sex, bears 37
85		-	responsibility for actions committed in the past by other members of 38
86		-	the same race or sex. 39
87		-	f. Any individual, solely by virtue of his or her race or sex, should feel 40
88		-	discomfort, guilt, anguish, or any other form of psychological distress. 41
89		-	g. A meritocracy is inherently racist or sexist. 42
90		-	h. The United States was created by members of a particular race or sex 43
91		-	for the purpose of oppressing members of another race or sex. 44
92		-	i. Particular character traits, values, moral or ethical codes, privileges, or 45
93		-	beliefs should be ascribed to a race or sex or to an individual because 46
94		-	of the individual's race or sex. 47
95		-	j. The rule of law does not exist but instead is a series of power 48
96		-	relationships and struggles among racial or other groups. 49 General Assembly Of North Carolina Session 2025
97		-	Senate Bill 558-Second Edition Page 3
	44	+	establishing, maintaining, or otherwise implementing a group or committee designed to 33
	45	+	investigate a bias incident. For purposes of this subsection, a "bias incident" includes any 34
	46	+	conduct, speech, or expression that the community college, group, or committee labels as 35 General Assembly Of North Carolina Session 2025
	47	+	Page 2 Senate Bill 558-First Edition
	48	+	intimidating, demeaning, mocking, degrading, or marginalizing an individual or group based on 1
	49	+	the perceived or actual identity of that individual or group." 2
	50	+	SECTION 2. Chapter 116 of the General Statutes is amended by adding a new 3
	51	+	Article to read: 4
	52	+	"Article 39. 5
	53	+	"Diversity, Equity, and Inclusion. 6
	54	+	"§ 116-415. Intent. 7
	55	+	The General Assembly finds that Section 1 of Article I of the Constitution of this State 8
	56	+	recognizes the equality and rights of all persons. Therefore, it is the intent of the General 9
	57	+	Assembly that students, professors, administrators, and other employees of public institutions of 10
	58	+	higher education respect the dignity of others, acknowledge the right of others to express 11
	59	+	differing opinions, and foster and defend intellectual honesty, freedom of inquiry and instruction, 12
	60	+	and freedom of speech and association and that the public institutions of higher education of this 13
	61	+	State employ teaching methods and procedures to further that intent. 14
	62	+	"§ 116-416. Definitions. 15
	63	+	For the purposes of this Article, the following definitions apply: 16
	64	+	(1) Applicable governing board. – As follows: 17
	65	+	a. For a constituent institution of The University of North Carolina, the 18
	66	+	Board of Governors of The University of North Carolina. 19
	67	+	b. For a community college, the State Board of Community Colleges. 20
	68	+	(2) Chancellor. – The chancellor, president, or chief administrative officer of a 21
	69	+	public institution of higher education. 22
	70	+	(3) Discriminatory practice. – Any of the following based on an individual's 23
	71	+	protected classification under federal law: 24
	72	+	a. Treating an individual differently solely to advantage or disadvantage 25
	73	+	that individual as compared to other individuals or groups. 26
	74	+	b. Excluding an individual from employment, except as allowed under 27
	75	+	federal law. 28
	76	+	c. Excluding an individual from participation in an educational program 29
	77	+	or activity, except as allowed under federal law. 30
	78	+	(4) Divisive concept. – Any of the following concepts: 31
	79	+	a. One race or sex is inherently superior to another race or sex. 32
	80	+	b. An individual, solely by virtue of his or her race or sex, is inherently 33
	81	+	racist, sexist, or oppressive. 34
	82	+	c. An individual should be discriminated against or receive adverse 35
	83	+	treatment solely or partly because of his or her race or sex. 36
	84	+	d. An individual's moral character is necessarily determined by his or her 37
	85	+	race or sex. 38
	86	+	e. An individual, solely by virtue of his or her race or sex, bears 39
	87	+	responsibility for actions committed in the past by other members of 40
	88	+	the same race or sex. 41
	89	+	f. Any individual, solely by virtue of his or her race or sex, should feel 42
	90	+	discomfort, guilt, anguish, or any other form of psychological distress. 43
	91	+	g. A meritocracy is inherently racist or sexist. 44
	92	+	h. The United States was created by members of a particular race or sex 45
	93	+	for the purpose of oppressing members of another race or sex. 46
	94	+	i. Particular character traits, values, moral or ethical codes, privileges, or 47
	95	+	beliefs should be ascribed to a race or sex or to an individual because 48
	96	+	of the individual's race or sex. 49
	97	+	j. The rule of law does not exist but instead is a series of power 50
	98	+	relationships and struggles among racial or other groups. 51 General Assembly Of North Carolina Session 2025
	99	+	Senate Bill 558-First Edition Page 3
98	100		k. All Americans are not created equal and are not endowed by their 1
99	101		Creator with certain unalienable rights, including life, liberty, and the 2
100	102		pursuit of happiness. 3
101	103		l. Governments should deny to any person within the government's 4
102	104		jurisdiction the equal protection of the law. 5
103	105		(5) Instruction. – Includes content taught or presented to students by employees, 6
104	106		contractors, or individuals otherwise engaged by a public institution of higher 7
105	107		education. 8
106	108		(6) Public institution of higher education. – A constituent institution of The 9
107	109		University of North Carolina or a community college as defined in 10
108	110		G.S. 115D-2(2). 11
109	111		"§ 116-417. Ensuring dignity and nondiscrimination in public institutions of higher 12
110	112		education. 13
111	113		(a) Public institutions of higher education shall not do any of the following: 14
112	114		(1) Engage in or advocate for discriminatory practices. 15
113	115		(2) Compel students, professors, administrators, or other employees to affirm or 16
114	116		profess belief in divisive concepts. 17
115	117		(3) Endorse divisive concepts. 18
116	118		(4) Maintain an office, division, or other unit (i) promoting discriminatory 19
117	119		practices or divisive concepts or (ii) referred to as or named diversity, equity, 20
118	120		and inclusion. 21
119	121		(5) Employ or assign an employee whose duties for a public institution of higher 22
120	122		education include promoting discriminatory practices or divisive concepts. 23
121	123		(6) Require completion of a course related to divisive concepts for purposes of 24
122	124		awarding a degree or completion of a program, except as provided in 25
123	125		subdivision (5) of subsection (b) of this section. 26
124	126		(b) This section shall not be construed to limit any of the following: 27
125	127		(1) Speech protected by the First Amendment of the U.S. Constitution. 28
126	128		(2) Materials accessed on an individual basis that advocate divisive concepts or 29
127	129		discriminatory practices for the purpose of research or independent study. 30
128	130		(3) Policies or procedures required by State or federal law. 31
129	131		(4) Instruction or discussion on divisive concepts that makes it clear the public 32
130	132		institution of higher education does not endorse divisive concepts. 33
131	133		(5) In the discretion of the chancellor, a course related to divisive concepts that is 34
132	134		required for a specific degree program. The chancellor shall report to the 35
133	135		applicable governing board on any course that is required under this 36
134	136		subdivision. 37
135	137		(c) Each public institution of higher education shall certify annually in writing by 38
136	138		September 1 to the applicable governing board that the public institution of higher education 39
137	139		fully complies with the requirements of this section, including any actions taken to achieve 40
138	140		compliance. The applicable governing board shall summarize the certifications in a consolidated 41
139	141		report by January 15 annually to the Joint Legislative Commission on Governmental Operations 42
140	142		and the Joint Legislative Education Oversight Committee." 43
141	143		SECTION 3. For the certification due September 1, 2025, as required by 44
142	144		G.S. 116-417(c), as enacted by Section 2 of this act, each public institution of higher education 45
143	145		shall also include information on the initial implementation of this act, including reductions in 46
144	146		force and spending, changes to job titles and position descriptions, and how savings achieved 47
145	147		from these actions have been directed. 48
146	148		SECTION 4. G.S. 116-300 is amended by adding the following new subdivision to 49
147	149		read: 50 General Assembly Of North Carolina Session 2025
148		-	Page 4 Senate Bill 558-~~Second~~ Edition
	150	+	Page 4 Senate Bill 558-First Edition
149	151		"(9) The constituent institution shall not establish, maintain, or otherwise 1
150		-	implement a process for reporting or investigating offensive or unwanted 2
151		-	speech that is protected by the First Amendment, including satire or speech 3
152		-	labeled as microaggression." 4
153		-	SECTION 5. If any provision of this act or its application is held invalid, the 5
154		-	invalidity does not affect other provisions or applications of this act that can be given effect 6
155		-	without the invalid provisions or application and, to this end, the provisions of this act are 7
156		-	severable. 8
157		-	SECTION 6. This act is effective when it becomes law. 9
	152	+	implement a group or committee designed to investigate a bias incident. For 2
	153	+	purposes of this subdivision, a "bias incident" includes any conduct, speech, 3
	154	+	or expression that the constituent institution, group, or committee labels as 4
	155	+	intimidating, demeaning, mocking, degrading, or marginalizing an individual 5
	156	+	or group based on the perceived or actual identity of that individual or group." 6
	157	+	SECTION 5. If any provision of this act or its application is held invalid, the 7
	158	+	invalidity does not affect other provisions or applications of this act that can be given effect 8
	159	+	without the invalid provisions or application and, to this end, the provisions of this act are 9
	160	+	severable. 10
	161	+	SECTION 6. This act is effective when it becomes law. 11