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