Req. No. 1242 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) SENATE BILL 796 By: Pugh AS INTRODUCED An Act relating to higher education; prohibiting certain institutions of higher education from using state funds, property, or resources to support or require certain activities related to diversity, equity, and inclusion; requiring certain institutions of higher education to initiate certain review after certain date; providing for restructuring or elimination of certain unnecessary function s; providing certain construction; requiring certain institutions to submit ce rtain annual certificate of compliance by certain date; providing for promulgation of rules; providing for codification; providing an effective date; and declaring an emergency. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3251 of Title 70, unless there is created a duplication in numbering, reads as follows: A. No institution of higher education within The Oklahoma State System of Higher Education shall utilize state funds, property, or resources to: 1. Grant or support diversity, equity, and inclusion positions, departments, activities, procedu res, or programs to the extent they Req. No. 1242 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 grant preferential treatment based on one person ’s particular race, color, ethnicity, or national origin over another ’s; 2. Mandate any person to participate in, listen to, or receive any education, training, activities , procedures, or programming to the extent such education, training, activitie s, procedures, or programming grants preferences based on one person ’s particular race, color, sex, ethnicity, or national origin over another ’s; 3. Mandate any person swear, ce rtify, or agree to any loyalty oath that favors or prefers one particular race, color, sex, ethnicity, or national origin over another ’s; 4. Mandate any person to certify or declare agreement with, recognition of, or adherence to any particular political, philosophical, religious, or other ideological viewpoint; 5. Mandate any applicant for employment provide a diversity, equity, and inclusion statement or give any applicant for employment preferential consideration based on the provision of such a diversity, equity, and inclusion statement; or 6. Mandate any person to disclose his or her pronouns. B. After the effective date of this act, institutions of higher education within The Oklahoma State System of Higher Education shall initiate a review of dive rsity, equity, and inclusion positions, departments, activities, procedures, a nd programs and, if deemed necessary, restructure or eliminate functions that are not necessary Req. No. 1242 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 for compliance, accreditation, or student or employee support services intended to broadly support success. C. Nothing in this section shall be construed to limit or prohibit institutions of higher education within The Oklahoma State System of Higher Education, including any agency of the executive branch supporting those institutions ’ work, from applying for a grant or complying with the accreditation requireme nts of an accrediting or licensing agency including, but not limited to, submitting to the grantor or accreditation agency a statement that: 1. Highlights the institution ’s or agency’s work in supporting: a. first-generation college students, b. students from low-income families, c. students with unique abilities, or d. underserved student populations; or 2. Certifies compliance with applicable anti -discrimination laws, rules, and regulations. D. The provisions of this section shall not be construed to apply to institutions of higher education within The Oklahoma State System of Higher Education with respect to: 1. A policy, practice, procedure, program, class, or activity required for compliance with state or federal laws, rules, or regulations for obtaining or retaining institutional, academic, or discipline-specific accreditation or licensure; Req. No. 1242 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. The academic freedom of any individual faculty member to direct the instruction within his or her own course; 3. Scholarly research or creative work by an i nstitution of higher education’s students, faculty, or other research personnel or the dissemination of such research or work; 4. An activity of a student organization registere d with or recognized by an institution of higher education; 5. Guest speakers or performances on short -term engagements; 6. Academic support, tutoring, and career services and student success centers, so long as the programming is designed and implemented without regard to race, sex, color, national origin, or ethnicity; 7. Data collection; or 8. Access programs for military, veterans, Pell Grant recipients, first-generation college students, students from low - income families, students with unique abili ties, or underserved student populations. E. By July 1, 2026, and each July 1 thereafter, institutions of higher education within The Oklahoma State System of Higher Education shall electronically submit to the Governor, the President Pro Tempore of the S enate, and the Speaker of the House of Representatives a certificate of compli ance with the provisions of this section. Req. No. 1242 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. Nothing in this section shall be construed to prohibit the promotion of civil discourse, debate, or speech that is protected by the First Amendment to the United States Constitution. G. The Oklahoma State Regents for Higher Education may promulgate rules to implement the provisions of this section. SECTION 2. This act shall become effective July 1, 2025. SECTION 3. It being immediately necessary for the preservation of the public peace, health, or safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval. 60-1-1242 EB 1/15/2025 6:57:55 PM