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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 845 By: Standridge
AS INTRODUCED
An Act relating to higher education; defining terms;
directing institution of higher education governing
boards to ensure certain act ions related to
diversity, equity, and inclusion do not occur;
providing discipline procedures for certain
violations; providing certain construction;
prohibiting an institution of higher education from
spending certain funds until submission of certain
report; requiring institution of higher education
governing boards to testify be fore certain committees
regarding certain compliance; directing the State
Auditor and Inspector to conduct certain audits;
requiring adoption of certain audit schedule;
providing for violations; providing cause of action
for certain violation; requiring the Oklahoma State
Regents for Higher Education in certain coordination
to conduct certain biennial study; requiring
submission of report; allowing letters of
recommendation for ce rtain employees; 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. For the purposes of this section:
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1. “Institution of higher education ” means an institution of
higher education within The Oklahoma Sta te System of Higher
Education; and
2. “Diversity, equity, and inclusion offic e” means an office,
division, or other unit of an institution of higher education
established for the purpose of:
a. influencing hiring or employment practices at the
institution with respect to race, sex, color, or
ethnicity, other than through the use of color -blind
and sex-neutral hiring processes in accordance with
any applicable state and federal antidiscrimination
laws,
b. promoting differential treatment of or providing
special benefits to individuals on the basis of race,
color, or ethnicity,
c. promoting policies or procedures designed or
implemented in reference to race, color, or ethnicity,
other than policies or procedures approved in writing
by the institution’s general counsel and the Oklahoma
State Regents for Higher Education for the sole
purpose of ensuring compliance with any applicable
court order or state or federal law, or
d. conducting trainings, programs, or activities designed
or implemented in reference to r ace, color, ethnicity,
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gender identity, or sexual orientation, other than
trainings, programs, or activities developed by an
attorney and approved in writing by the institution ’s
general counsel and the Oklahoma State Regents for
Higher Education for the s ole purpose of ensuring
compliance with any applicable court order or state or
federal law.
B. The governing board of an institution of higher education
shall ensure that each unit of the institution:
1. Does not, except as required by federal law:
a. establish or maintain a diversity, equity, and
inclusion office,
b. hire or assign an employee of the institution or
contract with a third party to perform the duties of a
diversity, equity, and inclusion office,
c. compel, require, induce, or solicit any pe rson to
provide a diversity, equity, and inclusion statement
or give preferential consideration to any person based
on the provision of a diversity, equity, and inclusion
statement,
d. give preference on the basis of race, sex, color,
ethnicity, or nationa l origin to an applicant for
employment, an employee, or a participant in any
function of the institution, or
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e. require as a condition of enrolling at the institution
or performing any institution function any person to
participate in diversity, equity, a nd inclusion
training, which:
(1) includes a training, program, or activity
designed or implemented in reference to race,
color, ethnicity, gender identity, or sexual
orientation, and
(2) does not include a training, program, or activity
developed by an attorney and approved in writing
by the institution’s general counsel and the
Oklahoma State Regents for Higher Education for
the sole purpose of ensuring compliance with any
applicable court order or state or federal law;
and
2. Adopts policies and procedu res for appropriately
disciplining, including by termination, an employee or contractor of
the institution who engages in conduct in violation of paragraph 1
of this subsection.
C. Nothing in this section may be construed to limit or
prohibit an instituti on of higher education or an employee of an
institution of higher education fr om, for purposes of applying for a
grant or complying with the terms of accreditation by an accrediting
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agency, submitting to the grantor or accrediting agency a statement
that:
1. Highlights the institution ’s work in supporting:
a. first-generation college students,
b. low-income students, or
c. underserved student populations; or
2. Certifies compliance with state and federal
antidiscrimination laws.
D. The provisions of para graph 1 of subsection B of this
section may not be construed to apply to:
1. Academic course instruction;
2. Scholarly research or a creative work by an institution of
higher education’s students, faculty, or other research personnel or
the dissemination of the research or work;
3. An activity of a student organization registered with or
recognized by an institution of higher education;
4. Guest speakers or performers on short -term engagements;
5. A policy, practice, procedure, program, or activity to
enhance student academic achievement or postgraduate outcomes that
is designed and implemented without regard to race, sex, color, or
ethnicity;
6. Data collection; or
7. Student recruitment or admissions.
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E. An institution of higher education shall not spend funds
allocated to the institution from the Oklahoma State Regents for
Higher Education for a state fiscal year until the governing board
of the institution submits to the Legislature and the State Regents
a report certifying the board of regents ’ compliance with the
provisions of this section during the preceding state fisca l year.
The provisions of this subsection shall apply to funds allocated to
an institution of higher education for the state fiscal year
beginning July 1, 202 6.
F. During the interim between each regular session of the
Legislature, the governing board of each institution of higher
education, or the board ’s designee, shall testify before the
committees of the Senate and the House of Representatives with
responsibility over higher education regarding the board ’s
compliance with the provisions of this sectio n.
G. The State Auditor and Inspector shall periodically conduct a
compliance audit of each institution of higher education to
determine whether the institution has spent state funds in violation
of the provisions of this section. The State Auditor and Inspector
shall adopt a schedule by which compliance audits will be conducted.
The schedule shall ensure that each institution of higher education
is audited at least once every four (4) years.
H. If the State Auditor and Inspector determines pursuant to a
compliance audit conducted as required by subsection G of this
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section that an institution of higher education has spent funds in
violation of the provisions of this section, t he institution:
1. Shall cure the violation no later than the one -hundred-
eightieth day after the date on which the determination is made; and
2. If the institution fails to cure the violation as required
by paragraph 1 of this subsection, shall be ineli gible to receive
increases in funding allocations from the Oklahoma State Rege nts for
Higher Education for the next fiscal year.
I. A student or employee of an institution of higher education
who is required to participate in training in violation of
subparagraph e of paragraph 1 of subsection B of this section may
bring an action against the institution for injunctive or
declaratory relief.
J. The Oklahoma State Regents for Higher Education, in
coordination with institutions of higher education, shall co nduct a
biennial study to identify the impact of the implementation of this
section on the application rate, acceptance rate, matriculation
rate, retention rate, grade point average, and graduation rate of
students at institutions of higher education, disa ggregated by race,
sex, and ethnicity. No later than December 1 of each even -numbered
year, the State Regents shall electronically submit to the President
Pro Tempore of the Senate and the Speaker of the House of
Representatives a report on the results of the study and any
recommendations for legislative or other action.
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K. An institution of higher education may provide to each
employee in good standing at the institution whose position is
eliminated as a result of implementation of the provisions of this
section a letter of recommendation for employment for a position at
the institution or elsewhere.
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.
60-1-49 EB 1/16/2025 9:18:39 AM