In a move seen as a pushback against the rising emphasis on Diversity, Equity, and Inclusion (DEI) policies in higher education, U.S. Sen. Marco Rubio, R-Fla., has put forth the Fairness in Higher Education Accreditation Act.
The legislation prohibits accreditation officials from considering an educational institution's DEI or affirmative action policies while determining its accreditation status.
Over the past few years, the presence of DEI departments in universities has surged, paralleled by an increase in administrators entrusted with implementing liberal equity and racial policies. These programs typically accept the concept of systemic racism and often label the U.S. as inherently racist while aggressively advocating for LGBTQ rights.
Recently, more federally recognized accreditation agencies have begun incorporating DEI requirements for applicants, thereby coercing institutions into adopting progressive viewpoints on race and gender, lest they lose accreditation.
"Wokeness should not be mandatory," said Sen. Rubio in a statement, positioning the bill as a means to "prevent a politicized Department of Education from further forcing diversity, equity, and inclusion policies into higher education."
The DEI policies manifest in a variety of ways in practical terms. A fact sheet published by the Department of Education enumerates several examples of potential DEI activities, including diversity, equity, and inclusion training; instruction on the impact of racism or systemic racism; cultural competency or other nondiscrimination training; efforts to assess or improve school climate; student programs focused on anti-harassment or anti-bullying; investigations and reports concerning racial disparities within a school; or usage of specific terms like equity, discrimination, inclusion, diversity, systemic racism in school policies, programs, or activities.
However, the Department of Education insists these activities do not breed a racially hostile environment.
Senators Rick Scott, R-Fla., and Mike Lee, R-Utah, are backing Rubio's initiative to dismantle these federally imposed requirements for accreditation.
"We need to make sure that no school is judged based on whether a DEI agenda is used," Scott said. Lee added that the effort "safeguards against manipulating the accreditation process to advance ideological agendas."
This Senate-led initiative is part of a broader backlash against DEI. State legislators and governors have initiated moves against DEI policies. Texas Gov. Greg Abbott recently signed a bill to terminate taxpayer funding for public colleges and universities' DEI programs.
Simultaneously, the U.S. Supreme Court has agreed to hear a case about affirmative action, potentially bringing the policy into question. A verdict on the issue concerning race-based admissions at Harvard and the University of North Carolina at Chapel Hill is anticipated in the coming weeks.
The verdict could significantly influence affirmative action policies and their alleged racial discrimination, particularly regarding schools that receive federal funding.
The lawsuit in question was lodged by Students for Fair Admissions, a nonprofit organization claiming a membership of 20,000. It asserts that the policies in place discriminate against white and Asian-American applicants. Both Harvard and UNC had previously won against these allegations in lower courts. However, the Supreme Court's impending decision could change the course of this legal battle.
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