Statement from SDARJ Concerning Alabama Law Banning Diversity, Equity and Inclusion Programs in Public Schools and Universities

On March 20, 2024, Alabama Gov. Kay Ivey signed into law a sweeping bill that prohibits public schools and universities from maintaining or funding diversity, equity, and inclusion programs (DEI Programs) and allows for discipline, including termination, of staff of public schools or universities who violate this law. The law does not prohibit such programs that do not rely on state funds to sponsor them, but such programs must identify the sponsor in advertisements. The legislation was condemned by civil rights and advocacy groups as infringing on freedom of speech.

SDARJ condemns this law as an attempt to legislate an agenda that takes that state back decades. As NAACP President and CEO Derrick Johnson stated, “The ongoing assault on diversity, equity, and inclusion is part of an anti-Black agenda that seeks to revert our nation back to a time where Black students and teachers were denied adequate access to the classroom. We refuse to go back.”

Alabama Gov. Ivey described DEI programs as a “liberal political movement counter to what the majority of Alabamians believe.” Such a statement demonstrates a lack of understanding of DEI and a myopic view of the needs of all Alabamians. DEI Programs are aimed at correcting inequities within an organization. DEI programs are not just about racial inequities, although that is a large part. But DEI programs also could include implementing accessibility measures for people with disabilities, correcting discriminatory hiring practices, addressing gender and racial pay inequities, anti-bias training and more.

SDARJ is proud to note that such is not the case in Delaware. The Educator Equity Plan of the Delaware Department of Education recognizes that there are 43,780 public school students living in poverty, 78,648 students of color, 13,363 students who are English language learners, and 22,478 students with disabilities. The Department of Education, through its Educator Equity Plan, is working to ensure that these students “have access to truly great teaching and leading in every one of their classrooms, in every one of their schools, every single day.”

Similarly, Delaware’s colleges and universities have DEI Programs. For example, Delaware State University “is committed to a campus environment that encompasses structural and social differences which foster a diverse and inclusive community, inclusive of race, ethnicity, age, political beliefs, sexual origin, gender identity, gender expression, family status or socioeconomic level, physical and cognitive levels of ability, religious beliefs, citizenship status, language, national origin, thinking styles, experience and education.”

The University of Delaware College of Earth, Ocean and Environment is dedicated to “creating a positive, inclusive work environment that embraces diversity and equity and rejects any form of racism, hostile work environments, discrimination, micro-aggression, bullying or harassment.”
SDARJ is an “Alliance” and we are “Allied” with Delaware’s public schools and universities that promote DEI. The United State Supreme Court’s recent Affirmative Action decision in Students for Fair Admission, Inc. v. President and Fellows of Harvard College left room for organizations to promote and encourage DEI and SDARJ encourages and support this.

Alabama’s new law does not serve its citizens well According to the latest census information, 65% of Alabamians are white. That does not mean, as Gov. Ivey would have us believe, that the majority of its citizens do not favor DEI programs. Among that white population are disabled individuals, women who suffer from hiring and pay discrimination, and citizens of different sexual orientations and identities. For the state to ignore the needs of this huge chunk of its population, in addition to the needs of its black residents (25%, no small amount) and Latinx residents (5%), is tragic.

Delaware is not perfect, but the state is not stepping on the neck of its vulnerable citizens; rather, Delaware’s state and private educational institutions are working to eliminate the structural inequities in education that hold back so many of its citizens.