- No significant comments were reported to have been submitted to the Mississippi Department of Education or the Mississippi Institutions of Higher Learning during their public comment period.
The Board of Trustees for the Mississippi Institutions of Higher Learning (IHL) and the Mississippi State Board of Education (SBE) on Thursday adopted a new policy aimed at complying with HB 1193, the state’s new law prohibiting diversity, equity, and inclusion (DEI) practices in public K-12 schools as well as in Mississippi’s public colleges and universities.
Adoption of the policy by the boards was the next step in the mandatory process outlined in the bill following the public comment period. The public comment period for both boards involved publishing the proposed policy with the Secretary of State’s Office.
The bill, which was signed into law by Governor Tate Reeves (R) on April 17, bans public higher education institutions and K-12 schools from utilizing DEI practices when making decisions concerning school employment, academic opportunities, and student engagement. Such decisions are to be based on an individual’s merit and qualifications rather than a person’s race, color, sexual orientation, or gender.
The law required the boards to provide a method for receiving reports and investigating alleged violations. Under the law, second and subsequent violations of the DEI law could result in a loss of state funding until the violation is corrected.
A federal lawsuit has been filed by the American Civil Liberties Union (ACLU) of Mississippi and the Mississippi Center for Justice challenging the new law.
SBE’s approval
The State Board of Education did receive several submitted comments, as a public hearing was requested to be held by the Department of Education in relation to the adoption of its policy.
The Board’s general counsel, Erin Meyer, told SBE that about 40 requests were received seeking a public hearing. In response, the hearing was held last week, one day after the public hearing comment ended.
Interim Deputy Superintendent Mike Kent served the role of hearing officer. He told the board Thursday morning that the hearing hit a snag on the day it was held.
“We actually had to recess a couple of times during the course of the hearing because we were trying to make sure we actually had a speaker,” Kent said. “We only had five speakers that registered to speak. Only two actually were in attendance, and one of the two declined to speak. So, we only had one presentation.”
Kent said the presentation was from a young lady who described how she benefitted from a DEI course offered at one of Mississippi’s public universities. He did not name the university or course.
“But at the end of the day the hearing was anticlimactic, I guess would be the way I would describe it,” Kent said.
About 30 people attended the hearing and were provided with the option to submit a written response even though it was held a day after the public comment period deadline, Meyer said. Only one person submitted a written comment that day.
Written comments focused on definitions outlined in the bill, asking for “expansion, interpretation or further definition” on what was in the law, Meyer described.
“Which was not the charge of the state board,” Meyer explained. “The state board was charged with developing a compliant process and investigation process.”
Those who had comments focused on what local school districts might do with the policy were referred to their local school district, since those decisions will be made on the local level using the state policy as a reference point.
SBE then moved to approve the policy.
IHL’s approval
IHL Board member Jimmy Heidelberg informed the rest of the board that during the public comment period no comments were submitted.
Heidelberg said the policy establishes a process for students, faculty, staff and contractors to file a complaint with the IHL Board to allege that a violation of the law has occurred.
The IHL Board approved the policy Thursday morning with no discussion beyond Heidelberg’s comments.
You can find the policy from IHL outlined beginning on page 201 in the June 2025 agenda packet here.
Lawsuit lingers
Heidelberg did note that IHL was named in the federal lawsuit challenging the DEI legislation, saying that members would be updated on the proceedings in executive session.
“As you are aware, last week a lawsuit was filed in federal court challenging the constitutionality of portions of HB 1193,” Heidelberg explained. “IHL is a defendant in that litigation. The Board will receive privileged legal advice regarding that lawsuit in our executive session later today.”
In spite of the lawsuit, Heidelberg informed the Board that legal counsel advised that the board still had an obligation to adopt a policy by July 16.
The lawsuit, which was filed by the American Civil Liberties Union and the Mississippi Center for Justice, also lists the Mississippi State Board of Education, Mississippi Community College Board and Charter School Authorizer Board as defendants.
The lawsuit alleges that the new law violates the Constitution’s 1st and 14th amendments by imposing “the State government’s preferred views on matters of public concern – like race, gender and sexuality – on students, educators and families across Mississippi and censoring contrary views,” and that it prevents “public colleges, universities and K-12 schools from “engag[ing]” in “any formal or informal education… that focus[es] on increasing awareness or understanding of issues related to race, sex, color, gender identity, sexual orientation or national origin.”
Jeremy Pittari
