In March 2024, the Alabama legislature passed Senate Bill 129, which bars public schools and universities from sponsoring Diversity, Equality, and Inclusion (DEI) programs. SB 129 also bars the teaching of “divisive concepts” of discrimination, which many people fear will place a “gag order” on classroom discussions in Alabama. If the Bill goes to the Governor for signature, as is likely, local school boards and public universities could terminate an educator who allows classroom discussion of “divisive concepts.” “Divisive concepts” are not clearly defined but include any discussion that might make group members feel “guilt, complicity, or a need to apologize” for discrimination. The only functional way to prevent classroom discussions may be to extend this “gag order” to students and, presumably, possible discipline if the student refuses to stop speaking. In a bit of irony, the law may ban open discussion of the state's ban on DEI programs.

If you are facing possible discipline for classroom discussions or statements, the Lento Law Firm can help. The Lento Law Firm also represents students and staff member who face discrimination on campus because of speech or status. Call the Lento Law Firm at 888.535.3686 or leave your details online, and we will contact you.

Other States Introduce Similar Laws

State legislatures have introduced numerous laws similar to SB 129 throughout the country in the last few years. In 2023 and early 2024, 28 states have introduced 81 bills seeking to limit DEI discussions and programs in public colleges. A review of the language of these bills shows that nearly all are written so broadly that they are likely to have a “chilling effect” on controversial classroom discussions. If a student insists on discussing these issues in the classroom, there is little doubt that this will lead to misconduct allegations or charges.

SB 129 May Bar Classroom Study of Discrimination

SB 129 does not simply ban controversial discussions but may also ban classroom work that involves a divisive concept. This might include, for instance, reading To Kill a Mockingbird or The Color Purple. This law could touch on almost any area of study at a university. If you author a paper on historical barriers to wheelchair access, have you violated the law? SB 129 provides that classroom discussions on divisive concepts may occur, provided these concepts are presented in “an objective manner without endorsement.” This may sound easy enough, but a public school administrator in Texas advised teachers that they must present “opposing views” of the Holocaust.” This places both educators and students in an impossible position.

How the Lento Law Firm Can Help

Students have a right to speak on class topics in a classroom free from discrimination. If you are facing discipline because you objected to the elimination of DEI programs or discussed a "divisive" topic, you need an experienced attorney to advise and defend you. Our Education Law Team can defend you against all types of misconduct charges. The Lento Law Firm also represents educators facing a tenure dispute related to these laws. Call 888.535.3686 or provide your details online, and we will contact you.