The Mississippi Department of Education is taking steps to comply with a new state law prohibiting diversity, equity and inclusion in Mississippi’s schools. 

During its May board meeting, the members voted unanimously to begin the Administrative Procedures Act process to adopt a policy providing districts with a model complaint process, investigative procedures and guidelines required under Mississippi House Bill 1193. The bill, which the governor signed into law, requires the State Board of Education to adopt a policy within 90 days of passage.

House Bill 1193 prohibits public schools and postsecondary education institutions from engaging in discriminatory practices and other actions related to diversity, equity and inclusion. 

“What the House bill provides is an act to prohibit both public schools and public post-secondary educational institutions from taking certain actions and engaging in discriminatory practices specifically related to diversity, equity (and) inclusion,” MDE Chief of Advocacy and Counsel Erin Meyer told the board. “It wants to ensure that employment, academic opportunities (and) student engagement is (sic) based solely on individual merit, qualifications and performance without consideration to one’s, race, sex, color, national origin, etc.”

Compliance with State Law Regarding Diversity, Equity, and Inclusion in Public Education
Tap or click the screencap to read the compliance policy.

MDE’s proposed policy includes definitions of what the state law prohibits, minimum requirements of the complaint process local school boards must develop and adopt, and the minimum requirements of the investigation procedures. The policy also includes a section detailing sanctions for local school districts found to be in violation of the law. 

“If they don’t cure it and there is a second violation or subsequent violations, then the State Department can withhold part of (that district’s) student funding formula until there’s a certification by either court or the AG that they’re back in compliance with the House bill,” Meyer told the board.

Meyer said the law required MDE to work with the Mississippi School Board Association to develop the policy, but other state educational agencies are also included  in the discussion.

“We actually worked with both the School Board Association, IHL, and the Community College Board so all the educational institutions and agencies could engage in the conversation,” she said.

MDE filed the Administrative Procedures Notice with the Secretary of State’s Office on May 15 after the board’s approval. The filing states that an oral proceeding is not currently scheduled on the proposal; however, one must be held if at least 10 people request it within 20 days of the filing. People can submit written comments on the proposed rules to MDE within 25 days from the filing.

Meyer told the board that the window for the Administrative Procedures Act process would end on June 10. The board will vote for final approval of the policy in June. Once approved, it will go into effect on July 17 unless MDE requests from the Secretary of State that it become effective earlier to meet the Legislative deadline for compliance.

Torsheta Jackson is MFP's Systemic and Education Editor. She is passionate about telling the unique and personal stories of the people, places and events in Mississippi. The Shuqualak, Miss., native holds a B.A. in Mass Communication from the University of Southern Mississippi and an M.A. in Curriculum and Instruction from the University of Mississippi. She has had bylines on Bash Brothers Media, Mississippi Scoreboard and in the Jackson Free Press. Torsheta lives in Richland, Miss., with her husband, Victor, and two of their four children.