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Proposed rule would prevent FL universities from talking about just about anything [1]

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Date: 2023-10-27  

Ron DeSantis’s destruction of Florida’s education system continues unabated. This past week the Florida Board of Governors, which oversees the State University System, released a proposed regulation to enforce a new law, Senate Bill 266, that was pushed hard by DeSantis to effectively eliminate diversity, equity and inclusion programs at Florida’s colleges and universities. The draft regulation, which the Board has sent out for feedback, is viewed by many as being overly broad and effectively preventing the state’s colleges and universities from talking about, well, almost anything at all.

The draft regulation states that universities may not spend public money on activities that “advocate for diversity, equity and inclusion” or “promote or engage in political or social activism.” It defines diversity, equity and inclusion programs as “any program, activity, or policy that promotes differential or preferential treatment of individuals, or classifies such individuals on the basis of race, color, sex, national origin, gender identity, or sexual orientation.”

Danaya Wright, chairperson of the University of Florida’s faculty senate, questioned whether research on breast cancer or gynecological treatments would be allowed based on the language of the draft, because it involves spending in a way that classifies individuals by sex.

The regulation goes on to define political or social activism as “any activity organized with a purpose of effecting or preventing change to a government policy, action, or function, or any activity intended to achieve a desired result related to social issues, where the university endorses or promotes a position in communications, advertisements, programs, or campus activities.” It defines social issues as “topics that polarize or divide society among political, ideological, moral, or religious beliefs, positions, or norms.” Exactly what is not be covered under that definition??

“I can’t think of anything that doesn’t,” said Gerard Solis, general counsel for the University of South Florida. Speaking to USF’s faculty senate on Thursday, he questioned whether that wording could prohibit commentary surrounding events like Black History Month or even American Pharmacists Month, which is observed in October. The document is “absolutely horrific” and goes beyond what the legislation required, said Andrew Gothard, president of United Faculty of Florida, the statewide faculty union. “It limits ways for students to be active members of society and speak their minds, regardless of where they fall on the political spectrum,” he said.

You can access the full text of the proposal regulation here.

So what happens next? The Board of Governors meets on Nov. 8-9 and then the public will have 14 days to comment on whatever final draft of the regulation comes out of that meeting. The Board is scheduled to give final approval to the regulation in January. Given how the Board of Governors has a history of rubber-stamping whatever Ron DeSantis wants, I don’t hold out much hope for notable changes to be made to the regulation. All I can say is that if you are a prospective student or professor considering going to a Florida college or university, DON’T!

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