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--- version:Introduced+++ version:(document, no version)@@ -1,83 +1,334 @@-SECOND REGULAR SESSION-HOUSE BILL NO. 1998-103RD GENERAL ASSEMBL Y-INTRODUCED BY REPRESENT A TIVE MEIRA TH.-5053H.01I JOSEPH ENGLER, Chief Clerk-AN ACT-T o amend chapters 160 and 173, RSMo, by adding thereto two new sections relating to state-funding of educational institutions.-Be it enacted by the General Assembly of the state of Missouri, as follows:-Section A. Chapters 160 and 173, RSMo, are amended by adding thereto two new-2 sections, to be known as sections 160.2560 and 173.2560, to read as follows:-160.2560. 1. This section shall be known and may be cited as the "Defunding-2 Diversity , Equity , and Inclusion in Elementary and Secondary Education Act".-3 2. As used in this section, the following terms mean:-4 (1) "Department", the state department of elementary and secondary education;-5 (2) "Diversity , equity , and inclusion" or "DEI", any educational pr ogram,-6 course, initiative, or curriculum designed to pr omote, teach, or enfor ce principles-7 r elated to diversity , equity , and inclusion. DEI includes, but is not limited to, training,-8 workshops, curriculum materials, student grou ps, and any other pr ogram or event-9 r elated to such subjects;-10 (3) "Educational institution", each public school and school district in this state;-11 (4) "State funding", any financial support, grants, or allocations pr ovided by the-12 state of Missouri to an educational institution, including federal funds passed thr ough-13 the state.-14 3. (1) No educational institution shall use state funding for the implementation,-15 teaching, or support of DEI pr ograms or initiatives.-EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is-intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.-16 (2) (a) An educational institution that uses state funding for activities rela ted to-17 DEI shall ret urn the amount of state funding used for such activities to the state-18 tr easury .-19 (b) In addition to the repa yment of state funding, the offending educational-20 institution shall lose all state funding for the fiscal year in which the violation occurs.-21 (c) The state shall also withhold any futur e state funding to the offending-22 educational institution until the violation is recti fied to the satisfaction of the-23 department.-24 4. (1) The department shall establish pr ocedur es to monitor the use of state-25 funding in educational institutions and ensure compliance with this section.-26 (2) Any res ident, taxpayer , or employee of an educational institution may file a-27 complaint with the department if such individual believes an educational institution has-28 violated this section.-29 (3) The department shall issue an annual report detailing the enforcem ent of this-30 section. Such rep ort shall include the number of violations and the total amount of state-31 funding recov ered.-173.2560. 1. This section shall be known and may be cited as the "Defunding-2 Diversity , Equity , and Inclusion in Higher Education Act".-3 2. As used in this section, the following terms mean:-4 (1) "Department", the state department of higher education and workfor ce-5 development;-6 (2) "Diversity , equity , and inclusion" or "DEI", any educational pr ogram,-7 course, initiative, or curriculum designed to pr omote, teach, or enfor ce principles-8 r elated to diversity , equity , and inclusion. DEI includes, but is not limited to, training,-9 workshops, curriculum materials, student grou ps, and any other pr ogram or event-10 r elated to such subjects;-11 (3) "Educational institution", a public postsecondary educational institution-12 governed or supervised by a:-13 (a) Board erecte d under chapter 172, 174, 175, or 178;-14 (b) Board of trustees of a community college; or-15 (c) State board for any other technical school;-16 (4) "State funding", any financial support, grants, or allocations pr ovided by the-17 state of Missouri to an educational institution, including federal funds passed thr ough-18 the state.-19 3. (1) No educational institution shall use state funding for the implementation,-20 teaching, or support of DEI pr ograms or initiatives.-HB 1998 2-21 (2) (a) An educational institution that uses state funding for activities rela ted to-22 DEI shall ret urn the amount of state funding used for such activities to the state-23 tr easury .-24 (b) In addition to the repa yment of state funding, the offending educational-25 institution shall lose all state funding for the fiscal year in which the violation occurs.-26 (c) The state shall also withhold any futur e state funding to the offending-27 educational institution until the violation is recti fied to the satisfaction of the-28 department.-29 4. (1) The department shall establish pr ocedur es to monitor the use of state-30 funding in educational institutions and ensure compliance with this section.-31 (2) Any res ident of the state or employee of an educational institution may file a-32 complaint with the department if such individual believes an educational institution has-33 violated this section.-34 (3) The department shall issue an annual report detailing the enforcem ent of this-35 section. Such rep ort shall include the number of violations and the total amount of state-36 funding recov ered.-✔-HB 1998 3+COMMITTEE ON LEGISLATIVE RESEARCH+OVERSIGHT DIVISION++FISCAL NOTE++ L.R. No.: 5053H.01I+ Bill No.: HB 1998+ Subject: Education, Elementary and Secondary; Higher Education; Department of+Elementary and Secondary Education; Department of Higher Education and+Workforce Development+ Type: Original+ Date: January 27, 2026++Bill Summary: This proposal prohibits educational institutions from using state funding for+diversity, equity, and inclusion purposes.++FISCAL SUMMARY++ESTIMATED NET EFFECT ON GENERAL REVENUE FUND+FUND AFFECTED FY 2027 FY 2028 FY 2029+General Revenue*+($148,080) to+Unknown+($174,704) to+Unknown+($177,871) to+Unknown++Total Estimated Net+Effect on General+Revenue+($148,080) to+Unknown+($174,704) to+Unknown+($177,871) to+Unknown+*Oversight notes the unknown revenue is from educational institutions with DEI violations+having to repay state funding and having current and subsequent funding suspended until the+DEI violation has been corrected which could exceed the $250,000 threshold.++ESTIMATED NET EFFECT ON OTHER STATE FUNDS+FUND AFFECTED FY 2027 FY 2028 FY 2029+Colleges and+Universities*++$0 or (Unknown)++$0 or (Unknown)++$0 or (Unknown)++Total Estimated Net+Effect on Other+State Funds++$0 or (Unknown)++$0 or (Unknown)++$0 or (Unknown)+*Oversight reflects the impact to educational institutions with DEI violations having to repay+state funding and having current and subsequent funding suspended until the DEI violation has+been corrected which could exceed the $250,000 threshold.++L.R. No. 5053H.01I+Bill No. HB 1998+Page 2 of 7+January 27, 2026+MR:LR:OD+Numbers within parentheses: () indicate costs or losses.+ESTIMATED NET EFFECT ON FEDERAL FUNDS+FUND AFFECTED FY 2027 FY 2028 FY 2029++Total Estimated Net+Effect on All+Federal Funds $0 $0 $0++ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)+FUND AFFECTED FY 2027 FY 2028 FY 2029+General Revenue 1 FTE 1 FTE 1 FTE++Total Estimated Net+Effect on FTE 1 FTE 1 FTE 1 FTE++☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any+ of the three fiscal years after implementation of the act or at full implementation of the act.++☒ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of+ the three fiscal years after implementation of the act or at full implementation of the act.++ESTIMATED NET EFFECT ON LOCAL FUNDS+FUND AFFECTED FY 2027 FY 2028 FY 2029++Local Government* $0 or (Unknown) $0 or (Unknown) $0 or (Unknown)+* Oversight reflects the impact to educational institutions with DEI violations having to repay+state funding and having current and subsequent funding suspended until the DEI violation has+been corrected.++L.R. No. 5053H.01I+Bill No. HB 1998+Page 3 of 7+January 27, 2026+MR:LR:OD+FISCAL ANALYSIS++ASSUMPTION++§160.2560 – Defunding Diversity, Equity, and Inclusion in Elementary and Secondary Education+Act++Officials from the Department of Elementary and Secondary Education (DESE) state that+§§160.2560 and 173.2560 would require the department to monitor spending to ensure no state+funds are used for the implementation, teaching, or support of diversity, equity, and inclusion+(DEI) programs or initiatives. The monitoring of spending and programs would require an FTE+coordinator along with associated salary, expenses and equipment. This individual would be+responsible for ensuring violations did not occur and if/when they did would work with the local+education agencies (LEA’s) to rectify the violation. In addition, they would respond to+complaints and develop/submit the report as outlined.++Currently payments can be withheld from districts that violate the guidelines as written however+DESE cannot estimate the potential savings to the state as it is unknown how many, if any,+violations would occur.++Oversight does not have any information to the contrary. Therefore, Oversight will show the+estimated impact of 1 FTE and a $0 or unknown potential savings provided by DESE in the+fiscal note.++Officials from High Point R-III state that the proposed legislation would have a fiscal impact+but did not provide any additional information.++Oversight notes that this provision may cause educational institutions that use state funding for+the implementation, teaching or support of DEI programs to have to repay the state funding and+also have current and subsequent funding suspended until the DEI violation has been corrected.+Oversight will range the fiscal impact to school districts from $0 (no DEI violation) to an+unknown cost for DEI violations in the fiscal note.++§173.2560 - Defunding Diversity, Equity, and Inclusion in Higher Education Act++Officials from the Department of Higher Education and Workforce Development (DHEWD)+assume the proposal will have no fiscal impact on their organization.++Oversight does not have any information to the contrary. Therefore, Oversight will reflect a zero+impact in the fiscal note for this agency.++Officials from the University of Central Missouri state that the fiscal impact is Unknown but+likely negative. The types of programs, courses, curriculum or initiatives intended to be regulated+are not defined in the current bill language. Universities are required by federal law (American+L.R. No. 5053H.01I+Bill No. HB 1998+Page 4 of 7+January 27, 2026+MR:LR:OD+with Disabilities Act) and State of Missouri law (Missouri Human Rights Act) to provide+"equitable" access to university programs for students, employees and visitors with disabilities,+which necessitates training of employees that engage with students, employees and visitors.++Failure to properly administer these laws could result in the loss of federal funds and/or levying+fines. Further, Title IX (federal) provisions require the equitable treatment of male and female+athletes, which includes training for senior administrators and coaches regarding use of funds+and the impact of decision-making on gender equity; an inability to train could result in loss of+federal funds and/or fines for failure to comply.++Finally, the current bill language does not extend protections for traditional classroom+instruction, which seemingly prohibits discussion of important concepts such as the ADA,+Missouri Human Rights Act and Title IX, nor are there protections for institutions when faculty+are acting on their own and engaged in free speech. These limitations could lead to claims+against the institution that are de facto baseless but are costly to defend.++Officials from the University of Missouri System state that the University of Missouri has+reviewed this proposed legislation and does not anticipate a significant financial impact.++Oversight notes that this provision may cause educational institutions that use state funding for+the implementation, teaching or support of DEI programs to have to repay the state funding and+also have current and subsequent funding suspended until the DEI violation has been corrected.+Oversight will range the fiscal impact to community colleges, colleges, and universities from $0+(no DEI violation) to an unknown cost for DEI violations that could exceed the $250,000.++Responses regarding the proposed legislation as a whole++Officials from the Office of the State Treasurer (STO) state that there is no identifiable impact+on STO. Oversight will not reflect a fiscal impact to the organization in the fiscal note.++Officials from the Northwest Missouri State University assume the proposal will have no fiscal+impact on their organization. Oversight does not have any information to the contrary.+Therefore, Oversight will reflect a zero impact in the fiscal note for this agency.++Oversight only reflects the responses that we have received from state agencies and political+subdivisions; however, other local agencies were requested to respond to this proposed+legislation but did not. Upon the receipt of additional responses, Oversight will review to+determine if an updated fiscal note should be prepared and seek the necessary approval to+publish a new fiscal note. A general listing of political subdivisions included in our database is+available upon request.++L.R. No. 5053H.01I+Bill No. HB 1998+Page 5 of 7+January 27, 2026+MR:LR:OD++FISCAL IMPACT – State Government FY 2027+(10 Mo.)+FY 2028 FY 2029+GENERAL REVENUE++Savings – (§§160.2560 & 173.2560)+State funding recovered from+educational institutions that violate DEI+guidelines. p.3-4 $0 or Unknown $0 or Unknown $0 or Unknown++Cost - DESE (§160.2560) p.3+ Personnel Service ($84,084) ($102,919) ($104,977)+ Fringe Benefits ($47,432) ($57,730) ($58,558)+ Expense & Equipment ($16,564) ($14,055) ($14,336)+Total Cost – DESE ($148,080) ($174,704) ($177,871)+ FTE Change - DESE 1 FTE 1 FTE 1 FTE++ESTIMATED NET EFFECT TO+GENERAL REVENUE+($148,080) to+Unknown+($174,704) to+Unknown+($177,871) to+Unknown++COLLEGES AND UNIVERSITIES++Cost – (§173.2560) State funding+suspension and repayment from schools+that have a DEI violation. p.3-4+$0 or+(Unknown)+$0 or+(Unknown)+$0 or+(Unknown)++ESTIMATED NET EFFECT ON+COLLEGES AND UNIVERSITIES+$0 or+(Unknown)+$0 or+(Unknown)+$0 or+(Unknown)++L.R. No. 5053H.01I+Bill No. HB 1998+Page 6 of 7+January 27, 2026+MR:LR:OD+FISCAL IMPACT – Local Government FY 2027+(10 Mo.)+FY 2028 FY 2029+LOCAL POLITICIAL+SUBDIVISIONS++Cost – School Districts (§160.2560)+State funding suspension and+repayment from schools that have a+DEI violation. p.3+$0 or+(Unknown)+$0 or+(Unknown)+$0 or+(Unknown)++Cost – Community Colleges+(§173.2560) State funding suspension+and repayment from schools that have a+DEI violation. p.3-4+$0 or+(Unknown)+$0 or+(Unknown)+$0 or+(Unknown)++ESTIMATED NET EFFECT ON+LOCAL POLITICIAL+SUBDIVISIONS+$0 or+(Unknown)++$0 or+(Unknown)++$0 or+(Unknown)++FISCAL IMPACT – Small Business++No direct fiscal impact on small businesses would be expected as a result of this proposal.++FISCAL DESCRIPTION++This bill creates the "Defunding Diversity, Equity, and Inclusion in Elementary and Secondary+Education Act" and the "Defunding Diversity, Equity, and Inclusion in Higher Education Act".+The bill provides definitions for "Diversity, Equity, and Inclusion" or "DEI" and requires that+educational institutions no longer use state funding for the implementation, teaching, or support+of DEI programs or initiatives.++The bill requires any educational institution that uses state funding for a prohibited program to+repay the funding. Offending institutions will also have funding suspended in the current fiscal+year and in subsequent years until the DEI violation is fixed.++The bill requires that the Department of Higher Education and Workforce Development and the+Department of Elementary and Secondary Education issue an annual report on the number of+violations and the amount of state funding recovered due to DEI violations.+This legislation is not federally mandated, would not duplicate any other program and would not+require additional capital improvements or rental space.++L.R. No. 5053H.01I+Bill No. HB 1998+Page 7 of 7+January 27, 2026+MR:LR:OD+Jessica Harris+Assistant Director+January 27, 2026+Julie Morff+Director+January 27, 2026+SOURCES OF INFORMATION++Department of Elementary and Secondary Education+Department of Higher Education and Workforce Development+Office of the State Treasurer+University of Missouri System+High Point R-III+Northwest Missouri State University+University of Central Missouri
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