In October 2023, APS, the American Association of Physics Teachers, and the National Society of Black Physicists partnered to organize informational webinars on state-level anti-Diversity, Equity, and Inclusion (DEI) legislation. Two webinars were presented: this webinar on Florida and another on legislation across the country. Each webinar featured an expert guest speaker who provided reference materials to supplement their presentations.
Professor Katheryn Russell-Brown is affiliated with the University of Florida Levin College of Law, where she is the Levin, Mabie & Levin Professor of Law and director of the Race and Crime Center for Justice. Russell-Brown received her undergraduate degree from the University of California, Berkeley; her law degree from the University of California, Hastings; and her PhD in criminology from the University of Maryland. She teaches, researches, and writes on issues of race and crime and the sociology of law. Late last year, she published a paper on Florida bill HB7, the Stop WOKE Act, and its impacts on the higher education classroom.
The material provided in this document does not, and is not intended to, constitute legal advice. All the cited information and materials are for general informational purposes only. Please note, this information may not constitute the most recent legal or legislative decision.
Florida’s Senate Bill 266 became law on July 1, 2023. The law is titled “Postsecondary Educational Institutions.” This law is sometimes referred to as Florida’s “anti-DEI” legislation. Below is a summary of the law’s sections that address limits on diversity, equity, and inclusion (DEI) and limits on curriculum instruction in university courses.
Anti-DEI aspects of this law include the following:
However, the law provides some exceptions:
SB 266 focuses on “general education core courses.” The law bans a range of subjects and perspectives:
SB 266 focuses on college-level activities and instruction, not K-12.. As to curriculum and instruction, the primary focus of SB 266 is “general education” (lower-level, non-elective, non-major-specific courses).
It is unclear whether SB 266 extends to graduate and professional schools’ curriculum and instruction.
To date, the Florida Board of Governors has not yet provided explanations of key terms used in SB 266. Words, terms, and concepts, such as “diversity, equity and inclusion,” “identity politics,” “political or social activism,” and "significant historical events,” are neither defined nor explained.
Constitutional challenges have been raised to SB 266, including free speech, due process, and equal protection. See New College of Florida, Freedom, Inc. v. Manny Diaz, Jr. (2023).
Here are some potential strategies instructors and administrators might consider as they determine how to respond to SB 266:
If you are interested in reading further about SB 266 and DEI-related issues, these resources can provide additional details and information.
Anti-DEI efforts across the United States
Find resources related to APS's webinar about understanding anti-DEI legislation efforts across the country.
APS policy & advocacy initiatives
APS encourages our members to join us in our advocacy efforts on behalf of the physics community.
APS initiatives supporting minorities in physics
APS strives to foster a welcoming and inclusive physics community that supports historically underrepresented groups within physics.