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North Dakota Just Enacted a ‘Specified Concepts’ Bill. Here’s What It Says. By  Kate Marijolovic April 25, 2023 Mike McCleary, The Bismarck Tribune, APGov. Doug Burgum of North Dakota

A bill banning mandatory diversity training at public institutions of higher education in North Dakota was signed into law on Monday.

Gov. Doug Burgum, a Republican, signed Senate Bill 2247 into law with little fanfare. His office issued no press release about its signing. Only the senate journal includes a communication from the governor stating that he signed the bill along with others. It will go into effect on August 1.

The new law will prevent institutions under the control of the State Board of Higher Education from mandating noncredit diversity training. An exception for training on federal and state nondiscrimination laws is included. It also prevents institutions from asking about the “ideological or political viewpoint” of students, prospective employees, or those being considered for a promotion or tenure, likely ending the use of diversity statements in hiring.

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A bill banning mandatory diversity training at public institutions of higher education in North Dakota was signed into law on Monday.

Gov. Doug Burgum, a Republican, signed Senate Bill 2247 into law with little fanfare. His office issued no press release about its signing. Only the Senate journal includes a communication from the governor stating that he signed the bill along with others. It will go into effect on August 1.

The new law will prevent institutions under the control of the State Board of Higher Education from mandating noncredit diversity training. An exception for training on federal and state nondiscrimination laws is included. It also prevents institutions from asking about the “ideological or political viewpoint” of students, prospective employees, or those being considered for a promotion or tenure, very likely ending the use of diversity statements in hiring.

DEI legislation tracker Explore maps and read descriptions and status of bills in states where lawmakers are seeking to restrict colleges’ DEI efforts.

Visit The Assault on DEI for related stories.

Additionally, the bill prohibits students and college employees from being discriminated against because of their position on a “specified concept,” which is defined in a list of 16 statements, most of them about race, sex, and power. The specified concepts include: the notion that a person’s race or sex is “inherently privileged, racist, sexist, or oppressive, whether consciously or subconsciously”; that the idea of meritocracy is “inherently racist or sexist"; and that the United States itself is “fundamentally or irredeemably” racist or sexist. Another specified concept that a student or employee can’t be penalized for refusing to believe or oppose: “The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups.”

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The bill also states that if a college employee’s main duties include efforts to improve diversity, part of their job must also encompass “efforts to strengthen and increase intellectual diversity among students and faculty” at their institution.

The language in the signed bill also states that its provisions shouldn’t be interpreted as restricting faculty members’ academic freedom or preventing them from “teaching, researching, or writing publications about the specified concepts or related topics.”

Of the 33 diversity, equity, and inclusion-related bills The Chronicle is tracking, North Dakota’s is the first to be signed into law.

The bill was sponsored by three state senators and three state representatives, all Republicans.

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Two of the bill’s sponsors responded to a request for comment on its passage. State Rep. Bernie Satrom said he was unaware the bill had passed and offered no further comment.

State Sen. Randy Lemm said he was glad the governor signed the bill because it will ensure students and instructors are not penalized for their views, and that they have free speech.

Gov. Burgum’s office did not respond to a request for comment.

Earlier in the legislative process, at a March 7 hearing of the House Education Committee, 17 people testified in opposition to the bill, while three spoke in favor, including one of its sponsors, Sen. Bob Paulson.

Casey Ryan, chair of the state board, wrote in opposition to the bill: “Personally, I believe the goal of our colleges and universities is to teach students ‘how’ to learn — not ‘what’ to learn.”

We welcome your thoughts and questions about this article. Please email the editors or submit a letter for publication. Diversity, Equity, & InclusionPolitical Influence & ActivismLaw & PolicyDEI Legislation Kate Marijolovic Kate Marijolovic is a reporting intern at The Chronicle. Follow her on Twitter @kmarijolovic, or email her at [email protected].