Contains whereas clauses.

Section 1

Amends GS 116-11 by adding a new subdivision requiring the Board of Governors to adopt a policy on diversity, equity, and inclusion at constituent institutions of The University of North Carolina (UNC) that complies with new Article 39 of Chapter 116.

Amends GS 115D-5 by adding new subsections requiring the State Board to adopt a policy on diversity, equity, and inclusion at community colleges that complies with new Article 39 of Chapter 116 and a policy that prohibits community colleges from establishing or maintaining a group or committee designed to investigate a bias incident. Defines bias incident as any conduct, speech, or expression that the school, group, or committee labels as intimidating, demeaning, mocking, degrading, or marginalizing an individual or group based on the perceived or actual identity of that individual or group.

Section 2

Amends Chapter 116 by adding Article 39, concerning diversity, equity, and inclusion, as follows.

Enacts GS 116-415 detailing the intent of the General Assembly.

Enacts GS 116-416, which defines governing board and chancellor. Defines discriminatory practice as any of the following when based on an individual’s protected classification under federal law: treating someone different solely to advantage or disadvantage them as compared to other individuals or groups; excluding an individual from employment or participation in an educational program/activity, except as allowed under federal law. Provides a list of 12 concepts to define divisive concept. Defines instruction as content taught or presented to students by employees, contractors, or individuals otherwise engaged by a public institution of higher education. Defines public institution of higher education (Institution) to include a constituent institution of UNC or community college as defined in GS 115D-2(2).  

Enacts GS 116-417, which prohibits any Institution from: (1) engaging in or advocating for discriminatory practices; (2) compelling students, professors, administrators, or other employees to affirm or profess belief in divisive concepts; (3) endorsing divisive concepts; (4) maintaining any office, division, or unit that promotes discriminatory practices or divisive concepts, or is referred to as or named diversity, equity, and inclusion; (5) employing someone or assigning an employee to have duties for an Institution that include promoting discriminatory practices or divisive concepts; or (6) requiring completion of a course related to divisive concepts to obtain a degree or complete a program, unless an exception applies. Clarifies that this does not limit First Amendment-protected speech; accessing materials advocating for divisive concepts or discriminatory practices on an individual basis for research or independent study; policies or procedures required by state or federal law; instruction or discussion on divisive concepts that makes clear the Institution does not endorse the concepts; and a course related to divisive concepts required for a specific degree program as allowed by chancellor’s discretion. Requires the chancellor to report any such course requirement to the governing board.

Requires each Institution to provide written, annual certification to their governing board by September 1 that the Institution fully complies with the requirements of GS 116-417 and include any actions taken to achieve compliance. Requires the governing board to summarize the certifications in a report by January 15 annually to the Joint Legislative Commission on Governmental Operations and the Joint Legislative Education Oversight Committee.

Section 3

For September 1, 2025, certification enacted in Section 2, each Institution must also include information on the initial implementation of this act, including reductions in force and spending, any job title and position description changes, and how savings achieved from these actions have been directed.

Section 4

Amends GS 116-300 by adding a new subdivision requiring the Board of Governors of UNC to develop and adopt a policy on free expression that includes a statement that the constituent institution is prohibited from establishing or maintaining a group or committee designed to investigate a bias incident. Defines bias incident as detailed in Section 1 above.  

Section 5

Contains a severability clause.