Rodney's Rambling's

S.B. 83: Perhaps more than you ever wanted to know

Ohio is better when we embrace diversity and strive to be inclusive of all individuals regardless of race, background, gender, religion, or disability. Through Ohio's equity agenda, state agencies are actively engaged in healing those who are hurting, fighting discrimination, creating opportunities, focusing on inclusion, and building awareness of systemic change needed to end disparities. Moving state government forward on the diversity, equity, and inclusion continuum shows that state government is committed to serving all people so they can live up to their God-given potential. Governor Mike Dewine

There is much debate regarding S.B. 83, "the Higher Education Enhancement Act," introduced by Ohio State Senator Jerry Cirino. Versions of this bill have been banned in 7 states while it is being debated in 16 other states. Most of the states included in these comprise the old Confederacy and many within the Midwest. Large-scale opposition in Arizona and Mississippi led to the defeat of banning C.R.T. The concern in the bill is that it seeks to prohibit advantaging or disadvantaging" an individual "based on membership in groups defined by characteristics such as race, ethnicity, religion, sex, sexual orientation, gender identity, or gender expression in admissions, hiring, promotion, tenuring, workplace conditions or any other program, policy, or activity." If the bill stopped there, there actually would be no controversy regarding its passage. The provision, as explained by Geber (2023) "is merely a restatement of existing employment discrimination law and, concerning admissions decisions, what the law almost certainly will become once the U.S. Supreme Court decides cases involving the University of North Carolina and Harvard." Put simply, the Bakke case stipulated that you cannot "reverse discriminate" or discriminate against anyone, Whites included.

S.B. 83 is a carbon copy of the Florida "The Stop W.O.K.E. Act" in many ways. It violates several court rulings regarding free speech, as with the Ohio bill. One such ruling was the U.S. Supreme Court's 1969 ruling in the Tinker v. Des Moines Independent Community School District. It ruled that neither students nor teachers "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Alternatively, in a 1982 ruling (Island Trees Union Free School District No. 26 . Pico) where a total of 11 books were removed from the school board, including Kurt Vonnegut's Slaughterhouse-five, Best Short Stories by Negro Writers, edited by Langston Hughes, and Go Ask Alice, anonymous. The Board labeled the books "anti-American, anti-Christian, anti-Sem[i]ti and just plain filthy." Justice Brennan, writing for the majority, stated that "local school boards may not remove books from school library shelves simply because they dislike the ideas contained in those books and seek their removal to 'prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion.'" (Moore 2022) (For more on the history of book bans and how this and similar bills are a repeat of past efforts to stifle ideas, see: https://www.nationalgeographic.com/culture/article/history-of-book-bans-in-the-united-states?loggedin=true&rnd=1680473463768

Similarly, it could be argued that S.B. 83 attempt to ban ideas falls into the same class of rulings and would not be upheld in court. In point of fact, the U.S.11^th Circuit of Appeals, just in March of this year, ruled in favor of the A.C.L.U.'s brief that stated "The Stop WOKE Act" chills instructors' ability to share their expertise with students without fear of reprisal because the act prohibits instruction that 'espouses' certain viewpoints the State dislikes...The balance of the equities and the public interest weigh decisively in favor of …ending discrimination based on race and other immutable characteristics. Professors must be able to discuss subjects like race and gender without hesitation or fear of state reprisals. Any law that limits the free exchange of ideas in university classrooms should lose in both the court of law and the court of public opinion." (Sachs 2023) (More regarding the A.C.L.U.'s perspective and its win over the Stop Woke Act can be found here: https://www.aclu.org/news/free-speech/lessons-learned-from-our-classroom-censorship-win-against-floridas-stop-w-o-k-e-act )

Another problematic aspect of S.B. 83 is its notion regarding "divisive concepts." Again this would "limit classroom discussion, scholarly inquiry, and public debate on controversial topics such as critical race theory, an intellectual and social movement that maintains that American law and society reflects, promotes and perpetuates" racialization or white supremacist politics. (Gerber ibid) If students were indoctrinated to accept these concepts without critique or debate, it would be inconsistent with education. Academic freedom is defined as the free exchange of ideas on college and university campuses." A ban on such would impede the ability of these institutions' ability to advance knowledge. Academic freedom at colleges and universities has been embraced by the U.S. Supreme Court as "a special concern of the First Amendment" that is of transcendent value to all of us, and not merely the teachers concerned." Academic Freedom "thrives not only on the independent and uninhibited exchange of ideas among teachers and students but also . . . on autonomous decision-making by the academy itself." (Supre Court ruling quoted by Taylor 2021)

S.B. 83 is just the most recent attempt to accomplish such a ban. HB 327, in 2022, attempted to do the same. The Inter-University Council of Ohio (I.U.C.), the lobbying arm of the State's public colleges and universities, essentially derailed this bill. In the bill, I.U.C. argued that "laws restricting the academic freedom of university risked compromising their accreditation. Without accreditation, the value of degrees from those colleges would decline dramatically." (Messer-Kruse 2022) By essentially banning "academic freedom," the independence from "external interests such as those motivated by political ideology" could not be upheld, which contradicts Standard 2.d. of the H.L.C. published accreditation criteria. This states that institutions must remain "committed to academic freedom and freedom of expression in the pursuit of truth in teaching and learning." If this cannot be assured, then accreditation would be risked. Further, in the 1957 Supreme Court Ruling regarding Sweezy v. New Hampshire, the high court ruled, "Teachers and students must always remain free to inquire, study and evaluate, gain new maturity and understanding; otherwise, our civilization will stagnate and die."

What, then, is the objection to C.R.T.? The Legal Defense fund argues that the anti-CRT movement uses C.R.T. as a "catch-all phrase of those seeking to censure educational discussions dealing with race and racial justice in American schools." It "epitomizes yet another dangerous and anti-democratic effort to suppress and deny the voices, power, and lived experiences of Black and Brown people in America. (Robinson, 2023)According to a Brooking position paper, C.R.T. has become the bogeyman for people unwilling to acknowledge our country's racist history and how it impacts the present. (Ray and Gibbons, 2021) In reality, the opponents of C.R.T. feel that it represents all whites as oppressors while treating all Blacks and minorities as hopeless victims. The problem with this designation is that it posits racism as an attribute of individual white people. C.R.T. is expressly looking at U.S. social institutions (such as within education, crime, economy, and health care). It looks at how racial outcomes, over time, have benefitted some while harming others. (Crenshaw, Gotanda, Peller, and Thomas, 2023)

Further, it argues that such racism is systemic and often occurs across several institutions simultaneously. (Coates, Ferber, and Brunsma, 2022) Thus the cradle-to-prison pipeline links what happens in the schools, law enforcement, and courts, and ultimately economy and politics. Consequently, it examines how poor Black males are likelier to be disciplined and suspended in primary and secondary schools. These suspensions lead to increased surveillance by police and hence increased likelihood of being racially profiled, arrested, and convicted of various crimes. Such criminalization leads to a decreased chance of employment and social mobility. Further, felony convictions are almost certainly to lead to voter disenfranchisement. Collectively, these can harm the black family and the feminization of poverty.

Across many Ohio states, academic efforts toward diversity, equity, and inclusion (D.E.I.) are under attack. These attacks ignore the evidence that D.E.I. programs strengthen higher education, facilitate the State's mission to educate its citizens and increase graduation rates for all students, regardless of race, ethnicity, gender, sexuality, immigrant status, ability, or social or economic status. As our Nation and State have become even more diverse, and as the calls for diversity intensify, the political attacks have also intensified. Ironically, new research funded by the Rockefeller Foundation (Center for American Progress and PolicyLink) has demonstrated that Americans support diversity initiatives to reduce inequalities between racial and ethnic groups. For over ten years, research has shown that the American public believes economic growth, greater innovation, and business competitiveness are the greatest driving forces for diversity. And more than 7 out of 10 Americans (71%) believe that we should invest in education, job training, and infrastructure improvement to reduce racial and ethnic inequality. (Rockefeller Foundation 2013)

While some might argue that D.E.I. efforts at American Universities have increased by 27% over the past five years, such fundings only account for 0.49 percent of university-wide budgets. (Insight 2019) Expenditures for diversity offices and officers are also targeted. But the basic function of chief diversity officers is to ensure that the university complies with federal and State laws. For example, the Federal Higher Education Act requires colleges and universities receiving federal student financial aid (e.g., Pell Grants and student loans) to report an annual breakdown of students receiving such, broken down by race, gender, and ethnicity of the student population. (Higher Education Today 2023 and Parker 2022) Strengthening equity and campus climate "strengthens a university's mission of academic success." (Stanley, Watson, et al., 2019)

Diversity in Higher Education began almost 70 years ago as Brown v. Board of Education declared that separate Black and White schools were inherently unequal. Sixty years ago, the Coleman Report added that socioeconomic school integration could increase academic achievement among all students. Today, diversity is even more important as students must learn to navigate an increasingly diverse society. (Dickinson 2016) Employers at all levels recognize the importance of diversity. (Forbes 2022)

D.E.I. is directly associated with the mission of Higher education to encourage student access and achievement and prepare the labor force to be globally competitive. The challenges facing the Nation and the State require reducing educational inequities and opportunity gaps and increasing those who have access to quality postsecondary education. Higher education is the fundamental pathway for accomplishing social mobility in the United States for all groups, particularly among diverse populations. For example, "At roughly 2.5 percent, the unemployment rate for college graduates is about half of the national average. Among Hispanics, adults who had only completed a high school diploma earned $30,329, compared with $58,493 for those who had completed four-year college (or higher). Among blacks, adults with a high school diploma earned $28,439 compared with $59,027 for those with bachelor's degrees." (U.S. Department of Education 2016) Graduation rates of all students, particularly Black and Latino, are directly and positively impacted by the diversity of the faculty. (Scout et al., 2018)

Another fundamental mission of Higher Education is to help citizens actively participate in a democratic society. A basic obligation of higher education is to facilitate the maximal development of our young adults. It encourages "students from all backgrounds" to maximize their knowledge skills, examine their values, and foster American values. ( Schneider 2022)

At the core of a liberal education is the notion that exposing students to diverse ideas is critical to the functions of democracy. The mission of education is to help students explore a variety of viewpoints without "indoctrinating students." We call this critical thinking. If the new legislation is passed, critical thinking will be the first casualty as a monolithic educational system that does indoctrinate students will come into play. (Curran, 2023) Diversity of ideas encourages innovation and discourages stagnation.

Often the use of the term diversity needs to be understood. Diversity, however, refers to various designations from race and ethnicity to a tribal affiliation (for example, our relationship with the Myaamia Tribe). We also use terms such as underrepresented to reflect those populations that might be less likely to be within a certain cohort of students. At Miami University, underrepresented students include persons who belong to racialized groups, such as Black and African American, Hispanic and Latino, Naïve American, Alaska Native and Indigenous, Asian American, Native Hawaiian and Pacific Islander, Middle Eastern, and North Africa. It includes first-generation college students, veterans, women, LGBTQ+, and persons with disabilities. We also welcome individuals from rural areas and those living in extreme poverty, immigrants and those with limited English proficiency, and other persons otherwise affected by discrimination. It reflected the entire range of groups found within the State of Ohio and the United States. This framework can have a narrow focus as it targets particular professional areas where specific groups are underrepresented, such as women and racial minorities in S.T.E.M. or men in Nursing. Or it can be a framework that collectively works across Miami to increase access (inclusion) and success (equity) for all, regardless of identity.

Public universities and colleges are concerned with Diversity and underrepresentation because we believe that as Public institutions, we should serve the public (particularly our diverse citizens who comprise and pay taxes within the State). But also, research continues to demonstrate that various student bodies (not only our diverse citizens but also from different countries/backgrounds) help our students to learn from one another, develop a worldview, and therefore help cultivate a worldview. Moreover, as pointed out by a 2019 article in Forbes, this has a direct bearing on the workplace for themselves, their employers, and the State, such as:

● More innovative problem-solving
● Greater cooperation
● Stronger morale
● Improved productivity
● Higher profitability

The problem with many diversity efforts is that Higher education posits that it is championing these because it will benefit diverse students. While this is the case, it is far from the complete issue. A principle function of diversity is to help promote both democracy and social justice. D.E.I. also serves to advance the interests of all students by teaching students a set of skills, including:

a. Emotional intelligence

b. Critical thinking

c. Collaboration and communication skills

d. Workplace and community norms

, e. Conflict resolution

f. Critical evaluate personal values and truth claims

Resources, Data, and Statistics: Disparities in Access

The following resources provide information about disparities in access to higher education.

American Council on Education, "Race and Ethnicity in Higher Education: A Status Report." This resource provides decision-makers with essential data and other relevant information regarding persistent equity gaps in higher education.
Center for American Progress, "The Neglected College Race Gap: Racial Disparities Among College Completers." This resource presents findings about equity in higher education, including statistics and recommendations for policymakers and school leaders.
National Science Foundation, "Higher Education in Science and Engineering." This resource provides statistics highlighting disparities in science and engineering degree attainment by gender and racial or ethnic group.
The National Academies Press, Monitoring Educational Equity , "Indicators of Disparities in Access to Educational Opportunities." Segregation, school climate, teacher diversity, lack of access to high-quality curricula, and more are indicators of educational disparities discussed in depth in this book chapter.

According to the U.S. Census Bureau, the United States, as soon as 2043, will be a "diverse-majority" country. This means that more than 50% of Americans will identify as non-white. According to the National Center for Education Statistics (2019), students will decline in the coming years. Forbes (2022) noted that college enrollment has decreased by 7.,4 % or 1.3 million students since 2020. While non-White student groups are expected to increase, these increases will not equal the expected 6% decline among White students. This means that if public colleges and universities are going to survive, they must become more diverse.

Enrollment by Selected Characteristics and Control of Institution: Race/Ethnicity

Figure 21. Actual and projected numbers for enrollment of U.S. residents in all degree-granting postsecondary institutions by race/ethnicity: Fall 2003 through Fall 2028.

NOTE: Degree-granting institutions grant associate's or higher degrees and participate in Title IV federal financial aid programs. Race categories exclude persons of Hispanic ethnicity. Some data have been revised from previously published figures.
SOURCE: U.S. Department of Education, National Center for Education Statistics, Integrated Postsecondary Education Data System (I.P.E.D.S.), Spring 2004 through Spring 2018, Fall Enrollment component; and Enrollment in Degree-Granting Institutions by Race/Ethnicity Projection Model, 1980 through 2028. (This figure was prepared in April 2019.)

Enrollment by race/ethnicity

Enrollment of U.S. residents is projected to

▼ decrease of 6 percent for students who are White between 2017 and 2028 (10.5 million versus 9.9 million);

▲ increase 8 percent for students who are Black between 2017 and 2028 (2.5 million versus 2.7 million);

▲ increase of 14 percent for students who are Hispanic between 2017 and 2028 (3.5 million versus 4.0 million);

▲ increase by 2 percent for students who are Asian/Pacific Islander between 2017 and 2028 (1.3 million versus 1.4 million);

▼ decrease by 9 percent for students who are American Indian/ Alaska Native between 2017 and 2028 (138,000 versus 125,000); and

▲ increase by 1 percent for students of Two or more races between 2017 and 2028 (700,000 and 705,000).

But Diversity is either required or encouraged among several professions. Here is a brief list.

Doctors -State Medical Board of Ohio

Counselors and Social Work

Physical therapist

Government and Non-Government Organizations

Both within government (at all levels) and corporate offices, D.E.I. is a top priority. These sites stress that organizations are centers where employers and institutional/national values are identified, directly concerned with dealing with the challenges and barriers to obtaining, retaining, and investing in the best Americans offer. This means investing in a diverse team, inclusive cultures, and an increasingly diverse workforce. Collectively this help preserves profitability and upholds corporate and democratic values. Some of these Governmental and Non-Governmental Organizations' diversity efforts are detailed below:

Presidential Statement

U.S. Office of Personnel Management

U.S. General Services Administration

U.S.D.A.

2020 was viewed as a year of racial reckoning, and Diversity, equity, and inclusion were a major focus of funders. In 2016 D.E.I. was not a priority of philanthropy. But since 2020 study of D.E.I. has been a major topic of interest. (William and Flora Hewlett Foundation 2020). Foundations recognize that institutions of higher education benefit from diver students, faculty, and staff as they help with intellectual and social development. Some of the largest grant-funding organizations consider Diversity as it considers a college or university's grant proposal. Such agencies as the National Institutes of Health and the National Science Foundation give special emphasis and opportunities for those grants aiming to advance Diversity. For example, the National Cancer Institute grants for Mentored Patient-Oriented Research Career Development Award to Promote Diversity annually, and the N.S.F. provides grants to increase Diversity in S.T.E.M. Increasing diversity initiatives can be identified in a whole range of areas, including:

U.S. Government Grants and D.E.I. requirements

N.I.H.

Department of Engineering,

Department of Defense

U.S. Embassy

Nursing Workforce Diversity Program (H.R.S.A.)

U.S. Department of Labor/Work Opportunity Tax Credit

National Science Foundation

National Science Foundation/ Broadening Participation in S.T.E.M.

National Science Foundation/ Engineering

Environthon (National Conservation Foundation and U.S. Forest Service)

H.H.S./Office of Minority Health