The Alabama Policy Institute (API) is dedicated to improving the lives of Alabamians by promoting public policy that honors the principles of free markets, limited government, and strong families. From this foundational perspective, we see Alabama’s Senate Bill 129, which restricts mandatory Diversity, Equity, and Inclusion (DEI) programs and offices in public entities, as a vital piece of legislation that deserves to stand up to judicial scrutiny.
SB 129 was signed into law by Gov. Kay Ivey (R) in March of last year. The core of the law is not to censor, discriminate, or whitewash but to restore balance between individual liberty and government overreach in education. This aligns directly with API’s mission, which asserts that government should not seek to take power away from the people. The only winners in government policy decisions should be the citizens and taxpayers of the state.
Government governs best when limited; freedom declines as government’s power increases. SB 129 embodies this principle by preventing state agencies, including public universities, from using taxpayer funds to compel individuals to affirm or adhere to certain concepts. These concepts, as defined in the law, often include the idea that an individual is inherently racist, sexist, or oppressive due to his or her race or sex.
Mandatory DEI programs often fall into this category, requiring students and employees to participate in surveys or trainings that promote a specific ideology based upon Critical Race Theory. Such mandatory programs are a clear example of government overreach and compulsion and an absence of diversity of thought. SB 129 doesn’t prohibit students or faculty from discussing issues of diversity, but it rightly holds that the state should not compel taxpayers to fund these activities or require or coerce any individual to participate in them. Freedom of conscience and speech are therefore protected, ensuring that education and employment are based on merit and individual character, not upon forced ideological conformity.
API also advocates for free markets and strong families. While SB 129 primarily addresses government and education, its principles are deeply intertwined with these core values. In a truly free market, individuals should be able to form their own opinions without being coerced by government. The law ensures that public institutions are places of open inquiry and discussion rather than centers of ideological indoctrination. This helps to foster a more robust and intellectually diverse society, which ultimately strengthens our state.
By limiting governmental intrusion into educational institutions, SB 129 supports the autonomy of families. It affirms that parents, not the government, are the primary educators and moral guides for their children. By removing mandatory DEI programs from public schools and universities, the law helps to ensure that the values taught to students are not in conflict with those of their families and communities. The legislation reflects the shared belief that strong families, rooted in individual responsibility and self-governance, are the bedrock of a prosperous society.
Alabama’s SB 129 is part of a broader national trend, wherein states are reevaluating the role of DEI in public institutions. Similar laws have been passed in states such as Florida, Texas, and Iowa, which have also sought to eliminate or restrict DEI offices and mandatory trainings. Florida’s law, for example, prohibits the use of state and federal funds for DEI initiatives. Texas has a law that forbids public universities from maintaining DEI offices or hiring third parties to perform their functions. While the specific provisions may vary, the underlying goal of these laws is consistent: to ensure that public entities do not use taxpayer money to promote ideological agendas and instead focus on their core missions of education and service based upon merit, not upon divisive concepts.
Opponents of SB 129 have filed lawsuits arguing that the law infringes upon the First and Fourteenth Amendments, but the law’s design is fundamentally sound from a constitutional standpoint. The law does not prohibit the discussion of topics related to race or gender; it simply prohibits the government from compelling speech or funding specific ideological programs. It makes a clear distinction between academic freedom and government-mandated indoctrination.
A federal judge has already declined to block the law’s enforcement, allowing it to remain in effect while the case proceeds. This is a crucial step in defending the law. The courts should recognize that the state has a legitimate interest in ensuring that its public institutions are not promoting divisive, discriminatory, or ideologically rigid concepts. The legislation is not about suppressing speech but about protecting the principles that API champions: limited government, individual liberty, and a society built on the shared values of freedom and responsibility.
The enforcement of SB 129 is just one component of educational reform that Alabama should pursue. Teacher quality is one of the most critical factors in student outcomes, but Alabama has historically struggled with teacher-pipeline issues. Building on previous leadership reforms, Alabama should redesign university teacher-preparation programs to emphasize instructional strategies proven to work in the classroom. “Grow Your Own” programs, found in states such as Arizona and Arkansas, recruit high-school students, paraprofessionals, and other community members into the teaching profession. Alabama should expand its existing teacher-prep partnerships to include high-school programs that offer early exposure to the teaching profession. The state could also follow Maryland’s model by using university-led tutoring programs to provide clinical experience for teacher candidates.
State-level and third-party accreditation processes should be more focused on continuous improvement and data-driven outcomes. Alabama’s accreditation standards should place a stronger emphasis on outcomes-based metrics, such as student growth, graduation rates, and college-and-career-readiness indicators.
Teacher retention should be further addressed. The Alabama State Board of Education should strengthen its oversight of educator-preparation programs (EPPs) and prioritize evidence-based instructional strategies. The National Council on Teacher Quality has previously criticized Alabama for weak program requirements, even as some state EPPs received high marks. Programs must be required to prove that their candidates are actually prepared for the classroom, especially in subjects such as reading and math. Legislation or Board action should demand increased clinical experience for aspiring teachers. Requiring more extensive, high-quality clinical experiences for teaching candidates would better prepare them for the challenges of teaching. Pairing teacher candidates with highly effective, well-trained mentor teachers in real classrooms would build their skills and confidence before they become teachers of record.
Alabama has taken huge strides toward school transparency, school choice, and parental rights in recent years. Defending SB 129 and reforming public education from the inside out isn’t about dismantling or disrespecting public education; rather, improving public education is the key to every state’s success. Education reform will strengthen public universities by increasing freedom and agency. Let’s trust families. Let’s demand excellence. Let’s open the doors to opportunity for every student in Alabama.
Stephanie Smith is president and CEO of the Alabama Policy Institute.
