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Dear Public School Unit Leaders,
On June 24, 2026, Senate Bill 227, Eliminating “DEI” in Public Education, became law and took immediate effect. This memorandum provides some preliminary guidance as you continue reviewing policies, practices, programs, and personnel assignments to ensure compliance with the requirements of the new legislation.
OVERVIEW
North Carolina's public schools serve students from diverse communities, backgrounds, cultures, abilities, and life experiences. Each and every student is entitled to be treated fairly, with dignity and respect, and to have meaningful access to the educational opportunities and support they need to succeed. Public School Units (PSUs) must continue fostering safe, orderly, and welcoming learning environments in which all students can learn and thrive. The enactment of Senate Bill 227 does not change these foundational principles of public education or the legal protections afforded to students under federal and state law. It also does not limit the instruction of current events and controversial aspects of history, so long as such instruction is done in accordance with this law.
REQUIREMENTS OF SENATE BILL 227
Senate Bill 227 imposes new restrictions on certain programs, training, offices, and instructional practices within PSUs. For example, the legislation plainly states that PSUs may not maintain offices, divisions, or units that are referred to as or have in their name “diversity, equity, and inclusion.” The new law also directs PSUs not to provide instruction to students and professional development on the following statutorily enumerated "divisive concepts":
- One race or sex is inherently superior to another race or sex.
- An individual, solely by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.
- An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.
- An individual’s moral character is necessarily determined by his or her race or sex.
- An individual, solely by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex.
- Any individual, solely by virtue of his or her race or sex, should feel discomfort, guilt, anguish, or any other form of psychological distress.
- A meritocracy is inherently racist or sexist.
- The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.
- Particular character traits, values, moral or ethical codes, privileges, or beliefs should be ascribed to a race or sex or to an individual because of the individual’s race or sex.
- The rule of law does not exist but instead is a series of power relationships and struggles among racial or other groups.
- All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness.
- Governments should deny to any person within the government’s jurisdiction the equal protection of the law.
Senate Bill 227 makes clear, however, that instruction can continue on those “divisive concepts,” so long as it is done in accordance with the North Carolina Standard Course of Study in contexts that make clear that the PSU does not sponsor, approve or endorse those concepts. The legislation also does not limit materials accessed on an individual basis that advocate divisive concepts or discriminatory practices for the purpose of research or independent study.
Senate Bill 227 also requires that PSUs certify compliance with it annually.
ANALYSIS
As noted above, the law expressly preserves educators’ ability to provide instruction on “divisive concepts” and significant historical topics required by the North Carolina Standard Course of Study, including slavery, segregation, discrimination, genocide, the civil rights movement, and other “controversial aspects of history.” Educators may – and should – continue to provide instruction consistent with state academic standards while ensuring compliance with the requirements established by the new law. For example, teachers can continue to present multiple perspectives on historic events and public policy issues as part of their instruction and encourage critical thinking and evidence-based analysis by students. In contrast, teachers should not seek to persuade students to adopt a particular belief or compel students to personally endorse contested viewpoints. In short, classroom instruction should be based on the North Carolina Standard Course of Study, focus on documented facts, remain academically grounded and ideologically neutral, and should not require students to adopt or affirm the prohibited concepts outlined above.
In addition, Senate Bill 227 does not in any way relieve PSUs of their longstanding responsibilities under existing federal and state civil rights laws. PSUs must continue to provide educational opportunities to all students, maintain safe and orderly learning environments, and address discrimination, harassment, and bullying as required by law. To be clear, PSUs remain responsible for complying with all applicable federal and state civil rights laws, including:
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Title VI of the Civil Rights Act of 1964, prohibiting discrimination based on race, color, or national origin
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Title IX of the Education Amendments of 1972, prohibiting discrimination based on sex
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Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act, prohibiting discrimination based on disability
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The Individuals with Disabilities Education Act (20 U.S.C. § 1400 et seq.), requiring schools to provide a free appropriate public education to eligible students with disabilities
- North Carolina's anti-discrimination, anti-harassment, and anti-bullying laws
Nothing in Senate Bill 227 relieves PSUs of their responsibility to investigate complaints of discrimination or harassment, provide required accommodations and services to students with disabilities, or ensure equal access to educational opportunities. PSUs must continue to fulfill these obligations fully and consistently.
CONCLUSION
I recognize that as PSUs work to ensure compliance with the new legislation, implementation questions will arise. The North Carolina Department of Public Instruction remains committed to supporting PSUs as they work through those questions and the implementation process. We encourage PSUs to consult with local legal counsel regarding specific compliance questions and to continue monitoring guidance issued by NCDPI.
By the end of July, NCDPI will provide additional information about the compliance certification required under the new law to be submitted by PSUs to the NCDPI by September 1.
Thank you for your continued leadership and your steadfast commitment to serving North Carolina’s public school students.
Respectfully,
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