Guidance for University Scholarship Administration

In accordance with Federal law, Texas A&M University does not consider race, ethnicity, or gender in the awarding of scholarships. Additionally, the 88th Texas Legislature passed Senate Bill 17 (SB 17) during its regular session to prohibit diversity, equity and inclusion programs and practices at public universities by January 1, 2024. Student scholarships are not affected by SB 17 if they are awarded and administered by a System university without regard to race, sex, color, ethnicity, or national origin, and if a Diversity, Equity and Inclusion (DEI) statement is not required or considered as part of the application. SB 17 does not apply to programs for first generation, low-income college students, or underserved student populations, as long as the programs are designed and implemented without regard to race, sex, color, or ethnicity.

Questions and Answers relating to Senate Bill 17 Regarding Diversity, Equity and Inclusion 

This information is developed and maintained by Scholarships & Financial Aid with guidance for the answers to these questions provided by the Texas A&M University System Office of General Counsel.

How does SB 17 affect student scholarships and fellowships?

SB 17 does not affect student scholarships if they are awarded and administered by a System university without regard to race, sex, color, ethnicity, or national origin, and as long as Diversity Equity and Inclusion (DEI) statements are not required or considered as part of the application/selection process. If a scholarship is closed to a specific race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation, a System university cannot support the effort under SB 17, Federal law, and System policy.

What needs to happen if we have scholarships/fellowships that contain the word “diversity” in the title and/or in the selection criteria?

You must change the name of the scholarship to remove “diversity,” and you need to revise the criteria for awarding and administration to omit any and all diversity-related consideration. You may continue to consider first generation student status and/or students coming from an underserved population as criteria. You may also continue to seek and support students who have overcome obstacles such as socio-economic struggles or other adversity.

Do SB 17 restrictions on diversity include national origin?

Yes. Rather than restrict eligibility based on national origin, gift agreements should use inclusive language such as:  U.S. resident, U.S. Permanent resident, and eligible noncitizens.

It is permissible to limit by state, for example: Texas resident

Do we need to correct all existing gift agreements to include the language above to avoid restrictions based on national origin?

No; however, the University must nonetheless award and administer scholarships using the inclusive terminology provided above. Future gifts should use this language.

May a System university member continue to accept and administer scholarships/fellowships for veterans and dependents of veterans?

Yes, it is permissible to consider veteran status in scholarships awarding.

May a System university administer scholarships/fellowships that targets specific populations- for example Cattle Women’s Association, or organizations like Women in Engineering, or the Memorial Student Center Carter G. Woodson Black Awareness Committee?

Yes, but only if participation in these organizations/groups is open to any individual (regardless of gender, race, ethnicity, etc.) and these scholarships/fellowships are available to all members of the group. If membership or eligibility is limited to only women or only men, or only for students of a particular ethnicity, this may violate SB 17 and cannot be administered.

You may continue to use items such as academic record, college/major, classification, and financial need.

What if an entity separate from the University offers a scholarship/fellowship opportunity that is closed to a specific race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation?

If a non-University entity offers a scholarship that is “closed” (prohibited by SB 17, System Policy, or federal law), the System university may not participate in any manner in the advertising, application, selection, awarding, administration, or support of the fund.

May a faculty or staff member write a letter of recommendation for a student who is applying for an external scholarship whose criteria include factors such as race, color, ethnicity, nation of origin, sex, gender identity, or sexual orientation?

Yes, SB 17 does not prohibit employees from writing letters of recommendation for undergraduate, graduate, or professional students- assuming that assistance is not limited to certain students based on a discriminatory reason. For example, a letter of recommendation for a summer internship with the NAACP would be permitted.

I have received grant funding that is intended to provide stipends and experiences specifically for minority students. Do SB17 restrictions apply?

All University programs administered after January 1, 2024 must comply with SB 17 and Title VI. Participants/students eligibility cannot consider gender, race, or ethnicity.

Additional Information

For additional information please review Texas A&M University System Policy 08.01 Civil Rights Protections and Compliance and Texas A&M University System Office of General Counsel Guidance Regarding the Implementation of SB 17 Relating to Diversity, Equity and Inclusion.

NOTE: As additional questions are presented and answers are provided, updates will be made to this page.