A bill that would prohibit diversity, equity, and inclusion (DEI) initiatives at postsecondary institutions cleared its first hurdle in the Kentucky legislature.
The House Postsecondary Education Committee advanced House Bill 4 on Tuesday. Rep. Jennifer Decker, R-Waddy, said the measure would end an unconstitutional practice in Kentucky and make postsecondary education more accessible for all students. She is the primary sponsor of the legislation.
Decker said HB 4 would “ensure our postsecondary system in Kentucky is held accountable” and would “dismantle the failed and misguided DEI bureaucracies that have made our colleges more divided, more expensive, and less tolerant.”
HB 4 is the result of a 2023 Supreme Court ruling on the issue, Decker added.
For postsecondary institutions, HB 4 would:
- Prohibit differential treatment or benefits to an individual based on religion, race, sex, color, or national origin in hiring, admissions, scholarships, contracts, and scholarships;
- Only allow an investigation of a bias incident if the general counsel authorizes it and it meets certain criteria;
- Prohibit expending resources to establish or maintain a diversity, equity, or inclusion office, training, or initiative;
- Prohibit students from being required to enroll or complete an academic course that seeks to indoctrinate participants with a discriminatory concept; and
- Prohibit students, faculty, or staff from being required or incentivized to participate in DEI training.
The Council on Postsecondary Education would also be prohibited from implementing DEI initiatives.
Decker said HB 4 would not threaten student centers.
“Critics misread this bill as threatening student centers and threatening support for veterans, first generation and low-income students – services that are explicitly and groups that are explicitly exempted from this bill,” Decker said.
To ensure compliance, HB 4 would require the state auditor of public accounts to set up a process to review whether institutions are abiding by the statute, said Committee chair Rep. James Tipton, R-Taylorsville.
The review would take place every four years, and institutions would have 180 days to correct any violations.
“If the institution fails to cure the violation within that time, the institution shall be ineligible to receive formula funding increases … during the following fiscal year,” Tipton said. “There’s also an ability for the institution to petition the attorney general if they disagree with the auditor on the issue.”
Decker said the goal of HB 4 is to foster critical thinking at postsecondary institutions and correct a 14-year drop in enrollment from low-income and underrepresented students.
“If education is to be the great equalizer in the commonwealth, the opportunity to obtain a college degree in our state must be equally available and affordable to all,” she said.
Rep. Lisa Willner, D-Louisville, said it is “a broad leap” to suggest DEI is the cause for a drop in enrollment among underrepresented students.
“If the DEI initiatives are leaving some folks out, why don’t we make these more inclusive rather than just get rid of them?” she asked.
Decker replied that she doesn’t think DEI caused a drop in enrollment, but it hasn’t helped the issue either.
“If I were paying millions to help something not happen, and then it happened for 14 years, I would stop that spending,” she added. “I would be disgusted by the outcomes that I was not getting from what I was paying for.”
Rep. George Brown Jr., D-Lexington, called HB 4 “problematic” and said Kentucky’s history of discriminatory practices should be taken into consideration.
“The historical indicators of what has occurred, particularly with people who look like me, and other protected classes in our society – it’s a really serious problem,” Brown said. “And I think we’re trivializing it and that we’re trying to say that this does not matter.”
Brown said he also has concerns about how HB 4 may violate federal Title IX and Title VI law.
Rep. Steven Doan, R-Erlanger, said he supports HB 4, but wished a private course of action provision in an early version of the bill remained in the current draft.
“I would like to see maybe a little more teeth to it, but I think you’ve done a great job on this,” Doan said, adding he worries colleges and universities may ignore sections of the bill without the original language.
The House Postsecondary Education Committee approved HB 4 by an 11-4 vote.
In explaining his “yes” vote, Tipton said the debate on HB 4 has distracted from the goal of the legislation: student success.
“… We have to work to help every student succeed, no matter their situation in life,” Tipton said. “There are many extra wrap-around services that are needed, and that should be our goal. That should be where we focus on helping every student have the opportunity to succeed.”
HB 4 now goes before the full House for consideration.
Information from the Kentucky Legislative Research Commission.
