Kentucky lawmakers target 'diversity, equity and inclusion' at public schools, universities

FRANKFORT − Two Republican-backed bills filed in the opening days of the 2024 General Assembly take aim at "diversity, equity and inclusion" curriculum in Kentucky schools, from kindergarten through college.

Senate Bill 6 would let university employees and students sue if they believe they’ve been discriminated against due to their “refusal to support or endorse any divisive concept," including the idea that one race or sex is superior, that a person can be "inherently privileged, racist, sexist, or oppressive" due to their race or sex, that a person should feel guilt or discomfort due to their race or sex and that Kentucky as well as the U.S. are "fundamentally or irredeemably racist or sexist."

Meanwhile, Senate Bill 93 would add language to current laws to prevent public and charter schools in the state from using programs or training that promote "diversity, equity, inclusion, and belonging or promote or engage in political or social activism." It also removes language that called on schools to use a "trauma-informed approach" with students who have been impacted by trauma and cuts required diversity and bias awareness training for school resource officers.

SB 6 was initially put forward Jan. 3 by Sen. Mike Wilson, R-Bowling Green, the chamber's majority whip. He's been joined in the Senate by co-sponsors Donald Douglas (R-Nicholasville), Stephen Meredith (R-Leitchfield), Robby Mills (R-Henderson), Damon Thayer (R-Georgetown, the majority floor leader), Lindsey Tichenor (R-Smithfield), Phillip Wheeler (R-Pikeville) and Max Wise (R-Campbellsville). It'll be taken up by the Senate Education Committee.

SB 93 was introduced Monday by Meredith, with co-sponsors Douglas and Tichenor along with Sen. Gary Boswell, R-Owensboro.

The Kentucky Department of Education said it is reviewing SB 93 and had no comment as of Tuesday morning.

Jefferson County Public Schools, Louisville's school district, said it opposes "any attempt to restrict and limit opportunities for our teachers and staff to provide a greater world view, greater sense of belonging, and more opportunities to succeed for our students, two-thirds of whom are students of color." The legislation also appears to bar programming and support for the district's nearly 17,000 multilingual students, JCPS said.

"JCPS has made great strides in reducing the achievement gap between students of color and their white peers," the district said in an emailed statement. "Much of that success is a result of our focus on programs, curriculum and culture that fosters 'diversity, equity, inclusion, and belonging' for ALL students. Passage of this bill threatens to undermine our efforts to provide relevant programs to ALL students, resulting in a widening of the achievement gap that we have worked so hard to reduce."

The University of Louisville said it's reviewing SB 6, meanwhile, while University of Kentucky leaders plan to "engage in discussions with legislators, policymakers and our campus."

"We are a campus steadfastly committed to ensuring that we are a place of belonging for everyone as well as a community dedicated to the fundamental academic value and principle of open inquiry and the free exchange of ideas," UK spokesperson Jay Blanton said Friday. "Those ideas are not only compatible, but essential, to who we are and what we do as Kentucky’s university.”

If SB 6 is passed into law in its current form, students and employees who file successful discrimination lawsuits could land between $1,000 and $100,000 in damages and costs.

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SB 6 says it would not stop universities from "promoting diversity, equity, and inclusion" as long as such efforts are consistent with its other requirements. It would also not prohibit training on responding to those "divisive concepts" as long as the response "does not endorse or advocate for divisive concepts."

In a release, Wilson said he filed the legislation because diversity, equity and inclusion measures — known as DEI — are discriminatory and should not be taken into consideration at public universities that use state funds.

“We’ve seen a trend in DEI policies in our public universities that attempt to divide instead of unite people in that microcosm of society,” he said. “Instead of promoting intellectual dialogue, individualism, the content of one’s character and merit-based practices, DEI has driven a wedge against those of us who want to see Kentucky achieve greater things.”

The two bills have drawn some concern, though, including from the ACLU of Kentucky, which criticized the state's Republicans for "prioritizing the cultural wars" in the General Assembly instead of addressing more pressing needs.

"Our commonwealth sits consistently near the bottom when it comes to incidents of child abuse, literacy rates, and student performance in the United States," said Amber Duke, executive director of the ACLU of Kentucky. "One wonders why lawmakers would strip public school teachers and school counselors of their ability to teach with a trauma-informed approach and promote diversity and inclusion in the classroom."

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Speaking last Wednesday before Gov. Andy Beshear's State of the Commonwealth address, Senate President Robert Stivers said he hadn't had discussions with House members about bills targeting DEI but any legislation would need a thorough review to ensure lawmakers "do things that don't hurt us in one way or another."

"We want to be measured in what we do," he said. "How that will eventually look is still up for debate."

In subsequent comments Tuesday morning, after the two bills were filed, Stivers told reporters state lawmakers working on DEI legislation will need to be sure they're not in violation of federal law and that he believes history needs to be taught accurately - but teaching students they should be "ashamed of yourself based on past history" is unhealthy.

"We have a dark history and it needs to be taught, those dark spots, whatever it is," he said. "But don't try to create friction over something that happened 100 years ago. But yes, we don't want to lose sight of our past because if we do, then we're subject to make the same mistakes again."

Reach Lucas Aulbach at laulbach@courier-journal.com.

This article originally appeared on Louisville Courier Journal: DEI at Kentucky public schools and universities targeted in GOP bills