Diversity, equity and inclusion (DEI) initiatives at Kentucky’s public universities are under attack again, as House Bill 4 (HB 4) was filed on Wednesday.
The bill, which was sponsored by Republican lawmaker Rep. Jennifer Decker, would prevent universities from using any resources to maintain or establish DEI offices, programs, positions or training.
The bill reads, “An institution shall not… provide any differential treatment or benefits to an individual… on the basis of the individual’s religion, race, sex, color or national origin…”
This extends to a student’s university admission, scholarship eligibility, housing assignment and more.
In HB 4, a diversity, equity and inclusion office is defined as “a nonacademic office, division or other unit of an institution” that is responsible for promoting a discriminatory concept or providing a DEI training or initiative. This is regardless of if the office is officially named a “diversity, equity and inclusion office” or not. If HB 4 passes, these offices and initiatives would be eliminated.
In August 2024, Northern Kentucky University made headlines by dissolving its Office of Inclusive Excellence and eliminating the chief diversity officer position. The University of Kentucky made a similar move the week prior, disbanding its DEI offices.
Similar bills were introduced in the Kentucky Senate and House last year. The Senate’s bill sought to prohibit the endorsement of discriminatory concepts, such as the idea that an individual is inherently privileged based on their race or sex. The House’s bill was more broad and sought to dissolve DEI offices, prohibit mandatory DEI training and more. Decker was also the lead sponsor on last year’s House bill.
Ultimately, last year’s bills were never passed. No vote was held before the cut-off veto period.
It was expected, however, that the legislation would reappear.
At a Victor Talks held by the Student Government Association last March, Steely Library Associate Dean Dr. Danielle McDonald said the battle was just beginning.
“This is a long-term fight. This isn’t the end of it, it’s the beginning,” McDonald said on March 20, 2024.
A dozen states have enacted policies targeting DEI within higher education, according to The Chronicle of Higher Education. This includes neighboring states like Tennessee and Indiana. HB 4, however, extends beyond what has been enacted in those states.
If this year’s bill passes, every university must comply with the new standards by June 30, 2025.
If an institution does not comply with the law, it could be sued by Kentucky’s attorney general.
There are university initiatives that would not be affected by the passage of HB 4, including First Amendment rights, academic course content, freedom of expression by student newspapers, activities by student-led organizations, mental and physical health services and more.
Programs for military veterans, Pell Grant recipients, first-generation students, low-income students, nontraditional students, and students with “unique abilities” and transfers from Kentucky Community and Technical Colleges would all be unaffected by the passage of HB 4.
If the bill passes, beginning July 1, 2026, each institution would be required to submit an annual certification signed by the president or chief financial officer that no funds have been spent on DEI efforts.