Kentucky
General Assembly

01/02/24	introduced in Senate to Committee on Committees (S)
01/03/24	to Education (S)
02/08/24	reported favorably, 1st reading, to Calendar with Committee Substitute (1)
02/09/24	2nd reading, to Rules floor amendment (1) filed to Committee Substitute
02/12/24	posted for passage in the Regular Orders of the Day for Tuesday, February 13, 2024
02/13/24	3rd reading Floor Amendment (1) defeated passed 26-7 with Committee Substitute (1)
02/14/24	received in House to Committee on Committees (H)
03/07/24	to Education (H)
03/12/24	taken from Education (H) 1st reading returned to Education (H)
03/13/24	taken from Education (H) 2nd reading returned to Education (H)
03/14/24	reported favorably, to Rules with Committee Substitute (1) floor amendments (1), (2), (3), (4), (5), (6), (7) and (8) filed to Committee Substitute taken from Rules placed in the Orders of the Day
03/15/24	floor amendment (9) filed to Committee Substitute 3rd reading floor amendments (1) (2) (3) (4) (5) (6) (7) and (8) defeated passed 68-18 with Committee Substitute (1) received in Senate to Rules (S)
04/12/24	posted for passage for concurrence in House Committee Substitute (1)

Amendment	Senate Committee Substitute 1
Summary	Retain original provisions, except change the term divisive concepts to discriminatory concepts; prohibit a public postsecondary education institution from providing preferential or prejudicial consideration or treatment to an individual on the basis of the individual's actual or perceived political or social ideology; prohibit a public postsecondary education institution from requiring a course that presents a discriminatory concepts as fact or otherwise advocates for any individual to assent to or support a discriminatory concepts as a prerequisite, program requirement, or general education course; establish requirements for new student orientation programs; require atleast 50% of diversity initiative employees' duties to be allocated to mentoring and providing academic coaching and related learning support activities necessary for the academic success of students who are eligible to receive a federal Pell grant; remove the private cause of action for a violation of this Act; authorize the Attorney General to bring a civil action for enforcement of this Act; create a new section of KRS Chapter 164 to require public postsecondary education institutions to publish designated course information to the institution's website; amend KRS 164.348 to conform.
Index Headings	Education, Higher - Public postsecondary education, discriminatory topics, prohibition of required courses promoting Education, Higher - Public postsecondary education, new student orientation, requirements Universities and Colleges - Public postsecondary education, discriminatory topics, prohibition of required courses promoting Universities and Colleges - Public postsecondary education, new student orientation, requirements Attorney General - Public postsecondary education, diversity, equity, and inclusion initiatives, civil action Civil Actions - Public postsecondary education, diversity, equity, and inclusion initiatives, civil action

Amendment	Senate Floor Amendment 1
Sponsor	G. Neal
Summary	Retain all original provisions except require the Council on Postsecondary Education (CPE) to develop new student orientation materials that contain designated items for institutions to distribute; amend the mandatory duties of a diversity, equity, and employee of a public postsecondary education institution; delete the authority of the Attorney General to enforce the Act and authorize CPE to promulgate administrative regulations to enforce this Act.
Index Headings	Education, Higher - Public postsecondary diversity, equity, and inclusion initiatives, restrictions, CPE enforcement Education, Higher - Public postsecondary education, new student orientation materials, CPE development Universities and Colleges - Public postsecondary diversity, equity, and inclusion initiatives, restrictions, CPE enforcement Universities and Colleges - Public postsecondary education, new student orientation materials, CPE development Attorney General - Public postsecondary diversity, equity, and inclusion initiatives, delete restriction enforcement Administrative Regulations and Proceedings - Council on Postsecondary Education, diversity, equity, and inclusion initiatives, restrictions

Amendment	House Committee Substitute 1
Summary	Delete original provisions; create new sections of KRS Chapter 164 to define terms; prohibit a public postsecondary education institution from providing differential treatment or benefits on the basis of an individual's religion, race, sex, color, or national origin; from influencing the composition of the student body or scholarship recipients on the basis of religion, race, sex, color, or national origin; from implementing a student housing assignment plan on the basis of religion, race, color, or national origin with designated exceptions; from expending any resources on diversity, equity, and inclusion, the promotion of discriminatory topics, or bias incident investigations; from soliciting statements on an applicant's experience with or views on religion, race, sex, color, or national origin; from requiring a course or training on diversity, equity, and inclusion or discriminatory concepts as a program requirement; or disseminating or profiting from any research, work product, or material that promotes or justifies discriminatory concepts of diversity, equity, and inclusion; establish exclusions; require each governing board of a public postsecondary education institution to amend the institution's policy on nondiscrimination to include a clause on ideological neutrality that prohibits institutional discrimination on the basis of an individual's political or social ideology; prohibit a public postsecondary education institution from requiring or encouraging any individual to endorse or condemn a specific political or social ideology or from providing preferential or prejudicial consideration or treatment to an individual on the basis of that individual's actual or perceived political or social ideology; prohibit the Council on Postsecondary Education from providing differential treatment or benefits on the basis of an individual's religion, race, sex, color, or national origin or from expending any resources on diversity, equity, and inclusion or discriminatory topics; establish exclusions for legal compliance; require each governing board of a public postsecondary education institution to ensure compliance with specific sections of this Act no later than June 30, 2024; authorize the Attorney General to bring an action for a writ of mandamus to compel the council or a public postsecondary education institution to comply; create a cause of action to permit a qualified individual to file a civil action against council or a public postsecondary education institution for injunctive relief and damages arising from a violation of this Act; waive sovereign and governmental immunity; prohibit retaliation; require each public postsecondary education institution to submit and publish a certified annual report on governmentally mandated discrimination to the Legislative Research Commission by October 1 each year; provide that a public postsecondary education institution or the council cannot claim a federal, state, judicial, contractual, or accreditation mandate as a defense to a civil action filed under this Act unless the policy, practice, or procedure upon which the complaint is founded is listed and clearly and accurately described in the public institution's annual report on governmentally mandated discrimination; require the council to develop and publish an annual assessment to evaluate intellectual freedom and viewpoint diversity at public postsecondary education institutions; require each institution to annually distribute the assessment to all students, faculty, and staff and publish the results; require each public postsecondary education institution to provide the Personnel Cabinet and State Treasurer the name, job title, duty station, and salary or wages each month beginning January 1, 2025, and to post its itemized annual budget; amend KRS 164.020 to prohibit the Council on Postsecondary Education from approving a degree, certificate, or diploma program that includes discriminatory concepts or diversity, equity, and inclusion iniatives; direct the Council on Postsecondary Education to consider certain enumeratedconditions when considering the elimination of an existing program; direct each public postsecondary education institution and the Council on Postsecondary Education to discontinue designated programs and follow designated procedures when implementing this Act; provide specific instructions for public postsecondary education institutions and the Council on Postsecondary Education to follow in implementing this Act; direct public postsecondary education institutions and the council to submit a report on implementation of this Act; require public postsecondary education institutions to submit a series of reports on historical employment data for diversity, equity, and inclusion employees; EMERGENCY.
Index Headings	Education, Finance - Public postsecondary education, diversity, equity and inclusion activities, penalties Education, Higher - Public postsecondary education institutions, employee compensation, publication Education, Higher - Public postsecondary education, diversity, equity and inclusion activities, omnibus prohibitions Education, Vocational - Public postsecondary education, diversity, equity and inclusion activities, omnibus prohibitions Effective Dates, Emergency - Public postsecondary education, diversity, equity, and inclusion activities, prohibition Effective Dates, Emergency - Public postsecondary institution, use of resources on diversity, equity, and inclusion, civil action Public Officers and Employees - Public postsecondary education institutions, employee compensation, publication Public Salaries - Public postsecondary education institutions, employee compensation, publication State Agencies - Council on Postsecondary Education, diversity, equity, and inclusion activities, prohibition State Agencies - Council on Postsecondary Education, diversity, equity, and inclusion initiatives, elimination State Agencies - Personnel Cabinet, public postsecondary institutions, employee compensation, publication State Employees - Public postsecondary education institutions, employee compensation, publication Universities and Colleges - Public postsecondary education, diversity, equity and inclusion activities, omnibus prohibitions Attorney General - Public postsecondary education, use of resources on diversity, equity, and inclusion, civil action Civil Actions - Public postsecondary institution, differential treatment or benefits on the basis of protected class Civil Actions - Public postsecondary institution, use of resources on diversity, equity, and inclusion, civil action Civil Rights - Public postsecondary education, diversity, equity and inclusion activities, prohibition Claims - Public postsecondary education, use of resources on diversity, equity, and inclusion, civil action Claims - Public postsecondary institution, differential treatment or benefits on the basis of protected class Reports Mandated - Public postsecondary education institutions, annual report on federally mandated discrimination

Amendment	House Floor Amendment 1
Sponsor	R. Roberts
Summary	Retain original provisions, except remove the waiver of sovereign and governmental immunity for any claim filed under this section.
Index Headings	Education, Higher - Public postsecondary institutions, diversity, equity, and inclusion actions, retain immunities Universities and Colleges - Public postsecondary institutions, diversity, equity, and inclusion actions, retain immunities Civil Actions - Public postsecondary institutions, diversity, equity, and inclusion actions, retain immunities Claims - Public postsecondary institutions, diversity, equity, and inclusion actions, retain immunities

Amendment	House Floor Amendment 2
Sponsor	R. Roberts
Summary	Retain all original provisions, except remove donations, endowments, grants, gifts, or any other source from the definition of “Resource."
Index Headings	Education, Finance - Postsecondary resources restricted with regard to DEI initiatives, exclude gifts and grants Education, Higher - Postsecondary resources restricted with regard to DEI initiatives, exclude gifts and grants Universities and Colleges - Postsecondary resources restricted with regard to DEI initiatives, exclude gifts and grants

Amendment	House Floor Amendment 3
Sponsor	C. Stevenson
Summary	Retain all original provisions; provide that a policy or practice that is required pursuant to National Collegiate Athletic Association Division I compliance standards shall be excluded from the definition of diversity, equity, and inclusion initiatives; provide that nothing in the bill shall impact compliance with National Collegiate Athletic Association Division I compliance standards.
Index Headings	Education, Higher - NCAA compliance standard requirements, exclude compliance measures from DEI prohibitions Universities and Colleges - NCAA compliance standard requirements, exclude compliance measures from DEI prohibitions

Amendment	House Floor Amendment 4
Sponsor	R. Roberts
Summary	Retain original provisions, except remove any prohibitions that would relate to financial assistance or scholarships.
Index Headings	Education, Finance - College financial aid or scholarships, exclude diversity, equity, and inclusion restrictions Education, Higher - College financial aid or scholarships, exclude diversity, equity, and inclusion restrictions Universities and Colleges - College financial aid or scholarships, exclude diversity, equity, and inclusion restrictions

Amendment	House Floor Amendment 5
Sponsor	C. Aull
Summary	Retain all original provisions; provide that a policy or practice that is required pursuant to institutional or program accreditation standards shall be excluded from the definition of diversity, equity, and inclusion initiatives; provide that nothing in the bill shall impact program accreditations.
Index Headings	Education, Higher - Program and institutional accreditation standards, exclude compliance measures from DEI prohibitions Universities and Colleges - Program and institutional accreditation standards, exclude compliance measures from DEI prohibitions

Amendment	House Floor Amendment 6
Sponsor	R. Roberts
Summary	Retain original provisions, except remove the opportunity for qualified individuals to bring civil claims to seek enforcement of this Act.
Index Headings	Universities and Colleges - Postsecondary DEI prohibitions, civil action to enforce, remove private cause of action Civil Actions - Postsecondary DEI prohibitions, civil action to enforce, remove private cause of action Claims - Postsecondary DEI prohibitions, civil action to enforce, remove private cause of action Education, Higher - Postsecondary DEI prohibitions, civil action to enforce, remove private cause of action

Amendment	House Floor Amendment 7
Sponsor	R. Roberts
Summary	Retain original provisions, except remove prohibitions related to diversity, equirty, and inclusion offices and officers.
Index Headings	Education, Finance - Postsecondary DEI officer and officers, exclude from general DEI prohibitions Education, Higher - Postsecondary DEI officer and officers, exclude from general DEI prohibitions Universities and Colleges - Postsecondary DEI officer and officers, exclude from general DEI prohibitions Civil Rights - Diversity, equity, and inclusion officers and offices, postsecondary education, preserve

Amendment	House Floor Amendment 8
Sponsor	R. Roberts
Summary	Retain original provisions, except remove the any restrictions upon the Council on Postsecondary Education related to diversity, equity, and inclusion.
Index Headings	Education, Higher - Council on Postsecondary Education, DEI initiatives and offices, strike prohibitions State Agencies - Council on Postsecondary Education, DEI initiatives and offices, strike prohibitions Universities and Colleges - Council on Postsecondary Education, DEI initiatives and offices, strike prohibitions

Amendment	House Floor Amendment 9
Sponsor	J. Calloway
Summary	Retain original provisions , except amend KRS 164.092 to replace all references to "underrepresented minority students" in the performance based funding model for postsecondary education institutions with "underrepresented students"; define the term.
Index Headings	Education, Finance - Postsecondary education, performance based funding, underrepresented students, definition Education, Higher - Performance based funding, underrepresented students to replace underrepresented minority students Universities and Colleges - Performance based funding, underrepresented students to replace underrepresented minority students