Last Action | 03/11/25: passed over and retained in the Orders of the Day |
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Title | AN ACT relating to initiatives regarding diversity, equity, and inclusion. |
Bill Documents |
Current
Introduced |
Bill Request Number | 193 |
Sponsors | J. Decker, M. Lockett, S. Baker, E. Callaway, J. Calloway, D. Elliott, D. Fister, J. Gooch Jr., D. Hale, J. Hodgson, M. Imes, K. King, C. Lewis, C. Massaroni, S. McPherson, J. Nemes, M. Proctor, T. Roberts, N. Tate, J. Tipton, T. Truett, B. Wesley, M. Whitaker, R. White |
Summary of Original Version | 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 dedicated to discriminatory concepts; or disseminating or profiting from any research, work product, or material that promotes or justifies discriminatory concepts; prohibit a public postsecondary education institution from requiring any individual to endorse or condemn a specific ideology or viewpoint; 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, 2025; 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 limited damages arising from a violation of certain sections of this Act; waive sovereign and governmental immunity for the limited purpose of bringing this claim; 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 filed in accordance with this Act; require each public postsecondary education institution to provide the Personnel Cabinet and State Treasurer the name, job title, duty station, and salary or wages of each employee 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; amend KRS 164.011, 164.131, 164.321, and 164.821 to conform; direct the Council on Postsecondary Education to consider certain enumerated conditions 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. |
Index Headings of Original Version |
Treasurer - Public postsecondary education institutions, employee compensation, publication 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 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 |
Jump to Proposed Amendments |
House Committee Substitute 1 House Committee Amendment 1 House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 House Floor Amendment 7 Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 Senate Floor Amendment 6 Senate Floor Amendment 7 Senate Floor Amendment 8 Senate Floor Amendment 9 Senate Floor Amendment 10 Senate Floor Amendment 11 Senate Floor Amendment 12 Senate Floor Amendment 13 Senate Floor Amendment 14 Senate Floor Amendment 15 Senate Floor Amendment 16 Senate Floor Amendment 17 Senate Floor Amendment 18 Senate Floor Amendment 19 |
Votes | Vote History |
02/12/25 |
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02/14/25 |
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02/28/25 |
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03/04/25 |
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03/05/25 |
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03/06/25 |
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03/07/25 |
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03/11/25 |
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Amendment | House Committee Substitute 1 |
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Summary | Retain original provisions, except define an additional term; remove provisions allowing a cause of action by a qualified individual against the council or a public postsecondary education institution for a violation of certain sections; direct the Auditor of Public Accounts to conduct a compliance audit to determine whether an institution spent money in violation of this Act at least once every four years and set forth the procedure to cure or appeal a violation; create a new section of KRS 335B.020 to 335B.070 to prohibit a licensing authority from requiring diversity, equity, and inclusion trainings as a prerequisite to licensing or as grounds for discipline; provide that previous diversity, equity, and inclusion training requirements are void; amend KRS 335B.010 to define terms. |
Index Headings |
Education, Finance - Public postsecondary education, diversity, equity, and inclusion, private civil action, removal Education, Higher - Diversity, equity, and inclusion spending, periodic compliance audit Education, Higher - Public postsecondary education, diversity, equity, and inclusion, private civil action, removal Licensing - Diversity, equity, and inclusion, licensure requirement, prohibition Occupations and Professions - Diversity, equity, and inclusion, licensure requirement, prohibition Universities and Colleges - Diversity, equity, and inclusion spending, periodic compliance audit Universities and Colleges - Public postsecondary education, diversity, equity, and inclusion, private civil action, removal Auditor of Public Accounts - Diversity, equity, and inclusion spending, periodic compliance audit, frequency and appeals Civil Actions - Public postsecondary education, diversity, equity, and inclusion, private civil action, removal Claims - Public postsecondary education, diversity, equity, and inclusion, private civil action, removal Workforce - Diversity, equity, and inclusion spending, periodic compliance audit, frequency and appeals Workforce - Diversity, equity, and inclusion, licensure requirement, prohibition |
Amendment | House Committee Amendment 1 |
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Sponsor | J. Tipton |
Summary | Make title amendment. |
Index Headings | Title Amendments - HB 4 |
Amendment | House Floor Amendment 1 |
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Sponsor | A. Donworth |
Summary | Retain original provisions except restrict the definition of "resource" to moneys appropriated by the General Assembly. |
Index Headings |
Education, Finance - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations Education, Higher - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations Universities and Colleges - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations |
Amendment | House Floor Amendment 2 |
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Sponsor | E. Hancock |
Summary | Retain all original provisions except remove the requirements that each public postsecondary education institution provide the Personnel Cabinet and State Treasurer the name, job title, duty station, and salary or wages of each employee each month beginning January 1, 2025, and to post its itemized annual budget. |
Index Headings |
Education, Finance - Public postsecondary education institutions, employee compensation publication, removal Education, Higher - Public postsecondary education institutions, employee compensation publication, removal Public Officers and Employees - Public postsecondary education institutions, employee compensation publication, removal Public Salaries - Public postsecondary education institutions, employee compensation publication, removal State Employees - Public postsecondary education institutions, employee compensation publication, removal Treasurer - Public postsecondary education institutions, employee compensation publication, removal Universities and Colleges - Public postsecondary education institutions, employee compensation publication, removal |
Amendment | House Floor Amendment 3 |
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Sponsor | S. Stalker |
Summary | Retain all original provisions and specifically exclude faculty and staff sponsorship of student-led organizations from the prohibitions of Section 2 of this Act. |
Index Headings |
Education, Higher - Public postsecondary education, student-led organizations, faculty sponsorship, protections Universities and Colleges - Public postsecondary education, student-led organizations, faculty sponsorship, protections |
Amendment | House Floor Amendment 4 |
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Sponsor | L. Willner |
Summary | Retain all original provisions except remove the prohibition of a licensing authority from requiring diversity, equity, and inclusion trainings as a prerequisite to licensing or as grounds for discipline, |
Index Headings |
Licensing - Diversity, equity, and inclusion, licensure requirement, removal of prohibition Occupations and Professions - Diversity, equity, and inclusion, licensure requirement, removal of prohibition Workforce - Diversity, equity, and inclusion, licensure requirement, removal of prohibition |
Amendment | House Floor Amendment 5 |
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Sponsor | J. Watkins |
Summary | Retain all original provisions and provide that nothing in Section 2 of the Act shall be construed to apply to or affect scholarships not administered by an institution. |
Index Headings |
Education, Finance - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships Education, Higher - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships Universities and Colleges - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships |
Amendment | House Floor Amendment 6 |
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Sponsor | G. Brown Jr. |
Summary | Retain all provisions except delete restrictions on bias incident investigations. |
Index Headings |
Education, Higher - Bias incident investigations, permissibility Universities and Colleges - Bias incident investigations, permissibility |
Amendment | House Floor Amendment 7 |
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Sponsor | J. Decker |
Summary | Retain all original provisions, except remove the requirements that each public postsecondary education institution provide the Personnel Cabinet and State Treasurer with the name, job title, duty station, and salary or wages of each employee each month beginning January 1, 2025, and to post the institution's itemized annual budget; limit the Council on Postsecondary Education's approval restrictions on new programs to programs that include a course or training of which the primary purpose is to indoctrinate participants with a discriminatory concept. |
Index Headings |
Education, Finance - Public postsecondary education institutions, employee compensation publication, removal Education, Higher - Public postsecondary education institutions, employee compensation publication, removal Education, Higher - Council on Postsecondary Education, program approval restrictions, indoctrination Public Officers and Employees - Public postsecondary education institutions, employee compensation publication, removal Public Salaries - Public postsecondary education institutions, employee compensation publication, removal State Agencies - Council on Postsecondary Education, program approval restrictions, indoctrination State Employees - Public postsecondary education institutions, employee compensation publication, removal Treasurer - Public postsecondary education institutions, employee compensation publication, removal Universities and Colleges - Public postsecondary education institutions, employee compensation publication, removal Universities and Colleges - Council on Postsecondary Education, program approval restrictions, indoctrination |
Amendment | Senate Floor Amendment 1 |
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Sponsor | G. Neal |
Summary | Retain all original provisions, except remove the prohibition of a licensing authority from requiring diversity, equity, and inclusion trainings as a prerequisite to licensing or as grounds for discipline. |
Index Headings |
Licensing - Diversity, equity, and inclusion, licensure requirement, removal of prohibition Occupations and Professions - Diversity, equity, and inclusion, licensure requirement, removal of prohibition Workforce - Diversity, equity, and inclusion, licensure requirement, removal of prohibition |
Amendment | Senate Floor Amendment 2 |
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Sponsor | G. Neal |
Summary | Retain all original provisions and provide that nothing in Section 2 of the Act shall be construed to apply to or affect scholarships not administered by an institution. |
Index Headings |
Education, Finance - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships Education, Higher - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships Universities and Colleges - Diversity, equity, and inclusion prohibitions, exclude unaffiliated scholarships |
Amendment | Senate Floor Amendment 3 |
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Sponsor | G. Neal |
Summary | Retain all provisions, except delete restrictions on bias incident investigations. |
Index Headings |
Education, Higher - Bias incident investigations, permissibility Universities and Colleges - Bias incident investigations, permissibility |
Amendment | Senate Floor Amendment 4 |
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Sponsor | G. Neal |
Summary | Retain all original provisions and specifically exclude faculty and staff sponsorship of student-led organizations from the prohibitions of Section 2 of this Act. |
Index Headings |
Education, Higher - Public postsecondary education, student-led organizations, faculty sponsorship, protections Universities and Colleges - Public postsecondary education, student-led organizations, faculty sponsorship, protections |
Amendment | Senate Floor Amendment 5 |
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Sponsor | G. Neal |
Summary | Retain original provisions, except restrict the definition of "resource" to moneys appropriated by the General Assembly. |
Index Headings |
Education, Finance - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations Education, Higher - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations Universities and Colleges - Diversity, equity, and inclusion prohibitions, restriction of resource use, limit to appropriations |
Amendment | Senate Floor Amendment 6 |
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Sponsor | G. Neal |
Summary | Retain all provisions, except replace term "differential treatment or benefits" with "prejudicial treatment or benefits." |
Index Headings |
Education, Higher - Diversity, equity, and inclusion initiatives, prejudicial treatment or benefits Universities and Colleges - Diversity, equity, and inclusion initiatives, prejudicial treatment or benefits Civil Rights - Diversity, equity, and inclusion initiatives, prejudicial treatment or benefits |
Amendment | Senate Floor Amendment 7 |
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Sponsor | G. Neal |
Summary | Delete all provisions; provide that a public postsecondary education institution shall not use a race-based admissions policy. |
Index Headings |
Education, Higher - Race-based admissions policies; prohibition Universities and Colleges - Race-based admissions policies; prohibition Civil Rights - Public postsecondary education institutions, race-based admissions policies; prohibition |
Amendment | Senate Floor Amendment 8 |
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Sponsor | K. Herron |
Summary | Retain original provisions, except include profession and county or region of residency among the list of characteristics that cannot be the basis of differential treatment or benefits throughout the bill. |
Index Headings |
Education, Higher - Diversity, equity, and inclusion prohibitions, profession and county of residence, inclusion Universities and Colleges - Diversity, equity, and inclusion prohibitions, profession and county of residence, inclusion |
Amendment | Senate Floor Amendment 9 |
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Sponsor | G. Neal |
Summary | Retain original provisions, except remove prohibitions related to soliciting or considering applicants statements related to experience with or views on religion, race, sex, color, or national origin. |
Index Headings |
Education, Higher - Diversity statements, permission to consider, prohibition to compel Universities and Colleges - Diversity statements, permission to consider, prohibition to compel Civil Rights - Diversity statements, permission to consider, prohibition to compel |
Amendment | Senate Floor Amendment 10 |
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Sponsor | G. Neal |
Summary | Maintain provisions related to providing differential treatment or benefits in the context of student admissions; delete all other provisions related to differential treatment or benefits in other contexts; retain all other provisions. |
Index Headings |
Education, Higher - Diversity, equity, and inclusion initiatives, student admissions, prohibition Universities and Colleges - Diversity, equity, and inclusion initiatives, student admissions, prohibition Civil Rights - Diversity, equity, and inclusion initiatives, student admissions, prohibition |
Amendment | Senate Floor Amendment 11 |
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Sponsor | G. Neal |
Summary | Retain original provisions; provide that nothing in Section 2 is to restrict public universities from collaborating with private sector partners, workforce development organizations, or community programs. |
Index Headings |
Education, Higher - Private sector partnerships, exclusion from scope of diversity, equity, and inclusion prohibitions Universities and Colleges - Private sector partnerships, exclusion from scope of diversity, equity, and inclusion prohibitions Civil Rights - Private sector partnerships, exclusion from scope of diversity, equity, and inclusion prohibitions |
Amendment | Senate Floor Amendment 12 |
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Sponsor | G. Neal |
Summary | Require that nothing in the Act is to prohibit programs designed to enhance student retention, mentorship, academic advising, or career development, provided these programs do not grant preferential treatment based on race. |
Index Headings |
Education, Higher - Public postsecondary education, diversity, equity, and inclusion, limitations Licensing - Public postsecondary education, diversity, equity, and inclusion, limitations Universities and Colleges - Public postsecondary education, diversity, equity, and inclusion, limitations Workforce - Public postsecondary education, diversity, equity, and inclusion, limitations Education, Finance - Public postsecondary education, diversity, equity, and inclusion, limitations |
Amendment | Senate Floor Amendment 13 |
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Sponsor | G. Neal |
Summary | Require that nothing in the Act is to be construed to permit discrimination or exclusion based on religion, including but not limited to policies, programs, or decisions that result in anti-Semitic actions; require public universities and K-12 institutions to ensure that all diversity, equity, and inclusion efforts, student success initiatives, and institutional policies remain inclusive and do not create a hostile environment for individuals based on religious identity. |
Index Headings |
Education, Finance - Public postsecondary education, diversity, equity, and inclusion, limitations Education, Higher - Public postsecondary education, diversity, equity, and inclusion, limitations Licensing - Public postsecondary education, diversity, equity, and inclusion, limitations Universities and Colleges - Public postsecondary education, diversity, equity, and inclusion, limitations Workforce - Public postsecondary education, diversity, equity, and inclusion, limitations |
Amendment | Senate Floor Amendment 14 |
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Sponsor | G. Neal |
Summary | Retain original provisions; require that nothing in Section 2 restricts faculty members’ academic freedom in curriculum development, professional development, research, or classroom discussions, provided such activities comply with existing federal and state nondiscrimination laws. |
Index Headings |
Education, Higher - Diversity, equity, and inclusion prohibitions, exclude academic freedom Universities and Colleges - Diversity, equity, and inclusion prohibitions, exclude academic freedom Civil Rights - Diversity, equity, and inclusion prohibitions, exclude academic freedom |
Amendment | Senate Floor Amendment 15 |
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Sponsor | G. Neal |
Summary | Retain original provisions; provide that nothing in Section 2 shall restrict the use of college affordability programs, scholarships, or grants based on socioeconomic status, first-generation college status, or other race-neutral criteria designed to increase access to higher education. |
Index Headings |
Education, Higher - Diversity, equity, and inclusion prohibitions, preserve college affordability programs Universities and Colleges - Diversity, equity, and inclusion prohibitions, preserve college affordability programs Civil Rights - Diversity, equity, and inclusion prohibitions, preserve college affordability programs |
Amendment | Senate Floor Amendment 16 |
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Sponsor | G. Neal |
Summary | Retain original provisions; require that institutions retain the right to collect and analyze demographic data for institutional research, accreditation, compliance with federal reporting requirements, and assessment of student outcomes, provided such data is not used as a factor in admissions decisions. |
Index Headings |
Education, Higher - Diversity, equity, and inclusion omnibus prohibitions, exclusion of data collection from scope Universities and Colleges - Diversity, equity, and inclusion omnibus prohibitions, exclusion of data collection from scope |
Amendment | Senate Floor Amendment 17 |
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Sponsor | G. Williams |
Summary | Retain all original provisions; add a penalty of 1% of all state-appropriated funds for an institution that is found by the State Auditor to have spent money in violation of Section 2 of this Act for 2 or more audits within a 10 year period. |
Index Headings |
Education, Finance - Public postsecondary audits of diversity, equity, and inclusion spending, penalty for second offense Education, Higher - Public postsecondary audits of diversity, equity, and inclusion spending, penalty for second offense Treasurer - Public postsecondary audits of diversity, equity, and inclusion spending, penalty for second offense Universities and Colleges - Public postsecondary audits of diversity, equity, and inclusion spending, penalty for second offense Auditor of Public Accounts - Public postsecondary audits of diversity, equity, and inclusion spending, penalty for second offense |
Amendment | Senate Floor Amendment 18 |
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Sponsor | G. Williams |
Summary | Retain all original provisions; 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 limited damages arising from a violation of certain sections of this Act; waive sovereign and governmental immunity for the limited purpose of bringing this claim; prohibit retaliation. |
Index Headings |
Education, Higher - Public postsecondary education, use of resources on diversity, equity, and inclusion, civil action Universities and Colleges - Public postsecondary education, use of resources on diversity, equity, and inclusion, civil action Claims - Public postsecondary education, use of resources on diversity, equity, and inclusion, civil action |
Amendment | Senate Floor Amendment 19 |
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Sponsor | S. West |
Summary | Make title amendment. |
Index Headings | Title Amendments - HB 4 |
Last updated: 3/11/2025 9:25 PM (EDT)