Summary of Original VersionCreate 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.
Summary of Amendment: House Committee Substitute 1Summary
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.
Summary of Amendment: House Committee Amendment 1 -- J. TiptonSummary
Make title amendment.
Summary of Amendment: House Floor Amendment 1 -- A. DonworthSummary
Retain original provisions except restrict the definition of "resource" to moneys appropriated by the General Assembly.
Summary of Amendment: House Floor Amendment 2 -- E. HancockSummary
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.
Summary of Amendment: House Floor Amendment 3 -- S. StalkerSummary
Retain all original provisions and specifically exclude faculty and staff sponsorship of student-led organizations from the prohibitions of Section 2 of this Act.
Summary of Amendment: House Floor Amendment 4 -- L. WillnerSummary
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,
Summary of Amendment: House Floor Amendment 5 -- J. WatkinsSummary
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.
Summary of Amendment: House Floor Amendment 6 -- G. Brown Jr.Summary
Retain all provisions except delete restrictions on bias incident investigations.
Summary of Amendment: House Floor Amendment 7 -- J. DeckerSummary
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.
Summary of Amendment: Senate Floor Amendment 1 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 2 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 3 -- G. NealSummary
Retain all provisions, except delete restrictions on bias incident investigations.
Summary of Amendment: Senate Floor Amendment 4 -- G. NealSummary
Retain all original provisions and specifically exclude faculty and staff sponsorship of student-led organizations from the prohibitions of Section 2 of this Act.
Summary of Amendment: Senate Floor Amendment 5 -- G. NealSummary
Retain original provisions, except restrict the definition of "resource" to moneys appropriated by the General Assembly.
Summary of Amendment: Senate Floor Amendment 6 -- G. NealSummary
Retain all provisions, except replace term "differential treatment or benefits" with "prejudicial treatment or benefits."
Summary of Amendment: Senate Floor Amendment 7 -- G. NealSummary
Delete all provisions; provide that a public postsecondary education institution shall not use a race-based admissions policy.
Summary of Amendment: Senate Floor Amendment 8 -- K. HerronSummary
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.
Summary of Amendment: Senate Floor Amendment 9 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 10 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 11 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 12 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 13 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 14 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 15 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 16 -- G. NealSummary
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.
Summary of Amendment: Senate Floor Amendment 17 -- G. WilliamsSummary
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.
Summary of Amendment: Senate Floor Amendment 18 -- G. WilliamsSummary
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.
Summary of Amendment: Senate Floor Amendment 19 -- S. WestSummary
Make title amendment.
Statutes affected: Introduced: 164.020, 164.011, 164.131, 164.321, 164.821
House Committee Substitute 1: 164.020, 164.011, 164.131, 164.321, 164.821, 335B.010
Current: 164.020, 164.011, 164.131, 164.321, 164.821, 335B.010
Acts Chapter 120: 164.020, 164.011, 164.131, 164.321, 164.821, 335B.010