Kansas lawmakers in Topeka are following the lead of fellow Republicans in other states by attempting to limit diversity, equity, and inclusion initiatives on college campuses. However, they have taken a unique approach by crafting their proposals in a way that allows them to avoid reaching a consensus on how to specifically define DEI.
The Kansas House was set to vote on Thursday on a bill that seeks to prohibit universities, community colleges, and technical colleges from considering any statement or pledge related to diversity, equity, or inclusion when making decisions about student admissions or employee hiring and promotions. Although the bill specifically mentions those terms, it also states that universities cannot mandate a statement regarding any political ideology or movement.
The Senate approved a proposed $25 billion state budget a week before the vote, including a provision aimed at compelling universities to remove diversity, equity, and inclusion (DEI) requirements and mandatory training. To ensure compliance, $35.7 million would be withheld from the state’s six universities until they submit a report to Democratic Gov. Laura Kelly and the Republican-controlled Legislature’s leaders confirming their adherence to the provision.
During a House debate on Wednesday, state Rep. Steve Howe, the chair of a committee on higher education and a central Kansas Republican, expressed his concern about universities embracing ideologies that discriminate against those who do not conform to their orthodoxy.
The House is expected to approve its measure on Thursday, which will then be sent to the Senate. The budget provision opposing diversity, equity, and inclusion (DEI) will be discussed by negotiators from both chambers as they work on the final version of the annual budget.
The House bill establishes a streamlined procedure for addressing complaints related to diversity, equity, and inclusion (DEI) in universities. Under this process, universities are granted a reasonable period to rectify any disputed actions. However, the bill also empowers the attorney general to initiate civil lawsuits against universities and colleges in order to impose fines of up to $10,000.
According to a recent legislative audit, $45 million, which accounts for 1.6% of the annual spending of the six state universities, was allocated to DEI initiatives. However, it was observed that each university had its own unique definition of DEI. In addition to the traditional DEI initiatives like training and recruiting, the universities also included support for disadvantaged students through services such as food pantries, assistance for military veterans, and accommodations for disabled students.
However, neither of the Kansas measures provides a clear definition of DEI.
Democratic state Representative Tom Sawyer of Wichita expressed his hesitation in passing a bill that penalizes universities for actions that are not clearly defined. He emphasized that the terms “diversity, equity, and inclusion” hold positive connotations and should be treated as such.
Kansas House Speaker Dan Hawkins, a Republican from Wichita, expressed that the bill proposed by his chamber presents a straightforward assessment. The test revolves around determining if a university mandates ideological declarations from its students, job applicants, or employees. According to Hawkins, the test does not necessitate consensus on how to define DEI.
According to Hawkins, defining what exactly “everybody” means is a challenging task. He acknowledges that it is not easy to unite everyone under a single definition.
State Senator J.R. Claeys, a central Kansas Republican who authored the budget provision, expressed that the aim is to encourage higher education officials to cease the use of race-based criteria in their decision-making processes. This aligns with the U.S. Supreme Court’s ruling last year, which brought an end to affirmative action in universities.
According to Claeys, a budget negotiator in the Senate and an adviser to Republican state Attorney General Kris Kobach, the most effective approach to ensure compliance from universities is by leveraging funding as a threat.
In statehouses throughout the United States, lawmakers from both the Republican and Democratic parties have been promoting contrasting notions of fairness and opportunity in the realms of education and state workplaces.
Democratic lawmakers in over a dozen states are championing over 30 measures this year that aim to enhance the importance of diversity, equity, and inclusion. In response, Republican state lawmakers have introduced more than 60 measures aimed at prohibiting or limiting these efforts. An analysis by the Associated Press, utilizing the bill tracking software Plural, has revealed that five of these GOP bills have successfully passed.
Utah’s recent legislation has banned diversity, equity, and inclusion offices in government agencies, universities, and K-12 schools.
Indiana Governor, Eric Holcomb, who is a Republican, recently approved a bill that prohibits higher education institutions from factoring in declarations regarding diversity, equity, and inclusion when making decisions related to employment, benefits, or student admissions. The legislation also stipulates that any diversity initiatives implemented must encompass both cultural and intellectual diversity.
Republican lawmakers in Idaho and Wisconsin recently approved legislation that prohibits higher education institutions from making diversity statements a requirement for employment and admission decisions.
Democratic Governor Tony Evers is anticipated to veto the legislation in Wisconsin. As for Kansas, Governor Kelly has not yet expressed her stance on the GOP proposals. However, she did veto an anti-DEI provision that was part of the budget legislation last year.
Alabama lawmakers have passed a measure that would put a stop to state agencies, universities, and K-12 school systems sponsoring DEI programs. Additionally, this measure would also prohibit the enforcement of “divisive concepts” on students and employees. These concepts include white privilege, systemic discrimination, and the belief that merit-based systems are inherently racist or sexist.
The new Alabama law, which will be enforced starting on October 1, aims to prevent universities, K-12 school systems, and state agencies from endorsing DEI programs. According to the legislation, DEI programs are defined as classes, training sessions, programs, and events that require attendance based on an individual’s race, sex, gender identity, ethnicity, national origin, or sexual orientation.
The legislation that was passed by the Kentucky House this week contains similar language in its definition of “discriminatory” concepts. This means that state universities would be prohibited from using these concepts in their training programs or course requirements.
The higher education committee in the Kansas House grappled with the task of formulating a precise definition. Initially, Republican Rep. Clark Sanders, who represents central Kansas, had reservations about the absence of a clear definition. However, he eventually changed his stance.
“I might not be able to provide you with a precise explanation or a definitive definition, but I would recognize it immediately if I were to come across it,” he expressed.
