Diversity, equity, and inclusion in higher education could see significant changes in the coming year.
The Kansas Board of Regents voted earlier this month to restrict DEI practices at the state's universities, as Democratic Gov. Laura Kelly considers what to do with anti-DEI legislation passed by the Republican-led Legislature.
Kansas State Legislature Passes Two Anti-DEI Bills
Lawmakers passed House Bill 2105, which prohibits higher education institutions from making hiring, application, or student aid decisions based on statements of support or opposition to DEI or “political ideologies or movements.”
The bill would not prevent universities from complying with anti-discrimination laws or infringing on the educational freedom of faculty members who conduct research on DEI. If your institution violates the law, you may be liable to pay up to $10,000 for each violation, with all investigation costs covered.
Additionally, lawmakers added an emergency response plan to the state budget.
They inserted a budget proviso into Senate Bill 28 requiring university presidents to appear before legislative leaders to ensure that universities comply with the bill's requirements. As part of this provision, $35.7 million in funding for higher education would be cut from the state budget if university leaders fail to do so.
However, if HB 2105 is enacted into law, the budget proviso to SB 28 would not apply.
Congress changed diversity policy as lawmakers targeted DEI
As Kelly considers what to do with both bills, the regents finalized their own actions on diversity, equity and inclusion.
Earlier this month, KBOR passed amendments to the Board's Policy Statement on Diversity and Multiculturalism. The Board's changes align its DEI policy with the legislative intent of HB 2105.
When KBOR voted on the amendment, board chairman John Rolfe said work has been going on for about a year and this vote only formalizes the policy. He also said it would be consistent with the state Legislature's plan.
“This is also a good faith effort on our part to listen to Congress just as Congress listens to the people,” Rolfe said. “This concern that they raised is not central to our practice of wanting our students to succeed and trying to fulfill the promises we make to people when we invite them to campus.”
KBOR may change its DEI policy again in the future, but now that HB 2105 has become law, the changes will be more permanent.
Governor Laura Kelly allows anti-DEI bill to pass
Kelly told reporters last week that she had HB 2105 and SB 28 on her desk awaiting action, but had not yet decided what to do with the DEI law.
“I've been paying a lot of attention to taxes lately,” Kelly said. “So, I haven't seen it, so I don't really know the details. No, I haven't seen it yet. So I'll have to look into it and see what impact it has. Sometimes those The bills, you know, they don't really do much and allow the university to continue to function the way it needs to continue to function.
“So we really need to look at how impactful this bill is going to be.”
And on Friday, Kelly allowed the bill to become law without his signature.
Professor Kelly said: “While I have concerns about this bill, I do not believe that the acts covered by this bill will occur at our universities.'' “We must move forward and focus on making college more affordable and giving students of all backgrounds the tools they need to succeed.
“I am focused on advancing policies that foster economic growth and develop tomorrow’s workforce, which is why I am allowing the bill to become law without my signature.”
Kelly has not yet taken action on the budget proposal, but he has until Thursday to do so, but if HB 2105 becomes law, it would repeal provisions stripping state universities of funding for DEI.
New state law impacts Washburn University
Although Washburn University is not technically a regent institution, if a state bill or budget proviso is enacted, Washburn University must comply or receive reduced funding from the state.
Because of the state's efforts to change DEI policies, Washburn University said it will comply with the state's requests.
“This bill includes all public institutions of higher education, including Washburn University and Washburn Polytechnic Institute,” the university said in a statement. “Washburn is committed to remaining compliant with Kansas law as we pursue our mission of creating educational pathways to success for all.”
A lively debate took place in the Kansas State Legislature.
On April 5, the Senate approved the bill 28-11 and the budget 26-12. The House passed the bill 81-40 and the budget 78-44.
There was an uproar in the House of Representatives during the April 5 debate on the bill and budget. Speaker Pro Tem, Rep. Blake Carpenter (R-Derby), repeatedly denounced the fraud while banging the gavel and even had to address the entire House about the fraud.
He directed representative bodies to exercise restraint as they hissed, groaned and groaned at speakers who were given the floor.
The budget proviso and bill were passed by the House of Representatives, but many speakers opposed the bill.
Rep. Mike Amix (D-Lawrence) said he does not support the bill because of its impact on DEI.
“I believe we just haven't improved this bill,” Amyx said. “In fact, we may be making post-secondary schools even more demanding.”
Rep. Susan Lewis (D-Shawnee) said she does not welcome funding being withheld if lawmakers and higher education leaders choose not to comply.
“I feel like I'm being threatened, like I'm being held hostage,” Lewis said. “If we don't pass this bill, they're going to cut $35 million. Is that what the bill is written in?”
Rep. Troy Waymaster, R-Bunker Hill, who is the sponsor of the budget, said the bill does not tell universities that DEI training and education cannot be used, but prevents them from requiring their employees to use DEI. He said that.
“I wanted to work responsibly and respect academic freedom and the First Amendment,” Waymaster said. “But the Senate took a different position and offered a budget proviso.”
Lewis said she appreciated his efforts to fulfill his responsibilities, but did not agree with his execution.
“This is a mess,” Lewis said. “I still feel like the House bill is being held hostage, but the other thing is, if it wasn't for his House bill, we wouldn't be in this position in the first place. So , we need to be careful about the bill.'' We're doing construction and we appreciate that our representatives want to do it in a responsible way, but it backfired on us.'' I feel like there is. ”
Rep. KC Ohebosim, D-Wichita, agreed with Lewis.
“With all due respect to this bill, I cannot support it at all,” Ohebosim said. “When it comes to abolishing DEI, I don't understand why we're doing it. As my colleague at Johnson County said, it's like we're holding the university hostage with money.”
Rep. Barbara Ballard, D-Lawrence, said it's important to emphasize that DEI is about diversity, equity, and inclusion because reducing it to an acronym can easily diminish its importance.
“There's diversity in this room,” Ballard said. “We all have diversity. We have big towns, we have small towns, we have all kinds of people. We have diversity. So I don't see what's wrong with diversity. If you put it all together in terms of diversity, equity, and inclusion, I don't see anything negative in that word.”
After multiple speakers came forward and asked questions of Waymaster, Waymaster refused to answer questions from Rep. Jason Probst (D-Hutchison).
Probst said this is a dangerous precedent being set on the floor.
“The floor is an opportunity for discussion and debate for the rest of us who haven't had the opportunity to hear the bill in committee,” he said. “So if you get away with not answering questions on the floor, you’re not actually having a good enough discussion.”