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Will universities' reforms head off anti-DEI legislation? A leading KY Republican hopes the General Assembly takes action in 2025

FILE - The sign above the door to the Office of Diversity, Equity, Inclusion and Belonging inside the main administration building on the main University of Kansas campus is seen on Friday, April 12, 2024, in Lawrence, Kan. A conservative quest to limit diversity, equity and inclusion initiatives is gaining momentum in state capitals and college governing boards, with officials in about one-third of the states now taking some sort of action against it. (AP Photo/John Hanna, File)
John Hanna/AP
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AP
FILE - The sign above the door to the Office of Diversity, Equity, Inclusion and Belonging inside the main administration building on the main University of Kansas campus is seen on Friday, April 12, 2024, in Lawrence, Kan. A conservative quest to limit diversity, equity and inclusion initiatives is gaining momentum in state capitals and college governing boards, with officials in about one-third of the states now taking some sort of action against it. (AP Photo/John Hanna, File)

Kentucky lawmakers are expected to revive a debate over diversity programs in the 2025 session. Universities in the state have scaled back language surrounding Diversity, Equity, and Inclusion ahead of any possible legislation, but it may not be enough to satisfy Republican lawmakers

The University of Kentucky and several other postsecondary institutions have disbanded DEI offices ahead of the anticipated legislation, but despite the reforms, Louisville Republican Rep. Jason Nemes says he hopes the General Assembly will take action on the controversial issue next year.

The House majority whip is careful to differentiate between what he sees as admirable programs to help historically disadvantaged groups and DEI programs he considers anti-Western civilization and "woke." He offered an example of the latter.

"My son goes to a university and he had to actually tell his pronouns before he could register for class. That's absolute garbage that needs to stop. That's not what Kentucky is. That's the kind of DEI things I'm talking about," he told WUKY Monday. "I'm not talking about helping groups that have traditionally been left behind like African-Americans, to a large extent, obviously. There's been been redlining. There have been legal requirements that have kept them behind. And so those kinds of programs are laudable, to help people have been left behind. But that's not what I talk about when I talk about DEI."

One of the failed DEI bills from this year would have barred public universities from spending "any resources" on DEI offices or initiatives. Whether a 2025 bill will mirror language from the 2024 bills or go further remains to be seen.

Opponents of a multifaceted higher education bill protest across the Ohio Statehouse in Columbus, Ohio, Wednesday, May 17, 2023. The bill, which cleared the Republican-dominated state Senate on Wednesday, 21-10, would severely limit diversity, equity and inclusion training at Ohio's public universities, prohibit faculty from striking and bar public universities from taking stances on "controversial" topics. It next goes to the House for consideration. (AP Photo/Samantha Hendrickson)
Samantha Hendrickson/AP
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AP
Opponents of a multifaceted higher education bill protest across the Ohio Statehouse in Columbus, Ohio, Wednesday, May 17, 2023. The bill, which cleared the Republican-dominated state Senate on Wednesday, 21-10, would severely limit diversity, equity and inclusion training at Ohio's public universities, prohibit faculty from striking and bar public universities from taking stances on "controversial" topics. It next goes to the House for consideration. (AP Photo/Samantha Hendrickson)

UNIVERSITY REFORMS

Kentucky university leaders testified in September about their efforts to reshape or eliminate elements of DEI programs from their schools.

Lawmakers had no shortage of questions about universities moves to dissolve DEI offices ahead of anticipated anti-DEI legislation in the coming year.

The University of Kentucky was the first to disband its office associated with DEI. Units previously in the Office for Institutional Diversity are being transitioned to other offices that support the entire institution, including a new unit called the Office for Community Relations.

UK says it will neither mandate diversity training centrally or at the college or unit level, nor place required diversity statements in hiring and application processes. The university will act as an "impartial facilitator" of "broad perspectives."

Watch Capilouto's full comments. They begin at 5:43.

In Tuesday's hearing, Rep. Steve Rawlings summarized frequently-voiced concerns on the right regarding DEI — and UK's plans.

"Diversity, equity, inclusion. People understand the value of that, but it's the things that are taught within that bubble — some examples like victim ideology, microaggressions, intersectionality, which includes white privilege, toxic masculinity, and I could go on — there are so many things, so many accounts that are so disheartening to hear about," he said in the hearing's first question. "So my question is, since you're not eliminating any positions... will this just be a rebranding and re-shifting and moving to other programs and departments these kind of concepts?"

UK President Eli Capilouto responded that, in his discussions with employees working within DEI, he heard priorities that should apply to the entire institution. Some employees, he said, were not in agreement with descriptions like the one presented by Rawlings.

"And some were flabbergasted and offended to think that what they do was narrowly defined in accord with some of the things you said," the president answered, going on to add that, "Yes, we are refocusing and making clear that we're here to respond and serve everyone."

In an address to campus, Capilouto said the diversity the university wants to encourage should include viewpoint diversity, a frequently-discussed issue among critics of DEI who argue the programs are actively stifling free speech.

"People must trust that we are a place that welcomes all people and values the perspectives they bring to the table, whether Black, brown or white, straight or gay, progressive or conservative," Capilouto said.

University presidents have touted other measures — such as progress in graduation rates and meeting Kentucky's needs — and held to the commitment to make their schools welcoming to people of all backgrounds.

DEI BILLS

Bills from the House and Senate varied in degrees in 2024.

For example, the less expansive Senate Bill 6 would have prohibited universities from mandating employees or students agree to DEI statements or endorse more than a dozen concepts it describes as "discriminatory."

Critics charged that the bill represented legislative overreach and micromanaged higher education. Lexington Democrat Reggie Thomas characterized the measure as a step backward and defended the idea of embracing difference.

"We should not and never as a country move to a colorblind society, but instead we should embrace all people of different colors, different origins, different languages, different sexes," Thomas said. "It is the richness of our diversity and our differences that what makes us strong."

The Senate sent the bill to the House on the same day a Foundation for a Healthy Kentucky survey of 625 registered Kentucky voters found that 71% believe businesses and institutions should have the authority to author their own DEI policies and training programs without government interference.

As for what's to come, Nemes said, "Last year, we had two different bills. I think, hopefully, we'll get on the same boat this year."

Josh James fell in love with college radio at Western Kentucky University's student station, New Rock 92 (now Revolution 91.7). After working as a DJ and program director, he knew he wanted to come home to Lexington and try his hand in public radio.