Kentucky HB4

AN ACT relating to initiatives regarding diversity, equity, and inclusion.

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.

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