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AN ACT relating to postsecondary institutions. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section, unless the context requires otherwise: 5
(a) "Divisive concept" means a concept that: 6
1. One (1) race or sex is inherently superior or inferior to another race 7
or sex; 8
2. An individual, by virtue of the individual's race or sex, is inherently 9
privileged, racist, sexist, or oppressive, whether consciously or 10
subconsciously; 11
3. An individual should be discriminated against or receive adverse 12
treatment because of the individual's race or sex; 13
4. An individual's moral character is determined by the individual's race 14
or sex; 15
5. An individual, by virtue of the individual's race or sex, bears 16
responsibility for actions committed in the past by other members of 17
the same race or sex; 18
6. An individual should feel discomfort, guilt, anguish, or another form 19
of psychological distress solely because of the individual's race or sex; 20
7. A meritocracy is inherently racist or sexist, or designed by a particular 21
race or sex to oppress another race or sex; 22
8. The Commonwealth of Kentucky or the United States of America is 23
fundamentally or irredeemably racist or sexist; 24
9. Promotes or advocates the violent overthrow of the United States 25
government; 26
10. Promotes division between, or resentment of, a race, sex, religion, 27 UNOFFICIAL COPY 24 RS BR 393
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creed, nonviolent political affiliation, social class, or class of people; 1
11. Ascribes character traits, values, moral or ethical codes, privileges, or 2
beliefs to a race or sex, or to an individual because of the individual's 3
race or sex; 4
12. The rule of law does not exist, but instead is a series of power 5
relationships and struggles among racial or other groups; 6
13. All Americans are not created equal and are not endowed by their 7
Creator with certain unalienable rights, including, life, liberty, and the 8
pursuit of happiness; 9
14. Governments should deny to any person within the government's 10
jurisdiction the equal protection of the law; 11
15. Includes race or sex stereotyping; or 12
16. Includes race or sex scapegoating; 13
(b) "Race or sex scapegoating" means assigning fault, blame, or bias to a race 14
or sex, or to members of a race or sex, because of their race or sex, and 15
includes any claim that, consciously or subconsciously, and by virtue of a 16
person's race or sex, members of a race are inherently racist or inclined to 17
oppress others, or that members of a sex are inherently sexist or inclined to 18
oppress others; 19
(c) "Race or sex stereotyping" means ascribing character traits, values, moral 20
or ethical codes, privileges, status, or beliefs to a race or sex, or to an 21
individual because of his or her race or sex; and 22
(d) "Training" includes non-credit classes, seminars, workshops, trainings, 23
and orientations. 24
(2) (a) A student or employee of a public postsecondary education institution or an 25
applicant for admission or employment at a public postsecondary education 26
institution shall not: 27 UNOFFICIAL COPY 24 RS BR 393
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1. Be penalized, discriminated against, or receive any adverse treatment 1
due to the individual's refusal to support, believe, endorse, embrace, 2
confess, act upon, or otherwise assent to one (1) or more divisive 3
concepts; or 4
2. Be required to endorse a specific ideology or political viewpoint to be 5
eligible for hiring, contract renewal, tenure, promotion, or graduation, 6
and institutions shall not ask the ideological or political viewpoint of a 7
student, job applicant, job candidate, employee, or candidate for 8
promotion or tenure. 9
(b) A public postsecondary education institution shall not solicit or require an 10
applicant for admission or employment to describe the applicant’s attitude 11
or actions in support of or in opposition to specific ideologies, beliefs, 12
affiliations, ideals, or principles. 13
(c) A public postsecondary education institution shall not: 14
1. Conduct any mandatory training of students or employees if the 15
training includes one (1) or more divisive concepts; 16
2. Use training programs or training materials for students or employees 17
if the program or material includes one (1) or more divisive concepts; 18
or 19
3. Use state-appropriated funds to incentivize, beyond payment of regular 20
salary or other regular compensation, a faculty member to incorporate 21
one (1) or more divisive concepts into academic curricula. 22
(3) (a) Any person aggrieved by a violation of any policy adopted or required to 23
have been adopted pursuant to subsection (2) of this section shall have a 24
cause of action against the public postsecondary education institution, or 25
any of its agents acting in their official capacities, for damages arising from 26
the violation, including reasonable attorney's fees and litigation costs. 27 UNOFFICIAL COPY 24 RS BR 393
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(b) A claim brought pursuant to this subsection may be asserted in any court of 1
competent jurisdiction within one (1) year of the date the cause of action 2
accrued. The cause of action shall be deemed to have accrued at the point in 3
time the violation ceases or is cured by the institution. 4
(c) Excluding reasonable attorney's fees and litigation costs, any prevailing 5
claimant shall be awarded no less than one thousand dollars ($1,000) but 6
no more than one hundred thousand dollars ($100,000) cumulatively per 7
action. If multiple claimants prevail and the damages awarded would 8
exceed one hundred thousand dollars ($100,000), the court shall divide one 9
hundred thousand dollars ($100,000) amongst all prevailing claimants 10
equally. 11
(d) Sovereign, governmental, and qualified immunity are waived for any claim 12
arising from a violation of subsection (2) of this section. 13
(4) If a public postsecondary education institution employs or contracts an individual 14
whose primary duties include diversity initiatives, then the individual's duties 15
shall include efforts to strengthen and increase intellectual diversity among the 16
students and faculty of the public postsecondary education institution at which 17
they are employed. 18
(5) Nothing in this section shall be interpreted to: 19
(a) Prohibit public postsecondary education institutions from training students 20
or employees on the nondiscrimination requirements of federal or state law; 21
(b) Infringe on the rights of freedom of speech protected by the First 22
Amendment to the United States Constitution or KRS 164.348; 23
(c) Infringe on the rights of academic freedom of faculty in public 24
postsecondary education institutions; 25
(d) Require an employee of a public postsecondary education institution to: 26
1. Violate any federal or state law, rule, or regulation; or 27 UNOFFICIAL COPY 24 RS BR 393
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2. Fail to comply with any applicable academic accreditation 1
requirement; 2
(e) Prohibit an individual providing training from responding to questions 3
regarding one (1) or more divisive concepts, so long as the response does 4
not endorse or advocate for divisive concepts; or 5
(f) Prohibit public postsecondary education institutions from promoting 6
diversity, equity, and inclusion, provided, that such efforts are consistent 7
with the provisions of this section. 8
Section 2. During the 2025 and 2027 academic years, each public 9
postsecondary education institution shall conduct a survey of the institution's students and 10
employees to assess the campus climate with regard to diversity of thought and the 11
respondents' comfort level in speaking freely on campus, regardless of political affiliation 12
or ideology. Each institution shall publish the results of the respective survey on a 13
publicly accessible webpage of the institution's website by July 1, 2025 and July 1, 2027. 14