Millions in funding for Kansas higher education leveraged against DEI practices

Diversity, equity and inclusion in higher education could see serious changes in the coming academic year.

As Democratic Gov. Laura Kelly weighed what to do with anti-DEI legislation passed by the Republican-led Legislature, the Kansas Board of Regents voted earlier this month to limit DEI practices at state universities.

Kansas lawmakers passed two anti-DEI bills

Lawmakers passed House Bill 2105, which prohibits postsecondary institutions from making hiring, application or student aid decisions based on support or opposition statements about DEI or "any political ideology or movement."

The bill doesn't prevent universities from upholding anti-discrimination laws or infringe on the educational freedoms of faculty to conduct research on DEI. If an institution violates the law, they will owe up to $10,000 per violation and will pay all the investigation fees.

Additionally, lawmakers added a contingency plan to the state budget.

They inserted a budget proviso into Senate Bill 28 that would require university presidents to stand before legislative leaders, confirming their universities will uphold the requirements of the bill. As part of the provision, if university leaders failed to do so, $35.7 million in funding would be cut from the state budget for higher education.

But, the budget proviso in SB 28 wouldn't apply if the legislation in HB 2105 became law.

Regents changed diversity policy as lawmakers targeted DEI

As Kelly weighed what to do with both pieces of legislation, the Regents finalized its own action on diversity, equity and inclusion.

KBOR voted earlier this month to implement an amendment to the board policy statement on diversity and multiculturalism. The board's change aligns its DEI policy with the legislative intent in HB 2105.

When KBOR voted on the amendment, board chair Jon Rolph said work had been going on for the last year or so and taking this vote would simply formalize the policy. He also said it would be congruent with the state Legislature's plans.

"This is, again, our good faith effort in trying to listen to the Legislature as they listen to the people," Rolph said. "This concern they brought up is not something central to our practices around wanting student success and trying to fulfill our promises to people when we invite them onto our campuses."

While KBOR could change its policy on DEI again in the future, the change will now be more permanent because HB 2105 is now law.

Gov. Laura Kelly allowed anti-DEI bill to become law

While HB 2105 and SB 28 were on her desk awaiting her action, Kelly told reporters last week that she hadn't decided what to do on the DEI legislation.

"I have been focused a lot on taxes lately," Kelly said. "So, I haven't looked at it and I really don't know the details. No, I haven't seen that one yet, so, I'll have to look and see the ramifications of it. Sometimes those bills, you know, they really don't do much and the universities can continue to function the way they need to function.

"So, I need to take a real good look at how impactful that bill is."

Then on Friday, Kelly allowed the bill to become law without her signature.

"While I have concerns about this legislation, I don't believe that the conduct targeted in this legislation occurs in our universities," Kelly said. "We need to move forward and focus our efforts on making college more affordable and providing students from all backgrounds with the tools they need to succeed.

"I am focused on advancing policies that drive economic growth and develop tomorrow's workforce. For that reason, I will allow the bill to become law without my signature."

Kelly hasn't acted on the budget bill — she has until Thursday to do so — but HB 2105 becoming law should negate the provisions that would strip funding from state universities because of DEI.

New state law will affect Washburn University

While Washburn University isn't technically a Regents institution, if the state bill or budget proviso are enacted, Washburn will be required to comply or receive less funding from the state.

Because of the state's efforts to change DEI policies, Washburn University has stated it would comply with the state's requests.

"This bill includes all public postsecondary educational institutions which includes Washburn University and Washburn Tech," the university said in a statement. "Washburn works diligently to remain in compliance with Kansas Law as we carry out our mission to create educational pathways to success for everyone."

Kansas Legislature had lively debate

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.

The House was in a ruckus during the April 5 discussion of the bill and the budget. Speaker Pro Tem Rep. Blake Carpenter, R-Derby had to bang his gavel and call out misconduct multiple times and even addressed the entire House on its misconduct.

He told representative body to contain themselves because they were hissing, moaning and groaning at speakers who were given the floor.

While the budget proviso and bill passed in the House, many speakers held opposition to the bill.

Rep. Mike Amyx, D-Lawrence, said he wouldn't support the bill because of how it impacts DEI.

"I do believe that we are just not making this bill better," Amyx said. "In fact, we might be making it tougher on our post-secondary schools."

Rep Susan Ruiz, D-Shawnee, said she didn't appreciate having funding held back against them if legislators and higher education leaders chose not to comply.

"It feels like blackmail or like we are being held hostage or something," Ruiz said. "If we don't pass this bill, they're going to cut $35 million. Is that how the bill is written?"

The carrier of the budget bill, Rep. Troy Waymaster, R-Bunker Hill, said the legislation doesn't tell universities they can't use DEI training or teaching but prevents requiring staff from using DEI.

"I wanted to do something that was responsible and respected academic freedom and the first amendment," Waymaster said. "But the Senate took a different position and offered a budget proviso."

Ruiz said she appreciated his efforts to be responsible but doesn't agree with his execution.

"This is a mess," Ruiz said. "It still feels like the House Bill is being held hostage but the other thing is, if we didn't have his House bill, we wouldn't be in this position in the first place. So, we need to be careful about bills we construct and I appreciate the representative wanting to do it in a responsible way, but it feels like it's backfired on us."

Rep. KC Ohaebosim, D-Wichita, agreed with Ruiz.

"With respect for this bill, I cannot support it at all," Ohaebosim said. "Eliminating DEI, I don't understand why we are doing it. Kind of like my colleague from Johnson County said, looks like we are holding universities hostage with money."

Rep. Barbara Ballard, D-Lawrence, said it's important to emphasis DEI is diversity, equity and inclusion because people find it easier to undermine its importance when minimizing it to an acronym.

"Diversity is what is in this room," Ballard said. "We are all diverse. Big towns, small towns and all kinds of things. We are diverse. So, I cannot see what is wrong with diverse. So, if we would put it all together in terms of diversity, equity and inclusion, I cannot see anything negative about those words."

After multiple speakers came forward asking questions to Waymaster, he refused to answer questions for Rep. Jason Probst, D-Hutchison.

Probst said this is a dangerous precedent to set in the chamber.

"The floor is an opportunity to have a discussion and a debate for the rest of us who haven't had a chance to hear a bill in committee," he said. "So, if we're going to get into the business of not answering questions on the floor, we're not actually having a full debate."

This article originally appeared on Topeka Capital-Journal: Millions in funding for Kansas higher education leveraged against DEI