K-12 ban on diversity initiatives filed in Kentucky Legislature

A bill seeking to outlaw instruction in Kentucky’s public K-12 schools that advocates for “diversity, equity, inclusion and belonging” was filed Monday by a Republican lawmaker.

Senate Bill 93 from Sen. Stephen Meredith, R-Leitchfield, would prohibit public school districts, public schools and charter schools from promoting, supporting or maintaining any “programs, trainings or activities that advocate for diversity, equity, inclusion and belonging, or promote or engage in political or social activism.”

The bill’s classification of what’s considered “political or social activism” includes “any activity intended to achieve a desired result related to social issues,” and “social issues,” means “topics that polarize or divide society among political, ideological, moral or religious beliefs.”

Concepts that are considered endorsing “diversity, equity, inclusion and belonging” include teachings that “promote the position that a group’s or an individual’s action in inherently, unconsciously, or implicitly biased on the basis of race, color, sex, national origin, gender identity, or sexual orientation,” according to the bill’s language.

Other concepts barred under the bill include any program, policy or activity that “advantages or disadvantages an individual group on the basis of race, color, sex, national origin, gender identity, or sexual orientation to equalize or increase outcomes, participation, or representation as compared to other individual groups.”

Meredith did not immediately respond to a request for comment Monday night.

A handful of states with Republican majorities have passed DEI bills in recent years, but nearly all are aimed at higher education settings, not K-12 schools.

Meredith’s is the second bill in as many weeks filed by Kentucky Republicans that seek to limit diversity, equity and inclusion, or DEI, curriculum and policy in public education settings across the commonwealth. Senate Bill 6, filed last week by Sen. Mike Wilson, R-Bowling Green, proposes outlawing campus initiatives, policy and curriculum that promotes “divisive concepts.”

Such concepts outlawed under Wilson’s bill include “race or sex scapegoating,” a belief that some individuals are “inherently privileged,” or any teachings that suggests all “Americans are not created equal,” or endorses a “violent overthrow of the U.S. government.”

Meredith’s bill, like Wilson’s, also appears to seek to ban what are often referred to as diversity statements from students or staff, which is when an individual is asked to write a letter or sign a statement affirming their belief and work toward a diverse, equitable and inclusive environment.

Meredith’s bill would also eliminate statutory language requiring that school counselors and school-based mental health service providers take a “trauma-informed approach” when serving students, and that local school boards “develop a plan for implementing a trauma-informed approach in schools.”

It would also nix the requirement that school counselors create “trauma-informed teams,” which serve to identify and assist students whose learning, behavior and relationships have been impacted by trauma.

In current state statute, a trauma-informed approach includes any practice a school takes to “foster a safe, stable and understanding learning environment for all students and staff, and ensuring that all students are known well by at least one adult in the school setting.”

Course curriculum for school resource officers would also no longer include “trauma-informed training,” or “diversity awareness and bias training,” under Meredith’s bill.

In response to Monday’s filing, American Civil Liberties Union of Kentucky Executive Director Amber Duke criticized the party in power for prioritizing culture wars over among the myriad other challenges facing Kentuckians.

“The provisions in SB 6 and SB 93 are not new. We’ve seen them filed in other states as part of an anti-Black, anti-brown, anti-LGBTQ backlash to efforts to ensure all students have educational opportunities,” Duke said.

While SB 6 “focuses its sights on our college campuses, newly filed SB 93 seeks to remove any training or efforts focused on diversity, equity, inclusion and belonging from our primary schools, (and) also seeks to remove any language related to a trauma-informed approach in Kentucky K-12 schools,” she said.

“One wonders why lawmakers would strip public school teachers and school counselors of their ability to teach with a trauma-informed approach and promote diversity and inclusion in the classroom,” Duke added.

“Once again, the only ‘divisive concepts’ in the commonwealth are those being promoted by the Kentucky General Assembly.”

Josh Shoulta, spokesperson for KSBA (the Kentucky School Boards Association), said If the intended objective of SB 93 is, in part, to prohibit potential discrimination, it should be noted that existing local, state and federal policies to which schools must adhere already clearly prohibit discrimination or preferential treatment on the basis of race, color, religion, sex, national origin, disability and religion.

“As with any legislation that is so broadly prohibitive, KSBA will monitor the bill’s movement closely to determine just how much of an impact it will have on a district’s local decision-making abilities,” Shoulta said.

Jennifer Ginn, a spokesperson for the Kentucky Department of Education, said officials were reviewing the bill “but we have no comment at this time.”

Fayette County Public Schools did not immediately comment on the bill Monday night.

This story will be updated.