Text of KY SB 6 (2024)

UNOFFICIAL COPY 24 RS BR 393 Page 1 of 5 XXXX 12/5/2023 12:51 PM Jacketed 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 Page 2 of 5 XXXX 12/5/2023 12:51 PM Jacketed 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 Page 3 of 5 XXXX 12/5/2023 12:51 PM Jacketed 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 Page 4 of 5 XXXX 12/5/2023 12:51 PM Jacketed (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 Page 5 of 5 XXXX 12/5/2023 12:51 PM Jacketed 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