Topeka ? Gov. Kathleen Sebelius on Monday vetoed a legislative provision aimed at shutting down Kansas University’s human sexuality class taught by award-winning professor Dennis Dailey.

Without commenting on the course, Sebelius said in her prepared veto message that the Legislature had overstepped its powers by approving a measure that would “impinge on academic freedom in the state of Kansas.”

The provision was attached to the state budget bill in the form of a proviso by state Sen. Susan Wagle, R-Wichita. The Legislature could try to override Sebelius’ veto when it reconvenes April 30.

“She’s thrown it back in my ballpark,” Wagle said. “I want to see what my colleagues are hearing from their constituents. I want a chance to talk with them before I have a plan of action.”

Dailey, who has refused to talk to the media during the controversy, said he was “pleased” with Sebelius’ decision, but he declined further comment.

Many of his students have rallied to his side.

Jen Hein, a senior from Lawrence, said Dailey’s teachings had been taken out of context by Wagle. “This is somebody who has enriched our lives, not given us more inhibitions,” she said of Dailey.

Hein said she hoped lawmakers would try to learn more about the class before working to override Sebelius’ veto.

“I would say that if they wanted to understand the class, they should take the class. I would hope they would take into consideration and listen to those who they are trying to protect,” she said.

The issue exploded from the Kansas Senate floor to the national stage after Wagle accused Dailey of showing in class pornographic videos of men and women masturbating and of making vulgar remarks to female students. She also said that students were intimidated by Dailey, and she has since filed a formal complaint against the instructor.

KU officials, faculty and many Dailey students said Wagle’s informant was misconstruing comments and class work in the course titled “Human Sexuality in Everyday Life.” The course description carries a warning about the use of explicit visuals.

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In her veto message, Sebelius said, “In a democracy, academic freedom in higher education is essential.”

She said the Kansas Board of Regents, which is the governing body of state universities, had established procedures for handling complaints from students, parents and taxpayers who had questions about the content of a course.

“Following such policies will resolve concerns within the appropriate exercise of academic freedom,” Sebelius said.

Last week, the Regents had urged Sebelius to veto the provision, as did a group of KU students who met with Sebelius’ staff.

Wagle’s proviso would terminate funding to any university department that is determined to have used obscene materials in course work. The measure potentially had the effect of cutting $3.1 million in state aid to KU’s School of Welfare.

KU officials said they stood by Sebelius’ veto.

“The Board of Regents has made it clear that it has a policy in place to address this issue, and we will comply with it,” said Lynn Bretz, director of University Relations.

If Wagle pursues an override, she will need to pick up some votes to be successful.

The Senate approved the amendment, 24-13, with three members not voting. No vote on the specific amendment was made in the House. Twenty-seven votes are needed in the 40-member Senate and 84 votes in the 125-member House to override a gubernatorial veto.

Do you think the Kansas Legislature will try to override the governor’s veto of a budget amendment aimed at eliminating a sex education class at Kansas University? Yes. And I hope they succeed. The class should go. Yes — but I don’t agree with them. The governor was correct in vetoing it. No. The Legislature won’t deal with the matter any further. Undecided. ¢See the results »Note: This is not a scientific poll. The results reflect only the opinions of those who chose to participate.¢Related stories:KU Sex Class