Bill filed in Kansas House that would place new DEI limits on state’s universities, including in the classroom

Bill would prohibit DEI concepts from being part of most degree programs

photo by: Chad Lawhorn/Journal-World

University of Kansas students on Sept. 17, 2024 protested a merger of several student offices related to diversity, gender, sexuality and other issues.

An idea from a conservative think tank to limit diversity, equity and inclusion topics inside the classrooms of KU and other state universities has made its way to the Kansas Legislature.

A trio of representatives has introduced a bill modeled after the Goldwater Institute’s Freedom from Indoctrination Act that aims to prohibit universities from requiring students to take any class that has a DEI component.

The Journal-World reported last month that officials with the Kansas Board of Regents were alerted that legislators were likely to introduce a piece of model legislation from the Goldwater Institute that has been dubbed the Freedom from Indoctrination Act.

As the 2026 Kansas legislative session opened on Monday, a bill that is largely the same as the Freedom from Indoctrination Act was filed in advance and is awaiting consideration in the Kansas House. The bill — HB 2428 — has been assigned to the House Education committee.

The bill directs the Kansas Board of Regents to ensure that the state’s public universities do not allow for any degree programs that would require a student to take a class that is deemed to have content related to diversity, equity, inclusion or critical race theory.

The one exception to the prohibition would be that degree programs that have a title that clearly is related to racial, ethnic or gender studies would be allowed to require courses that have DEI content.

The bill, which hasn’t yet been assigned a hearing date, quickly caught the eye of faculty senate leaders from across the state. Rochelle Rowley — faculty senate president at Emporia State and the current chair of the statewide Council of Faculty Senate Presidents that reports to the Regents — said the council recently began to discuss how the bill may impact classroom activities.

The bill states that it would not limit or restrict the academic freedom of professors, as the bill does not prohibit professors from teaching DEI concepts in their classes. However, if a professor does choose to teach a DEI concept, that class no longer could be a required course for most degree programs offered by the university.

Given that, a natural question is whether university administrators would approve such classes with DEI content, or whether they would instruct professors to teach in a way that ensures their classes could count towards degree requirements.

Rowley, when reached via email by the Journal-World, did not respond to that particular question, but said the bill has the attention of faculty senate leaders on the council, which includes KU, K-State, Wichita State, Emporia State, Fort Hays State and Pittsburg State.

“We are still navigating the many aspects of the bill and hope to gain clarity on the expectations if this bill were passed,” Rowley said via email.

photo by: John Hanna/Associated Press

This photo from Friday, April 12, 2024, shows the sign above the door to the Office of Diversity, Equity, Inclusion and Belonging inside the main administration building on the main University of Kansas campus in Lawrence, Kan. Republican lawmakers across the U.S. are seeking to restrict diversity initiatives on colleges campuses, arguing that they enforce a liberal orthodoxy.

The bill provides an extensive definition of what would be considered “DEI-CRT-related content,” and thus prohibited from degree-counting classes. Among the topics that would lead to the DEI-CRT label are: whiteness; systemic racism; institutional racism; microaggressions; systemic bias; gender identity; social justice; race-based reparations; and gender-based equity.

The bill also says a class would be subject to being labeled DEI related if it includes content that promotes the idea that “racially neutral or colorblind laws, policies or institutions perpetuate oppression . . .”

The bill states that instructors of any class could continue to teach about historical events and movements that involved elements of race, hatred or discrimination. The bill specifically highlights that it would not be a violation of the act for university classes to identify and discuss “slavery, Indian removal, the Holocaust, or Japanese-American internment.”

The bill also would limit what universities could require faculty members to do as it relates to DEI practices. Schools could not require or incentivize faculty members to participate in workshops or training related to DEI issues. Faculty members also couldn’t have their non-participation in DEI activities held against them in employee reviews or consideration for tenure.

In addition to limiting DEI topics in university classrooms, the proposed act also would require universities to teach every student certain topics. Beginning with the 2027-2028 school year, the general education requirements of the state’s universities “shall include” the study of “American institutions.”

The bill creates a detailed definition of what such a course must include. Such a course must teach the following:

• An “understanding and appreciation” of the U.S. Constitution and the role of “limited federal government,” the “dual sovereignty of the States,” separation of powers in the federal system, and the network of checks and balances that exist in the Constitution.

• The concept of equal protection under the law and freedom of speech also must be taught, and the course should discuss landmark supreme court cases that have “shaped law and society.”

• The course must include “significant use” of founding documents, including the Constitution, the Declaration of Independence and the Federalist Papers.

The bill also would require universities to take certain steps outside of the classroom, specifically mandating certain topics be discussed during freshmen orientation programs. If approved, the bill would require that freshmen orientation programs include information about the texts of the First Amendment of the U.S. Constitution, and the use of resources “discussing the principles and importance of free speech and viewpoint diversity.”

The bill currently is listed to have three sponsors: Rep. Kristey Williams, R-Augusta; Susan Humphries, R-Wichita; and Rep. Bob Lewis, R-Garden City.

photo by: Chad Lawhorn/Journal-World

University of Kansas students on Sept. 17, 2024 protested a merger of several student offices related to diversity, gender, sexuality and other issues.