At the bottom of this story is a list of House Bill 4's effects.

Republican Rep. Jennifer Decker of Waddy’s bill to eliminate all diversity, equity and inclusion initiatives at public colleges is nearing final passage.

Students, professors and Kentucky Democrats spoke in opposition to the legislation during a Senate Committee on Monday, saying the consequences would ripple through public higher education to harm marginalized students and reverse decades of progress.

Decker told the committee DEI initiatives amount to “social engineering,” and that her legislation would root out “unconstitutional” behavior.

“If education is to be the great equalizer in our commonwealth, the opportunity to obtain a college degree in our state must be equal, equally available and affordable to all,” Decker said. “HB 4 would allow our universities and colleges to return their focus away from social engineering to providing Kentucky students with excellent academic construction in an environment that fosters critical thinking.”

Decker says DEI has increased costs for students and provided no rewards in return. She told the committee she believes the Supreme Court could rule that all DEI efforts are illegal based on her interpretation of the 2023 case Students for Fair Admissions v. Harvard.

Her priority legislation, co-sponsored by two dozen Republicans, would prevent colleges from using any resources on DEI initiatives, defined as a policy to “promote or provide differential treatment or benefits” based on a person’s religion, race, sex or national origin. It extends from employee hiring to student admissions and recruitment to student housing and scholarships. All university DEI offices and officers would have to close by June 30.

It passed on party lines in the Senate education committee. Just under half of the 20 speakers who signed up to speak in opposition to the legislation were able to testify — a significant increase compared to the four people allowed to speak at a House hearing last week.

HB 4 has already received two readings of the constitutionally required three on the Senate floor. That means the bill can receive a vote of the full Senate as early as tomorrow, which would be the last legislative hurdle before being enrolled and heading to the governor’s desk.

Democratic Floor Leader Sen. Gerald Neal from Louisville questioned Decker’s claim casting constitutional doubt on all diversity, equity and inclusion initiatives. He asked if any Kentucky courts had found the bill initiatives to be unconstitutional. When Decker did not name any, Neal said he doesn’t believe the initiatives were declared unconstitutional by the Supreme Court.

“There is no unconstitutionality that's been determined, and the Harvard case does not establish that,” Neal said. “It also applies to admissions, and really doesn't apply to what this bill is trying to get to.”

After arguing against Decker’s core premise, Neal presented his own committee substitute to replace Decker’s bill. It would have made many changes, including making sure program accreditations aren’t affected by the bill, but it failed in a voice vote.

Neal, who is Black, said the bill displayed “a lack of understanding what DEI is.” He said his substitute was designed to remove the legislation’s unintended consequences.

“I'm here to talk about the unintended consequences, because this bill has been defined so broadly… I want to make it very clear, I'm not a fan of this bill. I think it's unnecessary, and I have another thing to say about that, but I am concerned about these universities and what they do,” Neal said..

Before the hearing, Savannah Dowell, a University of Louisville student and campus gardens manager, told Kentucky Public Radio she hopes the Senate would be more interested in student and faculty voices and would consider ways to reduce the consequences of the legislation.

“There's just a lot of holes in the text as it exists right now,” Dowell said as she led a group of students and faculty into the committee room. “It seems as if we're more concerned with shoving this bill through — this fatally flawed bill through — at the very last second, rather than actually taking the time to see that it is direct, is clear, isn't vague, [and] carves out exceptions for things that would be harmed.”

Decker, the bill’s lead sponsor, proposed a similar bill last year, but it fell short of gaining final passage. The holdup appeared to be a disagreement between the two chambers. Dowell said she hoped that might mean senators could be more open to amending the legislation.

Bradley Price, a Black University of Louisville junior, told the committee she believes anti-DEI efforts pitch Black students against Appalachian students. She says DEI supports all of these students coexisting and learning from each other.

“For me, this has gifted me with the knowledge that we are much more alike than we are different,” Price said. “The passing of House Bill 4 will limit students' ability to learn about each other's communities and histories, and will continue to marginalize our already impoverished and marginalized state.”

Bernadette Barton, a sociology and gender studies professor at Morehead State University, said the university had already paused a Women in Art contest, in consideration of “evolving legislation.” She expects other programs and arts initiatives would be affected.

“The bill introduces a slippery slope. Universities are a big tent. We serve many people with different needs. We know best how to support success,” Barton said.

Decker says declining enrollment numbers at Kentucky colleges beginning in 2011 are evidence diversity initiatives have not worked, although she said she doesn’t attribute that decline directly to DEI.

However, the decline in enrollment since 2011 at public colleges is attributable to declines in the Kentucky Community & Technical College System — total enrollment at four-year universities actually increased between the 2011 and 2024-25 academic years by more than 800 students.

Democratic Sen. Reggie Thomas of Lexington said efforts over the last century to increase diversity have turned the University of Kentucky into a diverse center of education. But he also said many colleges have seen a decrease in Black enrollment in recent years. He expects the same to continue if HB 4 passes.

“Despite the shameful actions that are going to be taken by this legislation, as has been said earlier, we are not going to retrench,” Thomas said. “We are not going to go back and whatever happens, we will push for a better day and a better tomorrow.”

GOP Sen. Gex Williams from Verona said the state didn’t need more college degrees. He said they need more “workers” to deal with the state’s housing shortage.

“Quite frankly, we have forgot the working man, and that is who has built this society,” Williams said.

Higher education anti-DEI lobbyist Michael Frazier was notably absent from the hearing. He said he is not supporting the legislation as a lobbyist, though Frazier sat at the table with Decker to present the bill both at the House committee and at last year’s hearings on similar anti-DEI legislation.

His absence follows a motion on the House floor last week, where Democratic leadership called a point of order, accusing Decker of communicating with lobbyists while on the House floor presenting her bill. GOP House Speaker David Osborne ruled the accusation had no grounding.

Here's what in HB 4

House Bill 4 is a large bill that includes a number of provisions that touch on nearly every element of higher education in an attempt to root out efforts to diversify higher education and improve inclusivity and equity at colleges and universities. Here are the majority of those initiatives:

• Defines diversity, equity and inclusion (DEI) as a policy or practice that provides differential treatment based on a person’s sex, race, religion or national origin. Some exclusions include federal Title IX on sex-based discrimination, court orders, the Americans with Disabilities Act and student resource centers
• Defines “indoctrinate” as imbuing an opinion or principle without considering alternative viewpoints
• Defines “discriminatory concepts” as those that justify or promote differential treatment or benefits based on religion, race, sex, color, or national origin, with some exceptions — for example, discrimination based on citizenship status would still be allowed

• Bans affirmative action in college admissions or hiring
• Bans scholarship criteria or eligibility or student housing assignments based on a person's religion, race, sex, etc. (except to maintain separate sex-segregated living spaces). Has some provisions to allow existing scholarships to run their course
• Bans prioritizing contracts based on race, sex, national origin, etc. except if the preference is for a Kentucky or U.S. business
• Bans bias incident investigations unless the incident amounts to “student-on-student harassment” or is required under state law
• Cannot establish a DEI office, employ a DEI officer or provide any DEI training
• Cannot solicit or consider or compel a statement on experience with religion, race, sex, etc. — unless unsolicited in admissions or scholarship 
• Bans required courses where the main purpose is to “indoctrinate” students with a “discriminatory concept”
• Cannot require or incentivize DEI training and must eliminate all trainings by June 30, 2025
• Says that nothing shall be construed to affect grant funding, academic freedom, course content, activities of student-led organizations, library materials, etc.

• Must be in compliance with all of the above by June 30, 2025 and submit annual certification by July 1, 2026
• The attorney general may bring a civil suit. The auditor may investigate and withhold funding increases if institutions do not comply within 180 days of the auditor’s findings
• Requires institutions adopt a “policy on viewpoint neutrality” 
• Requires colleges implement annual intellectual freedom and viewpoint diversity survey until June 30, 2031
• Council for Postsecondary Education cannot approve and must eliminate any degree or certificate program that requires courses or training designed to “indoctrinate participants with a discriminatory concept”
• Licensing authorities can’t require DEI training for initial or renewed licenses and lack of such training can’t be used as justification for disciplinary action
• Each university president has to submit a report to the Legislative Research Commission with a detailed description of how they are complying with the bill and how they are getting faculty with diverse perspectives and fostering free exchange of ideas on campus — this report must be publicly posted for at least a year.

State government and politics reporting is supported in part by the Corporation for Public Broadcasting.