SB 26: Banning Diversity, Equity, and Inclusion in K-12 Schools

How does this legislation impact the wellbeing of Kentucky’s 660,000 public school students? 

Senate Bill 26 has two key negative impacts on Kentucky students. At a time when districts across the state - including Kentucky’s two biggest - are facing budgetary challenges, this bill would open those districts up to potentially frivolous lawsuits. The bill's overly ambiguous language when defining DEI programs, offices, and initiatives is reminiscent of the ambiguity of last session's SB 181, which is now under heavy revision during this session after months of chaos. Kentucky students are best served when public dollars are spent in classrooms not courtrooms. 

Decades of research from the National Institute of Health, OECD, and nearly every major national and international public health research institution has made clear the importance of diversity and equity in the classrooms. DEI bans in neighboring states like Ohio and Michigan have led to affinity clubs and groups being disbanded, cultural celebrations being canceled, and culturally responsible teaching being abandoned. These components of education can be crucial to cultivating student belonging.  

Student belonging is an essential piece of a healthy school climate, the link between school climate and student achievement is well established. Removing DEI programs from Kentucky schools risks undermining the wellbeing of students and the social-emotional climate in schools, thus harming student achievement and attendance. 

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Is this legislation in-line with the 7 capacities of a constitutionally adequate education as defined by the Kentucky Constitution? 

Capacity 4 and 5 of an adequate education as defined in Rose v. Council For Better Education decision read: (4) ​​Sufficient self-knowledge and knowledge of his or her mental and physical wellness; (5) Sufficient grounding in the arts to enable each student to appreciate his or her cultural and historical heritage

SB 26 is in-direct violation of Capacity 5 by placing limitations on the ability of schools to promote and empower students' cultural and historical identity. SB 26 is at risk of violating Capacity 4 by virtue of the impacts of anti-DEI legislation on school climate, and thus student wellbeing. 

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What is the broader impact of this legislation on Kentucky public schools, including on educators, parents, and other education stakeholders? 

SB 26 should be viewed as a piece of a larger effort by legislators in Kentucky to censor free discussion of controversial topics in Kentucky schools such as race, history, and culture. This not only harms our students by making them feel targeted because of their identity, but also by giving them an education system that is hindered by legislators’ ideological leanings. 

Kentucky businesses, and our communities writ-large, deserve young people that are being educated for the society they are going to live in, not the one the politicians in Frankfort want to create. In order for the next generation of Kentuckians to measure up to graduates across the country, we should be bolstering school climate and student belonging, not putting them in the line of fire. 

KSVT is proposing an amendment to the bill that would modify the portion of SB 26 that removes minority representation from SBDMs, by keeping the requirement and expanding the eligibility to minority students from the district.