Dive Update:
- The Kansas Board of Regents on Wednesday unanimously approved a definition of “DEI-CRT” to comply with a new state law barring public colleges in the state from requiring certain race-related coursework.
- The new policy defines diversity, equity and inclusion content as instruction that “intentionally establishes and promotes the preferential treatment of groups based on race, color, gender, ethnicity or national origin.”
- Critical race theory content is defined as that which “promotes acceptance” of the view that racism is systemic in society rather than presenting the theory as “a subject of scholarly, historical, or legal study.” The board explicitly excluded broader discussions of race, racism and civil rights history from the definition.
The background: In April, Kansas Gov. Laura Kelly signed legislation banning the state’s public colleges from requiring DEI-CRT courses. The measure, which lawmakers added to a budget bill, tasked the Kansas regents with developing a definition by July.
Kelly signed the measure even as the free speech group PEN America urged the governor, a Democrat, to use her line item veto power to kill it. The organization warned that the law could erect “significant barriers around the teaching of issues related to race and gender.”
The impact: The definition was created in consultation with leaders of the state’s public colleges.
University of Kansas Chancellor Douglas Girod said at Wednesday’s meeting that college leaders generally accept the definition but take issue with the word “promotes.”
He would have preferred the word “required,” he said, as “promotes” can be defined in several ways and could create problematic ambiguity for faculty in designing and teaching courses. "Anywhere there's ambiguity, there's real risk," he said.
Regent Peter Johnston said specifically excluding the general teaching of race, racism and history from the definition was “critical” to protecting the teaching of difficult topics. That item was added to the definition after the release of a draft policy in May.
What’s next? By the end of July, the board’s chief must certify to the legislature’s finance council that the board has adopted a compliant definition.
Programs “primarily focused on racial, ethnic or gender studies” can receive exemptions from the rule, according to the legislation. The policy is set to take effect in the 2028-29 academic year.
And Kansas isn’t alone. Iowa’s higher education board recently passed a policy mandating review for general education classes with “substantial” DEI and CRT content, though officials said the reviews aren’t designed to cut or alter courses.
