(FRANKFORT, Ky.) — Kentucky’s 2026 Legislative Session has seen the introduction of Senate Bill 26, legislation that would eliminate Diversity, Equity, and Inclusion programs from the state’s K–12 public schools.
The bill, filed by Sen. Lindsey Tichenor (R-Smithfield), defines DEI as any “policy, practice, or procedure designed or implemented to promote or provide differential treatment or benefits to individuals on the basis of religion, race, sex, color, or national origin.”
What the Bill Would Do
If enacted, SB26 would prohibit Kentucky public schools from considering race, religion, sex, color, or national origin in several areas, including:
- Student disciplinary policies and enforcement
- Employment decisions, recruitment, hiring, and promotion
- Contract awards and renewals
- Student enrollment and services
The legislation specifically bars schools from establishing “student disciplinary caps or quotas” based on demographic characteristics.
Arguments For and Against
Supporters of the bill argue it ensures equal treatment for all students regardless of background. They contend that current DEI programs create preferential treatment and divert resources from core educational priorities.
Opponents maintain that DEI programs address historical and ongoing disparities affecting minority students. They argue that eliminating these initiatives could marginalize students of color and ignore systemic inequities in education.
DEI Spending in Kentucky
Jefferson County Public Schools, Kentucky’s largest school district, allocated significant resources to diversity-related programs in fiscal year 2024. The district’s Diversity, Equity, and Poverty department received $30.02 million, while an additional $38.57 million went to “Racial Equity Funds,” primarily for salaries.
Dr. John Marshall serves as Chief Equity Officer for JCPS with a salary of $199,899.90, the second-highest in the district. Marshall drew controversy following the 2024 presidential election for social media posts about race relations that critics called divisive.
Broader Context
The bill comes amid a national debate over DEI programs in public institutions. In January 2025, President Donald Trump issued an executive order characterizing DEI initiatives as “wasteful” and involving preferential treatment.
State Representative Sarah Stalker (D) sparked online debate in December 2025 with comments about white privilege and public school curriculum, drawing responses from high-profile figures including Elon Musk.
The legislation remains under consideration in the Kentucky General Assembly. Its ultimate fate will depend on votes in both chambers and potential action by the governor.
