Heated hearing on HB 2348: proponents urge removal of tenure as a property right; universities, faculty and students oppose

The Committee on Judiciary opened a public hearing on House Bill 23‑48, which would provide that an award of tenure at a Kansas public postsecondary institution may confer benefits but is discretionary and conditional and “does not create an entitlement right or property interest in a faculty member's current, ongoing, or future employment.” The bill drew substantial pro and con testimony.

Steven Lovett, who identified himself as the author of HB 23‑48 and as an associate professor at Emporia State University, testified as a proponent in his personal capacity and said the legislature can define property rights under state law. He told the committee the federal district court for Kansas recently found that tenured university faculty possess property rights invoking the U.S. Constitution's due process clause in a case in which Lovett said he is a named defendant. Lovett argued that declaring tenure a property right creates a long‑term, unfunded fiscal liability for the state and that academic freedom is protected by the First Amendment rather than tenure or administrative due process. He quantified potential liability: “In fiscal year 2023,…