Indiana 2024 Regular Session

Indiana Senate Bill SB0191 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 191
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 21-42.5.
7	7	Synopsis: Transparency and freedom of expression. Establishes
8	8	restrictions on a state educational institution (institution) in regard to
9	9	the following: (1) A student's or employee's ideological or political
10	10	viewpoints or refusal to support or endorse one or more divisive
11	11	concepts. (2) Requiring a student to submit or affirm a personal
12	12	diversity statement. (3) Conducting any mandatory training that
13	13	includes divisive concepts or taking other specified actions related to
14	14	divisive concepts. (4) Exhibiting bias against or favoritism for certain
15	15	individuals or groups of individuals. (5) Requiring a student group to
16	16	pay fees or security deposits that are not charged to all other student
17	17	groups or denying a student group access to institution property that is
18	18	routinely used by other student groups. Establishes requirements for
19	19	institutions regarding the following: (1) Maintaining and posting
20	20	reports of violations submitted by students or employees on the
21	21	institution's website. (2) Informing students and employees regarding
22	22	certain restrictions and requirements to which the institution is subject
23	23	and to the definition of divisive concept. (3) Conducting, posting the
24	24	results of, and submitting a report to the legislative council regarding
25	25	a biennial survey. (4) Posting a current syllabus for each course offered
26	26	in the current semester at the institution on the institution's website. (5)
27	27	Submitting the following: (A) Certain reports to the institution's chief
28	28	executive officer. (B) Certain reports to the commission for higher
29	29	education (commission). Provides that a student or employee of an
30	30	institution who believes that an institution has violated certain
31	31	restrictions on institutions may file a report of the alleged violation
32	32	with the institution. Establishes requirements regarding individuals
33	33	(Continued next page)
34	34	Effective: July 1, 2024.
35	35	Johnson T
36	36	January 9, 2024, read first time and referred to Committee on Education and Career
37	37	Development.
38	38	2024 IN 191—LS 6725/DI 110 Digest Continued
39	39	employed by an institution whose primary or secondary job duties or
40	40	job title includes diversity, equity, or inclusion. Allows and requires the
41	41	commission to adopt rules.
42	42	2024 IN 191—LS 6725/DI 1102024 IN 191—LS 6725/DI 110 Introduced
43	43	Second Regular Session of the 123rd General Assembly (2024)
44	44	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
45	45	Constitution) is being amended, the text of the existing provision will appear in this style type,
46	46	additions will appear in this style type, and deletions will appear in this style type.
47	47	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
48	48	provision adopted), the text of the new provision will appear in this style type. Also, the
49	49	word NEW will appear in that style type in the introductory clause of each SECTION that adds
50	50	a new provision to the Indiana Code or the Indiana Constitution.
51	51	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
52	52	between statutes enacted by the 2023 Regular Session of the General Assembly.
53	53	SENATE BILL No. 191
54	54	A BILL FOR AN ACT to amend the Indiana Code concerning
55	55	higher education.
56	56	Be it enacted by the General Assembly of the State of Indiana:
57	57	1 SECTION 1. IC 21-42.5 IS ADDED TO THE INDIANA CODE AS
58	58	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
59	59	3 2024]:
60	60	4 ARTICLE 42.5. STATE EDUCATIONAL INSTITUTIONS:
61	61	5 TRANSPARENCY, OVERSIGHT, AND FREEDOM OF
62	62	6 EXPRESSION
63	63	7 Chapter 1. Definitions
64	64	8 Sec. 1. The definitions in this chapter apply throughout this
65	65	9 article.
66	66	10 Sec. 2. "Divisive concept" means a concept that:
67	67	11 (1) one (1) race or sex is inherently superior or inferior to
68	68	12 another race or sex;
69	69	13 (2) an individual, by virtue of the individual's race or sex, is
70	70	14 inherently privileged, racist, sexist, or oppressive, whether
71	71	15 consciously or subconsciously;
72	72	2024 IN 191—LS 6725/DI 110 2
73	73	1 (3) an individual should be discriminated against or receive
74	74	2 adverse treatment because of the individual's race or sex;
75	75	3 (4) an individual's moral character is determined by the
76	76	4 individual's race or sex;
77	77	5 (5) an individual, by virtue of the individual's race or sex,
78	78	6 bears responsibility for actions committed in the past by other
79	79	7 members of the same race or sex;
80	80	8 (6) an individual should feel discomfort, guilt, anguish, or
81	81	9 another form of psychological distress solely because of the
82	82	10 individual's race or sex;
83	83	11 (7) a meritocracy is:
84	84	12 (A) inherently racist or sexist; or
85	85	13 (B) designed by a particular race or sex to oppress another
86	86	14 race or sex;
87	87	15 (8) Indiana or the United States is fundamentally or
88	88	16 irredeemably racist or sexist;
89	89	17 (9) promotes or advocates the violent overthrow of the United
90	90	18 States government;
91	91	19 (10) promotes division between, or resentment of, a race, sex,
92	92	20 religion, creed, nonviolent political affiliation, social class, or
93	93	21 class of people;
94	94	22 (11) ascribes character traits, values, moral or ethical codes,
95	95	23 privileges, or beliefs to:
96	96	24 (A) a race or sex; or
97	97	25 (B) an individual because of the individual's race or sex;
98	98	26 (12) the rule of law does not exist but, instead, is a series of
99	99	27 power relationships and struggles among racial or other
100	100	28 groups;
101	101	29 (13) all Americans are not created equal and are not endowed
102	102	30 by their creator with certain unalienable rights, including life,
103	103	31 liberty, and the pursuit of happiness;
104	104	32 (14) governments should deny to any person within the
105	105	33 government's jurisdiction the equal protection of the law;
106	106	34 (15) includes race or sex stereotyping; or
107	107	35 (16) includes race or sex scapegoating.
108	108	36 Sec. 3. "Institution" means a state educational institution.
109	109	37 Sec. 4. "Race or sex scapegoating" means assigning fault, blame,
110	110	38 or bias to a race or sex, or to members of a race or sex, because of
111	111	39 the member's race or sex, and includes any claim that, consciously
112	112	40 or subconsciously, and by virtue of a member's race or sex,
113	113	41 members of a race are inherently racist or inclined to oppress
114	114	42 others, or that members of a sex are inherently sexist or inclined to
115	115	2024 IN 191—LS 6725/DI 110 3
116	116	1 oppress others.
117	117	2 Sec. 5. "Race or sex stereotyping" means ascribing character
118	118	3 traits, values, moral and ethical codes, privileges, status, or beliefs
119	119	4 to a race or sex, or to an individual because of the individual's race
120	120	5 or sex.
121	121	6 Sec. 6. "Training" includes seminars, workshops, trainings, and
122	122	7 orientations.
123	123	8 Chapter 2. Restrictions on State Educational Institutions
124	124	9 Sec. 1. An institution may not:
125	125	10 (1) penalize, discriminate against, or treat adversely a student
126	126	11 or employee of the institution due to the student's or
127	127	12 employee's refusal to support, believe, endorse, embrace,
128	128	13 confess, act upon, or otherwise assent to one (1) or more
129	129	14 divisive concepts;
130	130	15 (2) require a student or employee of the institution to endorse
131	131	16 a specific ideology or political viewpoint to be eligible for
132	132	17 hiring, tenure, promotion, or graduation;
133	133	18 (3) ask the ideological or political viewpoint of a student, job
134	134	19 applicant, job candidate, or candidate for promotion or
135	135	20 tenure; or
136	136	21 (4) require an applicant for employment or admission to:
137	137	22 (A) submit a personal diversity statement; or
138	138	23 (B) affirm the applicant's agreement with an institutional
139	139	24 diversity statement;
140	140	25 as part of the application or admissions process.
141	141	26 Sec. 2. An individual who believes that an institution has
142	142	27 violated section 1 of this chapter may pursue all equitable or legal
143	143	28 remedies that may be available to the individual in a court of
144	144	29 competent jurisdiction.
145	145	30 Sec. 3. A student or employee of an institution who believes that
146	146	31 an institution has violated section 1 of this chapter may file a
147	147	32 report of the alleged violation with the institution.
148	148	33 Sec. 4. (a) Subject to subsection (b), the institution shall:
149	149	34 (1) maintain the report filed under section 3 of this chapter;
150	150	35 and
151	151	36 (2) post the report on the institution's website.
152	152	37 (b) An institution shall post a report under subsection (a) in a
153	153	38 manner that complies with any state or federal privacy laws.
154	154	39 Chapter 3. Restriction on Divisive Concepts
155	155	40 Sec. 1. An institution may not:
156	156	41 (1) conduct any mandatory training of students or employees
157	157	42 if the training includes one (1) or more divisive concepts;
158	158	2024 IN 191—LS 6725/DI 110 4
159	159	1 (2) use training programs or training materials for students
160	160	2 or employees if the program or material includes one (1) or
161	161	3 more divisive concepts;
162	162	4 (3) use state appropriated funds to incentivize, beyond
163	163	5 payment of regular salary or other regular compensation, an
164	164	6 employee to incorporate one (1) or more divisive concepts into
165	165	7 academic curricula;
166	166	8 (4) approve or use state funds for fees, dues, subscriptions, or
167	167	9 travel in conjunction with the membership, meetings, or
168	168	10 activities of an organization that endorses or promotes a
169	169	11 divisive concept; or
170	170	12 (5) approve or use state funds for fees, dues, subscriptions, or
171	171	13 travel in conjunction with the membership, meetings, or
172	172	14 activities of an organization if participation in the
173	173	15 organization requires an individual, or an individual's
174	174	16 employer, to endorse or promote a divisive concept.
175	175	17 Sec. 2. (a) If an institution employs an individual whose primary
176	176	18 or secondary job duties or job title includes diversity, equity, or
177	177	19 inclusion, the following requirements apply:
178	178	20 (1) The individual's duties must include specific tasks and
179	179	21 efforts to strengthen and increase intellectual diversity and
180	180	22 individual liberty among the students and employees of the
181	181	23 institution with divergent points of view to facilitate the free
182	182	24 and respectful exchange of ideas.
183	183	25 (2) The individual shall allocate at least fifty percent (50%) of
184	184	26 the individual's duties to:
185	185	27 (A) mentoring;
186	186	28 (B) providing academic coaching; and
187	187	29 (C) providing related learning support activities;
188	188	30 necessary for the academic success of students who are
189	189	31 eligible to receive a federal Pell grant (as defined in
190	190	32 IC 4-3-27-13).
191	191	33 (3) The individual shall document the allocation of the
192	192	34 individual's duties to ensure compliance with subdivision (2).
193	193	35 (b) Each institution shall submit a report directly to the
194	194	36 institution's chief executive officer regarding the actions the
195	195	37 institution is taking to comply with this section.
196	196	38 (c) If an institution has more than one (1) campus, the report
197	197	39 described in subsection (b) must be submitted to the institution's
198	198	40 chief executive officer for review after the report is submitted to
199	199	41 the chief executive officer of the campus, if applicable.
200	200	42 Sec. 3. Each institution shall notify each new student and
201	201	2024 IN 191—LS 6725/DI 110 5
202	202	1 employee of the institution of the restrictions and requirements
203	203	2 under IC 21-42.5-2 and the definition of divisive concepts by:
204	204	3 (1) posting the information on the institution's website;
205	205	4 (2) printing the information on all introductory materials
206	206	5 provided to the new student or employee; and
207	207	6 (3) providing the information in introductory meetings with
208	208	7 the new student or employee.
209	209	8 Sec. 4. Each institution shall annually submit a report to the
210	210	9 commission for higher education regarding the institution's
211	211	10 implementation of the requirements under section 3 of this chapter
212	212	11 in a manner and form prescribed by the commission for higher
213	213	12 education.
214	214	13 Chapter 4. Biennial Survey
215	215	14 Sec. 1. Each institution shall conduct a biennial survey of the
216	216	15 institution's students and employees to assess the campus climate
217	217	16 with regard to diversity of thought and the respondents' comfort
218	218	17 level in speaking freely on campus regardless of political affiliation
219	219	18 or ideology.
220	220	19 Sec. 2. The institution shall publish the results of the biennial
221	221	20 survey on the institution's website.
222	222	21 Sec. 3. Each institution shall biennially submit a report
223	223	22 regarding the results of each biennial survey conducted under
224	224	23 section 1 of this chapter to the legislative council in an electronic
225	225	24 format under IC 5-14-6.
226	226	25 Sec. 4. This chapter expires July 1, 2030.
227	227	26 Chapter 5. Freedom of Expression and Transparency
228	228	27 Sec. 1. Except as provided in section 3 of this chapter and in
229	229	28 addition to any requirements under IC 21-39-8, for purposes of
230	230	29 approving or scheduling the use of an institution's property, an
231	231	30 institution may not exhibit the following:
232	232	31 (1) Bias against or favoritism for a student group that is
233	233	32 peaceful and requests to use the institution's property in a
234	234	33 peaceful and lawful manner.
235	235	34 (2) Bias or favoritism based upon the viewpoint, race, creed,
236	236	35 color, religion, nonviolent political ideology, or nonviolent
237	237	36 political party affiliation of:
238	238	37 (A) a guest speaker; or
239	239	38 (B) the student sponsoring group of a guest speaker.
240	240	39 (3) Bias against or favoritism for a:
241	241	40 (A) student group that; or
242	242	41 (B) guest speaker who;
243	243	42 intends to maintain a peaceful campus presence and peaceful
244	244	2024 IN 191—LS 6725/DI 110 6
245	245	1 use of the institution's property because the institution
246	246	2 receives threatened simple breaches of the peace or
247	247	3 nondestructive disruptions from groups or individuals who
248	248	4 oppose the student group's or guest speaker's presence on
249	249	5 campus.
250	250	6 Sec. 2. In addition to any requirements under IC 21-39-8, an
251	251	7 institution may not:
252	252	8 (1) require a student group to pay fees or security deposits
253	253	9 that are not charged to all other student groups; or
254	254	10 (2) deny a student group access to the institution's property if
255	255	11 the property is routinely used by other student groups.
256	256	12 Sec. 3. Notwithstanding IC 21-39-8 and this chapter, an
257	257	13 institution may restrict or deny use of the institution's property for
258	258	14 public displays, organized public gatherings, or public
259	259	15 demonstrations if the display, gathering, or demonstration would
260	260	16 be an offense described in IC 35-49-3-2.
261	261	17 Sec. 4. In order to assess the extent to which a divisive concept
262	262	18 may have been included or has otherwise affected curriculum, each
263	263	19 institution shall post a current syllabus for each course offered in
264	264	20 the current semester at the institution on the institution's website
265	265	21 not later than seven (7) business days after the first day of class for
266	266	22 the respective semester.
267	267	23 Sec. 5. Each syllabus published under section 4 of this chapter
268	268	24 must include:
269	269	25 (1) the title and catalog description of the course;
270	270	26 (2) the course instructor's name;
271	271	27 (3) the course's required or elective status for relevant majors
272	272	28 or general education;
273	273	29 (4) a brief description of each assignment, examination,
274	274	30 lecture, discussion, or other class activity;
275	275	31 (5) the title of each book that is assigned or recommended for
276	276	32 the course, including any textbook or workbook; and
277	277	33 (6) the final grades for the three (3) most recent semesters
278	278	34 that the course was offered.
279	279	35 Sec. 6. Each institution shall provide employee training to
280	280	36 ensure compliance with this chapter.
281	281	37 Chapter 6. Construction and Rules
282	282	38 Sec. 1. Nothing in this article may be construed to do the
283	283	39 following:
284	284	40 (1) Prohibit institutions from training students or employees
285	285	41 on the nondiscrimination requirements of federal or state law.
286	286	42 (2) Infringe on the rights of freedom of speech protected by
287	287	2024 IN 191—LS 6725/DI 110 7
288	288	1 the First Amendment to the Constitution of the United States.
289	289	2 (3) Infringe on the rights of academic freedom of employees
290	290	3 of institutions.
291	291	4 (4) Require an employee of an institution to:
292	292	5 (A) violate any federal or state law, rule, or regulation; or
293	293	6 (B) fail to comply with any applicable academic
294	294	7 accreditation requirement.
295	295	8 (5) Prohibit an individual who provides training from
296	296	9 responding to questions regarding one (1) or more divisive
297	297	10 concepts if the response does not endorse or advocate for a
298	298	11 divisive concept.
299	299	12 (6) Prohibit institutions from promoting diversity, equity, and
300	300	13 inclusion provided that the promotion is consistent with this
301	301	14 article.
302	302	15 Sec. 2. In order to assess the extent to which learning outcomes
303	303	16 may have been affected by the inclusion of a divisive concept in the
304	304	17 student learning experience, the commission for higher education
305	305	18 may adopt rules under IC 4-22-2 to require each institution to
306	306	19 submit data and information requested by the commission for
307	307	20 higher education in a standardized format to allow the commission
308	308	21 for higher education to provide an online organized data
309	309	22 compilation that details the following:
310	310	23 (1) The number of students who completed a program at the
311	311	24 institution in the immediately preceding three (3) academic
312	312	25 years, disaggregated by underserved minority students.
313	313	26 (2) The following regarding the students identified in
314	314	27 subdivision (1):
315	315	28 (A) The results, if available, on a nationally recognized
316	316	29 assessment that assesses a student's readiness for
317	317	30 postsecondary education.
318	318	31 (B) The final grade point average of the students identified
319	319	32 in subdivision (1).
320	320	33 Sec. 3. (a) The commission for higher education shall adopt
321	321	34 rules under IC 4-22-2 to implement this article.
322	322	35 (b) The rules adopted under subsection (a) must do the
323	323	36 following:
324	324	37 (1) Establish a process by which a person may file a report
325	325	38 with an institution under IC 21-42.5-2.
326	326	39 (2) Require each institution that receives a report under
327	327	40 IC 21-42.5-2 to investigate the report.
328	328	41 (3) Create a corrective action plan for an institution that
329	329	42 determines:
330	330	2024 IN 191—LS 6725/DI 110 8
331	331	1 (A) after the institution's investigation, a violation of
332	332	2 IC 21-42.5-2; or
333	333	3 (B) any other violation of this article;
334	334	4 has occurred.
335	335	5 (4) Create reporting requirements regarding:
336	336	6 (A) reports filed under IC 21-42.5-2;
337	337	7 (B) the subsequent investigations concerning the reports
338	338	8 described in clause (A); and
339	339	9 (C) any corrective action plans created for an institution as
340	340	10 described in subdivision (3).
341	341	2024 IN 191—LS 6725/DI 110