Introduced Version
SENATE BILL No. 191
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 21-42.5.
Synopsis: Transparency and freedom of expression. Establishes
restrictions on a state educational institution (institution) in regard to
the following: (1) A student's or employee's ideological or political
viewpoints or refusal to support or endorse one or more divisive
concepts. (2) Requiring a student to submit or affirm a personal
diversity statement. (3) Conducting any mandatory training that
includes divisive concepts or taking other specified actions related to
divisive concepts. (4) Exhibiting bias against or favoritism for certain
individuals or groups of individuals. (5) Requiring a student group to
pay fees or security deposits that are not charged to all other student
groups or denying a student group access to institution property that is
routinely used by other student groups. Establishes requirements for
institutions regarding the following: (1) Maintaining and posting
reports of violations submitted by students or employees on the
institution's website. (2) Informing students and employees regarding
certain restrictions and requirements to which the institution is subject
and to the definition of divisive concept. (3) Conducting, posting the
results of, and submitting a report to the legislative council regarding
a biennial survey. (4) Posting a current syllabus for each course offered
in the current semester at the institution on the institution's website. (5)
Submitting the following: (A) Certain reports to the institution's chief
executive officer. (B) Certain reports to the commission for higher
education (commission). Provides that a student or employee of an
institution who believes that an institution has violated certain
restrictions on institutions may file a report of the alleged violation
with the institution. Establishes requirements regarding individuals
(Continued next page)
Effective: July 1, 2024.
Johnson T
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 191—LS 6725/DI 110 Digest Continued
employed by an institution whose primary or secondary job duties or
job title includes diversity, equity, or inclusion. Allows and requires the
commission to adopt rules.
2024 IN 191—LS 6725/DI 1102024 IN 191—LS 6725/DI 110 Introduced
Second Regular Session of the 123rd General Assembly (2024)
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between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 191
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 21-42.5 IS ADDED TO THE INDIANA CODE AS
2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3 2024]:
4 ARTICLE 42.5. STATE EDUCATIONAL INSTITUTIONS:
5 TRANSPARENCY, OVERSIGHT, AND FREEDOM OF
6 EXPRESSION
7 Chapter 1. Definitions
8 Sec. 1. The definitions in this chapter apply throughout this
9 article.
10 Sec. 2. "Divisive concept" means a concept that:
11 (1) one (1) race or sex is inherently superior or inferior to
12 another race or sex;
13 (2) an individual, by virtue of the individual's race or sex, is
14 inherently privileged, racist, sexist, or oppressive, whether
15 consciously or subconsciously;
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1 (3) an individual should be discriminated against or receive
2 adverse treatment because of the individual's race or sex;
3 (4) an individual's moral character is determined by the
4 individual's race or sex;
5 (5) an individual, by virtue of the individual's race or sex,
6 bears responsibility for actions committed in the past by other
7 members of the same race or sex;
8 (6) an individual should feel discomfort, guilt, anguish, or
9 another form of psychological distress solely because of the
10 individual's race or sex;
11 (7) a meritocracy is:
12 (A) inherently racist or sexist; or
13 (B) designed by a particular race or sex to oppress another
14 race or sex;
15 (8) Indiana or the United States is fundamentally or
16 irredeemably racist or sexist;
17 (9) promotes or advocates the violent overthrow of the United
18 States government;
19 (10) promotes division between, or resentment of, a race, sex,
20 religion, creed, nonviolent political affiliation, social class, or
21 class of people;
22 (11) ascribes character traits, values, moral or ethical codes,
23 privileges, or beliefs to:
24 (A) a race or sex; or
25 (B) an individual because of the individual's race or sex;
26 (12) the rule of law does not exist but, instead, is a series of
27 power relationships and struggles among racial or other
28 groups;
29 (13) all Americans are not created equal and are not endowed
30 by their creator with certain unalienable rights, including life,
31 liberty, and the pursuit of happiness;
32 (14) governments should deny to any person within the
33 government's jurisdiction the equal protection of the law;
34 (15) includes race or sex stereotyping; or
35 (16) includes race or sex scapegoating.
36 Sec. 3. "Institution" means a state educational institution.
37 Sec. 4. "Race or sex scapegoating" means assigning fault, blame,
38 or bias to a race or sex, or to members of a race or sex, because of
39 the member's race or sex, and includes any claim that, consciously
40 or subconsciously, and by virtue of a member's race or sex,
41 members of a race are inherently racist or inclined to oppress
42 others, or that members of a sex are inherently sexist or inclined to
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1 oppress others.
2 Sec. 5. "Race or sex stereotyping" means ascribing character
3 traits, values, moral and ethical codes, privileges, status, or beliefs
4 to a race or sex, or to an individual because of the individual's race
5 or sex.
6 Sec. 6. "Training" includes seminars, workshops, trainings, and
7 orientations.
8 Chapter 2. Restrictions on State Educational Institutions
9 Sec. 1. An institution may not:
10 (1) penalize, discriminate against, or treat adversely a student
11 or employee of the institution due to the student's or
12 employee's refusal to support, believe, endorse, embrace,
13 confess, act upon, or otherwise assent to one (1) or more
14 divisive concepts;
15 (2) require a student or employee of the institution to endorse
16 a specific ideology or political viewpoint to be eligible for
17 hiring, tenure, promotion, or graduation;
18 (3) ask the ideological or political viewpoint of a student, job
19 applicant, job candidate, or candidate for promotion or
20 tenure; or
21 (4) require an applicant for employment or admission to:
22 (A) submit a personal diversity statement; or
23 (B) affirm the applicant's agreement with an institutional
24 diversity statement;
25 as part of the application or admissions process.
26 Sec. 2. An individual who believes that an institution has
27 violated section 1 of this chapter may pursue all equitable or legal
28 remedies that may be available to the individual in a court of
29 competent jurisdiction.
30 Sec. 3. A student or employee of an institution who believes that
31 an institution has violated section 1 of this chapter may file a
32 report of the alleged violation with the institution.
33 Sec. 4. (a) Subject to subsection (b), the institution shall:
34 (1) maintain the report filed under section 3 of this chapter;
35 and
36 (2) post the report on the institution's website.
37 (b) An institution shall post a report under subsection (a) in a
38 manner that complies with any state or federal privacy laws.
39 Chapter 3. Restriction on Divisive Concepts
40 Sec. 1. An institution may not:
41 (1) conduct any mandatory training of students or employees
42 if the training includes one (1) or more divisive concepts;
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1 (2) use training programs or training materials for students
2 or employees if the program or material includes one (1) or
3 more divisive concepts;
4 (3) use state appropriated funds to incentivize, beyond
5 payment of regular salary or other regular compensation, an
6 employee to incorporate one (1) or more divisive concepts into
7 academic curricula;
8 (4) approve or use state funds for fees, dues, subscriptions, or
9 travel in conjunction with the membership, meetings, or
10 activities of an organization that endorses or promotes a
11 divisive concept; or
12 (5) approve or use state funds for fees, dues, subscriptions, or
13 travel in conjunction with the membership, meetings, or
14 activities of an organization if participation in the
15 organization requires an individual, or an individual's
16 employer, to endorse or promote a divisive concept.
17 Sec. 2. (a) If an institution employs an individual whose primary
18 or secondary job duties or job title includes diversity, equity, or
19 inclusion, the following requirements apply:
20 (1) The individual's duties must include specific tasks and
21 efforts to strengthen and increase intellectual diversity and
22 individual liberty among the students and employees of the
23 institution with divergent points of view to facilitate the free
24 and respectful exchange of ideas.
25 (2) The individual shall allocate at least fifty percent (50%) of
26 the individual's duties to:
27 (A) mentoring;
28 (B) providing academic coaching; and
29 (C) providing related learning support activities;
30 necessary for the academic success of students who are
31 eligible to receive a federal Pell grant (as defined in
32 IC 4-3-27-13).
33 (3) The individual shall document the allocation of the
34 individual's duties to ensure compliance with subdivision (2).
35 (b) Each institution shall submit a report directly to the
36 institution's chief executive officer regarding the actions the
37 institution is taking to comply with this section.
38 (c) If an institution has more than one (1) campus, the report
39 described in subsection (b) must be submitted to the institution's
40 chief executive officer for review after the report is submitted to
41 the chief executive officer of the campus, if applicable.
42 Sec. 3. Each institution shall notify each new student and
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1 employee of the institution of the restrictions and requirements
2 under IC 21-42.5-2 and the definition of divisive concepts by:
3 (1) posting the information on the institution's website;
4 (2) printing the information on all introductory materials
5 provided to the new student or employee; and
6 (3) providing the information in introductory meetings with
7 the new student or employee.
8 Sec. 4. Each institution shall annually submit a report to the
9 commission for higher education regarding the institution's
10 implementation of the requirements under section 3 of this chapter
11 in a manner and form prescribed by the commission for higher
12 education.
13 Chapter 4. Biennial Survey
14 Sec. 1. Each institution shall conduct a biennial survey of the
15 institution's students and employees to assess the campus climate
16 with regard to diversity of thought and the respondents' comfort
17 level in speaking freely on campus regardless of political affiliation
18 or ideology.
19 Sec. 2. The institution shall publish the results of the biennial
20 survey on the institution's website.
21 Sec. 3. Each institution shall biennially submit a report
22 regarding the results of each biennial survey conducted under
23 section 1 of this chapter to the legislative council in an electronic
24 format under IC 5-14-6.
25 Sec. 4. This chapter expires July 1, 2030.
26 Chapter 5. Freedom of Expression and Transparency
27 Sec. 1. Except as provided in section 3 of this chapter and in
28 addition to any requirements under IC 21-39-8, for purposes of
29 approving or scheduling the use of an institution's property, an
30 institution may not exhibit the following:
31 (1) Bias against or favoritism for a student group that is
32 peaceful and requests to use the institution's property in a
33 peaceful and lawful manner.
34 (2) Bias or favoritism based upon the viewpoint, race, creed,
35 color, religion, nonviolent political ideology, or nonviolent
36 political party affiliation of:
37 (A) a guest speaker; or
38 (B) the student sponsoring group of a guest speaker.
39 (3) Bias against or favoritism for a:
40 (A) student group that; or
41 (B) guest speaker who;
42 intends to maintain a peaceful campus presence and peaceful
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1 use of the institution's property because the institution
2 receives threatened simple breaches of the peace or
3 nondestructive disruptions from groups or individuals who
4 oppose the student group's or guest speaker's presence on
5 campus.
6 Sec. 2. In addition to any requirements under IC 21-39-8, an
7 institution may not:
8 (1) require a student group to pay fees or security deposits
9 that are not charged to all other student groups; or
10 (2) deny a student group access to the institution's property if
11 the property is routinely used by other student groups.
12 Sec. 3. Notwithstanding IC 21-39-8 and this chapter, an
13 institution may restrict or deny use of the institution's property for
14 public displays, organized public gatherings, or public
15 demonstrations if the display, gathering, or demonstration would
16 be an offense described in IC 35-49-3-2.
17 Sec. 4. In order to assess the extent to which a divisive concept
18 may have been included or has otherwise affected curriculum, each
19 institution shall post a current syllabus for each course offered in
20 the current semester at the institution on the institution's website
21 not later than seven (7) business days after the first day of class for
22 the respective semester.
23 Sec. 5. Each syllabus published under section 4 of this chapter
24 must include:
25 (1) the title and catalog description of the course;
26 (2) the course instructor's name;
27 (3) the course's required or elective status for relevant majors
28 or general education;
29 (4) a brief description of each assignment, examination,
30 lecture, discussion, or other class activity;
31 (5) the title of each book that is assigned or recommended for
32 the course, including any textbook or workbook; and
33 (6) the final grades for the three (3) most recent semesters
34 that the course was offered.
35 Sec. 6. Each institution shall provide employee training to
36 ensure compliance with this chapter.
37 Chapter 6. Construction and Rules
38 Sec. 1. Nothing in this article may be construed to do the
39 following:
40 (1) Prohibit institutions from training students or employees
41 on the nondiscrimination requirements of federal or state law.
42 (2) Infringe on the rights of freedom of speech protected by
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1 the First Amendment to the Constitution of the United States.
2 (3) Infringe on the rights of academic freedom of employees
3 of institutions.
4 (4) Require an employee of an institution to:
5 (A) violate any federal or state law, rule, or regulation; or
6 (B) fail to comply with any applicable academic
7 accreditation requirement.
8 (5) Prohibit an individual who provides training from
9 responding to questions regarding one (1) or more divisive
10 concepts if the response does not endorse or advocate for a
11 divisive concept.
12 (6) Prohibit institutions from promoting diversity, equity, and
13 inclusion provided that the promotion is consistent with this
14 article.
15 Sec. 2. In order to assess the extent to which learning outcomes
16 may have been affected by the inclusion of a divisive concept in the
17 student learning experience, the commission for higher education
18 may adopt rules under IC 4-22-2 to require each institution to
19 submit data and information requested by the commission for
20 higher education in a standardized format to allow the commission
21 for higher education to provide an online organized data
22 compilation that details the following:
23 (1) The number of students who completed a program at the
24 institution in the immediately preceding three (3) academic
25 years, disaggregated by underserved minority students.
26 (2) The following regarding the students identified in
27 subdivision (1):
28 (A) The results, if available, on a nationally recognized
29 assessment that assesses a student's readiness for
30 postsecondary education.
31 (B) The final grade point average of the students identified
32 in subdivision (1).
33 Sec. 3. (a) The commission for higher education shall adopt
34 rules under IC 4-22-2 to implement this article.
35 (b) The rules adopted under subsection (a) must do the
36 following:
37 (1) Establish a process by which a person may file a report
38 with an institution under IC 21-42.5-2.
39 (2) Require each institution that receives a report under
40 IC 21-42.5-2 to investigate the report.
41 (3) Create a corrective action plan for an institution that
42 determines:
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1 (A) after the institution's investigation, a violation of
2 IC 21-42.5-2; or
3 (B) any other violation of this article;
4 has occurred.
5 (4) Create reporting requirements regarding:
6 (A) reports filed under IC 21-42.5-2;
7 (B) the subsequent investigations concerning the reports
8 described in clause (A); and
9 (C) any corrective action plans created for an institution as
10 described in subdivision (3).
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