*SB0202.1*
January 26, 2024
SENATE BILL No. 202
_____
DIGEST OF SB 202 (Updated January 24, 2024 5:37 pm - DI 110)
Citations Affected: IC 21-19; IC 21-20; IC 21-21; IC 21-22;
IC 21-23; IC 21-24; IC 21-25; IC 21-27; IC 21-38; IC 21-39;
IC 21-39.5; IC 21-49.
Synopsis: State educational institution matters. Amends the duties of
state educational institutions' diversity committees. Provides that
certain offices or individuals established or employed by a state
educational institution (institution) regarding diversity programming
must include within the mission of the office or position programming
that substantially promotes both cultural and intellectual diversity.
Establishes various requirements and restrictions for institutions
regarding free inquiry, free expression, and intellectual diversity that
does the following: (1) Requires the establishment of certain policies
regarding: (A) disciplinary actions for certain persons that materially
and substantially disrupt protected expressive activity; (B) limiting or
restricting the granting of tenure or a promotion if certain conditions
related to free inquiry, free expression, and intellectual diversity are not
(Continued next page)
Effective: July 1, 2024.
Deery, Raatz, Johnson T, Byrne
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, amended, reported favorably — Do Pass.
SB 202—LS 6786/DI 110 Digest Continued
met; and (C) disciplinary actions that will be taken if, after a review, a
determination has been made that a tenured faculty member has failed
to meet certain criteria related to free inquiry, free expression, and
intellectual diversity. (2) Requires the review and consideration, at
least every five years, of certain criteria related to free inquiry, free
expression, and intellectual diversity. (3) Requires the establishment of
a procedure that allows students and employees to submit complaints
that a faculty member or contractor is not meeting certain criteria
related to free inquiry, free expression, and intellectual diversity and
establishes requirements regarding the procedure and submitted
complaints. (4) Establishes consideration requirements before an
institution renews an employment agreement or other contract with,
makes a bonus decision regarding, or completes a review or
performance assessment of a faculty member or contractor. (5)
Prohibits requiring an applicant, employee, or contractor to pledge
allegiance to or make a statement of personal support for: (A) certain
policies or actions; or (B) political or ideological movements. (6)
Establishes restrictions regarding awarding admission, enrollment,
employment, benefits, hiring, reappointment, promotion, or granting
tenure to an applicant, employee, or contractor on the basis of the
viewpoints expressed in a submitted pledge or statement. (7) Requires
certain information be included in an institution's programming for new
students. (8) Requires the adoption of a statement on neutrality that
makes a distinction between the official positions of an institution from
the individual viewpoints of the institution's employees, contractors,
students, and alumni. (9) Allows the commission for higher education
(commission) to establish a survey that attempts to collect information
from students regarding the current perceptions of whether free speech
and academic freedom are recognized and fostered by an institution in
a manner that welcomes expression of different opinions and ideologies
and requires an institution to promote and provide the survey to
students. (10) Establishes various reporting requirements by
institutions or the commission concerning the following: (A)
Complaints submitted regarding faculty members or contractors who
are not meeting certain criteria related to free inquiry, free expression,
and intellectual diversity. (B) Institutions' budget allocations for
diversity, equity, and inclusion initiatives. (11) Provides that certain
individuals may request the commission to review a final decision by
an institution concerning a violation of these provisions. Adds member
appointments by the legislative council to the board of trustees of
institutions (board of trustees). Provides that a board of trustees
member who is a state employee is not entitled to per diem but is
entitled to reimbursement for traveling expenses and other certain
expenses. Removes certain criteria requirements for members of boards
of trustees. Requires each institution to report certain information at the
time the institution submits its legislative budget request.
SB 202—LS 6786/DI 110SB 202—LS 6786/DI 110 January 26, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 202
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 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
2 260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
4 following eleven (11) members:
5 (1) Nine (9) members appointed by the governor as follows:
6 (1) (A) Six (6) members who must be at large.
7 (2) (B) Two (2) members who must be alumni of Ball State
8 University.
9 (3) (C) One (1) member who must be a Ball State University
10 student.
11 (2) Two (2) at-large members appointed by the legislative
12 council who are not members of the general assembly.
13 SECTION 2. IC 21-19-3-3 IS REPEALED [EFFECTIVE JULY 1,
14 2024]. Sec. 3. Not more than six (6) of the nonstudent members of the
15 board of trustees may be of the same sex.
SB 202—LS 6786/DI 110 2
1 SECTION 3. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
2 260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
4 death, incapacitation, or resignation shall be filled by appointment of
5 the governor appropriate appointing authority for the unexpired
6 term. Vacancies in offices held by alumni members shall be filled from
7 nominees submitted by the Ball State University alumni council.
8 SECTION 4. IC 21-20-3-2, AS ADDED BY P.L.2-2007, SECTION
9 261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]: Sec. 2. The board of trustees has nine (9) eleven (11)
11 members.
12 SECTION 5. IC 21-20-3-3 IS REPEALED [EFFECTIVE JULY 1,
13 2024]. Sec. 3. This section does not apply to the student trustee
14 appointed to the board of trustees. Not more than:
15 (1) one (1) of the trustees elected to the board of trustees; and
16 (2) two (2) of the trustees appointed to the board of trustees;
17 may reside in the same county.
18 SECTION 6. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
19 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 12. (a) The governor shall appoint five (5)
21 members of the board of trustees. for
22 (b) The legislative council shall appoint two (2) at-large
23 members of the board of trustees who are not members of the
24 general assembly.
25 (c) The members appointed under this section shall serve terms
26 of three (3) years.
27 (b) (d) Whenever a vacancy occurs in the membership of the board
28 of trustees who are appointed by the governor or legislative council
29 because of death or resignation or for any other reason, the vacancy
30 shall be filled by an appointment of the governor original appointing
31 authority for the unexpired term.
32 SECTION 7. IC 21-21-3-2, AS ADDED BY P.L.2-2007, SECTION
33 262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
34 1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
35 following eleven (11) trustees:
36 (1) Nine (9) members appointed by the governor as follows:
37 (1) (A) Seven (7) competent individuals, one (1) of whom
38 must be a student.
39 (2) (B) Two (2) competent individuals who are alumni of
40 Indiana State University nominated by the alumni council of
41 Indiana State University.
42 (2) Two (2) at-large members appointed by the legislative
SB 202—LS 6786/DI 110 3
1 council who are not members of the general assembly.
2 SECTION 8. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
3 2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
4 SECTION 9. IC 21-21-3-9, AS ADDED BY P.L.2-2007, SECTION
5 262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
6 1, 2024]: Sec. 9. (a) The governor appropriate appointing authority
7 shall fill a vacancy occurring in the board of trustees from death,
8 resignation, or removal from the state for the unexpired term of the
9 retiring trustee.
10 (b) The alumni council of Indiana State University shall nominate
11 the appointee to fill a vacancy caused by the loss of an alumni member.
12 SECTION 10. IC 21-22-3-1, AS ADDED BY P.L.2-2007,
13 SECTION 263, IS AMENDED TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2024]: Sec. 1. Ivy Tech Community College
15 shall be governed by a state board of trustees appointed by the governor
16 and the legislative council as provided under section 3 of this
17 chapter.
18 SECTION 11. IC 21-22-3-3, AS AMENDED BY P.L.174-2018,
19 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]: Sec. 3. (a) The number of members of the state board
21 of trustees must equal the number of regions established by the state
22 board of trustees plus one (1) three (3) additional member, members,
23 but shall not exceed fifteen (15) seventeen (17) total members.
24 (b) The legislative council shall appoint two (2) at-large
25 members to the state board of trustees who are not members of the
26 general assembly. The governor shall appoint the remaining
27 members described in subsection (a).
28 (c) The state board of trustees shall divide the state of Indiana into
29 regions. Each region shall be represented by one (1) trustee appointed
30 by the governor.
31 (d) Each member of the state board of trustees appointed by the
32 governor must have knowledge or experience in one (1) or more of the
33 following areas:
34 (1) Manufacturing.
35 (2) Commerce.
36 (3) Labor.
37 (4) Agriculture.
38 (5) State and regional economic development needs.
39 (6) Indiana's educational delivery system.
40 (e) One (1) member appointed by the governor must serve as an
41 at-large member. Appointments shall be for three (3) year terms, on a
42 staggered basis.
SB 202—LS 6786/DI 110 4
1 (b) (f) An individual who holds an elective or appointed office of
2 the state is not eligible to serve as a member of the state board of
3 trustees. A member of a campus board may be appointed to the state
4 board of trustees but must then resign from the campus board.
5 SECTION 12. IC 21-22-3-4, AS AMENDED BY P.L.174-2018,
6 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 4. The governor appropriate appointing
8 authority shall fill all vacancies on the state board of trustees. All
9 members of the state board of trustees who are serving on July 1, 2018,
10 are entitled to serve until the ends end of their terms. At the end of a
11 trustee's term or otherwise upon the occurrence of a vacancy, the
12 governor appropriate appointing authority may appoint a trustee in
13 accordance with section 3 of this chapter.
14 SECTION 13. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
15 SECTION 264, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
17 ten (10) twelve (12) members, to be appointed for the term of service
18 and in the manner provided by this chapter. The terms of all trustees
19 terminate on July 1 of the year in which their terms of office expire.
20 SECTION 14. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
21 SECTION 237, IS AMENDED TO READ AS FOLLOWS
22 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The governor shall appoint
23 ten (10) trustees, which includes the Purdue University alumni
24 selected under section 3 of this chapter, for Purdue University for the
25 term beginning on July 1 in conformity with this chapter.
26 (b) The general assembly urges the governor to appoint at least one
27 (1) resident of Allen County to the board of trustees of Purdue
28 University.
29 (c) Two (2) at-large members shall be appointed to the board of
30 trustees by the legislative council. The members appointed under
31 this subsection may not be members of the general assembly.
32 SECTION 15. IC 21-23-3-4 IS REPEALED [EFFECTIVE JULY 1,
33 2024]. Sec. 4. Seven (7) of the trustees shall be appointed by the
34 governor.
35 SECTION 16. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
36 SECTION 264, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2024]: Sec. 8. In case any vacancy occurs on
38 the board of trustees by reason of the resignation, removal from the
39 state, expiration of the term of office, or otherwise of any of the trustees
40 appointed by the governor, applicable appointing authority, the
41 vacancy shall be filled by the governor applicable appointing
42 authority from the respective classes as provided in this section to
SB 202—LS 6786/DI 110 5
1 serve only for the unexpired term.
2 SECTION 17. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
3 SECTION 264, IS AMENDED TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The acceptance of an
5 appointment by the governor or legislative council signifies that the
6 appointee will give the appointee's best efforts to the interests of
7 Purdue University and that the appointee will regularly attend the
8 meetings of the board of trustees.
9 (b) The secretary of the board of trustees shall report the attendance
10 of each meeting of the board of trustees to the governor and legislative
11 council regarding the respective members appointed by the
12 governor or legislative council. If a member is absent for two (2)
13 consecutive meetings without sufficient excuse, it shall be considered
14 sufficient cause for the governor or legislative council to ask for the
15 resignation of the member whom the governor or legislative council
16 appointed.
17 SECTION 18. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
18 SECTION 265, IS AMENDED TO READ AS FOLLOWS
19 [EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees consists of
20 nine (9) eleven (11) members who shall serve terms of four (4) years.
21 However, the term of a student member of the board of trustees is two
22 (2) years.
23 SECTION 19. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
24 SECTION 265, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
26 trustees appointed by the governor must include at least the
27 following:
28 (1) One (1) member who is an alumnus of the University of
29 Southern Indiana or an alumnus of the regional campus.
30 (2) One (1) member who is a full-time student in good standing
31 enrolled in the University of Southern Indiana.
32 (3) One (1) member who is a resident of Vanderburgh County.
33 SECTION 20. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
34 SECTION 265, IS AMENDED TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
36 nine (9) of the members of the board of trustees.
37 (b) The legislative council shall appoint two (2) at-large
38 members to the board of trustees. The members appointed under
39 this subsection may not be members of the general assembly.
40 (b) (c) If a vacancy occurs during the term of any member, the
41 governor appointing authority shall appoint an individual to serve the
42 unexpired term of the vacating member.
SB 202—LS 6786/DI 110 6
1 SECTION 21. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
2 SECTION 266, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
4 ten (10) twelve (12) trustees.
5 SECTION 22. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
6 SECTION 266, IS AMENDED TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) members of the
8 board of trustees shall be appointed by the governor, one (1) of whom
9 must be a resident of Knox County and one (1) of whom must be an
10 alumnus of Vincennes University. In addition, the governor shall
11 appoint one (1) trustee who is a full-time student of Vincennes
12 University during the student's term.
13 (b) The legislative council shall appoint two (2) at-large
14 members to the board of trustees. The members appointed under
15 this subsection may not be members of the general assembly.
16 SECTION 23. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
17 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
19 committee to do the following:
20 (1) Review and recommend faculty employment policies
21 concerning cultural and intellectual diversity issues.
22 (2) Review faculty and administration personnel complaints
23 concerning cultural and intellectual diversity issues.
24 (3) Make recommendations to promote and maintain cultural and
25 intellectual diversity among faculty members.
26 (4) Make recommendations to promote recruitment and retention
27 of minority underrepresented students.
28 (b) The diversity committee shall issue an annual report stating the
29 findings, conclusions, and recommendations of the committee to the
30 board of trustees.
31 SECTION 24. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
34 committee at the home campus and at each regional campus to do the
35 following:
36 (1) Review and recommend faculty employment policies
37 concerning cultural and intellectual diversity issues.
38 (2) Review faculty and administration personnel complaints
39 concerning cultural and intellectual diversity issues.
40 (3) Make recommendations to promote and maintain cultural and
41 intellectual diversity among faculty members.
42 (4) Make recommendations to promote recruitment and retention
SB 202—LS 6786/DI 110 7
1 of minority underrepresented students.
2 (b) The diversity committee shall issue an annual report stating the
3 findings, conclusions, and recommendations of the committee to the
4 board of trustees.
5 SECTION 25. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
6 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
8 committee to do the following:
9 (1) Review and recommend faculty employment policies
10 concerning cultural and intellectual diversity issues.
11 (2) Review faculty and administration personnel complaints
12 concerning cultural and intellectual diversity issues.
13 (3) Make recommendations to promote and maintain cultural and
14 intellectual diversity among faculty members.
15 (4) Make recommendations to promote recruitment and retention
16 of minority underrepresented students.
17 (b) The diversity committee shall issue an annual report stating the
18 findings, conclusions, and recommendations of the committee to the
19 board of trustees.
20 SECTION 26. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
21 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
23 committee at the home campus and at each campus to do the following:
24 (1) Review and recommend faculty employment policies
25 concerning cultural and intellectual diversity issues.
26 (2) Review faculty and administration personnel complaints
27 concerning cultural and intellectual diversity issues.
28 (3) Make recommendations to promote and maintain cultural and
29 intellectual diversity among faculty members.
30 (4) Make recommendations to promote recruitment and retention
31 of minority underrepresented students.
32 (b) The diversity committee shall issue an annual report stating the
33 findings, conclusions, and recommendations of the committee to the
34 state board.
35 SECTION 27. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
38 committee at the home campus and at each regional campus to do the
39 following:
40 (1) Review and recommend faculty employment policies
41 concerning cultural and intellectual diversity issues.
42 (2) Review faculty and administration personnel complaints
SB 202—LS 6786/DI 110 8
1 concerning cultural and intellectual diversity issues.
2 (3) Make recommendations to promote and maintain cultural and
3 intellectual diversity among faculty members.
4 (4) Make recommendations to promote recruitment and retention
5 of minority underrepresented students.
6 (b) The diversity committee shall issue an annual report stating the
7 findings, conclusions, and recommendations of the committee to the
8 board of trustees.
9 SECTION 28. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
10 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
12 to do the following:
13 (1) Review and recommend faculty employment policies
14 concerning cultural and intellectual diversity issues.
15 (2) Review faculty and administration personnel complaints
16 concerning cultural and intellectual diversity issues.
17 (3) Make recommendations to promote and maintain cultural and
18 intellectual diversity among faculty members.
19 (4) Make recommendations to promote recruitment and retention
20 of minority underrepresented students.
21 (b) The diversity committee shall issue an annual report stating the
22 findings, conclusions, and recommendations of the committee to the
23 board.
24 SECTION 29. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
25 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
27 committee at the home campus and at each regional campus to do the
28 following:
29 (1) Review and recommend faculty employment policies
30 concerning cultural and intellectual diversity issues.
31 (2) Review faculty and administration personnel complaints
32 concerning cultural and intellectual diversity issues.
33 (3) Make recommendations to promote and maintain cultural and
34 intellectual diversity among faculty members.
35 (4) Make recommendations to promote recruitment and retention
36 of minority underrepresented students.
37 (b) The diversity committee shall issue an annual report stating the
38 findings, conclusions, and recommendations of the committee to the
39 board of trustees.
40 SECTION 30. IC 21-38-2-1, AS ADDED BY P.L.2-2007,
41 SECTION 279, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies to the
SB 202—LS 6786/DI 110 9
1 boards of trustees of the following state educational institutions:
2 (1) Indiana University.
3 (2) Purdue University.
4 (3) Indiana State University.
5 (4) Ball State University.
6 (b) Except as provided in section 7 of this chapter, each member
7 of the board of trustees of a state educational institution is entitled to
8 the minimum salary per diem provided by IC 4-10-11-2.1(b). The
9 member is also entitled to reimbursement for traveling expenses as
10 provided under IC 4-13-1-4 and other expenses actually incurred in
11 connection with the member's duties as provided in the state policies
12 and procedures established by the Indiana department of administration
13 and approved by the budget agency.
14 SECTION 31. IC 21-38-2-3, AS AMENDED BY P.L.3-2008,
15 SECTION 145, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
17 section 7 of this chapter, a member of the board of trustees of Ivy
18 Tech Community College is entitled to the minimum salary per diem
19 provided by IC 4-10-11-2.1(b), unless the member holds another
20 position that is considered a lucrative office within the meaning of
21 Article 2, Section 9 of the Constitution of the State of Indiana.
22 (b) A member of the board of trustees of Ivy Tech Community
23 College is entitled to reimbursement for travel expenses and other
24 expenses actually incurred in connection with the member's duties as
25 provided in the state policies and procedures established by the Indiana
26 department of administration and approved by the budget agency.
27 SECTION 32. IC 21-38-2-5, AS ADDED BY P.L.2-2007,
28 SECTION 279, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided in section
30 7 of this chapter, each member of the board of trustees of the
31 University of Southern Indiana is entitled to the minimum salary per
32 diem provided by IC 4-10-11-2.1(b). Each member is also entitled to
33 reimbursement for traveling expenses and other expenses actually
34 incurred in connection with the member's duties, as provided in the
35 state travel policies and procedures established by the department of
36 administration and approved by the budget agency.
37 SECTION 33. IC 21-38-2-6, AS ADDED BY P.L.2-2007,
38 SECTION 279, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 6. Except as provided in section
40 7 of this chapter, the members of the board of trustees of Vincennes
41 University shall serve without compensation, except that each member
42 is entitled to the salary per diem as provided by IC 4-10-11-2.1 and to
SB 202—LS 6786/DI 110 10
1 reimbursement for travel, lodging, meals, and other expenses as
2 provided in the state travel policies and procedures established by the
3 Indiana department of administration and approved by the budget
4 agency.
5 SECTION 34. IC 21-38-2-7 IS ADDED TO THE INDIANA CODE
6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
7 1, 2024]: Sec. 7. Any member of a board of trustees of a state
8 educational institution who is a state employee:
9 (1) is not entitled to a minimum salary per diem provided by
10 IC 4-10-11-2.1; and
11 (2) is entitled to reimbursement for traveling expenses as
12 provided under IC 4-13-1-4 and other expenses actually
13 incurred in connection with the member's duties as provided
14 in the state policies and procedures established by the Indiana
15 department of administration and approved by the budget
16 agency.
17 SECTION 35. IC 21-38-10 IS ADDED TO THE INDIANA CODE
18 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]:
20 Chapter 10. Diversity Programming
21 Sec. 1. A state educational institution that establishes, supports,
22 sustains, or employs an office or individual whose primary duties
23 include coordinating, creating, developing, designing,
24 implementing, organizing, planning, or promoting noncredit
25 earning diversity programming shall include within the mission of
26 the office or position programming that substantially promotes
27 both cultural and intellectual diversity.
28 SECTION 36. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2024]: Sec. 12. A state educational institution shall:
31 (1) create student protected expressive activity policies that are
32 consistent with this chapter;
33 (2) create a policy that includes a range of disciplinary actions
34 with regard to an employee, student, student organization, or
35 contractor of the state educational institution that materially
36 and substantially disrupts the protected expressive activity of
37 another employee, student, student organization, or
38 contractor of the state educational institution;
39 (2) (3) make protected expressive activity policies created under
40 subdivisions (1) and (2) public in the state educational
41 institution's handbooks, on the state educational institution's
42 Internet web site, website, and at the state educational institution's
SB 202—LS 6786/DI 110 11
1 student orientation programs; and
2 (3) (4) develop materials, programs, and procedures to ensure that
3 individuals who are responsible for disciplining and educating
4 students, including administrators, campus police officers,
5 residence life officials, and professors, understand the policies,
6 regulations, and duties of the state educational institution
7 regarding protected expressive activity on campus.
8 SECTION 37. IC 21-39.5 IS ADDED TO THE INDIANA CODE
9 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2024]:
11 ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
12 THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
13 AND INTELLECTUAL DIVERSITY
14 Chapter 1. Definitions
15 Sec. 1. The definitions in this chapter apply throughout this
16 article.
17 Sec. 2. "Board of trustees" refers to the board of trustees of
18 each of the following:
19 (1) Ball State University.
20 (2) Indiana State University.
21 (3) Indiana University.
22 (4) Ivy Tech Community College.
23 (5) Purdue University.
24 (6) University of Southern Indiana.
25 (7) Vincennes University.
26 Sec. 3. "Faculty member" means an employee of an institution
27 whose employment duties include teaching or mentoring students
28 of the institution.
29 Sec. 4. "Institution" refers to a state educational institution.
30 Sec. 5. "Intellectual diversity" means multiple, divergent, and
31 varied scholarly perspectives on an extensive range of public policy
32 issues.
33 Sec. 6. "Promotion" means the advancement of a faculty
34 member's employment position to a higher rank, level, or
35 distinction within an institution.
36 Sec. 7. "Tenure" means a status of continuous employment
37 granted to a faculty member of an institution in which the faculty
38 member may not be dismissed except for good cause or in
39 accordance with one (1) or more of the following:
40 (1) The policies and procedures adopted by the institution.
41 (2) An employment agreement entered into between the
42 institution and faculty member.
SB 202—LS 6786/DI 110 12
1 Chapter 2. Tenure, Promotion, Employment, Complaints, and
2 Disciplinary Actions
3 Sec. 1. (a) This section applies to an institution that grants
4 tenure or promotions to faculty members.
5 (b) Each board of trustees of an institution shall establish a
6 policy that provides that a faculty member may not be granted
7 tenure or a promotion by the institution if, based on past
8 performance or other determination by the board of trustees, the
9 faculty member is:
10 (1) unlikely to foster a culture of free inquiry, free expression,
11 and intellectual diversity within the institution;
12 (2) unlikely to expose students to scholarly works from a
13 variety of political or ideological frameworks that may exist
14 within and are applicable to the faculty member's academic
15 discipline; or
16 (3) likely, while performing teaching or mentoring duties
17 within the scope of the faculty member's employment, to
18 subject students to political or ideological views and opinions
19 that are unrelated to the faculty member's academic
20 discipline or assigned course of instruction.
21 Sec. 2. (a) Not later than five (5) years after the date that a
22 faculty member is granted tenure by an institution and not later
23 than every five (5) years thereafter, the board of trustees of an
24 institution shall review and determine whether the faculty member
25 has:
26 (1) helped the institution foster a culture of free inquiry, free
27 expression, and intellectual diversity within the institution;
28 (2) introduced students to scholarly works from a variety of
29 political or ideological frameworks that may exist within the
30 faculty member's academic discipline or within courses the
31 faculty member has taught;
32 (3) while performing teaching or mentoring duties within the
33 scope of the faculty member's employment, refrained from
34 subjecting students to views and opinions concerning matters
35 not related to the faculty member's academic discipline or
36 assigned course of instruction;
37 (4) adequately performed academic duties and obligations;
38 and
39 (5) met any other criteria established by the board of trustees.
40 (b) If the board of trustees of an institution reviews and makes
41 a determination that a faculty member meets the criteria under
42 subsection (a), the board of trustees shall certify that the board
SB 202—LS 6786/DI 110 13
1 reviewed and made a determination that the faculty member met
2 the criteria.
3 (c) In determining whether a faculty member has adequately
4 performed academic duties and obligations under subsection (a)(4),
5 the board of trustees of an institution may not consider the
6 following actions by a faculty member:
7 (1) Expressing dissent or engaging in research or public
8 commentary on subjects.
9 (2) Criticizing the institution's leadership.
10 (3) Engaging in any political activity conducted outside the
11 faculty member's teaching or mentoring duties at the
12 institution.
13 (d) The institution shall adopt a policy that establishes
14 disciplinary actions, including:
15 (1) termination;
16 (2) demotion;
17 (3) salary reduction;
18 (4) other disciplinary action as determined by the institution;
19 or
20 (5) any combination of subdivisions (1) through (4);
21 that the institution will take if the board of trustees determines in
22 a review conducted under subsection (a) that a tenured faculty
23 member has failed to meet one (1) or more of the criteria described
24 in subsection (a)(1) through (a)(5).
25 (e) The board of trustees of each institution shall, at least every
26 five (5) years, review and renew or amend:
27 (1) the process for reviewing and making a determination
28 under subsection (a); and
29 (2) any criteria established under subsection (a)(5).
30 Sec. 3. (a) This section applies to the following:
31 (1) A faculty member.
32 (2) A person with whom the institution contracts to teach or
33 mentor a student of the institution.
34 (b) Before an institution:
35 (1) renews an employment agreement or other contract with;
36 (2) makes a bonus decision regarding; or
37 (3) completes a review or performance assessment of;
38 a faculty member or person described in subsection (a), the
39 institution shall give substantial consideration to the faculty
40 member's or person's performance regarding the criteria
41 described in section 2(a)(1) through 2(a)(5) of this chapter.
42 Sec. 4. (a) Each institution shall do the following:
SB 202—LS 6786/DI 110 14
1 (1) Establish a procedure that allows both students and
2 employees to submit complaints that a faculty member or
3 person described in section 3(a) of this chapter is not meeting
4 the criteria described in section 2(a)(1) through 2(a)(5) of this
5 chapter.
6 (2) Provide information regarding the procedure established
7 under subdivision (1):
8 (A) at student orientations;
9 (B) on the institution's website; and
10 (C) during employee onboarding programs.
11 (3) Refer complaints submitted under subdivision (1) to
12 appropriate human resource professionals and supervisors
13 for consideration in employee reviews and tenure and
14 promotion decisions.
15 (4) Make complaints submitted under subdivision (1) and any
16 relevant documents, summaries, or investigations available to
17 the board of trustees of the institution.
18 (5) Not later than April 1, 2025, and not later than April 1
19 each year thereafter, submit a report to the commission for
20 higher education that summarizes the following:
21 (A) The procedure that the institution established under
22 subdivision (1) for the submission of complaints.
23 (B) How and when the institution has provided or made
24 available the information concerning the submission of
25 complaints procedure to students, faculty members, other
26 employees, and contractors of the institution.
27 (C) The number of complaints submitted, disaggregated by
28 a brief description of the types or categories of complaints
29 submitted, during the previous calendar year.
30 (b) The commission for higher education shall do the following:
31 (1) Prepare a report that provides the following information:
32 (A) The total number of complaint submissions that each
33 institution received as provided by the institution under
34 subsection (a)(5).
35 (B) The number of complaint submissions as described in
36 clause (A), disaggregated by a brief description of the types
37 or categories of complaints submitted.
38 (2) Not later than July 1, 2025, and not later than July 1 of
39 each odd-numbered year thereafter, submit the report
40 described in subdivision (1) to the following:
41 (A) The legislative council in an electronic format under
42 IC 5-14-6.
SB 202—LS 6786/DI 110 15
1 (B) The budget committee.
2 (c) An institution and the commission for higher education may
3 not include information in a report submitted under this section
4 that identifies the following:
5 (1) A student or employee who submits a complaint under this
6 section.
7 (2) A faculty member or person described in section 3(a)(2) of
8 this chapter against whom a complaint was submitted.
9 Sec. 5. If an institution is unable to fully comply with this
10 chapter due to an employment agreement entered into with a
11 faculty member or person described in section 3(a) of this chapter
12 before July 1, 2024, the institution shall attempt to comply with this
13 chapter to the extent possible under the employment agreement
14 with the faculty member or person.
15 Sec. 6. Nothing in this chapter prohibits or restricts a board of
16 trustees of an institution from establishing additional policies or
17 criteria.
18 Chapter 3. Requirements Regarding Students, Employees,
19 Contractors, and Applicants
20 Sec. 1. (a) This section applies to the following:
21 (1) An applicant for admission, enrollment, or employment at
22 an institution.
23 (2) An employee of the institution.
24 (3) A person with whom the institution contracts to teach or
25 mentor a student of the institution.
26 (b) An institution may not require an applicant, an employee, or
27 a person described in subsection (a) to pledge allegiance to or make
28 a statement of personal support for any:
29 (1) policy or action that would treat similarly situated people
30 or groups of people differently based on the race, color,
31 national origin, sex, sexual orientation, or religion; or
32 (2) political or ideological movement.
33 (c) If an institution receives a pledge or statement described in
34 subsection (b), including any statement regarding diversity, equity,
35 and inclusion, or related topics, the institution may not award:
36 (1) admission, enrollment, or employment;
37 (2) benefits;
38 (3) hiring, reappointment, or promotion; or
39 (4) granting tenure;
40 to an applicant, an employee, or a person described in subsection
41 (a) on the basis of the viewpoints expressed in the pledge or
42 statement.
SB 202—LS 6786/DI 110 16
1 Sec. 2. An institution shall include the following information in
2 the institution's programming for new students:
3 (1) The importance of:
4 (A) free inquiry and free expression; and
5 (B) intellectual diversity of viewpoints.
6 (2) The appropriate and inappropriate responses to speech
7 that a student finds offensive or disagreeable.
8 Chapter. 4. Policy on Neutrality
9 Sec. 1. The board of trustees of each institution shall adopt a
10 policy on the neutrality of the institution that makes a distinction
11 between the official positions of the institution, including its
12 schools, colleges, and departments, from the individual viewpoints
13 of the institution's employees, contractors, students, and alumni.
14 Sec. 2. A policy adopted under section 1 of this chapter must
15 limit the circumstances in which an employee or group of
16 employees from the institution may establish an official institution,
17 school, college, or department position on political, moral, or
18 ideological issues to only those circumstances that affect the core
19 mission of the institution and its values of free inquiry, free
20 expression, and intellectual diversity.
21 Sec. 3. Nothing in this chapter may be construed to limit the:
22 (1) free speech of any individual beyond any employment
23 requirements established by the institution; or
24 (2) ability of an institution to advocate for state funding or
25 educational policies to the state or federal government.
26 Chapter 5. Reporting Requirements
27 Sec. 1. The commission for higher education may establish a
28 student survey that attempts to collect information from students
29 of an institution regarding the current perceptions of whether free
30 speech and academic freedom are recognized and fostered by the
31 institution in a manner that welcomes expression of different
32 opinions and ideologies with respect to, but not limited to, classes,
33 faculty members and other instructors, peer interactions, speakers,
34 and campus groups.
35 Sec. 2. If the commission for higher education establishes a
36 student survey under section 1 of this chapter, each institution may
37 promote and provide to students the survey established under
38 section 1 of this chapter.
39 Sec. 3. If the commission for higher education establishes a
40 student survey under section 1 of this chapter, the commission for
41 higher education may do the following:
42 (1) Prepare a biennial report that summarizes, for each
SB 202—LS 6786/DI 110 17
1 institution, the information collected from the student survey
2 responses.
3 (2) Submit the report described in subdivision (1) to the
4 legislative council in an electronic format under IC 5-14-6.
5 (3) Post the report on the commission for higher education's
6 website.
7 Sec. 4. (a) Not later than May 1, 2025, and not later than May 1
8 of each odd-numbered year thereafter, each institution shall
9 submit data to the commission for higher education describing the
10 institution's budget allocations for diversity, equity, and inclusion
11 initiatives.
12 (b) The commission for higher education shall do the following:
13 (1) Prepare a report that summarizes the information in the
14 reports submitted by the institutions under subsection (a).
15 (2) Not later than July 1, 2025, and not later than July 1 of
16 each odd-numbered year thereafter, submit the report
17 described in subdivision (1) to:
18 (A) The legislative council in an electronic format under
19 IC 5-14-6.
20 (B) The budget committee.
21 (c) The commission for higher education shall do the following:
22 (1) Establish guidelines for institutions regarding initiatives
23 that are considered diversity, equity, and inclusion initiatives
24 under subsection (a).
25 (2) Post the guidelines established under subdivision (1) on the
26 commission for higher education's website.
27 Sec. 5. An institution and the commission for higher education
28 may not include information in a report submitted under this
29 chapter that identifies an individual student.
30 Chapter 6. Construction and Enforcement
31 Sec. 1. Nothing in this article may be construed to do the
32 following:
33 (1) Preclude efforts to gauge an applicant's commitment,
34 plans, or past performance in fostering intellectual diversity.
35 (2) Prohibit an institution from:
36 (A) requiring a student, faculty member, contractor, or
37 any other employee of the institution to comply with
38 federal or state antidiscrimination laws; or
39 (B) taking action against a student, faculty member,
40 contractor, or any other employee of the institution for a
41 violation of federal or state antidiscrimination laws.
42 (3) Limit or restrict the academic freedom of faculty members
SB 202—LS 6786/DI 110 18
1 or prevent faculty members from teaching, researching, or
2 writing publications about diversity, equity, and inclusion or
3 other topics.
4 (4) Prohibit an institution from considering the subject matter
5 competency of any candidate for employment, reappointment,
6 tenure, or promotion when the subject matter is germane to
7 the candidate's or faculty member's field of scholarship.
8 (5) Prohibit an institution from considering the candidate's or
9 faculty member's past or potential for future contributions to
10 fostering a culture of intellectual diversity at the institution.
11 (6) Prohibit an institution from complying with federal
12 requirements to be eligible for federal grants.
13 Sec. 2. (a) As used in this chapter, "petitioner" means any of the
14 following:
15 (1) A student of an institution.
16 (2) An employee of an institution.
17 (3) A contractor of an institution.
18 (4) An applicant for admission, enrollment, or employment
19 with the institution.
20 (b) After completing any applicable complaint process
21 established by the institution regarding a violation of this article,
22 a petitioner who is not satisfied with a final decision by the
23 institution regarding a complaint of a violation of this article, may
24 submit a request to the commission for higher education, on a form
25 prescribed by the commission for higher education, to review any
26 complaint by the petitioner and decision by the institution, as
27 applicable.
28 (c) The commission for higher education shall review the
29 request submitted under subsection (b) and issue a final order
30 regarding the request not later than sixty (60) days after the date
31 that the commission for higher education receives the request.
32 SECTION 38. IC 21-49-4 IS ADDED TO THE INDIANA CODE
33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2024]:
35 Chapter 4. State Educational Institution Information Reporting
36 Sec. 1. Each state educational institution shall, at the time the
37 state educational institution submits its legislative budget request,
38 submit to the budget committee a report that includes the following
39 information:
40 (1) For each academic year, beginning with the 2000-2001
41 academic year, the total number of state educational
42 institution:
SB 202—LS 6786/DI 110 19
1 (A) full-time and tenured professors;
2 (B) adjunct instructors;
3 (C) other contingent faculty; and
4 (D) nonacademic support or administrative employees.
5 (2) For each academic year, the total number of employees at
6 the state educational institution whose primary or secondary
7 job duties or job titles include diversity, equity, and inclusion.
8 (3) For each academic year, the total number of state
9 educational institution adjudications or proceedings
10 regarding violations of policies regarding diversity, equity,
11 and inclusion or harassment.
12 (4) A list and description of what the state educational
13 institution does to ensure free speech rights of students.
14 (5) A list and description of what the state educational
15 institution does to ensure intellectual freedom for professors.
16 (6) A list and description of what the state educational
17 institution does to ensure intellectual and ideological diversity
18 of professors.
SB 202—LS 6786/DI 110 20
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 202, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
following eleven (11) members:
(1) Nine (9) members appointed by the governor as follows:
(1) (A) Six (6) members who must be at large.
(2) (B) Two (2) members who must be alumni of Ball State
University.
(3) (C) One (1) member who must be a Ball State University
student.
(2) Two (2) at-large members appointed by the legislative
council who are not members of the general assembly.
SECTION 2. IC 21-19-3-3 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 3. Not more than six (6) of the nonstudent members of the
board of trustees may be of the same sex.
SECTION 3. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
death, incapacitation, or resignation shall be filled by appointment of
the governor appropriate appointing authority for the unexpired
term. Vacancies in offices held by alumni members shall be filled from
nominees submitted by the Ball State University alumni council.
SECTION 4. IC 21-20-3-2, AS ADDED BY P.L.2-2007, SECTION
261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees has nine (9) eleven (11)
members.
SECTION 5. IC 21-20-3-3 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 3. This section does not apply to the student trustee
appointed to the board of trustees. Not more than:
(1) one (1) of the trustees elected to the board of trustees; and
(2) two (2) of the trustees appointed to the board of trustees;
may reside in the same county.
SECTION 6. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
SB 202—LS 6786/DI 110 21
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 12. (a) The governor shall appoint five (5)
members of the board of trustees. for
(b) The legislative council shall appoint two (2) at-large
members of the board of trustees who are not members of the
general assembly.
(c) The members appointed under this section shall serve terms
of three (3) years.
(b) (d) Whenever a vacancy occurs in the membership of the board
of trustees who are appointed by the governor or legislative council
because of death or resignation or for any other reason, the vacancy
shall be filled by an appointment of the governor original appointing
authority for the unexpired term.
SECTION 7. IC 21-21-3-2, AS ADDED BY P.L.2-2007, SECTION
262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
following eleven (11) trustees:
(1) Nine (9) members appointed by the governor as follows:
(1) (A) Seven (7) competent individuals, one (1) of whom
must be a student.
(2) (B) Two (2) competent individuals who are alumni of
Indiana State University nominated by the alumni council of
Indiana State University.
(2) Two (2) at-large members appointed by the legislative
council who are not members of the general assembly.
SECTION 8. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
SECTION 9. IC 21-21-3-9, AS ADDED BY P.L.2-2007, SECTION
262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. (a) The governor appropriate appointing authority
shall fill a vacancy occurring in the board of trustees from death,
resignation, or removal from the state for the unexpired term of the
retiring trustee.
(b) The alumni council of Indiana State University shall nominate
the appointee to fill a vacancy caused by the loss of an alumni member.
SECTION 10. IC 21-22-3-1, AS ADDED BY P.L.2-2007,
SECTION 263, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. Ivy Tech Community College
shall be governed by a state board of trustees appointed by the governor
and the legislative council as provided under section 3 of this
chapter.
SECTION 11. IC 21-22-3-3, AS AMENDED BY P.L.174-2018,
SB 202—LS 6786/DI 110 22
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The number of members of the state board
of trustees must equal the number of regions established by the state
board of trustees plus one (1) three (3) additional member, members,
but shall not exceed fifteen (15) seventeen (17) total members.
(b) The legislative council shall appoint two (2) at-large
members to the state board of trustees who are not members of the
general assembly. The governor shall appoint the remaining
members described in subsection (a).
(c) The state board of trustees shall divide the state of Indiana into
regions. Each region shall be represented by one (1) trustee appointed
by the governor.
(d) Each member of the state board of trustees appointed by the
governor must have knowledge or experience in one (1) or more of the
following areas:
(1) Manufacturing.
(2) Commerce.
(3) Labor.
(4) Agriculture.
(5) State and regional economic development needs.
(6) Indiana's educational delivery system.
(e) One (1) member appointed by the governor must serve as an
at-large member. Appointments shall be for three (3) year terms, on a
staggered basis.
(b) (f) An individual who holds an elective or appointed office of
the state is not eligible to serve as a member of the state board of
trustees. A member of a campus board may be appointed to the state
board of trustees but must then resign from the campus board.
SECTION 12. IC 21-22-3-4, AS AMENDED BY P.L.174-2018,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. The governor appropriate appointing
authority shall fill all vacancies on the state board of trustees. All
members of the state board of trustees who are serving on July 1, 2018,
are entitled to serve until the ends end of their terms. At the end of a
trustee's term or otherwise upon the occurrence of a vacancy, the
governor appropriate appointing authority may appoint a trustee in
accordance with section 3 of this chapter.
SECTION 13. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
ten (10) twelve (12) members, to be appointed for the term of service
and in the manner provided by this chapter. The terms of all trustees
SB 202—LS 6786/DI 110 23
terminate on July 1 of the year in which their terms of office expire.
SECTION 14. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The governor shall appoint
ten (10) trustees, which includes the Purdue University alumni
selected under section 3 of this chapter, for Purdue University for the
term beginning on July 1 in conformity with this chapter.
(b) The general assembly urges the governor to appoint at least one
(1) resident of Allen County to the board of trustees of Purdue
University.
(c) Two (2) at-large members shall be appointed to the board of
trustees by the legislative council. The members appointed under
this subsection may not be members of the general assembly.
SECTION 15. IC 21-23-3-4 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 4. Seven (7) of the trustees shall be appointed by the
governor.
SECTION 16. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 8. In case any vacancy occurs on
the board of trustees by reason of the resignation, removal from the
state, expiration of the term of office, or otherwise of any of the trustees
appointed by the governor, applicable appointing authority, the
vacancy shall be filled by the governor applicable appointing
authority from the respective classes as provided in this section to
serve only for the unexpired term.
SECTION 17. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The acceptance of an
appointment by the governor or legislative council signifies that the
appointee will give the appointee's best efforts to the interests of
Purdue University and that the appointee will regularly attend the
meetings of the board of trustees.
(b) The secretary of the board of trustees shall report the attendance
of each meeting of the board of trustees to the governor and legislative
council regarding the respective members appointed by the
governor or legislative council. If a member is absent for two (2)
consecutive meetings without sufficient excuse, it shall be considered
sufficient cause for the governor or legislative council to ask for the
resignation of the member whom the governor or legislative council
appointed.
SECTION 18. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
SB 202—LS 6786/DI 110 24
[EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees consists of
nine (9) eleven (11) members who shall serve terms of four (4) years.
However, the term of a student member of the board of trustees is two
(2) years.
SECTION 19. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
trustees appointed by the governor must include at least the
following:
(1) One (1) member who is an alumnus of the University of
Southern Indiana or an alumnus of the regional campus.
(2) One (1) member who is a full-time student in good standing
enrolled in the University of Southern Indiana.
(3) One (1) member who is a resident of Vanderburgh County.
SECTION 20. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
nine (9) of the members of the board of trustees.
(b) The legislative council shall appoint two (2) at-large
members to the board of trustees. The members appointed under
this subsection may not be members of the general assembly.
(b) (c) If a vacancy occurs during the term of any member, the
governor appointing authority shall appoint an individual to serve the
unexpired term of the vacating member.
SECTION 21. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
ten (10) twelve (12) trustees.
SECTION 22. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) members of the
board of trustees shall be appointed by the governor, one (1) of whom
must be a resident of Knox County and one (1) of whom must be an
alumnus of Vincennes University. In addition, the governor shall
appoint one (1) trustee who is a full-time student of Vincennes
University during the student's term.
(b) The legislative council shall appoint two (2) at-large
members to the board of trustees. The members appointed under
this subsection may not be members of the general assembly.".
Page 4, between lines 9 and 10, begin a new paragraph and insert:
"SECTION 30. IC 21-38-2-1, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
SB 202—LS 6786/DI 110 25
[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies to the
boards of trustees of the following state educational institutions:
(1) Indiana University.
(2) Purdue University.
(3) Indiana State University.
(4) Ball State University.
(b) Except as provided in section 7 of this chapter, each member
of the board of trustees of a state educational institution is entitled to
the minimum salary per diem provided by IC 4-10-11-2.1(b). The
member is also entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually incurred in
connection with the member's duties as provided in the state policies
and procedures established by the Indiana department of administration
and approved by the budget agency.
SECTION 31. IC 21-38-2-3, AS AMENDED BY P.L.3-2008,
SECTION 145, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
section 7 of this chapter, a member of the board of trustees of Ivy
Tech Community College is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b), unless the member holds another
position that is considered a lucrative office within the meaning of
Article 2, Section 9 of the Constitution of the State of Indiana.
(b) A member of the board of trustees of Ivy Tech Community
College is entitled to reimbursement for travel expenses and other
expenses actually incurred in connection with the member's duties as
provided in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
SECTION 32. IC 21-38-2-5, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided in section
7 of this chapter, each member of the board of trustees of the
University of Southern Indiana is entitled to the minimum salary per
diem provided by IC 4-10-11-2.1(b). Each member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the department of
administration and approved by the budget agency.
SECTION 33. IC 21-38-2-6, AS ADDED BY P.L.2-2007,
SECTION 279, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. Except as provided in section
7 of this chapter, the members of the board of trustees of Vincennes
University shall serve without compensation, except that each member
SB 202—LS 6786/DI 110 26
is entitled to the salary per diem as provided by IC 4-10-11-2.1 and to
reimbursement for travel, lodging, meals, and other expenses as
provided in the state travel policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
SECTION 34. IC 21-38-2-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 7. Any member of a board of trustees of a state
educational institution who is a state employee:
(1) is not entitled to a minimum salary per diem provided by
IC 4-10-11-2.1; and
(2) is entitled to reimbursement for traveling expenses as
provided under IC 4-13-1-4 and other expenses actually
incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget
agency.".
Page 12, after line 24, begin a new paragraph and insert:
"SECTION 39. IC 21-49-4 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]:
Chapter 4. State Educational Institution Information Reporting
Sec. 1. Each state educational institution shall, at the time the
state educational institution submits its legislative budget request,
submit to the budget committee a report that includes the following
information:
(1) For each academic year, beginning with the 2000-2001
academic year, the total number of state educational
institution:
(A) full-time and tenured professors;
(B) adjunct instructors;
(C) other contingent faculty; and
(D) nonacademic support or administrative employees.
(2) For each academic year, the total number of employees at
the state educational institution whose primary or secondary
job duties or job titles include diversity, equity, and inclusion.
(3) For each academic year, the total number of state
educational institution adjudications or proceedings
regarding violations of policies regarding diversity, equity,
and inclusion or harassment.
(4) A list and description of what the state educational
institution does to ensure free speech rights of students.
SB 202—LS 6786/DI 110 27
(5) A list and description of what the state educational
institution does to ensure intellectual freedom for professors.
(6) A list and description of what the state educational
institution does to ensure intellectual and ideological diversity
of professors.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 202 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
SB 202—LS 6786/DI 110