Indiana Senate Bill SB0202 Engrossed / Bill

                    *ES0202.2*
Reprinted
February 27, 2024
ENGROSSED
SENATE BILL No. 202
_____
DIGEST OF SB 202 (Updated February 26, 2024 5:44 pm - DI 152)
Citations Affected:  IC 4-15; 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. 
(Continued next page)
Effective:  July 1, 2024.
Deery, Raatz, Johnson T, Byrne,
Donato, Crane, Rogers
(HOUSE SPONSORS — BEHNING, DAVIS, TESHKA, HEATON)
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, amended, ordered engrossed.
February 6, 2024, engrossed. Read third time, passed. Yeas 39, nays 9.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Education.
February 22, 2024, amended, reported — Do Pass.
February 26, 2024, read second time, amended, ordered engrossed.
ES 202—LS 6786/DI 110 Digest Continued
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
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 complaints submitted
regarding faculty members or contractors who are not meeting certain
criteria related to free inquiry, free expression, and intellectual
diversity. (11) Provides that certain individuals may request the
commission to review a final decision by an institution concerning a
violation of these provisions. Provides that the commission may enter
into an agreement with the office of administrative law proceedings to
review violations of certain provisions and issue an opinion on behalf
of the commission. Requires each institution to submit certain
information by September 1, 2024, and on September 1 of each year
thereafter. 
ES 202—LS 6786/DI 110ES 202—LS 6786/DI 110 Reprinted
February 27, 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.
ENGROSSED
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 4-15-10.5-4, AS ADDED BY P.L.205-2019,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
4 used in this chapter, "agency" means an authority, board, branch,
5 bureau, commission, committee, council, department, division, office,
6 service, or other instrumentality of the executive, including the
7 administrative, department of state government. The term does not
8 include any of the following:
9 (1) Any body corporate and politic set up as an instrumentality of
10 the state.
11 (2) Any private, nonprofit, government related corporation.
12 (3) The judicial department of state government.
13 (4) The legislative department of state government.
14 (5) A state educational institution.
15 (6) A political subdivision.
ES 202—LS 6786/DI 110 2
1 (b) The term includes a state educational institution if the office,
2 pursuant to IC 21-39.5-6-2(d), reviews a state educational
3 institution's final decision regarding a violation of IC 21-39.5 and
4 issues an opinion on behalf of the commission for higher education.
5 SECTION 2. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2024]: Sec. 5. (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 and 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 3. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
23 committee at the home campus and at each regional campus to do the
24 following:
25 (1) Review and recommend faculty employment policies
26 concerning cultural and intellectual diversity issues.
27 (2) Review faculty and administration personnel complaints
28 concerning cultural and intellectual diversity issues.
29 (3) Make recommendations to promote and maintain cultural and
30 intellectual diversity among faculty members.
31 (4) Make recommendations to promote recruitment and retention
32 of minority and underrepresented students.
33 (b) The diversity committee shall issue an annual report stating the
34 findings, conclusions, and recommendations of the committee to the
35 board of trustees.
36 SECTION 4. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
39 committee to do the following:
40 (1) Review and recommend faculty employment policies
41 concerning cultural and intellectual diversity issues.
42 (2) Review faculty and administration personnel complaints
ES 202—LS 6786/DI 110 3
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 and 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 5. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
10 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
12 committee at the home campus and at each campus 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 and 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 state board.
24 SECTION 6. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
25 SECTION 2, 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 and 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 7. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
41 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
ES 202—LS 6786/DI 110 4
1 to do the following:
2 (1) Review and recommend faculty employment policies
3 concerning cultural and intellectual diversity issues.
4 (2) Review faculty and administration personnel complaints
5 concerning cultural and intellectual diversity issues.
6 (3) Make recommendations to promote and maintain cultural and
7 intellectual diversity among faculty members.
8 (4) Make recommendations to promote recruitment and retention
9 of minority and underrepresented students.
10 (b) The diversity committee shall issue an annual report stating the
11 findings, conclusions, and recommendations of the committee to the
12 board.
13 SECTION 8. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
16 committee at the home campus and at each regional campus to do the
17 following:
18 (1) Review and recommend faculty employment policies
19 concerning cultural and intellectual diversity issues.
20 (2) Review faculty and administration personnel complaints
21 concerning cultural and intellectual diversity issues.
22 (3) Make recommendations to promote and maintain cultural and
23 intellectual diversity among faculty members.
24 (4) Make recommendations to promote recruitment and retention
25 of minority and underrepresented students.
26 (b) The diversity committee shall issue an annual report stating the
27 findings, conclusions, and recommendations of the committee to the
28 board of trustees.
29 SECTION 9. IC 21-38-10 IS ADDED TO THE INDIANA CODE
30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]:
32 Chapter 10. Diversity Programming
33 Sec. 1. A state educational institution that establishes, supports,
34 sustains, or employs an office or individual whose primary duties
35 include coordinating, creating, developing, designing,
36 implementing, organizing, planning, or promoting noncredit
37 earning diversity programming shall include within the mission of
38 the office or position programming that substantially promotes
39 both cultural and intellectual diversity.
40 SECTION 10. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 12. A state educational institution shall:
ES 202—LS 6786/DI 110 5
1 (1) create student protected expressive activity policies that are
2 consistent with this chapter;
3 (2) create a policy that includes a range of disciplinary actions
4 with regard to an employee, student, student organization, or
5 contractor of the state educational institution that materially
6 and substantially disrupts the protected expressive activity of
7 another employee, student, student organization, or
8 contractor of the state educational institution;
9 (2) (3) make protected expressive activity policies created under
10 subdivisions (1) and (2) public in the state educational
11 institution's handbooks, on the state educational institution's
12 Internet web site, website, and at the state educational institution's
13 student orientation programs; and
14 (3) (4) develop materials, programs, and procedures to ensure that
15 individuals who are responsible for disciplining and educating
16 students, including administrators, campus police officers,
17 residence life officials, and professors, understand the policies,
18 regulations, and duties of the state educational institution
19 regarding protected expressive activity on campus.
20 SECTION 11. IC 21-39.5 IS ADDED TO THE INDIANA CODE
21 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2024]:
23 ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
24 THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
25 AND INTELLECTUAL DIVERSITY
26 Chapter 1. Definitions
27 Sec. 1. The definitions in this chapter apply throughout this
28 article.
29 Sec. 2. "Board of trustees" refers to the board of trustees of
30 each of the following:
31 (1) Ball State University.
32 (2) Indiana State University.
33 (3) Indiana University.
34 (4) Ivy Tech Community College.
35 (5) Purdue University.
36 (6) University of Southern Indiana.
37 (7) Vincennes University.
38 Sec. 3. "Faculty member" means an employee of an institution
39 whose employment duties include teaching students of the
40 institution.
41 Sec. 4. "Institution" refers to a state educational institution.
42 Sec. 5. "Intellectual diversity" means multiple, divergent, and
ES 202—LS 6786/DI 110 6
1 varied scholarly perspectives on an extensive range of public policy
2 issues.
3 Sec. 6. "Promotion" means the advancement of a faculty
4 member's employment position to a higher rank, level, or
5 distinction within an institution.
6 Sec. 7. "Tenure" means a status of continuous employment
7 granted to a faculty member of an institution in which the faculty
8 member may not be dismissed except for good cause or in
9 accordance with one (1) or more of the following:
10 (1) The policies and procedures adopted by the institution.
11 (2) An employment agreement entered into between the
12 institution and faculty member.
13 Chapter 2. Tenure, Promotion, Employment, Complaints, and
14 Disciplinary Actions
15 Sec. 1. (a) This section applies to an institution that grants
16 tenure or promotions to faculty members.
17 (b) Subject to subsection (c), each board of trustees of an
18 institution shall establish a policy that provides that a faculty
19 member may not be granted tenure or a promotion by the
20 institution if, based on past performance or other determination by
21 the board of trustees, the faculty member is:
22 (1) unlikely to foster a culture of free inquiry, free expression,
23 and intellectual diversity within the institution;
24 (2) unlikely to expose students to scholarly works from a
25 variety of political or ideological frameworks that may exist
26 within and are applicable to the faculty member's academic
27 discipline; or
28 (3) likely, while performing teaching duties within the scope
29 of the faculty member's employment, to subject students to
30 political or ideological views and opinions that are unrelated
31 to the faculty member's academic discipline or assigned
32 course of instruction.
33 (c) A policy established under subsection (b) must provide that
34 the board of trustees of an institution may not consider the
35 following actions by a faculty member when determining whether
36 a faculty member may not be granted tenure or a promotion by the
37 institution:
38 (1) Expressing dissent or engaging in research or public
39 commentary on subjects.
40 (2) Criticizing the institution's leadership.
41 (3) Engaging in any political activity conducted outside the
42 faculty member's teaching or mentoring duties at the
ES 202—LS 6786/DI 110 7
1 institution.
2 Sec. 2. (a) Not later than five (5) years after the date that a
3 faculty member is granted tenure by an institution and not later
4 than every five (5) years thereafter, the board of trustees of an
5 institution shall review and determine whether the faculty member
6 has met the following criteria:
7 (1) Helped the institution foster a culture of free inquiry, free
8 expression, and intellectual diversity within the institution.
9 (2) Introduced students to scholarly works from a variety of
10 political or ideological frameworks that may exist within the
11 curricula established by the:
12 (A) board of trustees of the institution under
13 IC 21-41-2-1(b); or
14 (B) faculty of the institution acting under authority
15 delegated by the board of trustees of the institution.
16 (3) While performing teaching duties within the scope of the
17 faculty member's employment, refrained from subjecting
18 students to views and opinions concerning matters not related
19 to the faculty member's academic discipline or assigned
20 course of instruction.
21 (4) Adequately performed academic duties and obligations.
22 (5) Met any other criteria established by the board of trustees.
23 (b) If the board of trustees of an institution reviews and makes
24 a determination that a faculty member meets the criteria under
25 subsection (a), the board of trustees shall certify that the board
26 reviewed and made a determination that the faculty member met
27 the criteria.
28 (c) In determining whether a faculty member has adequately
29 met the criteria under subsection (a), the board of trustees of an
30 institution may not consider the following actions by a faculty
31 member:
32 (1) Expressing dissent or engaging in research or public
33 commentary on subjects.
34 (2) Criticizing the institution's leadership.
35 (3) Engaging in any political activity conducted outside the
36 faculty member's teaching duties at the institution.
37 (d) The institution shall adopt a policy that establishes
38 disciplinary actions, including:
39 (1) termination;
40 (2) demotion;
41 (3) salary reduction;
42 (4) other disciplinary action as determined by the institution;
ES 202—LS 6786/DI 110 8
1 or
2 (5) any combination of subdivisions (1) through (4);
3 that the institution will take if the board of trustees determines in
4 a review conducted under subsection (a) that a tenured faculty
5 member has failed to meet one (1) or more of the criteria described
6 in subsection (a)(1) through (a)(5).
7 (e) The board of trustees of each institution shall, at least every
8 five (5) years, review and renew or amend:
9 (1) the process for reviewing and making a determination
10 under subsection (a); and
11 (2) any criteria established under subsection (a)(5).
12 Sec. 3. (a) This section applies to the following:
13 (1) A faculty member.
14 (2) A person with whom the institution contracts to teach a
15 student of the institution.
16 (b) Before an institution:
17 (1) renews an employment agreement or other contract with;
18 (2) makes a bonus decision regarding; or
19 (3) completes a review or performance assessment of;
20 a faculty member or person described in subsection (a), the
21 institution shall give substantial consideration to the faculty
22 member's or person's performance regarding the criteria
23 described in section 2(a)(1) through 2(a)(5) of this chapter.
24 Sec. 4. (a) Each institution shall do the following:
25 (1) Establish a procedure that allows both students and
26 employees to submit complaints that a faculty member or
27 person described in section 3(a) of this chapter is not meeting
28 the criteria described in section 2(a)(1) through 2(a)(5) of this
29 chapter.
30 (2) Provide information regarding the procedure established
31 under subdivision (1):
32 (A) at student orientations;
33 (B) on the institution's website; and
34 (C) during employee onboarding programs.
35 (3) Refer complaints submitted under subdivision (1) to
36 appropriate human resource professionals and supervisors
37 for consideration in employee reviews and tenure and
38 promotion decisions.
39 (4) Make complaints submitted under subdivision (1) and any
40 relevant documents, summaries, or investigations available to
41 the board of trustees of the institution.
42 (5) Not later than April 1, 2025, and not later than April 1
ES 202—LS 6786/DI 110 9
1 each year thereafter, submit a report to the commission for
2 higher education that summarizes the following:
3 (A) The procedure that the institution established under
4 subdivision (1) for the submission of complaints.
5 (B) How and when the institution has provided or made
6 available the information concerning the submission of
7 complaints procedure to students, faculty members, other
8 employees, and contractors of the institution.
9 (C) The number of complaints submitted, disaggregated by
10 a brief description of the types or categories of complaints
11 submitted, during the previous calendar year.
12 (b) The commission for higher education shall do the following:
13 (1) Prepare a report that provides the following information:
14 (A) The total number of complaint submissions that each
15 institution received as provided by the institution under
16 subsection (a)(5).
17 (B) The number of complaint submissions as described in
18 clause (A), disaggregated by a brief description of the types
19 or categories of complaints submitted.
20 (2) Not later than July 1, 2025, and not later than July 1 of
21 each odd-numbered year thereafter, submit the report
22 described in subdivision (1) to the legislative council in an
23 electronic format under IC 5-14-6.
24 (c) An institution and the commission for higher education may
25 not include information in a report submitted under this section
26 that identifies the following:
27 (1) A student or employee who submits a complaint under this
28 section.
29 (2) A faculty member or person described in section 3(a)(2) of
30 this chapter against whom a complaint was submitted.
31 Sec. 5. If an institution is unable to fully comply with this
32 chapter due to an employment agreement entered into with a
33 faculty member or person described in section 3(a) of this chapter
34 before July 1, 2024, the institution shall attempt to comply with this
35 chapter to the extent possible under the employment agreement
36 with the faculty member or person.
37 Sec. 6. Nothing in this chapter prohibits or restricts a board of
38 trustees of an institution from:
39 (1) delegating responsibility under policies approved by the
40 board of trustees to conduct the faculty reviews and make the
41 determinations described in this chapter; or
42 (2) establishing additional policies or criteria.
ES 202—LS 6786/DI 110 10
1 Chapter 3. Requirements Regarding Students, Employees,
2 Contractors, and Applicants
3 Sec. 1. (a) This section applies to the following:
4 (1) An applicant for admission, enrollment, or employment at
5 an institution.
6 (2) An employee of the institution.
7 (3) A person with whom the institution contracts to teach a
8 student of the institution.
9 (b) An institution may not require an applicant, an employee, or
10 a person described in subsection (a) to pledge allegiance to or make
11 a statement of personal support for any:
12 (1) policy or action that would treat similarly situated people
13 or groups of people differently based on the race, color,
14 national origin, sex, sexual orientation, or religion; or
15 (2) political or ideological movement.
16 (c) If an institution receives a pledge or statement described in
17 subsection (b), including any statement regarding diversity, equity,
18 and inclusion, or related topics, the institution may not award:
19 (1) admission, enrollment, or employment;
20 (2) benefits;
21 (3) hiring, reappointment, or promotion; or
22 (4) granting tenure;
23 to an applicant, an employee, or a person described in subsection
24 (a) on the basis of the viewpoints expressed in the pledge or
25 statement.
26 Sec. 2. An institution shall include the following information in
27 the institution's programming for new students:
28 (1) The importance of:
29 (A) free inquiry and free expression; and
30 (B) intellectual diversity of viewpoints.
31 (2) The appropriate and inappropriate responses to speech
32 that a student finds offensive or disagreeable.
33 Chapter. 4. Policy on Neutrality
34 Sec. 1. The board of trustees of each institution shall adopt a
35 policy on the neutrality of the institution that makes a distinction
36 between the official positions of the institution, including its
37 schools, colleges, and departments, from the individual viewpoints
38 of the institution's employees, contractors, students, and alumni.
39 Sec. 2. A policy adopted under section 1 of this chapter must
40 limit the circumstances in which an employee or group of
41 employees from the institution may establish an official institution,
42 school, college, or department position on political, moral, or
ES 202—LS 6786/DI 110 11
1 ideological issues to only those circumstances that affect the core
2 mission of the institution and its values of free inquiry, free
3 expression, and intellectual diversity.
4 Sec. 3. Nothing in this chapter may be construed to limit the:
5 (1) free speech of any individual beyond any employment
6 requirements established by the institution; or
7 (2) ability of an institution to advocate for state funding or
8 educational policies to the state or federal government.
9 Chapter 5. Reporting Requirements
10 Sec. 1. The commission for higher education may establish a
11 student survey that attempts to collect information from students
12 of an institution regarding the current perceptions of whether free
13 speech and academic freedom are recognized and fostered by the
14 institution in a manner that welcomes expression of different
15 opinions and ideologies with respect to, but not limited to, classes,
16 faculty members and other instructors, peer interactions, speakers,
17 and campus groups.
18 Sec. 2. If the commission for higher education establishes a
19 student survey under section 1 of this chapter, each institution may
20 promote and provide to students the survey established under
21 section 1 of this chapter.
22 Sec. 3. If the commission for higher education establishes a
23 student survey under section 1 of this chapter, the commission for
24 higher education may do the following:
25 (1) Prepare a biennial report that summarizes, for each
26 institution, the information collected from the student survey
27 responses.
28 (2) Submit the report described in subdivision (1) to the
29 legislative council in an electronic format under IC 5-14-6.
30 (3) Post the report on the commission for higher education's
31 website.
32 Sec. 4. Not later than September 1, 2024, each institution shall
33 submit the following to the commission for higher education:
34 (1) Data describing the institution's budget allocations for
35 diversity, equity, and inclusion initiatives.
36 (2) Information regarding the definitions, guidelines, and
37 parameters the institution used in determining which
38 initiatives were considered by the institution to be diversity,
39 equity, and inclusion initiatives.
40 This section expires July 1, 2025.
41 Sec. 5. Not later than November 1, 2024, the commission for
42 higher education shall do the following:
ES 202—LS 6786/DI 110 12
1 (1) Review the information submitted by the institutions
2 under section 4 of this chapter.
3 (2) Submit a report to the budget committee regarding
4 consistent definitions, guidelines, and parameters that would
5 allow the information submitted under section 4 of this
6 chapter to be compared across institutions and academic
7 years.
8 This section expires July 1, 2025.
9 Chapter 6. Construction and Enforcement
10 Sec. 1. Nothing in this article may be construed to do the
11 following:
12 (1) Preclude efforts to gauge an applicant's commitment,
13 plans, or past performance in fostering intellectual diversity.
14 (2) Prohibit an institution from:
15 (A) requiring a student, faculty member, contractor, or
16 any other employee of the institution to comply with
17 federal or state antidiscrimination laws; or
18 (B) taking action against a student, faculty member,
19 contractor, or any other employee of the institution for a
20 violation of federal or state antidiscrimination laws.
21 (3) Limit or restrict the academic freedom of faculty members
22 or prevent faculty members from teaching, researching, or
23 writing publications about diversity, equity, and inclusion or
24 other topics.
25 (4) Prohibit an institution from considering the subject matter
26 competency of any candidate for employment, reappointment,
27 tenure, or promotion when the subject matter is germane to
28 the candidate's or faculty member's field of scholarship.
29 (5) Prohibit an institution from considering the candidate's or
30 faculty member's past or potential for future contributions to
31 fostering a culture of intellectual diversity at the institution.
32 (6) Prohibit an institution from complying with federal
33 requirements to be eligible for federal grants.
34 Sec. 2. (a) As used in this chapter, "petitioner" means any of the
35 following:
36 (1) A student of an institution.
37 (2) An employee of an institution.
38 (b) After completing any applicable complaint process
39 established by the institution regarding a violation of this article,
40 a petitioner may request that the commission for higher education
41 review the institution's final decision under the following
42 circumstances:
ES 202—LS 6786/DI 110 13
1 (1) A procedural defect materially affected the institution's
2 final decision.
3 (2) New evidence that materially affects the institution's final
4 decision and was not reasonably available at the time the final
5 decision was rendered becomes available.
6 (3) The institution's investigator had a conflict of interest or
7 bias concerning the petitioner that materially affected the
8 institution's final decision.
9 (4) The petitioner believes the institution disregarded law in
10 rendering a final decision.
11 (c) The commission for higher education shall review the
12 request submitted under subsection (b) and issue a final opinion
13 regarding the request not later than sixty (60) days after the date
14 that the commission for higher education receives the request.
15 (d) The commission for higher education may enter into an
16 agreement with the office of administrative law proceedings
17 established by IC 4-15-10.5 to carry out this section.
18 SECTION 12. IC 21-49-4 IS ADDED TO THE INDIANA CODE
19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2024]:
21 Chapter 4. State Educational Institution Information Reporting
22 Sec. 1. Not later than September 1, 2024, each state educational
23 institution shall submit to the commission for higher education the
24 following information:
25 (1) For each academic year, beginning with the 2017-2018
26 academic year, the total number of state educational
27 institution:
28 (A) full-time and tenured professors;
29 (B) adjunct instructors;
30 (C) other contingent faculty; and
31 (D) nonacademic support or administrative employees.
32 (2) For each academic year, the total number of employees at
33 the state educational institution whose primary or secondary
34 job duties or job titles include diversity, equity, and inclusion.
35 (3) For each academic year, the total number of state
36 educational institution adjudications or proceedings
37 regarding violations of policies regarding diversity, equity,
38 and inclusion or harassment.
39 (4) A list and description of what the state educational
40 institution does to ensure free speech rights of students.
41 (5) A list and description of what the state educational
42 institution does to ensure intellectual freedom for professors.
ES 202—LS 6786/DI 110 14
1 (6) A list and description of what the state educational
2 institution does to ensure intellectual and ideological diversity
3 of professors.
4 (7) Information regarding the definitions, guidelines, and
5 parameters the institution used in determining which
6 information under subdivisions (1) through (6) to include in
7 the submission under this section.
8 This section expires July 1, 2025.
9 Sec. 2. Not later than November 1, 2024, the commission for
10 higher education shall do the following:
11 (1) Review the information submitted by the institutions
12 under section 1 of this chapter.
13 (2) Submit a report to the budget committee regarding
14 consistent definitions, guidelines, and parameters that would
15 allow the information submitted under section 1 of this
16 chapter to be compared across state educational institutions
17 and academic years.
18 This section expires July 1, 2025.
19 Sec. 3. Not later than September 1, 2024, and September 1 of
20 each year thereafter, a state educational institution shall submit to
21 the state budget committee a report with the following information
22 for the preceding state fiscal year:
23 (1) The total number of state educational institution:
24 (A) full-time and tenured professors;
25 (B) adjunct instructors;
26 (C) other contingent faculty; and
27 (D) nonacademic support or administrative employees.
28 (2) The total number of employees at the state educational
29 institution whose primary or secondary job duties or job titles
30 include diversity, equity, and inclusion.
31 (3) The total number of state educational institution
32 adjudications or proceedings regarding violations of policies
33 regarding diversity, equity, and inclusion or harassment.
34 (4) A list and description of what the state educational
35 institution did to ensure free speech rights of students.
36 (5) A list and description of what the state educational
37 institution did to ensure intellectual freedom for professors.
38 (6) A list and description of what the state educational
39 institution did to ensure intellectual and ideological diversity
40 of professors.
41 (7) The institution's budget allocations for diversity, equity,
42 and inclusion initiatives.
ES 202—LS 6786/DI 110 15
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,
ES 202—LS 6786/DI 110 16
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,
ES 202—LS 6786/DI 110 17
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
ES 202—LS 6786/DI 110 18
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
ES 202—LS 6786/DI 110 19
[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
ES 202—LS 6786/DI 110 20
[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
ES 202—LS 6786/DI 110 21
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.
ES 202—LS 6786/DI 110 22
(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.
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 17, delete lines 7 through 29, begin a new paragraph and
insert:
"Sec. 4. Not later than September 1, 2024, each institution shall
submit the following to the commission for higher education and
the state budget committee:
(1) Data describing the institution's budget allocations for
diversity, equity, and inclusion initiatives.
(2) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
initiatives were considered by the institution to be diversity,
equity, and inclusion initiatives.
This section expires July 1, 2025.
Sec. 5. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 4 of this chapter.
(2) Recommend to the budget committee consistent
definitions, guidelines, and parameters that would allow the
information submitted under section 4 of this chapter to be
compared across institutions and academic years.
This section expires July 1, 2025.
Sec. 6. At the time an institution submits its legislative budget
request, the institution shall, in a manner prescribed by the state
ES 202—LS 6786/DI 110 23
budget committee, submit to the state budget committee data
describing the institution's budget allocations for diversity, equity,
and inclusion initiatives.".
Page 18, delete lines 32 through 42, begin a new paragraph and
insert:
"SECTION 38. 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. Not later than September 1, 2024, each state educational
institution shall submit to the commission for higher education and
the state budget committee the following information:
(1) For each academic year, beginning with the 2017-2018
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.
(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.
(7) Information regarding the definitions, guidelines, and
parameters the institution used in determining which
information under subdivisions (1) through (6) to include in
the submission under this section.
This section expires July 1, 2025.
Sec. 2. Not later than November 1, 2024, the commission for
higher education shall do the following:
(1) Review the information submitted by the institutions
under section 1 of this chapter.
ES 202—LS 6786/DI 110 24
(2) Recommend to the budget committee consistent
definitions, guidelines, and parameters that would allow the
information submitted under section 1 of this chapter to be
compared across state educational institutions and academic
years.
This section expires July 1, 2025.
Sec. 3. At the time a state educational institution submits its
legislative budget request, the state educational institution shall, in
a manner prescribed by the state budget committee, submit to the
state budget committee the following information:
(1) For each 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.
(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.".
Delete page 19.
(Reference is to SB 202 as printed January 26, 2024.)
DEERY
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 1, delete lines 1 through 15, begin a new paragraph and insert:
"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
ES 202—LS 6786/DI 110 25
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 2. The board of trustees is composed of the following
nine (9) members:
(1) Seven (7) members appointed by the governor as follows:
(1) (A) Six (6) members who must be at large.
(2) Two (2) members who must be alumni of Ball State
University.
(3) (B) One (1) member who must be a Ball State University
student.
(2) Two (2) members appointed as follows:
(A) One (1) member who:
(i) is appointed by the president pro tempore of the
senate with advice from the minority leader of the
senate;
(ii) is an alumnus of Ball State University; and
(iii) is not a member of the general assembly.
(B) One (1) member who:
(i) is appointed by the speaker of the house of
representatives with advice from the minority leader of
the house of representatives;
(ii) is an alumnus of Ball State University; and
(iii) is not a member of the general assembly.
SECTION 2. IC 21-19-3-3, AS AMENDED BY P.L.29-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. Not more than six (6) of the nonstudent
members of The board of trustees may be of not consist of members
who are all of the same sex.
SECTION 3. IC 21-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. (a) The Ball State University alumni council shall
designate the term and nominate a person for each of the two (2)
alumni memberships on the board of trustees.
(b) The Ball State University alumni council, through the president
of Ball State University, shall submit the names of the nominees to the
governor for the governor's immediate appointment to the board of
trustees.
SECTION 4. IC 21-19-3-7 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 7. At least thirty (30) days before the expiration of the term
of an alumni member, the Ball State University Alumni Council, or its
successor, must submit, through the president of Ball State University,
the name of the nominee to succeed the retiring alumni member. The
governor shall appoint the nominee as an alumni member of the board
of trustees.
ES 202—LS 6786/DI 110 26
SECTION 5. IC 21-19-3-8, AS ADDED BY P.L.2-2007, SECTION
260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8. (a) With the exception of the student member of the
board of trustees, Except as provided under subsections (c) and (d),
all appointments to the Ball State University board of trustees are for
four (4) year terms. Except for appointments under section 2(2) of
this chapter, each term of a nonstudent board member begins on
January 1 of the appropriate year.
(b) The term of a member continues until the member's successor is
appointed and qualified.
(c) The student member of the board of trustees is appointed for a
two (2) year term. The student member's term begins on July 1 of the
year in which the student member is appointed. The student member
must be a full-time student at Ball State University throughout the
student member's term.
(d) The term of a member appointed under section 2(2) of this
chapter shall expire on June 30 of each odd-numbered year.
SECTION 6. 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 7. IC 21-19-3-10 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 10. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 9 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(2)(A) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 9 of this chapter, after the president
pro tempore of the senate appoints an alumnus member under
subsection (c), the speaker of the house of representatives shall
appoint an alumnus member as provided under section 2(2)(B) of
this chapter upon the earlier of:
ES 202—LS 6786/DI 110 27
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 8. IC 21-20-3-3 IS REPEALED [EFFECTIVE UPON
PASSAGE]. 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 9. IC 21-20-3-4, AS AMENDED BY P.L.29-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 4. (a) Three (3) members One (1) member of
the board of trustees shall be elected by the alumni of Indiana
University under this chapter. In the year in which the term of any the
member of the board of trustees elected by the alumni expires, a
successor to the trustee shall be elected by the alumni of Indiana
University, to serve for a term of three (3) years beginning July 1 next
succeeding the election.
(b) When a vacancy occurs in the membership regarding the
member of the board of trustees who are is elected by the alumni,
because of death, resignation, or any other reason, the vacancy shall be
filled by selection by the Indiana University alumni association
executive council for the unexpired term.
SECTION 10. IC 21-20-3-5, AS ADDED BY P.L.2-2007,
SECTION 261, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 5. The members member of the
board of trustees who are is elected by the alumni of Indiana University
must be alumni an alumnus of Indiana University.
SECTION 11. IC 21-20-3-8, AS AMENDED BY P.L.29-2012,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 8. The election of members the member of
the board of trustees shall be held at Indiana University on the secular
day immediately preceding July 1. At that time trustees the trustee
shall be elected to:
(1) serve for a term of three (3) years from July 1 next succeeding
the trustee's election; and
(2) complete any unexpired term or terms.
SECTION 12. IC 21-20-3-9, AS AMENDED BY P.L.29-2012,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. The university librarian shall conduct the
ES 202—LS 6786/DI 110 28
elections to select the three (3) alumni members one (1) alumnus
member of the board of trustees elected by the alumni of Indiana
University. All alumni (as described in section 6 of this chapter) are
eligible to participate in the election either by electronic or printed
ballot, and each eligible individual may cast only one (1) vote. A
request for a printed ballot must be made in writing to the university
librarian not later than May 1 of an election year. The university
librarian may adopt rules and regulations as necessary to carry out this
section.
SECTION 13. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. (a) The governor shall appoint five (5) six
(6) members of the board of trustees, for including the student
member appointed under section 13 of this chapter.
(b) The president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member of
the board of trustees who:
(1) is an alumnus of Indiana University; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of Indiana University; and
(2) is not a member of the general assembly.
(d) Except as provided under section 13 of this chapter, the
members appointed under subsection (a) shall serve terms of three
(3) years.
(e) The term of a member appointed under subsection (b) or (c)
shall expire on June 30 of each odd-numbered year.
(b) (f) Whenever a vacancy occurs in the membership of the board
of trustees who are appointed by the governor, president pro tempore
of the senate, or speaker of the house of representatives because of
death or resignation or for any other reason, the vacancy shall be filled
by an appointment of the governor appropriate appointing authority
for the unexpired term.
SECTION 14. IC 21-20-3-12.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 12.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 15. IC 21-20-3-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) As used in this section
ES 202—LS 6786/DI 110 29
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 12(f) of this chapter, the speaker of
the house of representatives shall appoint an alumnus member as
provided under section 12(c) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 12(f) of this chapter, after the
speaker of the house of representatives appoints an alumnus
member under subsection (c), the president pro tempore of the
senate shall appoint an alumnus member as provided under section
12(b) of this chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 16. 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) trustees appointed by the governor as follows:
(1) Seven (7) competent individuals, one (1) of whom must be a
student, appointed by the governor.
(2) Two (2) competent individuals who are alumni of Indiana
State University nominated by the alumni council of Indiana State
University.
(2) One (1) member who:
(A) is appointed by the president pro tempore of the senate
with advice from the minority leader of the senate;
(B) is an alumnus of Indiana State University; and
(C) is not a member of the general assembly.
(3) One (1) member who:
(A) is appointed by the speaker of the house of
representatives with advice from the minority leader of the
house of representatives;
(B) is an alumnus of Indiana State University; and
(C) is not a member of the general assembly.
SECTION 17. IC 21-21-3-2.5 IS ADDED TO THE INDIANA
ES 202—LS 6786/DI 110 30
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of trustees who are all of the same sex.
SECTION 18. IC 21-21-3-3, AS ADDED BY P.L.2-2007,
SECTION 262, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Subject to subsection Except
as provided under subsections (b) and (c), the term of a trustee is
four (4) years.
(b) The term of a student trustee is two (2) years.
(c) The term of a member appointed under section 2(2) or 2(3)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 19. IC 21-21-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. An alumni member appointed to the board of trustees
must have completed a prescribed course of study by Indiana State
University or one (1) of the following predecessors of Indiana State
University:
(1) Indiana State Normal School.
(2) Indiana State Teachers College.
(3) Indiana State College.
SECTION 20. 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 21. 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 22. IC 21-21-3-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 10. (a) As used in this section
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 9 of this chapter, the speaker of the
house of representatives shall appoint an alumnus member as
provided under section 2(3) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
ES 202—LS 6786/DI 110 31
appointed member.
(d) Notwithstanding section 9 of this chapter, after the speaker
of the house of representatives appoints an alumnus member under
subsection (c), the president pro tempore of the senate shall
appoint an alumnus member as provided under section 2(2) of this
chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 23. IC 21-22-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. The state board of trustees
may not consist of members who are all of the same sex.
SECTION 24. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 1. The board of trustees
consists of ten (10)members, to be appointed for the term of service
and in the manner provided by this chapter. Except as provided under
section 7(c) of this chapter, the terms of all trustees terminate on July
1 of the year in which their terms of office expire.
SECTION 25. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
SECTION 237, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The governor shall
appoint ten (10) eight (8) trustees 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) The president pro tempore of the senate with advice from the
minority leader of the senate shall appoint one (1) trustee who:
(1) is an alumnus of Purdue University; and
(2) is not a member of the general assembly.
(d) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) trustee who:
(1) is an alumnus of Purdue University; and
(2) is not a member of the general assembly.
SECTION 26. IC 21-23-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
ES 202—LS 6786/DI 110 32
not consist of members who are all of the same sex.
SECTION 27. IC 21-23-3-3, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Three (3) members One
(1) member of the board of trustees shall be selected by the members
of the Purdue alumni association. One (1) of the members The
member must be a graduate of the school of agriculture. All members
The member of the board of trustees selected under this section must
be members a member of the alumni association and graduates of
Purdue University.
(b) At the annual meeting of the Purdue alumni association for the
year in which the term of office of any one (1) of the trustees the
trustee selected under this section expires, a successor shall be
selected by the members of the Purdue alumni association, in the
manner that the Purdue alumni association prescribes. The president of
the Purdue alumni association shall certify all selections made by the
Purdue alumni association.
(c) If, at any time, a vacancy occurs on the board of trustees,
occasioned by the death, resignation, expiration of term, or otherwise
of any of the members the member of the board of trustees selected by
the members of the Purdue alumni association, the vacancy shall be
filled by selection by the president of the Purdue alumni association.
The member selected to fill a vacancy serves until the next annual
meeting of the Purdue alumni association when a successor to fill out
the unexpired term shall be selected in the manner provided in
subsection (b). The member selected by the Purdue alumni association
shall be appointed by the governor to fill out the unexpired term.
SECTION 28. IC 21-23-3-4 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 4. Seven (7) of the trustees shall be appointed by the
governor.
SECTION 29. IC 21-23-3-7, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
subsections (b) and (c), all members of the board of trustees serve for
three (3) years. except for
(b) The student member who serves for two (2) years.
(c) The term of a member appointed under section 2(c) or 2(d)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 30. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. In case any vacancy occurs
on the board of trustees by reason of the resignation, removal from the
ES 202—LS 6786/DI 110 33
state, expiration of the term of office, or otherwise of any of the trustees
appointed by the governor, appropriate appointing authority, the
vacancy shall be filled by the governor appropriate appointing
authority from the respective classes as provided in this section to
serve only for the unexpired term.
SECTION 31. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
SECTION 264, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The acceptance of an
appointment by the governor, president pro tempore of the senate, or
speaker of the house of representatives 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, president pro
tempore of the senate, or speaker of the house of representatives
regarding the respective members appointed by the governor,
president pro tempore of the senate, or speaker of the house of
representatives. If a member is absent for two (2) consecutive
meetings without sufficient excuse, it shall be considered sufficient
cause for the governor, president pro tempore of the senate, or
speaker of the house of representatives to ask for the resignation of
the member whom the governor, president pro tempore of the
senate, or speaker of the house of representatives appointed.
SECTION 32. IC 21-23-3-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section
"alumnus appointed member" refers to a current member of the
board of trustees who was an alumnus appointment by the
governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) Notwithstanding section 8 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(c) of this chapter upon the earlier of:
(1) the expiration of an alumnus appointed member's term; or
(2) a vacancy on the board of trustees by an alumnus
appointed member.
(d) Notwithstanding section 8 of this chapter, after the president
pro tempore of the senate appoints an alumnus member under
subsection (c), the speaker of the house of representatives shall
appoint an alumnus member as provided under section 2(d) of this
ES 202—LS 6786/DI 110 34
chapter upon the earlier of:
(1) the expiration of the remaining alumnus appointed
member's term; or
(2) a vacancy on the board of trustees by the remaining
alumnus appointed member.
(e) This section expires July 1, 2029.
SECTION 33. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
SECTION 265, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board of trustees consists
of nine (9) ten (10) members who shall, except as provided under
subsections (b) and (c), serve terms of four (4) years. However,
(b) The term of a student member of the board of trustees is two (2)
years.
(c) The term of a member appointed under section 5(b) or 5(c)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 34. IC 21-24-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 35. 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) (1) One (1) member who is a full-time student in good
standing enrolled in the University of Southern Indiana.
(3) (2) One (1) member who is a resident of Vanderburgh County.
SECTION 36. 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
eight (8) of the members of the board of trustees.
(b) The president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member to
the board of trustees who:
(1) is an alumnus of the University of Southern Indiana; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of the University of Southern Indiana; and
ES 202—LS 6786/DI 110 35
(2) is not a member of the general assembly.
(b) (d) If a vacancy occurs during the term of any member, the
governor appropriate appointing authority shall appoint an
individual to serve the unexpired term of the vacating member.
SECTION 37. IC 21-24-3-6 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 6. (a) There is established a screening committee of the
University of Southern Indiana to nominate the alumnus member of the
board of trustees.
(b) The screening committee consists of five (5) members appointed
by the executive body of the university alumni association designated
by the board of trustees.
(c) Within seventy-five (75) days after the date that a vacancy
occurs on the board of trustees for the alumnus member, the screening
committee shall submit a list of at least three (3) names of eligible
individuals to a person designated by the board of trustees.
(d) When the names are received by the person designated by the
board of trustees, the designated person shall submit the names to the
governor.
(e) The governor shall appoint the alumnus member of the board of
trustees from the list of names submitted under subsection (d).
However, if the governor does not receive the names of at least three
(3) eligible individuals under subsection (d) within ninety (90) days
after the alumnus member vacancy on the board occurs, the governor
may appoint any individual who is otherwise eligible under this chapter
to serve as the alumnus member of the board of trustees.
SECTION 38. IC 21-24-3-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 8. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) The president pro tempore of the senate shall, not later than
July 1, 2024, appoint an alumnus member under section 5(b) of this
chapter.
(d) Notwithstanding section 5 of this chapter, the speaker of the
house of representative shall appoint an alumnus member as
provided under section 5(c) of this chapter upon the earlier of:
(1) the expiration of the alumnus appointed member's term;
or
(2) a vacancy on the board of trustees by the alumnus
appointed member.
ES 202—LS 6786/DI 110 36
(e) This section expires July 1, 2029.
SECTION 39. 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) eleven (11) trustees.
SECTION 40. 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) Eight (8) 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) 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 president pro tempore of the senate with advice from
the minority leader of the senate shall appoint one (1) member to
the board of trustees who:
(1) is an alumnus of Vincennes University; and
(2) is not a member of the general assembly.
(c) The speaker of the house of representatives with advice from
the minority leader of the house of representatives shall appoint
one (1) member of the board of trustees who:
(1) is an alumnus of Vincennes University; and
(2) is not a member of the general assembly.
SECTION 41. IC 21-25-3-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
not consist of members who are all of the same sex.
SECTION 42. IC 21-25-3-4, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as provided under
subsections (b) and (c), the term of each appointed trustee is three (3)
years. However,
(b) The term of the student appointee is one (1) year.
(c) The term of a member appointed under section 2(b) or 2(c)
of this chapter shall expire on June 30 of each odd-numbered year.
SECTION 43. IC 21-25-3-5, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided under
subsection (b), if a vacancy occurs in the membership of the board of
trustees, the vacancy shall be filled by the board of trustees for the
unexpired term.
(b) If a vacancy occurs among the members of the board of
ES 202—LS 6786/DI 110 37
trustees appointed under section 2(b) or 2(c) of this chapter, the
appropriate appointing authority shall fill the vacancy on the
board of trustees.
SECTION 44. IC 21-25-3-6, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. Except for a member who is
appointed under section 2(b) or 2(c) of this chapter, the appropriate
number of appointive trustees shall be appointed before the first
Monday of October of each year. Except for a member appointed
under section 2(b) or 2(c) of this chapter, the first Monday is the first
day of their terms.
SECTION 45. IC 21-25-3-7, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. There shall be the following four
(4) ex officio members of the board of trustees who are nonvoting
advisory members:
(1) The president of the university.
(2) The superintendent of the Vincennes Community School
Corporation.
(3) The superintendent of the South Knox School Corporation.
(4) The superintendent of the North Knox School Corporation.
SECTION 46. IC 21-25-3-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 9. (a) As used in this section "alumnus appointed
member" refers to a current member of the board of trustees who
was an alumnus appointment by the governor before July 1, 2024.
(b) An alumnus appointed member may serve until the
member's term expires.
(c) The speaker of the house of representatives shall, not later
than July 1, 2024, appoint an alumnus member under section 2(c)
of this chapter.
(d) Notwithstanding section 5 of this chapter, the president pro
tempore of the senate shall appoint an alumnus member as
provided under section 2(b) of this chapter upon the earlier of:
(1) the expiration of the alumnus appointed member's term;
or
(2) a vacancy on the board of trustees by the alumnus
appointed member.
(e) This section expires July 1, 2029.
SECTION 47. IC 21-25-5-3, AS ADDED BY P.L.2-2007,
SECTION 266, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. Six (6) trustees appointed under
ES 202—LS 6786/DI 110 38
IC 21-25-3-2 constitute a quorum at any regular or special meeting of
the board of trustees.".
Delete pages 2 through 5.
Page 6, delete lines 1 through 15.
Page 19, after line 18, begin a new paragraph and insert:
"SECTION 57. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
(Reference is to SB 202 as printed January 26, 2024.)
DEERY
_____
SENATE MOTION
Madam President: I move that Senate Bill 202 be amended to read
as follows:
Page 1, after line 15, begin a new paragraph and insert:
"SECTION 3. IC 21-19-3-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.5. One (1) member appointed
by the governor under section 2(1) of this chapter must be a
resident of Delaware County.".
Page 2, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 8. IC 21-20-3-12.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 12.7. One (1) member appointed
by the governor under section 12(a) of this chapter must be a
resident of Monroe County.".
Page 3, between lines 1 and 2, begin a new paragraph and insert:
"SECTION 10. IC 21-21-3-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
by the governor under section 2(1) of this chapter must be a
resident of Vigo County.".
Page 4, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 15. IC 21-23-3-2.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
by the governor under section 2(a) of this chapter must be a
resident of Tippecanoe County.".
 Page 5, reset in roman line 32.
ES 202—LS 6786/DI 110 39
Page 6, line 8, reset in roman "one (1) of whom".
Page 6, line 9, reset in roman "must be a resident of Knox County
and".
(Reference is to SB 202 as printed January 26, 2024.)
GOODE
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 202, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, delete lines 1 through 15.
Delete pages 2 through 14.
Page 15, delete lines 1 through 8.
Page 15, line 20, reset in roman "minority".
Page 15, line 20, after "minority" insert "and".
Page 15, line 36, reset in roman "minority".
Page 15, line 36, after "minority" insert "and".
Page 16, line 9, reset in roman "minority".
Page 16, line 9, after "minority" insert "and".
Page 16, line 24, reset in roman "minority".
Page 16, line 24, after "minority" insert "and".
Page 16, line 40, reset in roman "minority".
Page 16, line 40, after "minority" insert "and".
Page 17, line 13, reset in roman "minority".
Page 17, line 13, after "minority" insert "and".
Page 17, line 29, reset in roman "minority".
Page 17, line 29, after "minority" insert "and".
Page 17, delete lines 33 through 42.
Delete page 18.
Page 19, delete lines 1 through 9.
Page 20, line 20, delete "or mentoring".
Page 20, line 40, delete "Each" and insert "Subject to subsection
(c), each".
Page 21, line 9, delete "mentoring".
Page 21, between lines 13 and 14, begin a new paragraph and insert:
"(c) A policy established under subsection (b) must provide that
the board of trustees of an institution may not consider the
ES 202—LS 6786/DI 110 40
following actions by a faculty member when determining whether
a faculty member may not be granted tenure or a promotion by the
institution:
(1) Expressing dissent or engaging in research or public
commentary on subjects.
(2) Criticizing the institution's leadership.
(3) Engaging in any political activity conducted outside the
faculty member's teaching or mentoring duties at the
institution.".
Page 21, line 25, delete "mentoring".
Page 21, delete line 39 and insert "met the criteria under
subsection (a),".
Page 22, line 4, delete "mentoring".
Page 22, line 25, delete "or".
Page 22, line 26, delete "mentor".
Page 23, delete lines 31 through 36, begin a new line block indented
and insert:
"(2) Not later than July 1, 2025, and not later than July 1 of
each odd-numbered year thereafter, submit the report
described in subdivision (1) to the legislative council in an
electronic format under IC 5-14-6.".
Page 24, line 17, delete "or".
Page 24, line 18, delete "mentor".
Page 26, line 1, after "education" insert ":".
Page 26, line 1, delete "and".
Page 26, delete line 2.
Page 26, line 14, delete "Recommend" and insert "Submit a
report".
Page 26, line 14, after "committee" insert "regarding".
Page 26, delete lines 19 through 23.
Page 27, delete lines 11 through 13.
Page 27, delete lines 16 through 21 and insert "a petitioner may
request that the commission for higher education review the
institution's final decision under the following circumstances:
(1) A procedural defect materially affected the institution's
final decision.
(2) New evidence that materially affects the institution's final
decision and was not reasonably available at the time the final
decision was rendered becomes available.
(3) The institution's investigator had a conflict of interest or
bias concerning the petitioner that materially affected the
institution's final decision.
ES 202—LS 6786/DI 110 41
(4) The petitioner believes the institution disregarded law in
rendering a final decision.".
Page 27, line 23, delete "order" and insert "opinion".
Page 27, line 31, delete "and".
Page 27, line 32, delete "the state budget committee".
Page 28, line 21, delete "Recommend" and insert "Submit a
report".
Page 28, line 21, after "committee" insert "regarding".
Page 28, delete lines 27 through 30, begin a new paragraph and
insert:
"Sec. 3. Not later than September 1, 2024, and September 1 of
each year thereafter, a state educational institution shall submit to
the state budget committee a report with the following information
for the preceding state fiscal year:".
Page 28, line 31, delete "For each academic year, the" and insert
"The".
Page 28, line 37, delete "For each academic year, the" and insert
"The".
Page 28, line 40, delete "For each academic year, the" and insert
"The".
Page 29, line 3, delete "does" and insert "did".
Page 29, line 5, delete "does" and insert "did".
Page 29, line 7, delete "does" and insert "did".
Page 29, between lines 8 and 9, begin a new line block indented and
insert:
"(7) The institution's budget allocations for diversity, equity,
and inclusion initiatives.".
Page 29, delete line 9.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 202 as reprinted February 6, 2024.)
BEHNING
Committee Vote: yeas 8, nays 4.
ES 202—LS 6786/DI 110 42
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 202 be amended to
read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
used in this chapter, "agency" means an authority, board, branch,
bureau, commission, committee, council, department, division, office,
service, or other instrumentality of the executive, including the
administrative, department of state government. The term does not
include any of the following:
(1) Any body corporate and politic set up as an instrumentality of
the state.
(2) Any private, nonprofit, government related corporation.
(3) The judicial department of state government.
(4) The legislative department of state government.
(5) A state educational institution.
(6) A political subdivision.
(b) The term includes a state educational institution if the office,
pursuant to IC 21-39.5-6-2(d), reviews a state educational
institution's final decision regarding a violation of IC 21-39.5 and
issues an opinion on behalf of the commission for higher
education.".
Page 6, line 9, delete "or".
Page 6, line 29, delete "has:" and insert "has met the following
criteria:".
Page 6, line 30, delete "helped" and insert "Helped".
Page 6, line 31, delete "institution;" and insert "institution.".
Page 6, line 32, delete "introduced" and insert "Introduced".
Page 6, line 33, after "the" insert "curricula established by the:
(A) board of trustees of the institution under
IC 21-41-2-1(b); or
(B) faculty of the institution acting under authority
delegated by the board of trustees of the institution.".
Page 6, delete lines 34 and 35.
Page 6, line 36, delete "while" and insert "While".
Page 6, line 36, delete "or".
Page 6, line 40, delete "instruction;" and insert "instruction.".
Page 6, line 41, delete "adequately" and insert "Adequately".
ES 202—LS 6786/DI 110 43
Page 6, line 41, delete "obligations;" and insert "obligations.".
Page 6, delete line 42.
Page 7, line 1, delete "met" and insert "Met".
Page 7, line 15, delete "or".
Page 9, line 17, delete "from establishing additional policies or" and
insert "from:
(1) delegating responsibility under policies approved by the
board of trustees to conduct the faculty reviews and make the
determinations described in this chapter; or
(2) establishing additional policies or criteria.".
Page 9, delete line 18.
Page 12, between lines 32 and 33, begin a new paragraph and insert:
"(d) The commission for higher education may enter into an
agreement with the office of administrative law proceedings
established by IC 4-15-10.5 to carry out this section.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 202 as printed February 22, 2024.)
BEHNING
ES 202—LS 6786/DI 110