IN
Indiana Senate Bill SB0202

Indiana 2024 Regular Session

Indiana Senate Bill SB0202 Compare Versions

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1+*ES0202.2*
2+Reprinted
3+February 27, 2024
4+ENGROSSED
5+SENATE BILL No. 202
6+_____
7+DIGEST OF SB 202 (Updated February 26, 2024 5:44 pm - DI 152)
8+Citations Affected: IC 4-15; IC 21-27; IC 21-38; IC 21-39;
9+IC 21-39.5; IC 21-49.
10+Synopsis: State educational institution matters. Amends the duties of
11+state educational institutions' diversity committees. Provides that
12+certain offices or individuals established or employed by a state
13+educational institution (institution) regarding diversity programming
14+must include within the mission of the office or position programming
15+that substantially promotes both cultural and intellectual diversity.
16+(Continued next page)
17+Effective: July 1, 2024.
18+Deery, Raatz, Johnson T, Byrne,
19+Donato, Crane, Rogers
20+(HOUSE SPONSORS — BEHNING, DAVIS, TESHKA, HEATON)
21+January 9, 2024, read first time and referred to Committee on Education and Career
22+Development.
23+January 25, 2024, amended, reported favorably — Do Pass.
24+February 5, 2024, read second time, amended, ordered engrossed.
25+February 6, 2024, engrossed. Read third time, passed. Yeas 39, nays 9.
26+HOUSE ACTION
27+February 12, 2024, read first time and referred to Committee on Education.
28+February 22, 2024, amended, reported — Do Pass.
29+February 26, 2024, read second time, amended, ordered engrossed.
30+ES 202—LS 6786/DI 110 Digest Continued
31+Establishes various requirements and restrictions for institutions
32+regarding free inquiry, free expression, and intellectual diversity that
33+does the following: (1) Requires the establishment of certain policies
34+regarding: (A) disciplinary actions for certain persons that materially
35+and substantially disrupt protected expressive activity; (B) limiting or
36+restricting the granting of tenure or a promotion if certain conditions
37+related to free inquiry, free expression, and intellectual diversity are not
38+met; and (C) disciplinary actions that will be taken if, after a review, a
39+determination has been made that a tenured faculty member has failed
40+to meet certain criteria related to free inquiry, free expression, and
41+intellectual diversity. (2) Requires the review and consideration, at
42+least every five years, of certain criteria related to free inquiry, free
43+expression, and intellectual diversity. (3) Requires the establishment of
44+a procedure that allows students and employees to submit complaints
45+that a faculty member or contractor is not meeting certain criteria
46+related to free inquiry, free expression, and intellectual diversity and
47+establishes requirements regarding the procedure and submitted
48+complaints. (4) Establishes consideration requirements before an
49+institution renews an employment agreement or other contract with,
50+makes a bonus decision regarding, or completes a review or
51+performance assessment of a faculty member or contractor. (5)
52+Prohibits requiring an applicant, employee, or contractor to pledge
53+allegiance to or make a statement of personal support for: (A) certain
54+policies or actions; or (B) political or ideological movements. (6)
55+Establishes restrictions regarding awarding admission, enrollment,
56+employment, benefits, hiring, reappointment, promotion, or granting
57+tenure to an applicant, employee, or contractor on the basis of the
58+viewpoints expressed in a submitted pledge or statement. (7) Requires
59+certain information be included in an institution's programming for new
60+students. (8) Requires the adoption of a statement on neutrality that
61+makes a distinction between the official positions of an institution from
62+the individual viewpoints of the institution's employees, contractors,
63+students, and alumni. (9) Allows the commission for higher education
64+(commission) to establish a survey that attempts to collect information
65+from students regarding the current perceptions of whether free speech
66+and academic freedom are recognized and fostered by an institution in
67+a manner that welcomes expression of different opinions and ideologies
68+and requires an institution to promote and provide the survey to
69+students. (10) Establishes various reporting requirements by
70+institutions or the commission concerning complaints submitted
71+regarding faculty members or contractors who are not meeting certain
72+criteria related to free inquiry, free expression, and intellectual
73+diversity. (11) Provides that certain individuals may request the
74+commission to review a final decision by an institution concerning a
75+violation of these provisions. Provides that the commission may enter
76+into an agreement with the office of administrative law proceedings to
77+review violations of certain provisions and issue an opinion on behalf
78+of the commission. Requires each institution to submit certain
79+information by September 1, 2024, and on September 1 of each year
80+thereafter.
81+ES 202—LS 6786/DI 110ES 202—LS 6786/DI 110 Reprinted
82+February 27, 2024
183 Second Regular Session of the 123rd General Assembly (2024)
284 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
385 Constitution) is being amended, the text of the existing provision will appear in this style type,
486 additions will appear in this style type, and deletions will appear in this style type.
587 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
688 provision adopted), the text of the new provision will appear in this style type. Also, the
789 word NEW will appear in that style type in the introductory clause of each SECTION that adds
890 a new provision to the Indiana Code or the Indiana Constitution.
991 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1092 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 202
12-AN ACT to amend the Indiana Code concerning higher education.
93+ENGROSSED
94+SENATE BILL No. 202
95+A BILL FOR AN ACT to amend the Indiana Code concerning
96+higher education.
1397 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
15-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
17-used in this chapter, "agency" means an authority, board, branch,
18-bureau, commission, committee, council, department, division, office,
19-service, or other instrumentality of the executive, including the
20-administrative, department of state government. The term does not
21-include any of the following:
22-(1) Any body corporate and politic set up as an instrumentality of
23-the state.
24-(2) Any private, nonprofit, government related corporation.
25-(3) The judicial department of state government.
26-(4) The legislative department of state government.
27-(5) A state educational institution.
28-(6) A political subdivision.
29-(b) The term includes a state educational institution if the office,
30-pursuant to IC 21-39.5-6-2(d), reviews a state educational
31-institution's final decision regarding a violation of IC 21-39.5 and
32-issues an opinion on behalf of the commission for higher education.
33-SECTION 2. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
34-SEA 202 — Concur 2
35-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36-JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
37-committee to do the following:
38-(1) Review and recommend faculty employment policies
39-concerning cultural and intellectual diversity issues.
40-(2) Review faculty and administration personnel complaints
41-concerning cultural and intellectual diversity issues.
42-(3) Make recommendations to promote and maintain cultural and
43-intellectual diversity among faculty members.
44-(4) Make recommendations to promote recruitment and retention
45-of minority and underrepresented students.
46-(b) The diversity committee shall issue an annual report stating the
47-findings, conclusions, and recommendations of the committee to the
48-board of trustees.
49-SECTION 3. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
50-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51-JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
52-committee at the home campus and at each regional campus to do the
98+1 SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
99+2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100+3 JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
101+4 used in this chapter, "agency" means an authority, board, branch,
102+5 bureau, commission, committee, council, department, division, office,
103+6 service, or other instrumentality of the executive, including the
104+7 administrative, department of state government. The term does not
105+8 include any of the following:
106+9 (1) Any body corporate and politic set up as an instrumentality of
107+10 the state.
108+11 (2) Any private, nonprofit, government related corporation.
109+12 (3) The judicial department of state government.
110+13 (4) The legislative department of state government.
111+14 (5) A state educational institution.
112+15 (6) A political subdivision.
113+ES 202—LS 6786/DI 110 2
114+1 (b) The term includes a state educational institution if the office,
115+2 pursuant to IC 21-39.5-6-2(d), reviews a state educational
116+3 institution's final decision regarding a violation of IC 21-39.5 and
117+4 issues an opinion on behalf of the commission for higher education.
118+5 SECTION 2. IC 21-27-3-5, AS ADDED BY P.L.167-2007,
119+6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120+7 JULY 1, 2024]: Sec. 5. (a) The board of trustees shall create a diversity
121+8 committee to do the following:
122+9 (1) Review and recommend faculty employment policies
123+10 concerning cultural and intellectual diversity issues.
124+11 (2) Review faculty and administration personnel complaints
125+12 concerning cultural and intellectual diversity issues.
126+13 (3) Make recommendations to promote and maintain cultural and
127+14 intellectual diversity among faculty members.
128+15 (4) Make recommendations to promote recruitment and retention
129+16 of minority and underrepresented students.
130+17 (b) The diversity committee shall issue an annual report stating the
131+18 findings, conclusions, and recommendations of the committee to the
132+19 board of trustees.
133+20 SECTION 3. IC 21-27-4-4, AS ADDED BY P.L.167-2007,
134+21 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
135+22 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
136+23 committee at the home campus and at each regional campus to do the
137+24 following:
138+25 (1) Review and recommend faculty employment policies
139+26 concerning cultural and intellectual diversity issues.
140+27 (2) Review faculty and administration personnel complaints
141+28 concerning cultural and intellectual diversity issues.
142+29 (3) Make recommendations to promote and maintain cultural and
143+30 intellectual diversity among faculty members.
144+31 (4) Make recommendations to promote recruitment and retention
145+32 of minority and underrepresented students.
146+33 (b) The diversity committee shall issue an annual report stating the
147+34 findings, conclusions, and recommendations of the committee to the
148+35 board of trustees.
149+36 SECTION 4. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
150+37 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
151+38 JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
152+39 committee to do the following:
153+40 (1) Review and recommend faculty employment policies
154+41 concerning cultural and intellectual diversity issues.
155+42 (2) Review faculty and administration personnel complaints
156+ES 202—LS 6786/DI 110 3
157+1 concerning cultural and intellectual diversity issues.
158+2 (3) Make recommendations to promote and maintain cultural and
159+3 intellectual diversity among faculty members.
160+4 (4) Make recommendations to promote recruitment and retention
161+5 of minority and underrepresented students.
162+6 (b) The diversity committee shall issue an annual report stating the
163+7 findings, conclusions, and recommendations of the committee to the
164+8 board of trustees.
165+9 SECTION 5. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
166+10 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
167+11 JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
168+12 committee at the home campus and at each campus to do the following:
169+13 (1) Review and recommend faculty employment policies
170+14 concerning cultural and intellectual diversity issues.
171+15 (2) Review faculty and administration personnel complaints
172+16 concerning cultural and intellectual diversity issues.
173+17 (3) Make recommendations to promote and maintain cultural and
174+18 intellectual diversity among faculty members.
175+19 (4) Make recommendations to promote recruitment and retention
176+20 of minority and underrepresented students.
177+21 (b) The diversity committee shall issue an annual report stating the
178+22 findings, conclusions, and recommendations of the committee to the
179+23 state board.
180+24 SECTION 6. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
181+25 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
182+26 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
183+27 committee at the home campus and at each regional campus to do the
184+28 following:
185+29 (1) Review and recommend faculty employment policies
186+30 concerning cultural and intellectual diversity issues.
187+31 (2) Review faculty and administration personnel complaints
188+32 concerning cultural and intellectual diversity issues.
189+33 (3) Make recommendations to promote and maintain cultural and
190+34 intellectual diversity among faculty members.
191+35 (4) Make recommendations to promote recruitment and retention
192+36 of minority and underrepresented students.
193+37 (b) The diversity committee shall issue an annual report stating the
194+38 findings, conclusions, and recommendations of the committee to the
195+39 board of trustees.
196+40 SECTION 7. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
197+41 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198+42 JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
199+ES 202—LS 6786/DI 110 4
200+1 to do the following:
201+2 (1) Review and recommend faculty employment policies
202+3 concerning cultural and intellectual diversity issues.
203+4 (2) Review faculty and administration personnel complaints
204+5 concerning cultural and intellectual diversity issues.
205+6 (3) Make recommendations to promote and maintain cultural and
206+7 intellectual diversity among faculty members.
207+8 (4) Make recommendations to promote recruitment and retention
208+9 of minority and underrepresented students.
209+10 (b) The diversity committee shall issue an annual report stating the
210+11 findings, conclusions, and recommendations of the committee to the
211+12 board.
212+13 SECTION 8. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
213+14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
214+15 JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
215+16 committee at the home campus and at each regional campus to do the
216+17 following:
217+18 (1) Review and recommend faculty employment policies
218+19 concerning cultural and intellectual diversity issues.
219+20 (2) Review faculty and administration personnel complaints
220+21 concerning cultural and intellectual diversity issues.
221+22 (3) Make recommendations to promote and maintain cultural and
222+23 intellectual diversity among faculty members.
223+24 (4) Make recommendations to promote recruitment and retention
224+25 of minority and underrepresented students.
225+26 (b) The diversity committee shall issue an annual report stating the
226+27 findings, conclusions, and recommendations of the committee to the
227+28 board of trustees.
228+29 SECTION 9. IC 21-38-10 IS ADDED TO THE INDIANA CODE
229+30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
230+31 JULY 1, 2024]:
231+32 Chapter 10. Diversity Programming
232+33 Sec. 1. A state educational institution that establishes, supports,
233+34 sustains, or employs an office or individual whose primary duties
234+35 include coordinating, creating, developing, designing,
235+36 implementing, organizing, planning, or promoting noncredit
236+37 earning diversity programming shall include within the mission of
237+38 the office or position programming that substantially promotes
238+39 both cultural and intellectual diversity.
239+40 SECTION 10. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
240+41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
241+42 JULY 1, 2024]: Sec. 12. A state educational institution shall:
242+ES 202—LS 6786/DI 110 5
243+1 (1) create student protected expressive activity policies that are
244+2 consistent with this chapter;
245+3 (2) create a policy that includes a range of disciplinary actions
246+4 with regard to an employee, student, student organization, or
247+5 contractor of the state educational institution that materially
248+6 and substantially disrupts the protected expressive activity of
249+7 another employee, student, student organization, or
250+8 contractor of the state educational institution;
251+9 (2) (3) make protected expressive activity policies created under
252+10 subdivisions (1) and (2) public in the state educational
253+11 institution's handbooks, on the state educational institution's
254+12 Internet web site, website, and at the state educational institution's
255+13 student orientation programs; and
256+14 (3) (4) develop materials, programs, and procedures to ensure that
257+15 individuals who are responsible for disciplining and educating
258+16 students, including administrators, campus police officers,
259+17 residence life officials, and professors, understand the policies,
260+18 regulations, and duties of the state educational institution
261+19 regarding protected expressive activity on campus.
262+20 SECTION 11. IC 21-39.5 IS ADDED TO THE INDIANA CODE
263+21 AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
264+22 1, 2024]:
265+23 ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
266+24 THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
267+25 AND INTELLECTUAL DIVERSITY
268+26 Chapter 1. Definitions
269+27 Sec. 1. The definitions in this chapter apply throughout this
270+28 article.
271+29 Sec. 2. "Board of trustees" refers to the board of trustees of
272+30 each of the following:
273+31 (1) Ball State University.
274+32 (2) Indiana State University.
275+33 (3) Indiana University.
276+34 (4) Ivy Tech Community College.
277+35 (5) Purdue University.
278+36 (6) University of Southern Indiana.
279+37 (7) Vincennes University.
280+38 Sec. 3. "Faculty member" means an employee of an institution
281+39 whose employment duties include teaching students of the
282+40 institution.
283+41 Sec. 4. "Institution" refers to a state educational institution.
284+42 Sec. 5. "Intellectual diversity" means multiple, divergent, and
285+ES 202—LS 6786/DI 110 6
286+1 varied scholarly perspectives on an extensive range of public policy
287+2 issues.
288+3 Sec. 6. "Promotion" means the advancement of a faculty
289+4 member's employment position to a higher rank, level, or
290+5 distinction within an institution.
291+6 Sec. 7. "Tenure" means a status of continuous employment
292+7 granted to a faculty member of an institution in which the faculty
293+8 member may not be dismissed except for good cause or in
294+9 accordance with one (1) or more of the following:
295+10 (1) The policies and procedures adopted by the institution.
296+11 (2) An employment agreement entered into between the
297+12 institution and faculty member.
298+13 Chapter 2. Tenure, Promotion, Employment, Complaints, and
299+14 Disciplinary Actions
300+15 Sec. 1. (a) This section applies to an institution that grants
301+16 tenure or promotions to faculty members.
302+17 (b) Subject to subsection (c), each board of trustees of an
303+18 institution shall establish a policy that provides that a faculty
304+19 member may not be granted tenure or a promotion by the
305+20 institution if, based on past performance or other determination by
306+21 the board of trustees, the faculty member is:
307+22 (1) unlikely to foster a culture of free inquiry, free expression,
308+23 and intellectual diversity within the institution;
309+24 (2) unlikely to expose students to scholarly works from a
310+25 variety of political or ideological frameworks that may exist
311+26 within and are applicable to the faculty member's academic
312+27 discipline; or
313+28 (3) likely, while performing teaching duties within the scope
314+29 of the faculty member's employment, to subject students to
315+30 political or ideological views and opinions that are unrelated
316+31 to the faculty member's academic discipline or assigned
317+32 course of instruction.
318+33 (c) A policy established under subsection (b) must provide that
319+34 the board of trustees of an institution may not consider the
320+35 following actions by a faculty member when determining whether
321+36 a faculty member may not be granted tenure or a promotion by the
322+37 institution:
323+38 (1) Expressing dissent or engaging in research or public
324+39 commentary on subjects.
325+40 (2) Criticizing the institution's leadership.
326+41 (3) Engaging in any political activity conducted outside the
327+42 faculty member's teaching or mentoring duties at the
328+ES 202—LS 6786/DI 110 7
329+1 institution.
330+2 Sec. 2. (a) Not later than five (5) years after the date that a
331+3 faculty member is granted tenure by an institution and not later
332+4 than every five (5) years thereafter, the board of trustees of an
333+5 institution shall review and determine whether the faculty member
334+6 has met the following criteria:
335+7 (1) Helped the institution foster a culture of free inquiry, free
336+8 expression, and intellectual diversity within the institution.
337+9 (2) Introduced students to scholarly works from a variety of
338+10 political or ideological frameworks that may exist within the
339+11 curricula established by the:
340+12 (A) board of trustees of the institution under
341+13 IC 21-41-2-1(b); or
342+14 (B) faculty of the institution acting under authority
343+15 delegated by the board of trustees of the institution.
344+16 (3) While performing teaching duties within the scope of the
345+17 faculty member's employment, refrained from subjecting
346+18 students to views and opinions concerning matters not related
347+19 to the faculty member's academic discipline or assigned
348+20 course of instruction.
349+21 (4) Adequately performed academic duties and obligations.
350+22 (5) Met any other criteria established by the board of trustees.
351+23 (b) If the board of trustees of an institution reviews and makes
352+24 a determination that a faculty member meets the criteria under
353+25 subsection (a), the board of trustees shall certify that the board
354+26 reviewed and made a determination that the faculty member met
355+27 the criteria.
356+28 (c) In determining whether a faculty member has adequately
357+29 met the criteria under subsection (a), the board of trustees of an
358+30 institution may not consider the following actions by a faculty
359+31 member:
360+32 (1) Expressing dissent or engaging in research or public
361+33 commentary on subjects.
362+34 (2) Criticizing the institution's leadership.
363+35 (3) Engaging in any political activity conducted outside the
364+36 faculty member's teaching duties at the institution.
365+37 (d) The institution shall adopt a policy that establishes
366+38 disciplinary actions, including:
367+39 (1) termination;
368+40 (2) demotion;
369+41 (3) salary reduction;
370+42 (4) other disciplinary action as determined by the institution;
371+ES 202—LS 6786/DI 110 8
372+1 or
373+2 (5) any combination of subdivisions (1) through (4);
374+3 that the institution will take if the board of trustees determines in
375+4 a review conducted under subsection (a) that a tenured faculty
376+5 member has failed to meet one (1) or more of the criteria described
377+6 in subsection (a)(1) through (a)(5).
378+7 (e) The board of trustees of each institution shall, at least every
379+8 five (5) years, review and renew or amend:
380+9 (1) the process for reviewing and making a determination
381+10 under subsection (a); and
382+11 (2) any criteria established under subsection (a)(5).
383+12 Sec. 3. (a) This section applies to the following:
384+13 (1) A faculty member.
385+14 (2) A person with whom the institution contracts to teach a
386+15 student of the institution.
387+16 (b) Before an institution:
388+17 (1) renews an employment agreement or other contract with;
389+18 (2) makes a bonus decision regarding; or
390+19 (3) completes a review or performance assessment of;
391+20 a faculty member or person described in subsection (a), the
392+21 institution shall give substantial consideration to the faculty
393+22 member's or person's performance regarding the criteria
394+23 described in section 2(a)(1) through 2(a)(5) of this chapter.
395+24 Sec. 4. (a) Each institution shall do the following:
396+25 (1) Establish a procedure that allows both students and
397+26 employees to submit complaints that a faculty member or
398+27 person described in section 3(a) of this chapter is not meeting
399+28 the criteria described in section 2(a)(1) through 2(a)(5) of this
400+29 chapter.
401+30 (2) Provide information regarding the procedure established
402+31 under subdivision (1):
403+32 (A) at student orientations;
404+33 (B) on the institution's website; and
405+34 (C) during employee onboarding programs.
406+35 (3) Refer complaints submitted under subdivision (1) to
407+36 appropriate human resource professionals and supervisors
408+37 for consideration in employee reviews and tenure and
409+38 promotion decisions.
410+39 (4) Make complaints submitted under subdivision (1) and any
411+40 relevant documents, summaries, or investigations available to
412+41 the board of trustees of the institution.
413+42 (5) Not later than April 1, 2025, and not later than April 1
414+ES 202—LS 6786/DI 110 9
415+1 each year thereafter, submit a report to the commission for
416+2 higher education that summarizes the following:
417+3 (A) The procedure that the institution established under
418+4 subdivision (1) for the submission of complaints.
419+5 (B) How and when the institution has provided or made
420+6 available the information concerning the submission of
421+7 complaints procedure to students, faculty members, other
422+8 employees, and contractors of the institution.
423+9 (C) The number of complaints submitted, disaggregated by
424+10 a brief description of the types or categories of complaints
425+11 submitted, during the previous calendar year.
426+12 (b) The commission for higher education shall do the following:
427+13 (1) Prepare a report that provides the following information:
428+14 (A) The total number of complaint submissions that each
429+15 institution received as provided by the institution under
430+16 subsection (a)(5).
431+17 (B) The number of complaint submissions as described in
432+18 clause (A), disaggregated by a brief description of the types
433+19 or categories of complaints submitted.
434+20 (2) Not later than July 1, 2025, and not later than July 1 of
435+21 each odd-numbered year thereafter, submit the report
436+22 described in subdivision (1) to the legislative council in an
437+23 electronic format under IC 5-14-6.
438+24 (c) An institution and the commission for higher education may
439+25 not include information in a report submitted under this section
440+26 that identifies the following:
441+27 (1) A student or employee who submits a complaint under this
442+28 section.
443+29 (2) A faculty member or person described in section 3(a)(2) of
444+30 this chapter against whom a complaint was submitted.
445+31 Sec. 5. If an institution is unable to fully comply with this
446+32 chapter due to an employment agreement entered into with a
447+33 faculty member or person described in section 3(a) of this chapter
448+34 before July 1, 2024, the institution shall attempt to comply with this
449+35 chapter to the extent possible under the employment agreement
450+36 with the faculty member or person.
451+37 Sec. 6. Nothing in this chapter prohibits or restricts a board of
452+38 trustees of an institution from:
453+39 (1) delegating responsibility under policies approved by the
454+40 board of trustees to conduct the faculty reviews and make the
455+41 determinations described in this chapter; or
456+42 (2) establishing additional policies or criteria.
457+ES 202—LS 6786/DI 110 10
458+1 Chapter 3. Requirements Regarding Students, Employees,
459+2 Contractors, and Applicants
460+3 Sec. 1. (a) This section applies to the following:
461+4 (1) An applicant for admission, enrollment, or employment at
462+5 an institution.
463+6 (2) An employee of the institution.
464+7 (3) A person with whom the institution contracts to teach a
465+8 student of the institution.
466+9 (b) An institution may not require an applicant, an employee, or
467+10 a person described in subsection (a) to pledge allegiance to or make
468+11 a statement of personal support for any:
469+12 (1) policy or action that would treat similarly situated people
470+13 or groups of people differently based on the race, color,
471+14 national origin, sex, sexual orientation, or religion; or
472+15 (2) political or ideological movement.
473+16 (c) If an institution receives a pledge or statement described in
474+17 subsection (b), including any statement regarding diversity, equity,
475+18 and inclusion, or related topics, the institution may not award:
476+19 (1) admission, enrollment, or employment;
477+20 (2) benefits;
478+21 (3) hiring, reappointment, or promotion; or
479+22 (4) granting tenure;
480+23 to an applicant, an employee, or a person described in subsection
481+24 (a) on the basis of the viewpoints expressed in the pledge or
482+25 statement.
483+26 Sec. 2. An institution shall include the following information in
484+27 the institution's programming for new students:
485+28 (1) The importance of:
486+29 (A) free inquiry and free expression; and
487+30 (B) intellectual diversity of viewpoints.
488+31 (2) The appropriate and inappropriate responses to speech
489+32 that a student finds offensive or disagreeable.
490+33 Chapter. 4. Policy on Neutrality
491+34 Sec. 1. The board of trustees of each institution shall adopt a
492+35 policy on the neutrality of the institution that makes a distinction
493+36 between the official positions of the institution, including its
494+37 schools, colleges, and departments, from the individual viewpoints
495+38 of the institution's employees, contractors, students, and alumni.
496+39 Sec. 2. A policy adopted under section 1 of this chapter must
497+40 limit the circumstances in which an employee or group of
498+41 employees from the institution may establish an official institution,
499+42 school, college, or department position on political, moral, or
500+ES 202—LS 6786/DI 110 11
501+1 ideological issues to only those circumstances that affect the core
502+2 mission of the institution and its values of free inquiry, free
503+3 expression, and intellectual diversity.
504+4 Sec. 3. Nothing in this chapter may be construed to limit the:
505+5 (1) free speech of any individual beyond any employment
506+6 requirements established by the institution; or
507+7 (2) ability of an institution to advocate for state funding or
508+8 educational policies to the state or federal government.
509+9 Chapter 5. Reporting Requirements
510+10 Sec. 1. The commission for higher education may establish a
511+11 student survey that attempts to collect information from students
512+12 of an institution regarding the current perceptions of whether free
513+13 speech and academic freedom are recognized and fostered by the
514+14 institution in a manner that welcomes expression of different
515+15 opinions and ideologies with respect to, but not limited to, classes,
516+16 faculty members and other instructors, peer interactions, speakers,
517+17 and campus groups.
518+18 Sec. 2. If the commission for higher education establishes a
519+19 student survey under section 1 of this chapter, each institution may
520+20 promote and provide to students the survey established under
521+21 section 1 of this chapter.
522+22 Sec. 3. If the commission for higher education establishes a
523+23 student survey under section 1 of this chapter, the commission for
524+24 higher education may do the following:
525+25 (1) Prepare a biennial report that summarizes, for each
526+26 institution, the information collected from the student survey
527+27 responses.
528+28 (2) Submit the report described in subdivision (1) to the
529+29 legislative council in an electronic format under IC 5-14-6.
530+30 (3) Post the report on the commission for higher education's
531+31 website.
532+32 Sec. 4. Not later than September 1, 2024, each institution shall
533+33 submit the following to the commission for higher education:
534+34 (1) Data describing the institution's budget allocations for
535+35 diversity, equity, and inclusion initiatives.
536+36 (2) Information regarding the definitions, guidelines, and
537+37 parameters the institution used in determining which
538+38 initiatives were considered by the institution to be diversity,
539+39 equity, and inclusion initiatives.
540+40 This section expires July 1, 2025.
541+41 Sec. 5. Not later than November 1, 2024, the commission for
542+42 higher education shall do the following:
543+ES 202—LS 6786/DI 110 12
544+1 (1) Review the information submitted by the institutions
545+2 under section 4 of this chapter.
546+3 (2) Submit a report to the budget committee regarding
547+4 consistent definitions, guidelines, and parameters that would
548+5 allow the information submitted under section 4 of this
549+6 chapter to be compared across institutions and academic
550+7 years.
551+8 This section expires July 1, 2025.
552+9 Chapter 6. Construction and Enforcement
553+10 Sec. 1. Nothing in this article may be construed to do the
554+11 following:
555+12 (1) Preclude efforts to gauge an applicant's commitment,
556+13 plans, or past performance in fostering intellectual diversity.
557+14 (2) Prohibit an institution from:
558+15 (A) requiring a student, faculty member, contractor, or
559+16 any other employee of the institution to comply with
560+17 federal or state antidiscrimination laws; or
561+18 (B) taking action against a student, faculty member,
562+19 contractor, or any other employee of the institution for a
563+20 violation of federal or state antidiscrimination laws.
564+21 (3) Limit or restrict the academic freedom of faculty members
565+22 or prevent faculty members from teaching, researching, or
566+23 writing publications about diversity, equity, and inclusion or
567+24 other topics.
568+25 (4) Prohibit an institution from considering the subject matter
569+26 competency of any candidate for employment, reappointment,
570+27 tenure, or promotion when the subject matter is germane to
571+28 the candidate's or faculty member's field of scholarship.
572+29 (5) Prohibit an institution from considering the candidate's or
573+30 faculty member's past or potential for future contributions to
574+31 fostering a culture of intellectual diversity at the institution.
575+32 (6) Prohibit an institution from complying with federal
576+33 requirements to be eligible for federal grants.
577+34 Sec. 2. (a) As used in this chapter, "petitioner" means any of the
578+35 following:
579+36 (1) A student of an institution.
580+37 (2) An employee of an institution.
581+38 (b) After completing any applicable complaint process
582+39 established by the institution regarding a violation of this article,
583+40 a petitioner may request that the commission for higher education
584+41 review the institution's final decision under the following
585+42 circumstances:
586+ES 202—LS 6786/DI 110 13
587+1 (1) A procedural defect materially affected the institution's
588+2 final decision.
589+3 (2) New evidence that materially affects the institution's final
590+4 decision and was not reasonably available at the time the final
591+5 decision was rendered becomes available.
592+6 (3) The institution's investigator had a conflict of interest or
593+7 bias concerning the petitioner that materially affected the
594+8 institution's final decision.
595+9 (4) The petitioner believes the institution disregarded law in
596+10 rendering a final decision.
597+11 (c) The commission for higher education shall review the
598+12 request submitted under subsection (b) and issue a final opinion
599+13 regarding the request not later than sixty (60) days after the date
600+14 that the commission for higher education receives the request.
601+15 (d) The commission for higher education may enter into an
602+16 agreement with the office of administrative law proceedings
603+17 established by IC 4-15-10.5 to carry out this section.
604+18 SECTION 12. IC 21-49-4 IS ADDED TO THE INDIANA CODE
605+19 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
606+20 JULY 1, 2024]:
607+21 Chapter 4. State Educational Institution Information Reporting
608+22 Sec. 1. Not later than September 1, 2024, each state educational
609+23 institution shall submit to the commission for higher education the
610+24 following information:
611+25 (1) For each academic year, beginning with the 2017-2018
612+26 academic year, the total number of state educational
613+27 institution:
614+28 (A) full-time and tenured professors;
615+29 (B) adjunct instructors;
616+30 (C) other contingent faculty; and
617+31 (D) nonacademic support or administrative employees.
618+32 (2) For each academic year, the total number of employees at
619+33 the state educational institution whose primary or secondary
620+34 job duties or job titles include diversity, equity, and inclusion.
621+35 (3) For each academic year, the total number of state
622+36 educational institution adjudications or proceedings
623+37 regarding violations of policies regarding diversity, equity,
624+38 and inclusion or harassment.
625+39 (4) A list and description of what the state educational
626+40 institution does to ensure free speech rights of students.
627+41 (5) A list and description of what the state educational
628+42 institution does to ensure intellectual freedom for professors.
629+ES 202—LS 6786/DI 110 14
630+1 (6) A list and description of what the state educational
631+2 institution does to ensure intellectual and ideological diversity
632+3 of professors.
633+4 (7) Information regarding the definitions, guidelines, and
634+5 parameters the institution used in determining which
635+6 information under subdivisions (1) through (6) to include in
636+7 the submission under this section.
637+8 This section expires July 1, 2025.
638+9 Sec. 2. Not later than November 1, 2024, the commission for
639+10 higher education shall do the following:
640+11 (1) Review the information submitted by the institutions
641+12 under section 1 of this chapter.
642+13 (2) Submit a report to the budget committee regarding
643+14 consistent definitions, guidelines, and parameters that would
644+15 allow the information submitted under section 1 of this
645+16 chapter to be compared across state educational institutions
646+17 and academic years.
647+18 This section expires July 1, 2025.
648+19 Sec. 3. Not later than September 1, 2024, and September 1 of
649+20 each year thereafter, a state educational institution shall submit to
650+21 the state budget committee a report with the following information
651+22 for the preceding state fiscal year:
652+23 (1) The total number of state educational institution:
653+24 (A) full-time and tenured professors;
654+25 (B) adjunct instructors;
655+26 (C) other contingent faculty; and
656+27 (D) nonacademic support or administrative employees.
657+28 (2) The total number of employees at the state educational
658+29 institution whose primary or secondary job duties or job titles
659+30 include diversity, equity, and inclusion.
660+31 (3) The total number of state educational institution
661+32 adjudications or proceedings regarding violations of policies
662+33 regarding diversity, equity, and inclusion or harassment.
663+34 (4) A list and description of what the state educational
664+35 institution did to ensure free speech rights of students.
665+36 (5) A list and description of what the state educational
666+37 institution did to ensure intellectual freedom for professors.
667+38 (6) A list and description of what the state educational
668+39 institution did to ensure intellectual and ideological diversity
669+40 of professors.
670+41 (7) The institution's budget allocations for diversity, equity,
671+42 and inclusion initiatives.
672+ES 202—LS 6786/DI 110 15
673+COMMITTEE REPORT
674+Madam President: The Senate Committee on Education and Career
675+Development, to which was referred Senate Bill No. 202, has had the
676+same under consideration and begs leave to report the same back to the
677+Senate with the recommendation that said bill be AMENDED as
678+follows:
679+Page 1, between the enacting clause and line 1, begin a new
680+paragraph and insert:
681+"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
682+260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
683+1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
684+following eleven (11) members:
685+(1) Nine (9) members appointed by the governor as follows:
686+(1) (A) Six (6) members who must be at large.
687+(2) (B) Two (2) members who must be alumni of Ball State
688+University.
689+(3) (C) One (1) member who must be a Ball State University
690+student.
691+(2) Two (2) at-large members appointed by the legislative
692+council who are not members of the general assembly.
693+SECTION 2. IC 21-19-3-3 IS REPEALED [EFFECTIVE JULY 1,
694+2024]. Sec. 3. Not more than six (6) of the nonstudent members of the
695+board of trustees may be of the same sex.
696+SECTION 3. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
697+260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
698+1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
699+death, incapacitation, or resignation shall be filled by appointment of
700+the governor appropriate appointing authority for the unexpired
701+term. Vacancies in offices held by alumni members shall be filled from
702+nominees submitted by the Ball State University alumni council.
703+SECTION 4. IC 21-20-3-2, AS ADDED BY P.L.2-2007, SECTION
704+261, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
705+1, 2024]: Sec. 2. The board of trustees has nine (9) eleven (11)
706+members.
707+SECTION 5. IC 21-20-3-3 IS REPEALED [EFFECTIVE JULY 1,
708+2024]. Sec. 3. This section does not apply to the student trustee
709+appointed to the board of trustees. Not more than:
710+(1) one (1) of the trustees elected to the board of trustees; and
711+(2) two (2) of the trustees appointed to the board of trustees;
712+may reside in the same county.
713+SECTION 6. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
714+ES 202—LS 6786/DI 110 16
715+SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
716+JULY 1, 2024]: Sec. 12. (a) The governor shall appoint five (5)
717+members of the board of trustees. for
718+(b) The legislative council shall appoint two (2) at-large
719+members of the board of trustees who are not members of the
720+general assembly.
721+(c) The members appointed under this section shall serve terms
722+of three (3) years.
723+(b) (d) Whenever a vacancy occurs in the membership of the board
724+of trustees who are appointed by the governor or legislative council
725+because of death or resignation or for any other reason, the vacancy
726+shall be filled by an appointment of the governor original appointing
727+authority for the unexpired term.
728+SECTION 7. IC 21-21-3-2, AS ADDED BY P.L.2-2007, SECTION
729+262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
730+1, 2024]: Sec. 2. The board of trustees is composed of nine (9) the
731+following eleven (11) trustees:
732+(1) Nine (9) members appointed by the governor as follows:
733+(1) (A) Seven (7) competent individuals, one (1) of whom
734+must be a student.
735+(2) (B) Two (2) competent individuals who are alumni of
736+Indiana State University nominated by the alumni council of
737+Indiana State University.
738+(2) Two (2) at-large members appointed by the legislative
739+council who are not members of the general assembly.
740+SECTION 8. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
741+2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
742+SECTION 9. IC 21-21-3-9, AS ADDED BY P.L.2-2007, SECTION
743+262, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
744+1, 2024]: Sec. 9. (a) The governor appropriate appointing authority
745+shall fill a vacancy occurring in the board of trustees from death,
746+resignation, or removal from the state for the unexpired term of the
747+retiring trustee.
748+(b) The alumni council of Indiana State University shall nominate
749+the appointee to fill a vacancy caused by the loss of an alumni member.
750+SECTION 10. IC 21-22-3-1, AS ADDED BY P.L.2-2007,
751+SECTION 263, IS AMENDED TO READ AS FOLLOWS
752+[EFFECTIVE JULY 1, 2024]: Sec. 1. Ivy Tech Community College
753+shall be governed by a state board of trustees appointed by the governor
754+and the legislative council as provided under section 3 of this
755+chapter.
756+SECTION 11. IC 21-22-3-3, AS AMENDED BY P.L.174-2018,
757+ES 202—LS 6786/DI 110 17
758+SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
759+JULY 1, 2024]: Sec. 3. (a) The number of members of the state board
760+of trustees must equal the number of regions established by the state
761+board of trustees plus one (1) three (3) additional member, members,
762+but shall not exceed fifteen (15) seventeen (17) total members.
763+(b) The legislative council shall appoint two (2) at-large
764+members to the state board of trustees who are not members of the
765+general assembly. The governor shall appoint the remaining
766+members described in subsection (a).
767+(c) The state board of trustees shall divide the state of Indiana into
768+regions. Each region shall be represented by one (1) trustee appointed
769+by the governor.
770+(d) Each member of the state board of trustees appointed by the
771+governor must have knowledge or experience in one (1) or more of the
772+following areas:
773+(1) Manufacturing.
774+(2) Commerce.
775+(3) Labor.
776+(4) Agriculture.
777+(5) State and regional economic development needs.
778+(6) Indiana's educational delivery system.
779+(e) One (1) member appointed by the governor must serve as an
780+at-large member. Appointments shall be for three (3) year terms, on a
781+staggered basis.
782+(b) (f) An individual who holds an elective or appointed office of
783+the state is not eligible to serve as a member of the state board of
784+trustees. A member of a campus board may be appointed to the state
785+board of trustees but must then resign from the campus board.
786+SECTION 12. IC 21-22-3-4, AS AMENDED BY P.L.174-2018,
787+SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
788+JULY 1, 2024]: Sec. 4. The governor appropriate appointing
789+authority shall fill all vacancies on the state board of trustees. All
790+members of the state board of trustees who are serving on July 1, 2018,
791+are entitled to serve until the ends end of their terms. At the end of a
792+trustee's term or otherwise upon the occurrence of a vacancy, the
793+governor appropriate appointing authority may appoint a trustee in
794+accordance with section 3 of this chapter.
795+SECTION 13. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
796+SECTION 264, IS AMENDED TO READ AS FOLLOWS
797+[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
798+ten (10) twelve (12) members, to be appointed for the term of service
799+and in the manner provided by this chapter. The terms of all trustees
800+ES 202—LS 6786/DI 110 18
801+terminate on July 1 of the year in which their terms of office expire.
802+SECTION 14. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
803+SECTION 237, IS AMENDED TO READ AS FOLLOWS
804+[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The governor shall appoint
805+ten (10) trustees, which includes the Purdue University alumni
806+selected under section 3 of this chapter, for Purdue University for the
807+term beginning on July 1 in conformity with this chapter.
808+(b) The general assembly urges the governor to appoint at least one
809+(1) resident of Allen County to the board of trustees of Purdue
810+University.
811+(c) Two (2) at-large members shall be appointed to the board of
812+trustees by the legislative council. The members appointed under
813+this subsection may not be members of the general assembly.
814+SECTION 15. IC 21-23-3-4 IS REPEALED [EFFECTIVE JULY 1,
815+2024]. Sec. 4. Seven (7) of the trustees shall be appointed by the
816+governor.
817+SECTION 16. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
818+SECTION 264, IS AMENDED TO READ AS FOLLOWS
819+[EFFECTIVE JULY 1, 2024]: Sec. 8. In case any vacancy occurs on
820+the board of trustees by reason of the resignation, removal from the
821+state, expiration of the term of office, or otherwise of any of the trustees
822+appointed by the governor, applicable appointing authority, the
823+vacancy shall be filled by the governor applicable appointing
824+authority from the respective classes as provided in this section to
825+serve only for the unexpired term.
826+SECTION 17. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
827+SECTION 264, IS AMENDED TO READ AS FOLLOWS
828+[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The acceptance of an
829+appointment by the governor or legislative council signifies that the
830+appointee will give the appointee's best efforts to the interests of
831+Purdue University and that the appointee will regularly attend the
832+meetings of the board of trustees.
833+(b) The secretary of the board of trustees shall report the attendance
834+of each meeting of the board of trustees to the governor and legislative
835+council regarding the respective members appointed by the
836+governor or legislative council. If a member is absent for two (2)
837+consecutive meetings without sufficient excuse, it shall be considered
838+sufficient cause for the governor or legislative council to ask for the
839+resignation of the member whom the governor or legislative council
840+appointed.
841+SECTION 18. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
842+SECTION 265, IS AMENDED TO READ AS FOLLOWS
843+ES 202—LS 6786/DI 110 19
844+[EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees consists of
845+nine (9) eleven (11) members who shall serve terms of four (4) years.
846+However, the term of a student member of the board of trustees is two
847+(2) years.
848+SECTION 19. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
849+SECTION 265, IS AMENDED TO READ AS FOLLOWS
850+[EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
851+trustees appointed by the governor must include at least the
53852 following:
54-(1) Review and recommend faculty employment policies
55-concerning cultural and intellectual diversity issues.
56-(2) Review faculty and administration personnel complaints
57-concerning cultural and intellectual diversity issues.
58-(3) Make recommendations to promote and maintain cultural and
59-intellectual diversity among faculty members.
60-(4) Make recommendations to promote recruitment and retention
61-of minority and underrepresented students.
62-(b) The diversity committee shall issue an annual report stating the
63-findings, conclusions, and recommendations of the committee to the
64-board of trustees.
65-SECTION 4. IC 21-27-5-4, AS ADDED BY P.L.167-2007,
66-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
67-JULY 1, 2024]: Sec. 4. (a) The board of trustees shall create a diversity
68-committee to do the following:
69-(1) Review and recommend faculty employment policies
70-concerning cultural and intellectual diversity issues.
71-(2) Review faculty and administration personnel complaints
72-concerning cultural and intellectual diversity issues.
73-(3) Make recommendations to promote and maintain cultural and
74-intellectual diversity among faculty members.
75-(4) Make recommendations to promote recruitment and retention
76-of minority and underrepresented students.
77-SEA 202 — Concur 3
78-(b) The diversity committee shall issue an annual report stating the
79-findings, conclusions, and recommendations of the committee to the
80-board of trustees.
81-SECTION 5. IC 21-27-6-7, AS AMENDED BY P.L.174-2018,
82-SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
83-JULY 1, 2024]: Sec. 7. (a) The board of trustees shall create a diversity
84-committee at the home campus and at each campus to do the following:
85-(1) Review and recommend faculty employment policies
86-concerning cultural and intellectual diversity issues.
87-(2) Review faculty and administration personnel complaints
88-concerning cultural and intellectual diversity issues.
89-(3) Make recommendations to promote and maintain cultural and
90-intellectual diversity among faculty members.
91-(4) Make recommendations to promote recruitment and retention
92-of minority and underrepresented students.
93-(b) The diversity committee shall issue an annual report stating the
94-findings, conclusions, and recommendations of the committee to the
95-state board.
96-SECTION 6. IC 21-27-7-6, AS ADDED BY P.L.167-2007,
97-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
98-JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
99-committee at the home campus and at each regional campus to do the
100-following:
101-(1) Review and recommend faculty employment policies
102-concerning cultural and intellectual diversity issues.
103-(2) Review faculty and administration personnel complaints
104-concerning cultural and intellectual diversity issues.
105-(3) Make recommendations to promote and maintain cultural and
106-intellectual diversity among faculty members.
107-(4) Make recommendations to promote recruitment and retention
108-of minority and underrepresented students.
109-(b) The diversity committee shall issue an annual report stating the
110-findings, conclusions, and recommendations of the committee to the
111-board of trustees.
112-SECTION 7. IC 21-27-8-7, AS ADDED BY P.L.167-2007,
113-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
114-JULY 1, 2024]: Sec. 7. (a) The board shall create a diversity committee
115-to do the following:
116-(1) Review and recommend faculty employment policies
117-concerning cultural and intellectual diversity issues.
118-(2) Review faculty and administration personnel complaints
119-concerning cultural and intellectual diversity issues.
120-SEA 202 — Concur 4
121-(3) Make recommendations to promote and maintain cultural and
122-intellectual diversity among faculty members.
123-(4) Make recommendations to promote recruitment and retention
124-of minority and underrepresented students.
125-(b) The diversity committee shall issue an annual report stating the
126-findings, conclusions, and recommendations of the committee to the
127-board.
128-SECTION 8. IC 21-27-9-6, AS ADDED BY P.L.167-2007,
129-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130-JULY 1, 2024]: Sec. 6. (a) The board of trustees shall create a diversity
131-committee at the home campus and at each regional campus to do the
132-following:
133-(1) Review and recommend faculty employment policies
134-concerning cultural and intellectual diversity issues.
135-(2) Review faculty and administration personnel complaints
136-concerning cultural and intellectual diversity issues.
137-(3) Make recommendations to promote and maintain cultural and
138-intellectual diversity among faculty members.
139-(4) Make recommendations to promote recruitment and retention
140-of minority and underrepresented students.
141-(b) The diversity committee shall issue an annual report stating the
142-findings, conclusions, and recommendations of the committee to the
143-board of trustees.
144-SECTION 9. IC 21-38-10 IS ADDED TO THE INDIANA CODE
853+(1) One (1) member who is an alumnus of the University of
854+Southern Indiana or an alumnus of the regional campus.
855+(2) One (1) member who is a full-time student in good standing
856+enrolled in the University of Southern Indiana.
857+(3) One (1) member who is a resident of Vanderburgh County.
858+SECTION 20. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
859+SECTION 265, IS AMENDED TO READ AS FOLLOWS
860+[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
861+nine (9) of the members of the board of trustees.
862+(b) The legislative council shall appoint two (2) at-large
863+members to the board of trustees. The members appointed under
864+this subsection may not be members of the general assembly.
865+(b) (c) If a vacancy occurs during the term of any member, the
866+governor appointing authority shall appoint an individual to serve the
867+unexpired term of the vacating member.
868+SECTION 21. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
869+SECTION 266, IS AMENDED TO READ AS FOLLOWS
870+[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
871+ten (10) twelve (12) trustees.
872+SECTION 22. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
873+SECTION 266, IS AMENDED TO READ AS FOLLOWS
874+[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) members of the
875+board of trustees shall be appointed by the governor, one (1) of whom
876+must be a resident of Knox County and one (1) of whom must be an
877+alumnus of Vincennes University. In addition, the governor shall
878+appoint one (1) trustee who is a full-time student of Vincennes
879+University during the student's term.
880+(b) The legislative council shall appoint two (2) at-large
881+members to the board of trustees. The members appointed under
882+this subsection may not be members of the general assembly.".
883+Page 4, between lines 9 and 10, begin a new paragraph and insert:
884+"SECTION 30. IC 21-38-2-1, AS ADDED BY P.L.2-2007,
885+SECTION 279, IS AMENDED TO READ AS FOLLOWS
886+ES 202—LS 6786/DI 110 20
887+[EFFECTIVE JULY 1, 2024]: Sec. 1. (a) This section applies to the
888+boards of trustees of the following state educational institutions:
889+(1) Indiana University.
890+(2) Purdue University.
891+(3) Indiana State University.
892+(4) Ball State University.
893+(b) Except as provided in section 7 of this chapter, each member
894+of the board of trustees of a state educational institution is entitled to
895+the minimum salary per diem provided by IC 4-10-11-2.1(b). The
896+member is also entitled to reimbursement for traveling expenses as
897+provided under IC 4-13-1-4 and other expenses actually incurred in
898+connection with the member's duties as provided in the state policies
899+and procedures established by the Indiana department of administration
900+and approved by the budget agency.
901+SECTION 31. IC 21-38-2-3, AS AMENDED BY P.L.3-2008,
902+SECTION 145, IS AMENDED TO READ AS FOLLOWS
903+[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Except as provided in
904+section 7 of this chapter, a member of the board of trustees of Ivy
905+Tech Community College is entitled to the minimum salary per diem
906+provided by IC 4-10-11-2.1(b), unless the member holds another
907+position that is considered a lucrative office within the meaning of
908+Article 2, Section 9 of the Constitution of the State of Indiana.
909+(b) A member of the board of trustees of Ivy Tech Community
910+College is entitled to reimbursement for travel expenses and other
911+expenses actually incurred in connection with the member's duties as
912+provided in the state policies and procedures established by the Indiana
913+department of administration and approved by the budget agency.
914+SECTION 32. IC 21-38-2-5, AS ADDED BY P.L.2-2007,
915+SECTION 279, IS AMENDED TO READ AS FOLLOWS
916+[EFFECTIVE JULY 1, 2024]: Sec. 5. Except as provided in section
917+7 of this chapter, each member of the board of trustees of the
918+University of Southern Indiana is entitled to the minimum salary per
919+diem provided by IC 4-10-11-2.1(b). Each member is also entitled to
920+reimbursement for traveling expenses and other expenses actually
921+incurred in connection with the member's duties, as provided in the
922+state travel policies and procedures established by the department of
923+administration and approved by the budget agency.
924+SECTION 33. IC 21-38-2-6, AS ADDED BY P.L.2-2007,
925+SECTION 279, IS AMENDED TO READ AS FOLLOWS
926+[EFFECTIVE JULY 1, 2024]: Sec. 6. Except as provided in section
927+7 of this chapter, the members of the board of trustees of Vincennes
928+University shall serve without compensation, except that each member
929+ES 202—LS 6786/DI 110 21
930+is entitled to the salary per diem as provided by IC 4-10-11-2.1 and to
931+reimbursement for travel, lodging, meals, and other expenses as
932+provided in the state travel policies and procedures established by the
933+Indiana department of administration and approved by the budget
934+agency.
935+SECTION 34. IC 21-38-2-7 IS ADDED TO THE INDIANA CODE
936+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
937+1, 2024]: Sec. 7. Any member of a board of trustees of a state
938+educational institution who is a state employee:
939+(1) is not entitled to a minimum salary per diem provided by
940+IC 4-10-11-2.1; and
941+(2) is entitled to reimbursement for traveling expenses as
942+provided under IC 4-13-1-4 and other expenses actually
943+incurred in connection with the member's duties as provided
944+in the state policies and procedures established by the Indiana
945+department of administration and approved by the budget
946+agency.".
947+Page 12, after line 24, begin a new paragraph and insert:
948+"SECTION 39. IC 21-49-4 IS ADDED TO THE INDIANA CODE
145949 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
146950 JULY 1, 2024]:
147-Chapter 10. Diversity Programming
148-Sec. 1. A state educational institution that establishes, supports,
149-sustains, or employs an office or individual whose primary duties
150-include coordinating, creating, developing, designing,
151-implementing, organizing, planning, or promoting noncredit
152-earning diversity programming shall include within the mission of
153-the office or position programming that substantially promotes
154-both cultural and intellectual diversity.
155-SECTION 10. IC 21-39-8-12, AS ADDED BY P.L.145-2022,
156-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
157-JULY 1, 2024]: Sec. 12. A state educational institution shall:
158-(1) create student protected expressive activity policies that are
159-consistent with this chapter;
160-(2) create a policy that includes a range of disciplinary actions
161-with regard to an employee, student, student organization, or
162-contractor of the state educational institution that materially
163-SEA 202 — Concur 5
164-and substantially disrupts the protected expressive activity of
165-another employee, student, student organization, or
166-contractor of the state educational institution;
167-(2) (3) make protected expressive activity policies created under
168-subdivisions (1) and (2) public in the state educational
169-institution's handbooks, on the state educational institution's
170-Internet web site, website, and at the state educational institution's
171-student orientation programs; and
172-(3) (4) develop materials, programs, and procedures to ensure that
173-individuals who are responsible for disciplining and educating
174-students, including administrators, campus police officers,
175-residence life officials, and professors, understand the policies,
176-regulations, and duties of the state educational institution
177-regarding protected expressive activity on campus.
178-SECTION 11. IC 21-39.5 IS ADDED TO THE INDIANA CODE
179-AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY
180-1, 2024]:
181-ARTICLE 39.5. STATE EDUCATIONAL INSTITUTIONS:
182-THE PROTECTION OF FREE INQUIRY, FREE EXPRESSION,
183-AND INTELLECTUAL DIVERSITY
184-Chapter 1. Definitions
185-Sec. 1. The definitions in this chapter apply throughout this
186-article.
187-Sec. 2. "Board of trustees" refers to the board of trustees of
188-each of the following:
189-(1) Ball State University.
190-(2) Indiana State University.
191-(3) Indiana University.
192-(4) Ivy Tech Community College.
193-(5) Purdue University.
194-(6) University of Southern Indiana.
195-(7) Vincennes University.
196-Sec. 3. "Faculty member" means an employee of an institution
197-whose employment duties include teaching students of the
198-institution.
199-Sec. 4. "Institution" refers to a state educational institution.
200-Sec. 5. "Intellectual diversity" means multiple, divergent, and
201-varied scholarly perspectives on an extensive range of public policy
202-issues.
203-Sec. 6. "Promotion" means the advancement of a faculty
204-member's employment position to a higher rank, level, or
205-distinction within an institution.
206-SEA 202 — Concur 6
207-Sec. 7. "Tenure" means a status of continuous employment
208-granted to a faculty member of an institution in which the faculty
209-member may not be dismissed except for good cause or in
210-accordance with one (1) or more of the following:
211-(1) The policies and procedures adopted by the institution.
212-(2) An employment agreement entered into between the
213-institution and faculty member.
214-Chapter 2. Tenure, Promotion, Employment, Complaints, and
215-Disciplinary Actions
216-Sec. 1. (a) This section applies to an institution that grants
217-tenure or promotions to faculty members.
218-(b) Subject to subsection (c), each board of trustees of an
219-institution shall establish a policy that provides that a faculty
220-member may not be granted tenure or a promotion by the
221-institution if, based on past performance or other determination by
222-the board of trustees, the faculty member is:
223-(1) unlikely to foster a culture of free inquiry, free expression,
224-and intellectual diversity within the institution;
225-(2) unlikely to expose students to scholarly works from a
226-variety of political or ideological frameworks that may exist
227-within and are applicable to the faculty member's academic
228-discipline; or
229-(3) likely, while performing teaching duties within the scope
230-of the faculty member's employment, to subject students to
231-political or ideological views and opinions that are unrelated
232-to the faculty member's academic discipline or assigned
233-course of instruction.
234-(c) A policy established under subsection (b) must provide that
235-the board of trustees of an institution may not consider the
236-following actions by a faculty member when determining whether
237-a faculty member may not be granted tenure or a promotion by the
951+Chapter 4. State Educational Institution Information Reporting
952+Sec. 1. Each state educational institution shall, at the time the
953+state educational institution submits its legislative budget request,
954+submit to the budget committee a report that includes the following
955+information:
956+(1) For each academic year, beginning with the 2000-2001
957+academic year, the total number of state educational
238958 institution:
239-(1) Expressing dissent or engaging in research or public
240-commentary on subjects.
241-(2) Criticizing the institution's leadership.
242-(3) Engaging in any political activity conducted outside the
243-faculty member's teaching or mentoring duties at the
244-institution.
245-Sec. 2. (a) Not later than five (5) years after the date that a
246-faculty member is granted tenure by an institution and not later
247-than every five (5) years thereafter, the board of trustees of an
248-institution shall review and determine whether the faculty member
249-SEA 202 — Concur 7
250-has met the following criteria:
251-(1) Helped the institution foster a culture of free inquiry, free
252-expression, and intellectual diversity within the institution.
253-(2) Introduced students to scholarly works from a variety of
254-political or ideological frameworks that may exist within the
255-curricula established by the:
256-(A) board of trustees of the institution under
257-IC 21-41-2-1(b); or
258-(B) faculty of the institution acting under authority
259-delegated by the board of trustees of the institution.
260-(3) While performing teaching duties within the scope of the
261-faculty member's employment, refrained from subjecting
262-students to views and opinions concerning matters not related
263-to the faculty member's academic discipline or assigned
264-course of instruction.
265-(4) Adequately performed academic duties and obligations.
266-(5) Met any other criteria established by the board of trustees.
267-(b) If the board of trustees of an institution reviews and makes
268-a determination that a faculty member meets the criteria under
269-subsection (a), the board of trustees shall certify that the board
270-reviewed and made a determination that the faculty member met
271-the criteria.
272-(c) In determining whether a faculty member has adequately
273-met the criteria under subsection (a), the board of trustees of an
274-institution may not consider the following actions by a faculty
275-member:
276-(1) Expressing dissent or engaging in research or public
277-commentary on subjects.
278-(2) Criticizing the institution's leadership.
279-(3) Engaging in any political activity conducted outside the
280-faculty member's teaching duties at the institution.
281-(d) The institution shall adopt a policy that establishes
282-disciplinary actions, including:
283-(1) termination;
284-(2) demotion;
285-(3) salary reduction;
286-(4) other disciplinary action as determined by the institution;
287-or
288-(5) any combination of subdivisions (1) through (4);
289-that the institution will take if the board of trustees determines in
290-a review conducted under subsection (a) that a tenured faculty
291-member has failed to meet one (1) or more of the criteria described
292-SEA 202 — Concur 8
293-in subsection (a)(1) through (a)(5).
294-(e) The board of trustees of each institution shall, at least every
295-five (5) years, review and renew or amend:
296-(1) the process for reviewing and making a determination
297-under subsection (a); and
298-(2) any criteria established under subsection (a)(5).
299-Sec. 3. (a) This section applies to the following:
300-(1) A faculty member.
301-(2) A person with whom the institution contracts to teach a
302-student of the institution.
303-(b) Before an institution:
304-(1) renews an employment agreement or other contract with;
305-(2) makes a bonus decision regarding; or
306-(3) completes a review or performance assessment of;
307-a faculty member or person described in subsection (a), the
308-institution shall give substantial consideration to the faculty
309-member's or person's performance regarding the criteria
310-described in section 2(a)(1) through 2(a)(5) of this chapter.
311-Sec. 4. (a) Each institution shall do the following:
312-(1) Establish a procedure that allows both students and
313-employees to submit complaints that a faculty member or
314-person described in section 3(a) of this chapter is not meeting
315-the criteria described in section 2(a)(1) through 2(a)(5) of this
316-chapter.
317-(2) Provide information regarding the procedure established
318-under subdivision (1):
319-(A) at student orientations;
320-(B) on the institution's website; and
321-(C) during employee onboarding programs.
322-(3) Refer complaints submitted under subdivision (1) to
323-appropriate human resource professionals and supervisors
324-for consideration in employee reviews and tenure and
325-promotion decisions.
326-(4) Make complaints submitted under subdivision (1) and any
327-relevant documents, summaries, or investigations available to
328-the board of trustees of the institution.
329-(5) Not later than April 1, 2025, and not later than April 1
330-each year thereafter, submit a report to the commission for
331-higher education that summarizes the following:
332-(A) The procedure that the institution established under
333-subdivision (1) for the submission of complaints.
334-(B) How and when the institution has provided or made
335-SEA 202 — Concur 9
336-available the information concerning the submission of
337-complaints procedure to students, faculty members, other
338-employees, and contractors of the institution.
339-(C) The number of complaints submitted, disaggregated by
340-a brief description of the types or categories of complaints
341-submitted, during the previous calendar year.
342-(b) The commission for higher education shall do the following:
343-(1) Prepare a report that provides the following information:
344-(A) The total number of complaint submissions that each
345-institution received as provided by the institution under
346-subsection (a)(5).
347-(B) The number of complaint submissions as described in
348-clause (A), disaggregated by a brief description of the types
349-or categories of complaints submitted.
350-(2) Not later than July 1, 2025, and not later than July 1 of
351-each odd-numbered year thereafter, submit the report
352-described in subdivision (1) to the legislative council in an
353-electronic format under IC 5-14-6.
354-(c) An institution and the commission for higher education may
355-not include information in a report submitted under this section
356-that identifies the following:
357-(1) A student or employee who submits a complaint under this
358-section.
359-(2) A faculty member or person described in section 3(a)(2) of
360-this chapter against whom a complaint was submitted.
361-Sec. 5. If an institution is unable to fully comply with this
362-chapter due to an employment agreement entered into with a
363-faculty member or person described in section 3(a) of this chapter
364-before July 1, 2024, the institution shall attempt to comply with this
365-chapter to the extent possible under the employment agreement
366-with the faculty member or person.
367-Sec. 6. Nothing in this chapter prohibits or restricts a board of
368-trustees of an institution from:
369-(1) delegating responsibility under policies approved by the
370-board of trustees to conduct the faculty reviews and make the
371-determinations described in this chapter; or
372-(2) establishing additional policies or criteria.
373-Chapter 3. Requirements Regarding Students, Employees,
374-Contractors, and Applicants
375-Sec. 1. (a) This section applies to the following:
376-(1) An applicant for admission, enrollment, or employment at
377-an institution.
378-SEA 202 — Concur 10
379-(2) An employee of the institution.
380-(3) A person with whom the institution contracts to teach a
381-student of the institution.
382-(b) An institution may not require an applicant, an employee, or
383-a person described in subsection (a) to pledge allegiance to or make
384-a statement of personal support for any:
385-(1) policy or action that would treat similarly situated people
386-or groups of people differently based on the race, color,
387-national origin, sex, sexual orientation, or religion; or
388-(2) political or ideological movement.
389-(c) If an institution receives a pledge or statement described in
390-subsection (b), including any statement regarding diversity, equity,
391-and inclusion, or related topics, the institution may not award:
392-(1) admission, enrollment, or employment;
393-(2) benefits;
394-(3) hiring, reappointment, or promotion; or
395-(4) granting tenure;
396-to an applicant, an employee, or a person described in subsection
397-(a) on the basis of the viewpoints expressed in the pledge or
398-statement.
399-Sec. 2. An institution shall include the following information in
400-the institution's programming for new students:
401-(1) The importance of:
402-(A) free inquiry and free expression; and
403-(B) intellectual diversity of viewpoints.
404-(2) The appropriate and inappropriate responses to speech
405-that a student finds offensive or disagreeable.
406-Chapter 4. Policy on Neutrality
407-Sec. 1. The board of trustees of each institution shall adopt a
408-policy on the neutrality of the institution that makes a distinction
409-between the official positions of the institution, including its
410-schools, colleges, and departments, from the individual viewpoints
411-of the institution's employees, contractors, students, and alumni.
412-Sec. 2. A policy adopted under section 1 of this chapter must
413-limit the circumstances in which an employee or group of
414-employees from the institution may establish an official institution,
415-school, college, or department position on political, moral, or
416-ideological issues to only those circumstances that affect the core
417-mission of the institution and its values of free inquiry, free
418-expression, and intellectual diversity.
419-Sec. 3. Nothing in this chapter may be construed to limit the:
420-(1) free speech of any individual beyond any employment
421-SEA 202 — Concur 11
422-requirements established by the institution; or
423-(2) ability of an institution to advocate for state funding or
424-educational policies to the state or federal government.
425-Chapter 5. Reporting Requirements
426-Sec. 1. The commission for higher education may establish a
427-student survey that attempts to collect information from students
428-of an institution regarding the current perceptions of whether free
429-speech and academic freedom are recognized and fostered by the
430-institution in a manner that welcomes expression of different
431-opinions and ideologies with respect to, but not limited to, classes,
432-faculty members and other instructors, peer interactions, speakers,
433-and campus groups.
434-Sec. 2. If the commission for higher education establishes a
435-student survey under section 1 of this chapter, each institution may
436-promote and provide to students the survey established under
437-section 1 of this chapter.
438-Sec. 3. If the commission for higher education establishes a
439-student survey under section 1 of this chapter, the commission for
440-higher education may do the following:
441-(1) Prepare a biennial report that summarizes, for each
442-institution, the information collected from the student survey
443-responses.
444-(2) Submit the report described in subdivision (1) to the
445-legislative council in an electronic format under IC 5-14-6.
446-(3) Post the report on the commission for higher education's
447-website.
448-Sec. 4. Not later than September 1, 2024, each institution shall
449-submit the following to the commission for higher education:
959+(A) full-time and tenured professors;
960+(B) adjunct instructors;
961+(C) other contingent faculty; and
962+(D) nonacademic support or administrative employees.
963+(2) For each academic year, the total number of employees at
964+the state educational institution whose primary or secondary
965+job duties or job titles include diversity, equity, and inclusion.
966+(3) For each academic year, the total number of state
967+educational institution adjudications or proceedings
968+regarding violations of policies regarding diversity, equity,
969+and inclusion or harassment.
970+(4) A list and description of what the state educational
971+institution does to ensure free speech rights of students.
972+ES 202—LS 6786/DI 110 22
973+(5) A list and description of what the state educational
974+institution does to ensure intellectual freedom for professors.
975+(6) A list and description of what the state educational
976+institution does to ensure intellectual and ideological diversity
977+of professors.".
978+Renumber all SECTIONS consecutively.
979+and when so amended that said bill do pass.
980+(Reference is to SB 202 as introduced.)
981+RAATZ, Chairperson
982+Committee Vote: Yeas 9, Nays 4.
983+_____
984+SENATE MOTION
985+Madam President: I move that Senate Bill 202 be amended to read
986+as follows:
987+Page 17, delete lines 7 through 29, begin a new paragraph and
988+insert:
989+"Sec. 4. Not later than September 1, 2024, each institution shall
990+submit the following to the commission for higher education and
991+the state budget committee:
450992 (1) Data describing the institution's budget allocations for
451993 diversity, equity, and inclusion initiatives.
452994 (2) Information regarding the definitions, guidelines, and
453995 parameters the institution used in determining which
454996 initiatives were considered by the institution to be diversity,
455997 equity, and inclusion initiatives.
456998 This section expires July 1, 2025.
457999 Sec. 5. Not later than November 1, 2024, the commission for
4581000 higher education shall do the following:
4591001 (1) Review the information submitted by the institutions
4601002 under section 4 of this chapter.
461-(2) Submit a report to the budget committee regarding
462-consistent definitions, guidelines, and parameters that would
463-allow the information submitted under section 4 of this
464-SEA 202 — Concur 12
465-chapter to be compared across institutions and academic
466-years.
1003+(2) Recommend to the budget committee consistent
1004+definitions, guidelines, and parameters that would allow the
1005+information submitted under section 4 of this chapter to be
1006+compared across institutions and academic years.
4671007 This section expires July 1, 2025.
468-Chapter 6. Construction and Enforcement
469-Sec. 1. Nothing in this article may be construed to do the
470-following:
471-(1) Preclude efforts to gauge an applicant's commitment,
472-plans, or past performance in fostering intellectual diversity.
473-(2) Prohibit an institution from:
474-(A) requiring a student, faculty member, contractor, or
475-any other employee of the institution to comply with
476-federal or state antidiscrimination laws; or
477-(B) taking action against a student, faculty member,
478-contractor, or any other employee of the institution for a
479-violation of federal or state antidiscrimination laws.
480-(3) Limit or restrict the academic freedom of faculty members
481-or prevent faculty members from teaching, researching, or
482-writing publications about diversity, equity, and inclusion or
483-other topics.
484-(4) Prohibit an institution from considering the subject matter
485-competency of any candidate for employment, reappointment,
486-tenure, or promotion when the subject matter is germane to
487-the candidate's or faculty member's field of scholarship.
488-(5) Prohibit an institution from considering the candidate's or
489-faculty member's past or potential for future contributions to
490-fostering a culture of intellectual diversity at the institution.
491-(6) Prohibit an institution from complying with federal
492-requirements to be eligible for federal grants.
493-Sec. 2. (a) As used in this chapter, "petitioner" means any of the
494-following:
495-(1) A student of an institution.
496-(2) An employee of an institution.
497-(b) After completing any applicable complaint process
498-established by the institution regarding a violation of this article,
499-a petitioner may request that the commission for higher education
500-review the institution's final decision under the following
501-circumstances:
502-(1) A procedural defect materially affected the institution's
503-final decision.
504-(2) New evidence that materially affects the institution's final
505-decision and was not reasonably available at the time the final
506-decision was rendered becomes available.
507-SEA 202 — Concur 13
508-(3) The institution's investigator had a conflict of interest or
509-bias concerning the petitioner that materially affected the
510-institution's final decision.
511-(4) The petitioner believes the institution disregarded law in
512-rendering a final decision.
513-(c) The commission for higher education shall review the
514-request submitted under subsection (b) and issue a final opinion
515-regarding the request not later than sixty (60) days after the date
516-that the commission for higher education receives the request.
517-(d) The commission for higher education may enter into an
518-agreement with the office of administrative law proceedings
519-established by IC 4-15-10.5 to carry out this section.
520-SECTION 12. IC 21-49-4 IS ADDED TO THE INDIANA CODE
1008+Sec. 6. At the time an institution submits its legislative budget
1009+request, the institution shall, in a manner prescribed by the state
1010+ES 202—LS 6786/DI 110 23
1011+budget committee, submit to the state budget committee data
1012+describing the institution's budget allocations for diversity, equity,
1013+and inclusion initiatives.".
1014+Page 18, delete lines 32 through 42, begin a new paragraph and
1015+insert:
1016+"SECTION 38. IC 21-49-4 IS ADDED TO THE INDIANA CODE
5211017 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
5221018 JULY 1, 2024]:
5231019 Chapter 4. State Educational Institution Information Reporting
5241020 Sec. 1. Not later than September 1, 2024, each state educational
525-institution shall submit to the commission for higher education the
526-following information:
1021+institution shall submit to the commission for higher education and
1022+the state budget committee the following information:
5271023 (1) For each academic year, beginning with the 2017-2018
5281024 academic year, the total number of state educational
5291025 institution:
5301026 (A) full-time and tenured professors;
5311027 (B) adjunct instructors;
5321028 (C) other contingent faculty; and
5331029 (D) nonacademic support or administrative employees.
5341030 (2) For each academic year, the total number of employees at
5351031 the state educational institution whose primary or secondary
5361032 job duties or job titles include diversity, equity, and inclusion.
5371033 (3) For each academic year, the total number of state
5381034 educational institution adjudications or proceedings
5391035 regarding violations of policies regarding diversity, equity,
5401036 and inclusion or harassment.
5411037 (4) A list and description of what the state educational
5421038 institution does to ensure free speech rights of students.
5431039 (5) A list and description of what the state educational
5441040 institution does to ensure intellectual freedom for professors.
5451041 (6) A list and description of what the state educational
5461042 institution does to ensure intellectual and ideological diversity
5471043 of professors.
5481044 (7) Information regarding the definitions, guidelines, and
5491045 parameters the institution used in determining which
550-SEA 202 — Concur 14
5511046 information under subdivisions (1) through (6) to include in
5521047 the submission under this section.
5531048 This section expires July 1, 2025.
5541049 Sec. 2. Not later than November 1, 2024, the commission for
5551050 higher education shall do the following:
5561051 (1) Review the information submitted by the institutions
5571052 under section 1 of this chapter.
558-(2) Submit a report to the budget committee regarding
559-consistent definitions, guidelines, and parameters that would
560-allow the information submitted under section 1 of this
561-chapter to be compared across state educational institutions
562-and academic years.
1053+ES 202—LS 6786/DI 110 24
1054+(2) Recommend to the budget committee consistent
1055+definitions, guidelines, and parameters that would allow the
1056+information submitted under section 1 of this chapter to be
1057+compared across state educational institutions and academic
1058+years.
5631059 This section expires July 1, 2025.
564-Sec. 3. Not later than September 1, 2024, and September 1 of
565-each year thereafter, a state educational institution shall submit to
566-the state budget committee a report with the following information
567-for the preceding state fiscal year:
568-(1) The total number of state educational institution:
1060+Sec. 3. At the time a state educational institution submits its
1061+legislative budget request, the state educational institution shall, in
1062+a manner prescribed by the state budget committee, submit to the
1063+state budget committee the following information:
1064+(1) For each academic year, the total number of state
1065+educational institution:
5691066 (A) full-time and tenured professors;
5701067 (B) adjunct instructors;
5711068 (C) other contingent faculty; and
5721069 (D) nonacademic support or administrative employees.
573-(2) The total number of employees at the state educational
574-institution whose primary or secondary job duties or job titles
575-include diversity, equity, and inclusion.
576-(3) The total number of state educational institution
577-adjudications or proceedings regarding violations of policies
578-regarding diversity, equity, and inclusion or harassment.
1070+(2) For each academic year, the total number of employees at
1071+the state educational institution whose primary or secondary
1072+job duties or job titles include diversity, equity, and inclusion.
1073+(3) For each academic year, the total number of state
1074+educational institution adjudications or proceedings
1075+regarding violations of policies regarding diversity, equity,
1076+and inclusion or harassment.
5791077 (4) A list and description of what the state educational
580-institution did to ensure free speech rights of students.
1078+institution does to ensure free speech rights of students.
5811079 (5) A list and description of what the state educational
582-institution did to ensure intellectual freedom for professors.
1080+institution does to ensure intellectual freedom for professors.
5831081 (6) A list and description of what the state educational
584-institution did to ensure intellectual and ideological diversity
585-of professors.
586-(7) The institution's budget allocations for diversity, equity,
587-and inclusion initiatives.
588-SEA 202 — Concur President of the Senate
589-President Pro Tempore
590-Speaker of the House of Representatives
591-Governor of the State of Indiana
592-Date: Time:
593-SEA 202 — Concur
1082+institution does to ensure intellectual and ideological diversity
1083+of professors.".
1084+Delete page 19.
1085+(Reference is to SB 202 as printed January 26, 2024.)
1086+DEERY
1087+_____
1088+SENATE MOTION
1089+Madam President: I move that Senate Bill 202 be amended to read
1090+as follows:
1091+Page 1, delete lines 1 through 15, begin a new paragraph and insert:
1092+"SECTION 1. IC 21-19-3-2, AS ADDED BY P.L.2-2007, SECTION
1093+ES 202—LS 6786/DI 110 25
1094+260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1095+1, 2024]: Sec. 2. The board of trustees is composed of the following
1096+nine (9) members:
1097+(1) Seven (7) members appointed by the governor as follows:
1098+(1) (A) Six (6) members who must be at large.
1099+(2) Two (2) members who must be alumni of Ball State
1100+University.
1101+(3) (B) One (1) member who must be a Ball State University
1102+student.
1103+(2) Two (2) members appointed as follows:
1104+(A) One (1) member who:
1105+(i) is appointed by the president pro tempore of the
1106+senate with advice from the minority leader of the
1107+senate;
1108+(ii) is an alumnus of Ball State University; and
1109+(iii) is not a member of the general assembly.
1110+(B) One (1) member who:
1111+(i) is appointed by the speaker of the house of
1112+representatives with advice from the minority leader of
1113+the house of representatives;
1114+(ii) is an alumnus of Ball State University; and
1115+(iii) is not a member of the general assembly.
1116+SECTION 2. IC 21-19-3-3, AS AMENDED BY P.L.29-2012,
1117+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1118+JULY 1, 2024]: Sec. 3. Not more than six (6) of the nonstudent
1119+members of The board of trustees may be of not consist of members
1120+who are all of the same sex.
1121+SECTION 3. IC 21-19-3-6 IS REPEALED [EFFECTIVE JULY 1,
1122+2024]. Sec. 6. (a) The Ball State University alumni council shall
1123+designate the term and nominate a person for each of the two (2)
1124+alumni memberships on the board of trustees.
1125+(b) The Ball State University alumni council, through the president
1126+of Ball State University, shall submit the names of the nominees to the
1127+governor for the governor's immediate appointment to the board of
1128+trustees.
1129+SECTION 4. IC 21-19-3-7 IS REPEALED [EFFECTIVE JULY 1,
1130+2024]. Sec. 7. At least thirty (30) days before the expiration of the term
1131+of an alumni member, the Ball State University Alumni Council, or its
1132+successor, must submit, through the president of Ball State University,
1133+the name of the nominee to succeed the retiring alumni member. The
1134+governor shall appoint the nominee as an alumni member of the board
1135+of trustees.
1136+ES 202—LS 6786/DI 110 26
1137+SECTION 5. IC 21-19-3-8, AS ADDED BY P.L.2-2007, SECTION
1138+260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1139+1, 2024]: Sec. 8. (a) With the exception of the student member of the
1140+board of trustees, Except as provided under subsections (c) and (d),
1141+all appointments to the Ball State University board of trustees are for
1142+four (4) year terms. Except for appointments under section 2(2) of
1143+this chapter, each term of a nonstudent board member begins on
1144+January 1 of the appropriate year.
1145+(b) The term of a member continues until the member's successor is
1146+appointed and qualified.
1147+(c) The student member of the board of trustees is appointed for a
1148+two (2) year term. The student member's term begins on July 1 of the
1149+year in which the student member is appointed. The student member
1150+must be a full-time student at Ball State University throughout the
1151+student member's term.
1152+(d) The term of a member appointed under section 2(2) of this
1153+chapter shall expire on June 30 of each odd-numbered year.
1154+SECTION 6. IC 21-19-3-9, AS ADDED BY P.L.2-2007, SECTION
1155+260, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY
1156+1, 2024]: Sec. 9. A vacancy occurring on the board of trustees from
1157+death, incapacitation, or resignation shall be filled by appointment of
1158+the governor appropriate appointing authority for the unexpired
1159+term. Vacancies in offices held by alumni members shall be filled from
1160+nominees submitted by the Ball State University alumni council.
1161+SECTION 7. IC 21-19-3-10 IS ADDED TO THE INDIANA CODE
1162+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1163+1, 2024]: Sec. 10. (a) As used in this section "alumnus appointed
1164+member" refers to a current member of the board of trustees who
1165+was an alumnus appointment by the governor before July 1, 2024.
1166+(b) An alumnus appointed member may serve until the
1167+member's term expires.
1168+(c) Notwithstanding section 9 of this chapter, the president pro
1169+tempore of the senate shall appoint an alumnus member as
1170+provided under section 2(2)(A) of this chapter upon the earlier of:
1171+(1) the expiration of an alumnus appointed member's term; or
1172+(2) a vacancy on the board of trustees by an alumnus
1173+appointed member.
1174+(d) Notwithstanding section 9 of this chapter, after the president
1175+pro tempore of the senate appoints an alumnus member under
1176+subsection (c), the speaker of the house of representatives shall
1177+appoint an alumnus member as provided under section 2(2)(B) of
1178+this chapter upon the earlier of:
1179+ES 202—LS 6786/DI 110 27
1180+(1) the expiration of the remaining alumnus appointed
1181+member's term; or
1182+(2) a vacancy on the board of trustees by the remaining
1183+alumnus appointed member.
1184+(e) This section expires July 1, 2029.
1185+SECTION 8. IC 21-20-3-3 IS REPEALED [EFFECTIVE UPON
1186+PASSAGE]. Sec. 3. This section does not apply to the student trustee
1187+appointed to the board of trustees. Not more than:
1188+(1) one (1) of the trustees elected to the board of trustees; and
1189+(2) two (2) of the trustees appointed to the board of trustees;
1190+may reside in the same county.
1191+SECTION 9. IC 21-20-3-4, AS AMENDED BY P.L.29-2012,
1192+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1193+UPON PASSAGE]: Sec. 4. (a) Three (3) members One (1) member of
1194+the board of trustees shall be elected by the alumni of Indiana
1195+University under this chapter. In the year in which the term of any the
1196+member of the board of trustees elected by the alumni expires, a
1197+successor to the trustee shall be elected by the alumni of Indiana
1198+University, to serve for a term of three (3) years beginning July 1 next
1199+succeeding the election.
1200+(b) When a vacancy occurs in the membership regarding the
1201+member of the board of trustees who are is elected by the alumni,
1202+because of death, resignation, or any other reason, the vacancy shall be
1203+filled by selection by the Indiana University alumni association
1204+executive council for the unexpired term.
1205+SECTION 10. IC 21-20-3-5, AS ADDED BY P.L.2-2007,
1206+SECTION 261, IS AMENDED TO READ AS FOLLOWS
1207+[EFFECTIVE UPON PASSAGE]: Sec. 5. The members member of the
1208+board of trustees who are is elected by the alumni of Indiana University
1209+must be alumni an alumnus of Indiana University.
1210+SECTION 11. IC 21-20-3-8, AS AMENDED BY P.L.29-2012,
1211+SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1212+UPON PASSAGE]: Sec. 8. The election of members the member of
1213+the board of trustees shall be held at Indiana University on the secular
1214+day immediately preceding July 1. At that time trustees the trustee
1215+shall be elected to:
1216+(1) serve for a term of three (3) years from July 1 next succeeding
1217+the trustee's election; and
1218+(2) complete any unexpired term or terms.
1219+SECTION 12. IC 21-20-3-9, AS AMENDED BY P.L.29-2012,
1220+SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1221+UPON PASSAGE]: Sec. 9. The university librarian shall conduct the
1222+ES 202—LS 6786/DI 110 28
1223+elections to select the three (3) alumni members one (1) alumnus
1224+member of the board of trustees elected by the alumni of Indiana
1225+University. All alumni (as described in section 6 of this chapter) are
1226+eligible to participate in the election either by electronic or printed
1227+ballot, and each eligible individual may cast only one (1) vote. A
1228+request for a printed ballot must be made in writing to the university
1229+librarian not later than May 1 of an election year. The university
1230+librarian may adopt rules and regulations as necessary to carry out this
1231+section.
1232+SECTION 13. IC 21-20-3-12, AS AMENDED BY P.L.29-2012,
1233+SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1234+UPON PASSAGE]: Sec. 12. (a) The governor shall appoint five (5) six
1235+(6) members of the board of trustees, for including the student
1236+member appointed under section 13 of this chapter.
1237+(b) The president pro tempore of the senate with advice from
1238+the minority leader of the senate shall appoint one (1) member of
1239+the board of trustees who:
1240+(1) is an alumnus of Indiana University; and
1241+(2) is not a member of the general assembly.
1242+(c) The speaker of the house of representatives with advice from
1243+the minority leader of the house of representatives shall appoint
1244+one (1) member of the board of trustees who:
1245+(1) is an alumnus of Indiana University; and
1246+(2) is not a member of the general assembly.
1247+(d) Except as provided under section 13 of this chapter, the
1248+members appointed under subsection (a) shall serve terms of three
1249+(3) years.
1250+(e) The term of a member appointed under subsection (b) or (c)
1251+shall expire on June 30 of each odd-numbered year.
1252+(b) (f) Whenever a vacancy occurs in the membership of the board
1253+of trustees who are appointed by the governor, president pro tempore
1254+of the senate, or speaker of the house of representatives because of
1255+death or resignation or for any other reason, the vacancy shall be filled
1256+by an appointment of the governor appropriate appointing authority
1257+for the unexpired term.
1258+SECTION 14. IC 21-20-3-12.5 IS ADDED TO THE INDIANA
1259+CODE AS A NEW SECTION TO READ AS FOLLOWS
1260+[EFFECTIVE JULY 1, 2024]: Sec. 12.5. The board of trustees may
1261+not consist of members who are all of the same sex.
1262+SECTION 15. IC 21-20-3-17 IS ADDED TO THE INDIANA
1263+CODE AS A NEW SECTION TO READ AS FOLLOWS
1264+[EFFECTIVE UPON PASSAGE]: Sec. 17. (a) As used in this section
1265+ES 202—LS 6786/DI 110 29
1266+"alumnus appointed member" refers to a current member of the
1267+board of trustees who was an alumnus appointment by the
1268+governor before July 1, 2024.
1269+(b) An alumnus appointed member may serve until the
1270+member's term expires.
1271+(c) Notwithstanding section 12(f) of this chapter, the speaker of
1272+the house of representatives shall appoint an alumnus member as
1273+provided under section 12(c) of this chapter upon the earlier of:
1274+(1) the expiration of an alumnus appointed member's term; or
1275+(2) a vacancy on the board of trustees by an alumnus
1276+appointed member.
1277+(d) Notwithstanding section 12(f) of this chapter, after the
1278+speaker of the house of representatives appoints an alumnus
1279+member under subsection (c), the president pro tempore of the
1280+senate shall appoint an alumnus member as provided under section
1281+12(b) of this chapter upon the earlier of:
1282+(1) the expiration of the remaining alumnus appointed
1283+member's term; or
1284+(2) a vacancy on the board of trustees by the remaining
1285+alumnus appointed member.
1286+(e) This section expires July 1, 2029.
1287+SECTION 16. IC 21-21-3-2, AS ADDED BY P.L.2-2007,
1288+SECTION 262, IS AMENDED TO READ AS FOLLOWS
1289+[EFFECTIVE JULY 1, 2024]: Sec. 2. The board of trustees is
1290+composed of nine (9) trustees appointed by the governor as follows:
1291+(1) Seven (7) competent individuals, one (1) of whom must be a
1292+student, appointed by the governor.
1293+(2) Two (2) competent individuals who are alumni of Indiana
1294+State University nominated by the alumni council of Indiana State
1295+University.
1296+(2) One (1) member who:
1297+(A) is appointed by the president pro tempore of the senate
1298+with advice from the minority leader of the senate;
1299+(B) is an alumnus of Indiana State University; and
1300+(C) is not a member of the general assembly.
1301+(3) One (1) member who:
1302+(A) is appointed by the speaker of the house of
1303+representatives with advice from the minority leader of the
1304+house of representatives;
1305+(B) is an alumnus of Indiana State University; and
1306+(C) is not a member of the general assembly.
1307+SECTION 17. IC 21-21-3-2.5 IS ADDED TO THE INDIANA
1308+ES 202—LS 6786/DI 110 30
1309+CODE AS A NEW SECTION TO READ AS FOLLOWS
1310+[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
1311+not consist of trustees who are all of the same sex.
1312+SECTION 18. IC 21-21-3-3, AS ADDED BY P.L.2-2007,
1313+SECTION 262, IS AMENDED TO READ AS FOLLOWS
1314+[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Subject to subsection Except
1315+as provided under subsections (b) and (c), the term of a trustee is
1316+four (4) years.
1317+(b) The term of a student trustee is two (2) years.
1318+(c) The term of a member appointed under section 2(2) or 2(3)
1319+of this chapter shall expire on June 30 of each odd-numbered year.
1320+SECTION 19. IC 21-21-3-6 IS REPEALED [EFFECTIVE JULY 1,
1321+2024]. Sec. 6. An alumni member appointed to the board of trustees
1322+must have completed a prescribed course of study by Indiana State
1323+University or one (1) of the following predecessors of Indiana State
1324+University:
1325+(1) Indiana State Normal School.
1326+(2) Indiana State Teachers College.
1327+(3) Indiana State College.
1328+SECTION 20. IC 21-21-3-8 IS REPEALED [EFFECTIVE JULY 1,
1329+2024]. Sec. 8. At least one (1) woman must be on the board of trustees.
1330+SECTION 21. IC 21-21-3-9, AS ADDED BY P.L.2-2007,
1331+SECTION 262, IS AMENDED TO READ AS FOLLOWS
1332+[EFFECTIVE JULY 1, 2024]: Sec. 9. (a) The governor appropriate
1333+appointing authority shall fill a vacancy occurring in the board of
1334+trustees from death, resignation, or removal from the state for the
1335+unexpired term of the retiring trustee.
1336+(b) The alumni council of Indiana State University shall nominate
1337+the appointee to fill a vacancy caused by the loss of an alumni member.
1338+SECTION 22. IC 21-21-3-10 IS ADDED TO THE INDIANA
1339+CODE AS A NEW SECTION TO READ AS FOLLOWS
1340+[EFFECTIVE JULY 1, 2024]: Sec. 10. (a) As used in this section
1341+"alumnus appointed member" refers to a current member of the
1342+board of trustees who was an alumnus appointment by the
1343+governor before July 1, 2024.
1344+(b) An alumnus appointed member may serve until the
1345+member's term expires.
1346+(c) Notwithstanding section 9 of this chapter, the speaker of the
1347+house of representatives shall appoint an alumnus member as
1348+provided under section 2(3) of this chapter upon the earlier of:
1349+(1) the expiration of an alumnus appointed member's term; or
1350+(2) a vacancy on the board of trustees by an alumnus
1351+ES 202—LS 6786/DI 110 31
1352+appointed member.
1353+(d) Notwithstanding section 9 of this chapter, after the speaker
1354+of the house of representatives appoints an alumnus member under
1355+subsection (c), the president pro tempore of the senate shall
1356+appoint an alumnus member as provided under section 2(2) of this
1357+chapter upon the earlier of:
1358+(1) the expiration of the remaining alumnus appointed
1359+member's term; or
1360+(2) a vacancy on the board of trustees by the remaining
1361+alumnus appointed member.
1362+(e) This section expires July 1, 2029.
1363+SECTION 23. IC 21-22-3-3.5 IS ADDED TO THE INDIANA
1364+CODE AS A NEW SECTION TO READ AS FOLLOWS
1365+[EFFECTIVE JULY 1, 2024]: Sec. 3.5. The state board of trustees
1366+may not consist of members who are all of the same sex.
1367+SECTION 24. IC 21-23-3-1, AS ADDED BY P.L.2-2007,
1368+SECTION 264, IS AMENDED TO READ AS FOLLOWS
1369+[EFFECTIVE UPON PASSAGE]: Sec. 1. The board of trustees
1370+consists of ten (10)members, to be appointed for the term of service
1371+and in the manner provided by this chapter. Except as provided under
1372+section 7(c) of this chapter, the terms of all trustees terminate on July
1373+1 of the year in which their terms of office expire.
1374+SECTION 25. IC 21-23-3-2, AS AMENDED BY P.L.213-2015,
1375+SECTION 237, IS AMENDED TO READ AS FOLLOWS
1376+[EFFECTIVE UPON PASSAGE]: Sec. 2. (a) The governor shall
1377+appoint ten (10) eight (8) trustees for Purdue University for the term
1378+beginning on July 1 in conformity with this chapter.
1379+(b) The general assembly urges the governor to appoint at least one
1380+(1) resident of Allen County to the board of trustees of Purdue
1381+University.
1382+(c) The president pro tempore of the senate with advice from the
1383+minority leader of the senate shall appoint one (1) trustee who:
1384+(1) is an alumnus of Purdue University; and
1385+(2) is not a member of the general assembly.
1386+(d) The speaker of the house of representatives with advice from
1387+the minority leader of the house of representatives shall appoint
1388+one (1) trustee who:
1389+(1) is an alumnus of Purdue University; and
1390+(2) is not a member of the general assembly.
1391+SECTION 26. IC 21-23-3-2.5 IS ADDED TO THE INDIANA
1392+CODE AS A NEW SECTION TO READ AS FOLLOWS
1393+[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
1394+ES 202—LS 6786/DI 110 32
1395+not consist of members who are all of the same sex.
1396+SECTION 27. IC 21-23-3-3, AS ADDED BY P.L.2-2007,
1397+SECTION 264, IS AMENDED TO READ AS FOLLOWS
1398+[EFFECTIVE UPON PASSAGE]: Sec. 3. (a) Three (3) members One
1399+(1) member of the board of trustees shall be selected by the members
1400+of the Purdue alumni association. One (1) of the members The
1401+member must be a graduate of the school of agriculture. All members
1402+The member of the board of trustees selected under this section must
1403+be members a member of the alumni association and graduates of
1404+Purdue University.
1405+(b) At the annual meeting of the Purdue alumni association for the
1406+year in which the term of office of any one (1) of the trustees the
1407+trustee selected under this section expires, a successor shall be
1408+selected by the members of the Purdue alumni association, in the
1409+manner that the Purdue alumni association prescribes. The president of
1410+the Purdue alumni association shall certify all selections made by the
1411+Purdue alumni association.
1412+(c) If, at any time, a vacancy occurs on the board of trustees,
1413+occasioned by the death, resignation, expiration of term, or otherwise
1414+of any of the members the member of the board of trustees selected by
1415+the members of the Purdue alumni association, the vacancy shall be
1416+filled by selection by the president of the Purdue alumni association.
1417+The member selected to fill a vacancy serves until the next annual
1418+meeting of the Purdue alumni association when a successor to fill out
1419+the unexpired term shall be selected in the manner provided in
1420+subsection (b). The member selected by the Purdue alumni association
1421+shall be appointed by the governor to fill out the unexpired term.
1422+SECTION 28. IC 21-23-3-4 IS REPEALED [EFFECTIVE UPON
1423+PASSAGE]. Sec. 4. Seven (7) of the trustees shall be appointed by the
1424+governor.
1425+SECTION 29. IC 21-23-3-7, AS ADDED BY P.L.2-2007,
1426+SECTION 264, IS AMENDED TO READ AS FOLLOWS
1427+[EFFECTIVE UPON PASSAGE]: Sec. 7. (a) Except as provided in
1428+subsections (b) and (c), all members of the board of trustees serve for
1429+three (3) years. except for
1430+(b) The student member who serves for two (2) years.
1431+(c) The term of a member appointed under section 2(c) or 2(d)
1432+of this chapter shall expire on June 30 of each odd-numbered year.
1433+SECTION 30. IC 21-23-3-8, AS ADDED BY P.L.2-2007,
1434+SECTION 264, IS AMENDED TO READ AS FOLLOWS
1435+[EFFECTIVE UPON PASSAGE]: Sec. 8. In case any vacancy occurs
1436+on the board of trustees by reason of the resignation, removal from the
1437+ES 202—LS 6786/DI 110 33
1438+state, expiration of the term of office, or otherwise of any of the trustees
1439+appointed by the governor, appropriate appointing authority, the
1440+vacancy shall be filled by the governor appropriate appointing
1441+authority from the respective classes as provided in this section to
1442+serve only for the unexpired term.
1443+SECTION 31. IC 21-23-3-9, AS ADDED BY P.L.2-2007,
1444+SECTION 264, IS AMENDED TO READ AS FOLLOWS
1445+[EFFECTIVE UPON PASSAGE]: Sec. 9. (a) The acceptance of an
1446+appointment by the governor, president pro tempore of the senate, or
1447+speaker of the house of representatives signifies that the appointee
1448+will give the appointee's best efforts to the interests of Purdue
1449+University and that the appointee will regularly attend the meetings of
1450+the board of trustees.
1451+(b) The secretary of the board of trustees shall report the attendance
1452+of each meeting of the board of trustees to the governor, president pro
1453+tempore of the senate, or speaker of the house of representatives
1454+regarding the respective members appointed by the governor,
1455+president pro tempore of the senate, or speaker of the house of
1456+representatives. If a member is absent for two (2) consecutive
1457+meetings without sufficient excuse, it shall be considered sufficient
1458+cause for the governor, president pro tempore of the senate, or
1459+speaker of the house of representatives to ask for the resignation of
1460+the member whom the governor, president pro tempore of the
1461+senate, or speaker of the house of representatives appointed.
1462+SECTION 32. IC 21-23-3-10 IS ADDED TO THE INDIANA
1463+CODE AS A NEW SECTION TO READ AS FOLLOWS
1464+[EFFECTIVE UPON PASSAGE]: Sec. 10. (a) As used in this section
1465+"alumnus appointed member" refers to a current member of the
1466+board of trustees who was an alumnus appointment by the
1467+governor before July 1, 2024.
1468+(b) An alumnus appointed member may serve until the
1469+member's term expires.
1470+(c) Notwithstanding section 8 of this chapter, the president pro
1471+tempore of the senate shall appoint an alumnus member as
1472+provided under section 2(c) of this chapter upon the earlier of:
1473+(1) the expiration of an alumnus appointed member's term; or
1474+(2) a vacancy on the board of trustees by an alumnus
1475+appointed member.
1476+(d) Notwithstanding section 8 of this chapter, after the president
1477+pro tempore of the senate appoints an alumnus member under
1478+subsection (c), the speaker of the house of representatives shall
1479+appoint an alumnus member as provided under section 2(d) of this
1480+ES 202—LS 6786/DI 110 34
1481+chapter upon the earlier of:
1482+(1) the expiration of the remaining alumnus appointed
1483+member's term; or
1484+(2) a vacancy on the board of trustees by the remaining
1485+alumnus appointed member.
1486+(e) This section expires July 1, 2029.
1487+SECTION 33. IC 21-24-3-2, AS ADDED BY P.L.2-2007,
1488+SECTION 265, IS AMENDED TO READ AS FOLLOWS
1489+[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) The board of trustees consists
1490+of nine (9) ten (10) members who shall, except as provided under
1491+subsections (b) and (c), serve terms of four (4) years. However,
1492+(b) The term of a student member of the board of trustees is two (2)
1493+years.
1494+(c) The term of a member appointed under section 5(b) or 5(c)
1495+of this chapter shall expire on June 30 of each odd-numbered year.
1496+SECTION 34. IC 21-24-3-2.5 IS ADDED TO THE INDIANA
1497+CODE AS A NEW SECTION TO READ AS FOLLOWS
1498+[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
1499+not consist of members who are all of the same sex.
1500+SECTION 35. IC 21-24-3-4, AS ADDED BY P.L.2-2007,
1501+SECTION 265, IS AMENDED TO READ AS FOLLOWS
1502+[EFFECTIVE JULY 1, 2024]: Sec. 4. The members of the board of
1503+trustees appointed by the governor must include at least the
1504+following:
1505+(1) One (1) member who is an alumnus of the University of
1506+Southern Indiana or an alumnus of the regional campus.
1507+(2) (1) One (1) member who is a full-time student in good
1508+standing enrolled in the University of Southern Indiana.
1509+(3) (2) One (1) member who is a resident of Vanderburgh County.
1510+SECTION 36. IC 21-24-3-5, AS ADDED BY P.L.2-2007,
1511+SECTION 265, IS AMENDED TO READ AS FOLLOWS
1512+[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) The governor shall appoint
1513+eight (8) of the members of the board of trustees.
1514+(b) The president pro tempore of the senate with advice from
1515+the minority leader of the senate shall appoint one (1) member to
1516+the board of trustees who:
1517+(1) is an alumnus of the University of Southern Indiana; and
1518+(2) is not a member of the general assembly.
1519+(c) The speaker of the house of representatives with advice from
1520+the minority leader of the house of representatives shall appoint
1521+one (1) member of the board of trustees who:
1522+(1) is an alumnus of the University of Southern Indiana; and
1523+ES 202—LS 6786/DI 110 35
1524+(2) is not a member of the general assembly.
1525+(b) (d) If a vacancy occurs during the term of any member, the
1526+governor appropriate appointing authority shall appoint an
1527+individual to serve the unexpired term of the vacating member.
1528+SECTION 37. IC 21-24-3-6 IS REPEALED [EFFECTIVE JULY 1,
1529+2024]. Sec. 6. (a) There is established a screening committee of the
1530+University of Southern Indiana to nominate the alumnus member of the
1531+board of trustees.
1532+(b) The screening committee consists of five (5) members appointed
1533+by the executive body of the university alumni association designated
1534+by the board of trustees.
1535+(c) Within seventy-five (75) days after the date that a vacancy
1536+occurs on the board of trustees for the alumnus member, the screening
1537+committee shall submit a list of at least three (3) names of eligible
1538+individuals to a person designated by the board of trustees.
1539+(d) When the names are received by the person designated by the
1540+board of trustees, the designated person shall submit the names to the
1541+governor.
1542+(e) The governor shall appoint the alumnus member of the board of
1543+trustees from the list of names submitted under subsection (d).
1544+However, if the governor does not receive the names of at least three
1545+(3) eligible individuals under subsection (d) within ninety (90) days
1546+after the alumnus member vacancy on the board occurs, the governor
1547+may appoint any individual who is otherwise eligible under this chapter
1548+to serve as the alumnus member of the board of trustees.
1549+SECTION 38. IC 21-24-3-8 IS ADDED TO THE INDIANA CODE
1550+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1551+1, 2024]: Sec. 8. (a) As used in this section "alumnus appointed
1552+member" refers to a current member of the board of trustees who
1553+was an alumnus appointment by the governor before July 1, 2024.
1554+(b) An alumnus appointed member may serve until the
1555+member's term expires.
1556+(c) The president pro tempore of the senate shall, not later than
1557+July 1, 2024, appoint an alumnus member under section 5(b) of this
1558+chapter.
1559+(d) Notwithstanding section 5 of this chapter, the speaker of the
1560+house of representative shall appoint an alumnus member as
1561+provided under section 5(c) of this chapter upon the earlier of:
1562+(1) the expiration of the alumnus appointed member's term;
1563+or
1564+(2) a vacancy on the board of trustees by the alumnus
1565+appointed member.
1566+ES 202—LS 6786/DI 110 36
1567+(e) This section expires July 1, 2029.
1568+SECTION 39. IC 21-25-3-1, AS ADDED BY P.L.2-2007,
1569+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1570+[EFFECTIVE JULY 1, 2024]: Sec. 1. The board of trustees consists of
1571+ten (10) eleven (11) trustees.
1572+SECTION 40. IC 21-25-3-2, AS ADDED BY P.L.2-2007,
1573+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1574+[EFFECTIVE JULY 1, 2024]: Sec. 2. (a) Nine (9) Eight (8) members
1575+of the board of trustees shall be appointed by the governor, one (1) of
1576+whom must be a resident of Knox County. and one (1) must be an
1577+alumnus of Vincennes University. In addition, the governor shall
1578+appoint one (1) trustee who is a full-time student of Vincennes
1579+University during the student's term.
1580+(b) The president pro tempore of the senate with advice from
1581+the minority leader of the senate shall appoint one (1) member to
1582+the board of trustees who:
1583+(1) is an alumnus of Vincennes University; and
1584+(2) is not a member of the general assembly.
1585+(c) The speaker of the house of representatives with advice from
1586+the minority leader of the house of representatives shall appoint
1587+one (1) member of the board of trustees who:
1588+(1) is an alumnus of Vincennes University; and
1589+(2) is not a member of the general assembly.
1590+SECTION 41. IC 21-25-3-2.5 IS ADDED TO THE INDIANA
1591+CODE AS A NEW SECTION TO READ AS FOLLOWS
1592+[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The board of trustees may
1593+not consist of members who are all of the same sex.
1594+SECTION 42. IC 21-25-3-4, AS ADDED BY P.L.2-2007,
1595+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1596+[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) Except as provided under
1597+subsections (b) and (c), the term of each appointed trustee is three (3)
1598+years. However,
1599+(b) The term of the student appointee is one (1) year.
1600+(c) The term of a member appointed under section 2(b) or 2(c)
1601+of this chapter shall expire on June 30 of each odd-numbered year.
1602+SECTION 43. IC 21-25-3-5, AS ADDED BY P.L.2-2007,
1603+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1604+[EFFECTIVE JULY 1, 2024]: Sec. 5. (a) Except as provided under
1605+subsection (b), if a vacancy occurs in the membership of the board of
1606+trustees, the vacancy shall be filled by the board of trustees for the
1607+unexpired term.
1608+(b) If a vacancy occurs among the members of the board of
1609+ES 202—LS 6786/DI 110 37
1610+trustees appointed under section 2(b) or 2(c) of this chapter, the
1611+appropriate appointing authority shall fill the vacancy on the
1612+board of trustees.
1613+SECTION 44. IC 21-25-3-6, AS ADDED BY P.L.2-2007,
1614+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1615+[EFFECTIVE JULY 1, 2024]: Sec. 6. Except for a member who is
1616+appointed under section 2(b) or 2(c) of this chapter, the appropriate
1617+number of appointive trustees shall be appointed before the first
1618+Monday of October of each year. Except for a member appointed
1619+under section 2(b) or 2(c) of this chapter, the first Monday is the first
1620+day of their terms.
1621+SECTION 45. IC 21-25-3-7, AS ADDED BY P.L.2-2007,
1622+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1623+[EFFECTIVE JULY 1, 2024]: Sec. 7. There shall be the following four
1624+(4) ex officio members of the board of trustees who are nonvoting
1625+advisory members:
1626+(1) The president of the university.
1627+(2) The superintendent of the Vincennes Community School
1628+Corporation.
1629+(3) The superintendent of the South Knox School Corporation.
1630+(4) The superintendent of the North Knox School Corporation.
1631+SECTION 46. IC 21-25-3-9 IS ADDED TO THE INDIANA CODE
1632+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1633+1, 2024]: Sec. 9. (a) As used in this section "alumnus appointed
1634+member" refers to a current member of the board of trustees who
1635+was an alumnus appointment by the governor before July 1, 2024.
1636+(b) An alumnus appointed member may serve until the
1637+member's term expires.
1638+(c) The speaker of the house of representatives shall, not later
1639+than July 1, 2024, appoint an alumnus member under section 2(c)
1640+of this chapter.
1641+(d) Notwithstanding section 5 of this chapter, the president pro
1642+tempore of the senate shall appoint an alumnus member as
1643+provided under section 2(b) of this chapter upon the earlier of:
1644+(1) the expiration of the alumnus appointed member's term;
1645+or
1646+(2) a vacancy on the board of trustees by the alumnus
1647+appointed member.
1648+(e) This section expires July 1, 2029.
1649+SECTION 47. IC 21-25-5-3, AS ADDED BY P.L.2-2007,
1650+SECTION 266, IS AMENDED TO READ AS FOLLOWS
1651+[EFFECTIVE JULY 1, 2024]: Sec. 3. Six (6) trustees appointed under
1652+ES 202—LS 6786/DI 110 38
1653+IC 21-25-3-2 constitute a quorum at any regular or special meeting of
1654+the board of trustees.".
1655+Delete pages 2 through 5.
1656+Page 6, delete lines 1 through 15.
1657+Page 19, after line 18, begin a new paragraph and insert:
1658+"SECTION 57. An emergency is declared for this act.".
1659+Renumber all SECTIONS consecutively.
1660+(Reference is to SB 202 as printed January 26, 2024.)
1661+DEERY
1662+_____
1663+SENATE MOTION
1664+Madam President: I move that Senate Bill 202 be amended to read
1665+as follows:
1666+Page 1, after line 15, begin a new paragraph and insert:
1667+"SECTION 3. IC 21-19-3-3.5 IS ADDED TO THE INDIANA
1668+CODE AS A NEW SECTION TO READ AS FOLLOWS
1669+[EFFECTIVE JULY 1, 2024]: Sec. 3.5. One (1) member appointed
1670+by the governor under section 2(1) of this chapter must be a
1671+resident of Delaware County.".
1672+Page 2, between lines 31 and 32, begin a new paragraph and insert:
1673+"SECTION 8. IC 21-20-3-12.7 IS ADDED TO THE INDIANA
1674+CODE AS A NEW SECTION TO READ AS FOLLOWS
1675+[EFFECTIVE JULY 1, 2024]: Sec. 12.7. One (1) member appointed
1676+by the governor under section 12(a) of this chapter must be a
1677+resident of Monroe County.".
1678+Page 3, between lines 1 and 2, begin a new paragraph and insert:
1679+"SECTION 10. IC 21-21-3-2.7 IS ADDED TO THE INDIANA
1680+CODE AS A NEW SECTION TO READ AS FOLLOWS
1681+[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
1682+by the governor under section 2(1) of this chapter must be a
1683+resident of Vigo County.".
1684+Page 4, between lines 31 and 32, begin a new paragraph and insert:
1685+"SECTION 15. IC 21-23-3-2.7 IS ADDED TO THE INDIANA
1686+CODE AS A NEW SECTION TO READ AS FOLLOWS
1687+[EFFECTIVE JULY 1, 2024]: Sec. 2.7. One (1) member appointed
1688+by the governor under section 2(a) of this chapter must be a
1689+resident of Tippecanoe County.".
1690+ Page 5, reset in roman line 32.
1691+ES 202—LS 6786/DI 110 39
1692+Page 6, line 8, reset in roman "one (1) of whom".
1693+Page 6, line 9, reset in roman "must be a resident of Knox County
1694+and".
1695+(Reference is to SB 202 as printed January 26, 2024.)
1696+GOODE
1697+_____
1698+COMMITTEE REPORT
1699+Mr. Speaker: Your Committee on Education, to which was referred
1700+Senate Bill 202, has had the same under consideration and begs leave
1701+to report the same back to the House with the recommendation that said
1702+bill be amended as follows:
1703+Page 1, delete lines 1 through 15.
1704+Delete pages 2 through 14.
1705+Page 15, delete lines 1 through 8.
1706+Page 15, line 20, reset in roman "minority".
1707+Page 15, line 20, after "minority" insert "and".
1708+Page 15, line 36, reset in roman "minority".
1709+Page 15, line 36, after "minority" insert "and".
1710+Page 16, line 9, reset in roman "minority".
1711+Page 16, line 9, after "minority" insert "and".
1712+Page 16, line 24, reset in roman "minority".
1713+Page 16, line 24, after "minority" insert "and".
1714+Page 16, line 40, reset in roman "minority".
1715+Page 16, line 40, after "minority" insert "and".
1716+Page 17, line 13, reset in roman "minority".
1717+Page 17, line 13, after "minority" insert "and".
1718+Page 17, line 29, reset in roman "minority".
1719+Page 17, line 29, after "minority" insert "and".
1720+Page 17, delete lines 33 through 42.
1721+Delete page 18.
1722+Page 19, delete lines 1 through 9.
1723+Page 20, line 20, delete "or mentoring".
1724+Page 20, line 40, delete "Each" and insert "Subject to subsection
1725+(c), each".
1726+Page 21, line 9, delete "mentoring".
1727+Page 21, between lines 13 and 14, begin a new paragraph and insert:
1728+"(c) A policy established under subsection (b) must provide that
1729+the board of trustees of an institution may not consider the
1730+ES 202—LS 6786/DI 110 40
1731+following actions by a faculty member when determining whether
1732+a faculty member may not be granted tenure or a promotion by the
1733+institution:
1734+(1) Expressing dissent or engaging in research or public
1735+commentary on subjects.
1736+(2) Criticizing the institution's leadership.
1737+(3) Engaging in any political activity conducted outside the
1738+faculty member's teaching or mentoring duties at the
1739+institution.".
1740+Page 21, line 25, delete "mentoring".
1741+Page 21, delete line 39 and insert "met the criteria under
1742+subsection (a),".
1743+Page 22, line 4, delete "mentoring".
1744+Page 22, line 25, delete "or".
1745+Page 22, line 26, delete "mentor".
1746+Page 23, delete lines 31 through 36, begin a new line block indented
1747+and insert:
1748+"(2) Not later than July 1, 2025, and not later than July 1 of
1749+each odd-numbered year thereafter, submit the report
1750+described in subdivision (1) to the legislative council in an
1751+electronic format under IC 5-14-6.".
1752+Page 24, line 17, delete "or".
1753+Page 24, line 18, delete "mentor".
1754+Page 26, line 1, after "education" insert ":".
1755+Page 26, line 1, delete "and".
1756+Page 26, delete line 2.
1757+Page 26, line 14, delete "Recommend" and insert "Submit a
1758+report".
1759+Page 26, line 14, after "committee" insert "regarding".
1760+Page 26, delete lines 19 through 23.
1761+Page 27, delete lines 11 through 13.
1762+Page 27, delete lines 16 through 21 and insert "a petitioner may
1763+request that the commission for higher education review the
1764+institution's final decision under the following circumstances:
1765+(1) A procedural defect materially affected the institution's
1766+final decision.
1767+(2) New evidence that materially affects the institution's final
1768+decision and was not reasonably available at the time the final
1769+decision was rendered becomes available.
1770+(3) The institution's investigator had a conflict of interest or
1771+bias concerning the petitioner that materially affected the
1772+institution's final decision.
1773+ES 202—LS 6786/DI 110 41
1774+(4) The petitioner believes the institution disregarded law in
1775+rendering a final decision.".
1776+Page 27, line 23, delete "order" and insert "opinion".
1777+Page 27, line 31, delete "and".
1778+Page 27, line 32, delete "the state budget committee".
1779+Page 28, line 21, delete "Recommend" and insert "Submit a
1780+report".
1781+Page 28, line 21, after "committee" insert "regarding".
1782+Page 28, delete lines 27 through 30, begin a new paragraph and
1783+insert:
1784+"Sec. 3. Not later than September 1, 2024, and September 1 of
1785+each year thereafter, a state educational institution shall submit to
1786+the state budget committee a report with the following information
1787+for the preceding state fiscal year:".
1788+Page 28, line 31, delete "For each academic year, the" and insert
1789+"The".
1790+Page 28, line 37, delete "For each academic year, the" and insert
1791+"The".
1792+Page 28, line 40, delete "For each academic year, the" and insert
1793+"The".
1794+Page 29, line 3, delete "does" and insert "did".
1795+Page 29, line 5, delete "does" and insert "did".
1796+Page 29, line 7, delete "does" and insert "did".
1797+Page 29, between lines 8 and 9, begin a new line block indented and
1798+insert:
1799+"(7) The institution's budget allocations for diversity, equity,
1800+and inclusion initiatives.".
1801+Page 29, delete line 9.
1802+Renumber all SECTIONS consecutively.
1803+and when so amended that said bill do pass.
1804+(Reference is to SB 202 as reprinted February 6, 2024.)
1805+BEHNING
1806+Committee Vote: yeas 8, nays 4.
1807+ES 202—LS 6786/DI 110 42
1808+HOUSE MOTION
1809+Mr. Speaker: I move that Engrossed Senate Bill 202 be amended to
1810+read as follows:
1811+Page 1, between the enacting clause and line 1, begin a new
1812+paragraph and insert:
1813+"SECTION 1. IC 4-15-10.5-4, AS ADDED BY P.L.205-2019,
1814+SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1815+JULY 1, 2024]: Sec. 4. (a) Except as provided in subsection (b), as
1816+used in this chapter, "agency" means an authority, board, branch,
1817+bureau, commission, committee, council, department, division, office,
1818+service, or other instrumentality of the executive, including the
1819+administrative, department of state government. The term does not
1820+include any of the following:
1821+(1) Any body corporate and politic set up as an instrumentality of
1822+the state.
1823+(2) Any private, nonprofit, government related corporation.
1824+(3) The judicial department of state government.
1825+(4) The legislative department of state government.
1826+(5) A state educational institution.
1827+(6) A political subdivision.
1828+(b) The term includes a state educational institution if the office,
1829+pursuant to IC 21-39.5-6-2(d), reviews a state educational
1830+institution's final decision regarding a violation of IC 21-39.5 and
1831+issues an opinion on behalf of the commission for higher
1832+education.".
1833+Page 6, line 9, delete "or".
1834+Page 6, line 29, delete "has:" and insert "has met the following
1835+criteria:".
1836+Page 6, line 30, delete "helped" and insert "Helped".
1837+Page 6, line 31, delete "institution;" and insert "institution.".
1838+Page 6, line 32, delete "introduced" and insert "Introduced".
1839+Page 6, line 33, after "the" insert "curricula established by the:
1840+(A) board of trustees of the institution under
1841+IC 21-41-2-1(b); or
1842+(B) faculty of the institution acting under authority
1843+delegated by the board of trustees of the institution.".
1844+Page 6, delete lines 34 and 35.
1845+Page 6, line 36, delete "while" and insert "While".
1846+Page 6, line 36, delete "or".
1847+Page 6, line 40, delete "instruction;" and insert "instruction.".
1848+Page 6, line 41, delete "adequately" and insert "Adequately".
1849+ES 202—LS 6786/DI 110 43
1850+Page 6, line 41, delete "obligations;" and insert "obligations.".
1851+Page 6, delete line 42.
1852+Page 7, line 1, delete "met" and insert "Met".
1853+Page 7, line 15, delete "or".
1854+Page 9, line 17, delete "from establishing additional policies or" and
1855+insert "from:
1856+(1) delegating responsibility under policies approved by the
1857+board of trustees to conduct the faculty reviews and make the
1858+determinations described in this chapter; or
1859+(2) establishing additional policies or criteria.".
1860+Page 9, delete line 18.
1861+Page 12, between lines 32 and 33, begin a new paragraph and insert:
1862+"(d) The commission for higher education may enter into an
1863+agreement with the office of administrative law proceedings
1864+established by IC 4-15-10.5 to carry out this section.".
1865+Renumber all SECTIONS consecutively.
1866+(Reference is to ESB 202 as printed February 22, 2024.)
1867+BEHNING
1868+ES 202—LS 6786/DI 110