Indiana 2025 2025 Regular Session

Indiana House Bill HB1496 Introduced / Bill

Filed 01/14/2025

                     
Introduced Version
HOUSE BILL No. 1496
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 21-7-13; IC 21-39.5-6-1.5; IC 21-41-16.
Synopsis:  State educational institution administration. Prohibits use
of public funds by a state educational institution for policies or
programs and campus activities outside the classroom that: (1)
advocate for campus diversity, equity, and inclusion; or (2) promote or
engage in political or social activism. Makes related changes. 
Effective:  July 1, 2025.
Bascom, Teshka, Zimmerman,
Davis
January 21, 2025, read first time and referred to Committee on Education.
2025	IN 1496—LS 7684/DI 51 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
  Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in  this  style  type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
  Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1496
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 21-7-13-9.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 9.5. For purposes of IC 21-41-16, "campus diversity,
4 equity, and inclusion" has the meaning set forth in IC 21-41-16-1.
5 SECTION 2. IC 21-7-13-18.4 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 18.4. For purposes of
8 IC 21-41-16, "federal funds" has the meaning set forth in
9 IC 21-41-16-2.
10 SECTION 3. IC 21-7-13-25.5 IS ADDED TO THE INDIANA
11 CODE AS A NEW SECTION TO READ AS FOLLOWS
12 [EFFECTIVE JULY 1, 2025]: Sec. 25.5. For purposes of
13 IC 21-41-16, "political or social activism" has the meaning set
14 forth in IC 21-41-16-3.
15 SECTION 4. IC 21-7-13-27.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 27.5. For purposes of
2025	IN 1496—LS 7684/DI 51 2
1 IC 21-14-16, "programs or campus activities" has the meaning set
2 forth in IC 21-41-16-4.
3 SECTION 5. IC 21-7-13-31.4 IS ADDED TO THE INDIANA
4 CODE AS A NEW SECTION TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 31.4. For purposes of
6 IC 21-41-16, "social issues" has the meaning set forth in
7 IC 21-41-16-5.
8 SECTION 6. IC 21-7-13-32.5 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. For purposes of
11 IC 21-41-16, "state funds" has the meaning set forth in
12 IC 21-41-16-6.
13 SECTION 7. IC 21-7-13-34.5 IS ADDED TO THE INDIANA
14 CODE AS A NEW SECTION TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 34.5. For purposes of
16 IC 21-41-16, "student-led organization" has the meaning set forth
17 in IC 21-41-16-7.
18 SECTION 8. IC 21-39.5-6-1.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. This article is subject to
21 IC 21-41-16.
22 SECTION 9. IC 21-41-16 IS ADDED TO THE INDIANA CODE
23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]:
25 Chapter 16. Prohibition on Funding
26 Sec. 1. As used in this chapter, "campus diversity, equity, and
27 inclusion" means any:
28 (1) policy; or
29 (2) program or campus activity;
30 that classifies individuals on the basis of race, color, sex, national
31 origin, gender identity, or sexual orientation and promotes
32 differential or preferential treatment of individuals on the basis of
33 the classification.
34 Sec. 2. (a) As used in this chapter, "federal funds" means those
35 funds provided to the state educational institution directly or
36 indirectly by an appropriation by the Congress of the United
37 States. The term includes financial aid provided to the state
38 educational institution by or on behalf of a student attending the
39 state educational institution if the financial aid is provided to the
40 student via a governmental aid or grant program.
41 (b) The term does not include student fees to support student-led
42 organizations notwithstanding any speech or expressive activity by
2025	IN 1496—LS 7684/DI 51 3
1 such organizations that would otherwise violate this chapter if the
2 student fees must be allocated to student-led organizations
3 pursuant to written policies adopted by the board of trustees of the
4 state educational institution.
5 Sec. 3. (a) As used in this chapter, "political or social activism"
6 means any activity:
7 (1) organized with a purpose of effecting or preventing change
8 to a government policy, action, or function, or any activity
9 intended to achieve a desired result related to social issues;
10 and
11 (2) with which the state educational institution endorses or
12 promotes a position in communications, advertisements,
13 programs, or campus activities.
14 (b) The term does not include:
15 (1) authorized government relations and lobbying activities of
16 the state educational institution concerning matters that
17 directly affect the operations of the state educational
18 institution or direct-support organizations of the state
19 educational institution; or
20 (2) endorsement or promotion of a position that encourages
21 compliance with state or federal law or a rule of the
22 commission for higher education.
23 Sec. 4. As used in this chapter, "programs or campus activities"
24 means any activities authorized or administered by a state
25 educational institution that involve:
26 (1) student participation, other than classroom instruction; or
27 (2) hiring, recruiting, training, evaluating, promoting,
28 disciplining, or terminating institution employees or
29 contractors.
30 Sec. 5. As used in this chapter, "social issues" refers to topics
31 that polarize or divide society among political, ideological, moral,
32 or religious beliefs.
33 Sec. 6. (a) As used in this chapter, "state funds" are those funds
34 provided to a state educational institution by an appropriation
35 enacted by the general assembly. The term includes financial aid
36 provided to the state educational institution by or on behalf of a
37 student attending the state educational institution if the financial
38 aid is provided to the student via a state government aid or grant
39 program.
40 (b) The term does not include student fees to support student-led
41 organizations notwithstanding any speech or expressive activity by
42 the organizations that would otherwise violate this chapter if the
2025	IN 1496—LS 7684/DI 51 4
1 student fees must be allocated to student-led organizations
2 pursuant to written policies adopted by the board of trustees of the
3 state educational institution.
4 Sec. 7. As used in this chapter, "student-led organization"
5 means an organization recognized by the state educational
6 institution as an active and registered student organization that is
7 comprised of student members with a faculty or staff advisor,
8 including an organization that receives activity and service fees
9 authorized by the board of trustees of the state educational
10 institution.
11 Sec. 8. A state educational institution may not expend state
12 funds or federal funds to promote, support, or maintain programs
13 or campus activities that:
14 (1) advocate for campus diversity, equity, and inclusion; or
15 (2) promote or engage in political or social activism.
16 Sec. 9. A state educational institution advocates for campus
17 diversity, equity, and inclusion when it implements a policy or
18 engages in a program or campus activity that:
19 (1) advantages or disadvantages, or attempts to advantage or
20 disadvantage, an individual or group on the basis of race,
21 color, sex, national origin, gender identity, or sexual
22 orientation, to equalize or increase outcomes, participation, or
23 representation as compared to other individuals or groups; or
24 (2) promotes the position that a group's or an individual's
25 action is inherently, unconsciously, or implicitly biased on the
26 basis of race, color, sex, national origin, gender identity, or
27 sexual orientation.
28 Sec. 10. Student-led organizations may use state educational
29 institution facilities, notwithstanding any speech or expressive
30 activity by the organizations that would otherwise violate section
31 8 of this chapter, if the use must be granted to student-led
32 organizations pursuant to written policies of the state educational
33 institution adopted by the board of trustees.
34 Sec. 11. Section 8 of this chapter does not prohibit programs or
35 campus activities or functions required for:
36 (1) compliance with general or federal laws or regulations;
37 (2) obtaining or retaining institutional or discipline specific
38 accreditation with the approval of the commission for higher
39 education; or
40 (3) access to programs for military veterans, Pell Grant
41 recipients, or other scholarships provided by the federal or
42 state government.
2025	IN 1496—LS 7684/DI 51 5
1 Sec. 12. Section 8 of this chapter does not prohibit expenditure
2 of state funds or federal funds if:
3 (1) except as prohibited under IC 21-16-2-4(4), IC 21-20-6,
4 and IC 21-41-4-5, the expenditure is for ministerial or
5 administrative activities of a program or campus activity that
6 is not unique to that program or campus activity; and
7 (2) the specific program or campus activity is otherwise
8 supported by private funds.
9 Sec. 13. A state educational institution must designate a state
10 educational institution official or officials who are responsible for
11 compliance, oversight, and adherence to the prohibited
12 expenditure provisions of this chapter.
2025	IN 1496—LS 7684/DI 51