*SB0235.1*
January 24, 2025
SENATE BILL No. 235
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DIGEST OF SB 235 (Updated January 22, 2025 6:55 pm - DI 149)
Citations Affected: IC 4-10; IC 21-38; IC 21-44; IC 21-49; IC 25-1.
Synopsis: Limitations on diversity, equity, and inclusion. Establishes
prohibitions and requirements on state agencies, recipients of state
contracts or grants, state educational institutions, and health profession
licensing boards regarding diversity, equity, and inclusion. Allows the
attorney general to bring an action concerning noncompliance against
a state educational institution. Establishes: (1) requirements regarding
a standardized admissions test; and (2) requirements regarding altering
academic standards; for postsecondary educational institutions that
offer certain health education programs.
Effective: July 1, 2025.
Johnson T, Byrne, Tomes
January 8, 2025, read first time and referred to Committee on Education and Career
Development.
January 13, 2025, reassigned to Committee on Judiciary pursuant to Rule 68(b).
January 23, 2025, amended, reported favorably — Do Pass.
SB 235—LS 6753/DI 110 January 24, 2025
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.
SENATE BILL No. 235
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-10-24 IS ADDED TO THE INDIANA CODE AS
2 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]:
4 Chapter 24. Prohibition of Diversity, Equity, and Inclusion
5 Expenditures
6 Sec. 1. As used in this chapter, "agency" has the meaning set
7 forth in IC 4-15-10.5-4.
8 Sec. 2. (a) As used in this chapter, "diversity, equity, and
9 inclusion" or "DEI" means any effort to do any of the following:
10 (1) Manipulate or otherwise influence the composition of
11 employees with reference to race, sex, color, or ethnicity,
12 which does not include ensuring color blind and race neutral
13 hiring in accordance with state and federal antidiscrimination
14 laws.
15 (2) Promote differential treatment of or provide special
16 benefits to individuals on the basis of race, sex, color, or
17 ethnicity.
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1 (3) Promote or promulgate policies or procedures designed or
2 implemented with reference to race, sex, color, or ethnicity
3 that are not policies or procedures approved in writing by the
4 attorney general for the sole purpose of ensuring compliance
5 with any applicable court order or state or federal law.
6 (4) Promote or promulgate training, programming, or
7 activities designed or implemented with reference to race, sex,
8 color, ethnicity, gender identity, or sexual orientation that are
9 not training, programming, or activities developed by an
10 attorney and approved in writing by the attorney general for
11 the sole purpose of ensuring compliance with any applicable
12 court order or state or federal law.
13 (5) Promote as the official position of an agency a particular
14 opinion referencing:
15 (A) unconscious or implicit bias;
16 (B) cultural appropriation;
17 (C) allyship;
18 (D) transgender ideology;
19 (E) microaggressions;
20 (F) group marginalization;
21 (G) antiracism;
22 (H) systemic oppression;
23 (I) social justice;
24 (J) intersectionality;
25 (K) neopronouns;
26 (L) heteronormativity;
27 (M) disparate impact;
28 (N) gender theory;
29 (O) racial or sexual privilege; or
30 (P) any related formulation of the concepts under clauses
31 (A) through (O).
32 (b) The term does not include equal opportunity or equal
33 employment opportunity materials designed to inform individuals
34 about the prohibition of discrimination based on protected status
35 under state or federal law.
36 Sec. 3. As used in this chapter, "DEI office" means any division,
37 office, center, or other unit of an agency with duties that include
38 coordinating, creating, developing, designing, implementing,
39 organizing, planning, or promoting policies, programming,
40 training, practices, activities, or procedures relating to DEI.
41 Sec. 4. As used in this chapter, "DEI officer" means an
42 individual:
SB 235—LS 6753/DI 110 3
1 (1) who is:
2 (A) a full-time or part-time employee of an agency; or
3 (B) an independent contractor of an agency; and
4 (2) whose duties for the agency include coordinating, creating,
5 developing, designing, implementing, organizing, planning, or
6 promoting policies, programming, training, practices,
7 activities, or procedures relating to DEI.
8 Sec. 5. (a) An agency may not expend appropriated funds or
9 otherwise expend any funds derived from bequests, charges,
10 deposits, donations, grants, gifts, income, receipts, or any other
11 source, to:
12 (1) establish, sustain, support, or staff a DEI office; or
13 (2) contract, employ, engage, or hire an individual to serve as
14 a DEI officer.
15 (b) Nothing in this section prohibits consideration of bona fide
16 qualifications based on sex that are reasonably necessary to the
17 normal operation of government functions.
18 Sec. 6. All recipients of state contracts or grants must certify to
19 the state comptroller, prior to being awarded a contract or grant,
20 that the recipient does not and will not require its employees,
21 contractors, volunteers, vendors, or agents to ascribe to, study, or
22 be instructed with DEI material with respect to state funds.
23 Sec. 7. (a) Any person may notify the attorney general of a
24 violation or alleged violation of this chapter.
25 (b) The attorney general may file an action for mandate to
26 compel an agency to comply with this chapter.
27 SECTION 2. IC 21-38-10-0.5 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. As used in this chapter,
30 "diversity, equity, and inclusion" or "DEI" has the meaning set
31 forth in IC 4-10-24-2.
32 SECTION 3. IC 21-38-10-1, AS ADDED BY P.L.113-2024,
33 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 1. A state educational institution that establishes,
35 supports, sustains, or employs may establish, support, sustain, or
36 employ an office or individual whose primary duties include
37 coordinating, creating, developing, designing, implementing,
38 organizing, planning, or promoting noncredit earning diversity
39 programming shall include within the mission of the office or position
40 programming that substantially promotes both cultural and intellectual
41 diversity.
42 SECTION 4. IC 21-38-10-2 IS ADDED TO THE INDIANA CODE
SB 235—LS 6753/DI 110 4
1 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
2 1, 2025]: Sec. 2. A state educational institution may not establish,
3 support, sustain, or employ an office or individual whose primary
4 duties include coordinating, creating, developing, designing,
5 implementing, organizing, planning, or promoting noncredit
6 earning diversity programming that includes DEI.
7 SECTION 5. IC 21-38-10-3 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2025]: Sec. 3. A state educational institution may not conduct
10 internal DEI audits or engage DEI consultants.
11 SECTION 6. IC 21-38-10-4 IS ADDED TO THE INDIANA CODE
12 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
13 1, 2025]: Sec. 4. (a) The attorney general may investigate
14 allegations of violations of section 2 or 3 of this chapter, and,
15 subject to subsection (b), the attorney general may bring a civil
16 action concerning each violation.
17 (b) Before the attorney general brings an action against a state
18 educational institution under subsection (c), the attorney general
19 shall send the state educational institution a notice of violation. The
20 notice sent under this subsection must describe the violation of
21 section 2 or 3 of this chapter. The state educational institution has
22 thirty (30) days from the date on the notice to cure the violation
23 and provide documentation to prove that the violation has been
24 remedied.
25 (c) The attorney general may petition a court with jurisdiction
26 to impose a civil penalty of not more than two hundred fifty
27 thousand dollars ($250,000) for each violation of section 2 or 3 of
28 this chapter committed by a state educational institution. The
29 attorney general shall transfer all civil penalties collected under
30 this chapter to the treasurer of state for deposit in the state general
31 fund.
32 (d) The attorney general may file an action for mandate to
33 compel a state educational institution to comply with this chapter.
34 (e) The attorney general may adopt rules under IC 4-22-2 to
35 establish procedures for investigating violations of this chapter.
36 SECTION 7. IC 21-44-1-10, AS AMENDED BY P.L.126-2009,
37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 10. "Eligible institution", for purposes of:
39 (1) sections 2 and 11 of this chapter, and IC 21-44-2, and
40 IC 21-44-3.5, means a university, college, or other educational
41 institution that:
42 (A) operates in the United States; and
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1 (B) offers a health education program leading to a
2 baccalaureate, graduate, or postgraduate degree in a health
3 related field including:
4 (i) medicine;
5 (ii) dentistry;
6 (iii) optometry;
7 (iv) nursing;
8 (v) physical therapy;
9 (vi) occupational therapy; or
10 (vii) other allied health fields; and
11 (2) IC 21-44-3, refers to a postsecondary educational institution
12 that qualifies as an eligible institution under IC 21-44-3-1(4).
13 SECTION 8. IC 21-44-3.5 IS ADDED TO THE INDIANA CODE
14 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]:
16 Chapter 3.5. Eligible Institution Requirements
17 Sec. 1. Each eligible institution shall require for admission to the
18 eligible institution a standardized admissions test focused on
19 knowledge and critical thinking around science and medical
20 training.
21 Sec. 2. (a) Before an eligible institution may alter the academic
22 standards for the:
23 (1) admission of new students to a health education program
24 described in IC 21-44-1-10(1)(B); or
25 (2) conferral of a baccalaureate, graduate, or postgraduate
26 degree or other certificate for a health education program
27 described in subdivision (1);
28 the eligible institution shall submit the information described in
29 subsection (b) to the legislative council in an electronic format
30 under IC-5-14-6 and the commission for higher education.
31 (b) An eligible institution shall submit the following to the
32 legislative council and commission for higher education as required
33 under subsection (a):
34 (1) A copy of the proposed academic standards.
35 (2) A concise general statement explaining the proposed
36 academic standards.
37 (3) The proposed effective date of the proposed academic
38 standards.
39 (c) The proposed academic standards described in subsection
40 (b)(1) may not become effective earlier than sixty (60) days after
41 the date that the eligible institution complies with subsections (a)
42 and (b).
SB 235—LS 6753/DI 110 6
1 Sec. 3. All eligible institutions that are not open enrollment
2 eligible institutions:
3 (1) shall require "A" through "F" grade based assessments
4 for each course required to graduate; and
5 (2) may not use pass/fail assessments for any course required
6 to graduate.
7 SECTION 9. IC 21-49-4-3, AS ADDED BY P.L.113-2024,
8 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 3. Not later than September 1, 2024, and
10 September 1 of each year, thereafter, a state educational institution
11 shall submit to the state budget committee a report with the following
12 information for the preceding state fiscal year:
13 (1) The total number of state educational institution:
14 (A) full-time and tenured professors;
15 (B) adjunct instructors;
16 (C) other contingent faculty; and
17 (D) nonacademic support or administrative employees.
18 (2) The total number of employees at the state educational
19 institution whose primary or secondary job duties or job titles
20 include diversity, equity, and inclusion.
21 (3) (2) The total number of state educational institution
22 adjudications or proceedings regarding violations of policies
23 regarding diversity, equity, and inclusion or harassment.
24 (4) (3) A list and description of what the state educational
25 institution did to ensure free speech rights of students.
26 (5) (4) A list and description of what the state educational
27 institution did to ensure intellectual freedom for professors.
28 (6) (5) A list and description of what the state educational
29 institution did to ensure intellectual and ideological diversity of
30 professors.
31 (7) (6) The institution's budget allocations for diversity, equity,
32 and inclusion initiatives.
33 SECTION 10. IC 25-1-23 IS ADDED TO THE INDIANA CODE
34 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]:
36 Chapter 23. Diversity, Equity, and Inclusion in Health
37 Profession Licensing
38 Sec. 1. As used in this chapter, "board" means any of the boards
39 listed in IC 25-0.5-11, except for the Indiana board of veterinary
40 medicine.
41 Sec. 2. As used in this chapter, "diversity, equity, and inclusion"
42 or "DEI" has the meaning set forth in IC 4-10-24-2.
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1 Sec. 3. A board may not adopt or impose, as a condition of
2 obtaining or renewing a license, certification, registration, or
3 permit any incentives or requirements that applicants for a license,
4 certification, registration, or permit undergo, demonstrate
5 familiarity with, or support any DEI training, education, material,
6 or program.
7 Sec. 4. Any board that issues a state required health related
8 professional license, certification, registration, or permit may not
9 use DEI material or require DEI training as part of the license or
10 certification process.
11 Sec. 5. A board may not conduct internal DEI audits or engage
12 DEI consultants.
SB 235—LS 6753/DI 110 8
REPORT OF THE PRESIDENT
PRO TEMPORE
Mr. President: Pursuant to Senate Rule 68(b), I hereby report that
Senate Bill 235, currently assigned to the Committee on Education and
Career Development, be reassigned to the Committee on Judiciary.
BRAY
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COMMITTEE REPORT
Mr. President: The Senate Committee on Judiciary, to which was
referred Senate Bill No. 235, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 2, line 14, delete "referencing unconscious or implicit:" and
insert "referencing:".
Page 2, line 15, after "(A)" insert "unconscious or implicit".
Page 4, delete lines 11 through 27.
Page 4, line 28, delete "IC 21-38-10-5" and insert "IC 21-38-10-4".
Page 4, line 30, delete "5." and insert "4.".
Page 4, line 31, delete "chapter." and insert "chapter, and, subject
to subsection (b), the attorney general may bring a civil action
concerning each violation.".
Page 4, between lines 31 and 32, begin a new paragraph and insert:
"(b) Before the attorney general brings an action against a state
educational institution under subsection (c), the attorney general
shall send the state educational institution a notice of violation. The
notice sent under this subsection must describe the violation of
section 2 or 3 of this chapter. The state educational institution has
thirty (30) days from the date on the notice to cure the violation
and provide documentation to prove that the violation has been
remedied.".
Page 4, delete line 32.
Page 4, line 33, delete "under section 4 of this chapter, the", begin
a new paragraph and insert:
"(c) The".
Page 4, line 35, delete "one million dollars ($1,000,000)" and insert
"two hundred fifty thousand dollars ($250,000)".
Page 4, line 40, delete "(c)" and insert "(d)".
Page 4, line 42, delete "(d)" and insert "(e)".
SB 235—LS 6753/DI 110 9
Page 7, delete lines 21 through 26.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 235 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 8, Nays 2.
SB 235—LS 6753/DI 110