Introduced Version
SENATE BILL No. 343
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 4-15-10.5-4; IC 21-39-8-12; IC 21-39.5;
IC 21-49-4-3.
Synopsis: State educational institutions. Makes certain changes to
state educational institution (institution) policies that involve: (1)
disciplinary actions; (2) tenure review or promotion; and (3) student
reports. Removes a prohibition on the award of admission, enrollment,
employment, benefits, hiring, reappointment, promotion, or tenure on
the basis of a viewpoint expressed in a pledge or statement. Repeals the
following: (1) A provision concerning an employee or group of
employees establishing an official institution, school, college, or
department position on certain issues. (2) A provision concerning an
institution's duty to report certain information to the commission for
higher education (commission). (3) A provision concerning the
commission's duty to report certain information to the budget
committee (committee). Changes certain procedures regarding the
appeal of a student report. Removes a requirement that an institution
submit certain data concerning diversity, equity, and inclusion to the
committee.
Effective: July 1, 2025.
Qaddoura
January 13, 2025, read first time and referred to Committee on Education and Career
Development.
2025 IN 343—LS 6860/DI 143 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.
SENATE BILL No. 343
A BILL FOR AN ACT to amend the Indiana Code concerning
higher education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 4-15-10.5-4, AS AMENDED BY P.L.113-2024,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), As
4 used in this chapter, "agency" means an authority, board, branch,
5 bureau, commission, committee, council, department, division, office,
6 service, or other instrumentality of the executive, including the
7 administrative, department of state government. The term does not
8 include any of the following:
9 (1) Any body corporate and politic set up as an instrumentality of
10 the state.
11 (2) Any private, nonprofit, government related corporation.
12 (3) The judicial department of state government.
13 (4) The legislative department of state government.
14 (5) A state educational institution.
15 (6) A political subdivision.
16 (b) The term includes a state educational institution if the office,
17 pursuant to IC 21-39.5-6-2(d), reviews a state educational institution's
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1 final decision regarding a violation of IC 21-39.5 and issues an opinion
2 on behalf of the commission for higher education.
3 SECTION 2. IC 21-39-8-12, AS AMENDED BY P.L.113-2024,
4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 12. A state educational institution shall:
6 (1) create student protected expressive activity policies that are
7 consistent with this chapter;
8 (2) create a policy that includes a range of disciplinary actions
9 with regard to an employee, student, student organization, or
10 contractor of the state educational institution that materially and
11 substantially disrupts the protected expressive activity of another
12 employee, student, student organization, or contractor of the state
13 educational institution;
14 (3) make policies created under subdivisions (1) and (2) public in
15 the state educational institution's handbooks, on the state
16 educational institution's website, and at the state educational
17 institution's student orientation programs; and
18 (4) develop materials, programs, and procedures to ensure that
19 individuals who are responsible for disciplining and educating
20 students, including administrators, campus police officers,
21 residence life officials, and professors, understand the policies,
22 regulations, and duties of the state educational institution
23 regarding protected expressive activity on campus.
24 SECTION 3. IC 21-39.5-2-1, AS ADDED BY P.L.113-2024,
25 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 1. (a) This section applies to an institution that
27 grants tenure or promotions to faculty members.
28 (b) Subject to subsection (c), each board of trustees of an institution
29 shall establish a policy that provides that a faculty member may not be
30 granted tenure or a promotion by the institution if, based on past
31 performance or other determination by the board of trustees, the faculty
32 member is: ensure that all existing tenure and promotion policies
33 consider whether a faculty member:
34 (1) unlikely to foster fosters a culture of free inquiry, free
35 expression, and cultural and intellectual diversity within the
36 institution;
37 (2) unlikely to expose exposes students to scholarly works from
38 a variety of political or ideological frameworks that may exist
39 within and are applicable to the faculty member's academic
40 discipline as defined within that faculty member's discipline;
41 or
42 (3) likely, while performing teaching duties within the scope of
2025 IN 343—LS 6860/DI 143 3
1 the faculty member's employment, to subject refrains from
2 subjecting students to political or ideological views and opinions
3 from anywhere on the political spectrum that are unrelated to
4 the faculty member's academic discipline or assigned course of
5 instruction as determined by that faculty member and that
6 faculty member's discipline.
7 (c) A policy established under subsection (b) must provide that the
8 board of trustees of an institution may not consider the following
9 actions by a faculty member when determining whether a faculty
10 member may not be granted tenure or a promotion by the institution:
11 (1) Expressing dissent or engaging in research or public
12 commentary on subjects.
13 (2) Criticizing the institution's leadership.
14 (3) Engaging in any political activity conducted outside the
15 faculty member's teaching or mentoring duties at the institution.
16 SECTION 4. IC 21-39.5-2-2, AS ADDED BY P.L.113-2024,
17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 2. (a) Not later than five (5) years after the date
19 that a faculty member is granted tenure by an institution and not later
20 than every five (5) years thereafter, the board of trustees of an
21 institution shall review and determine whether the faculty member has
22 met the following criteria:
23 (1) Helped the institution foster a culture of free inquiry, free
24 expression, and intellectual diversity within the institution.
25 (2) Introduced students to scholarly works from a variety of
26 political or ideological frameworks that may exist within the
27 curricula established as determined by the
28 (A) board of trustees of the institution under IC 21-41-2-1(b);
29 or
30 (B) faculty of the institution, based on the faculty member's
31 understanding of the faculty member's discipline, acting
32 under authority delegated by the board of trustees of the
33 institution.
34 (3) While performing teaching duties within the scope of the
35 faculty member's employment, refrained from subjecting students
36 to views and opinions from anywhere on the political spectrum
37 concerning matters not related to the faculty member's academic
38 discipline or assigned course of instruction based on the faculty
39 member's understanding of the faculty member's discipline.
40 (4) Adequately performed academic duties and obligations.
41 (5) Met any other criteria established by the board of trustees.
42 (b) If the board of trustees of an institution reviews and makes a
2025 IN 343—LS 6860/DI 143 4
1 determination that a faculty member meets the criteria under subsection
2 (a), the board of trustees shall certify that the board reviewed and made
3 a determination that the faculty member met the criteria.
4 (c) In determining whether a faculty member has adequately met the
5 criteria under subsection (a), the board of trustees of an institution may
6 not consider the following actions by a faculty member:
7 (1) Expressing dissent or engaging in research or public
8 commentary on subjects.
9 (2) Criticizing the institution's leadership.
10 (3) Engaging in any political activity conducted outside the
11 faculty member's teaching duties at the institution.
12 (d) The institution shall adopt a policy that establishes disciplinary
13 actions, including:
14 (1) termination;
15 (2) demotion;
16 (3) salary reduction;
17 (4) other disciplinary action as determined by the institution; or
18 (5) any combination of subdivisions (1) through (4);
19 that the institution will take if the board of trustees determines in a
20 review conducted under subsection (a) that a tenured faculty member
21 has failed to meet one (1) or more of the criteria described in
22 subsection (a)(1) through (a)(5).
23 (e) (d) The board of trustees of each institution shall, at least every
24 five (5) years, may review and renew or amend:
25 (1) the process for reviewing and making a determination under
26 subsection (a); and
27 (2) any criteria established under subsection (a)(5).
28 SECTION 5. IC 21-39.5-2-4, AS ADDED BY P.L.113-2024,
29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 4. (a) Each institution shall do the following:
31 (1) Establish a procedure that allows both students and employees
32 to submit complaints positive or negative reports that a faculty
33 member or person described in section 3(a) of this chapter is or
34 is not meeting the criteria described in section 2(a)(1) through
35 2(a)(5) of this chapter. contributing to a climate of cultural and
36 intellectual diversity on the campus.
37 (2) Provide information regarding the procedure established under
38 subdivision (1):
39 (A) at student orientations;
40 (B) on the institution's website; and
41 (C) during employee onboarding programs.
42 (3) Refer complaints reports submitted under subdivision (1) to
2025 IN 343—LS 6860/DI 143 5
1 the appropriate human resource professionals and supervisors for
2 consideration in employee reviews and tenure and promotion
3 decisions. faculty supervisor identified in campus tenure and
4 promotion policies for consideration in tenure, promotion, or
5 annual faculty reviews.
6 (4) Make complaints reports submitted under subdivision (1) and
7 any relevant documents, summaries, or investigations available to
8 the board of trustees of the institution. as part of normal tenure,
9 promotion, and yearly reviews.
10 (5) A report submitted under subdivision (1) must be
11 submitted via a secure log in system that provides for the
12 following:
13 (A) Only permits students who have been enrolled in a
14 faculty member's course to submit a report regarding that
15 faculty member.
16 (B) Only retains anonymity if a series of reports reveal an
17 ongoing pattern of behavior indicating a serious breach of
18 appropriate instructional or interpersonal conduct by the
19 faculty member, as determined by the policy of the
20 institution.
21 (5) (6) Not later than April 1, 2025, and not later than April 1
22 each year thereafter, submit a report to the commission for higher
23 education that summarizes the following:
24 (A) The procedure that the institution established under
25 subdivision (1) for the submission of complaints. reports.
26 (B) How and when the institution has provided or made
27 available the information concerning the submission of
28 complaints reports procedure to students, faculty members,
29 other employees, and contractors of the institution.
30 (C) The number of complaints positive or negative reports
31 submitted, disaggregated by a brief description of the types or
32 categories of complaints reports submitted, during the
33 previous calendar year.
34 (b) The commission for higher education shall do the following:
35 (1) Prepare a report that provides the following information:
36 (A) The total number of complaint report submissions that
37 each institution received as provided by the institution under
38 subsection (a)(5). (a)(6).
39 (B) The number of complaint report submissions as described
40 in clause (A), disaggregated by a brief description of the types
41 or categories of complaints reports submitted.
42 (2) Not later than July 1, 2025, and not later than July 1 of each
2025 IN 343—LS 6860/DI 143 6
1 odd-numbered year thereafter, submit the report described in
2 subdivision (1) to the legislative council in an electronic format
3 under IC 5-14-6.
4 (c) An institution and the commission for higher education may not
5 include information in a report submitted under this section that
6 identifies the following:
7 (1) A student or employee who submits a complaint report under
8 this section.
9 (2) A faculty member or person described in section 3(a)(2) of
10 this chapter against about whom a complaint report was
11 submitted.
12 SECTION 6. IC 21-39.5-3-1, AS ADDED BY P.L.113-2024,
13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 1. (a) This section applies to the following:
15 (1) An applicant for admission, enrollment, or employment at an
16 institution.
17 (2) An employee of the institution.
18 (3) A person with whom the institution contracts to teach a
19 student of the institution.
20 (b) An institution may not require an applicant, an employee, or a
21 person described in subsection (a) to pledge allegiance to or make a
22 statement of personal support for any:
23 (1) policy or action that would treat similarly situated people or
24 groups of people differently based on the race, color, national
25 origin, sex, sexual orientation, or religion; or
26 (2) political or ideological movement.
27 (c) If an institution receives a pledge or statement described in
28 subsection (b), including any statement regarding diversity, equity, and
29 inclusion, or related topics, the institution may not award:
30 (1) admission, enrollment, or employment;
31 (2) benefits;
32 (3) hiring, reappointment, or promotion; or
33 (4) granting tenure;
34 to an applicant, an employee, or a person described in subsection (a) on
35 the basis of the viewpoints expressed in the pledge or statement.
36 SECTION 7. IC 21-39.5-3-2, AS ADDED BY P.L.113-2024,
37 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 2. An institution shall include the following
39 information in the institution's programming for new students:
40 (1) The importance of:
41 (A) free inquiry and free expression; and
42 (B) a respect for cultural and intellectual diversity of
2025 IN 343—LS 6860/DI 143 7
1 viewpoints.
2 (2) The appropriate and inappropriate responses to speech that a
3 student finds offensive or disagreeable. instruction with which
4 the student disagrees.
5 SECTION 8. IC 21-39.5-4-2 IS REPEALED [EFFECTIVE JULY
6 1, 2025]. Sec. 2. A policy adopted under section 1 of this chapter must
7 limit the circumstances in which an employee or group of employees
8 from the institution may establish an official institution, school,
9 college, or department position on political, moral, or ideological issues
10 to only those circumstances that affect the core mission of the
11 institution and its values of free inquiry, free expression, and
12 intellectual diversity.
13 SECTION 9. IC 21-39.5-5-4 IS REPEALED [EFFECTIVE JULY
14 1, 2025]. Sec. 4. Not later than September 1, 2024, each institution
15 shall submit the following to the commission for higher education:
16 (1) Data describing the institution's budget allocations for
17 diversity, equity, and inclusion initiatives.
18 (2) Information regarding the definitions, guidelines, and
19 parameters the institution used in determining which initiatives
20 were considered by the institution to be diversity, equity, and
21 inclusion initiatives.
22 This section expires July 1, 2025.
23 SECTION 10. IC 21-39.5-5-5 IS REPEALED [EFFECTIVE JULY
24 1, 2025]. Sec. 5. Not later than November 1, 2024, the commission for
25 higher education shall do the following:
26 (1) Review the information submitted by the institutions under
27 section 4 of this chapter.
28 (2) Submit a report to the budget committee regarding consistent
29 definitions, guidelines, and parameters that would allow the
30 information submitted under section 4 of this chapter to be
31 compared across institutions and academic years.
32 This section expires July 1, 2025.
33 SECTION 11. IC 21-39.5-6-2, AS ADDED BY P.L.113-2024,
34 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "petitioner" means
36 any of the following:
37 (1) A student of an institution.
38 (2) An employee of an institution.
39 (b) After completing any applicable complaint report process
40 established by the institution regarding a violation of this article, a
41 petitioner may request that the commission for higher education review
42 the institution's final decision be reviewed under typical procedures
2025 IN 343—LS 6860/DI 143 8
1 used for promotion, tenure, or annual reviews at that institution.
2 under the following circumstances:
3 (1) A procedural defect materially affected the institution's final
4 decision.
5 (2) New evidence that materially affects the institution's final
6 decision and was not reasonably available at the time the final
7 decision was rendered becomes available.
8 (3) The institution's investigator had a conflict of interest or bias
9 concerning the petitioner that materially affected the institution's
10 final decision.
11 (4) The petitioner believes the institution disregarded law in
12 rendering a final decision.
13 (c) The commission for higher education shall review the request
14 submitted under subsection (b) and issue a final opinion regarding the
15 request not later than sixty (60) days after the date that the commission
16 for higher education receives the request.
17 (d) The commission for higher education may enter into an
18 agreement with the office of administrative law proceedings
19 established by IC 4-15-10.5 to carry out this section.
20 SECTION 12. IC 21-49-4-3, AS ADDED BY P.L.113-2024,
21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 3. Not later than September 1, 2024, and
23 September 1 of each year, thereafter, a state educational institution
24 shall submit to the state budget committee a report with the following
25 information for the preceding state fiscal year:
26 (1) The total number of state educational institution:
27 (A) full-time and tenured professors;
28 (B) adjunct instructors;
29 (C) other contingent faculty; and
30 (D) nonacademic support or administrative employees.
31 (2) The total number of employees at the state educational
32 institution whose primary or secondary job duties or job titles
33 include diversity, equity, and inclusion.
34 (3) (2) The total number of state educational institution
35 adjudications or proceedings regarding violations of policies
36 regarding diversity, equity, and inclusion or harassment.
37 (4) (3) A list and description of what the state educational
38 institution did to ensure free speech rights of students and
39 compliance with state law regarding expressive activity.
40 (5) (4) A list and description of what the state educational
41 institution did to ensure intellectual freedom for professors.
42 (6) (5) A list and description of what the state educational
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1 institution did to ensure cultural and intellectual and ideological
2 diversity of professors.
3 (7) The institution's budget allocations for diversity, equity, and
4 inclusion initiatives.
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