Indiana 2025 Regular Session

Indiana Senate Bill SB0343 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 343
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 4-15-10.5-4; IC 21-39-8-12; IC 21-39.5;
7	7	IC 21-49-4-3.
8	8	Synopsis: State educational institutions. Makes certain changes to
9	9	state educational institution (institution) policies that involve: (1)
10	10	disciplinary actions; (2) tenure review or promotion; and (3) student
11	11	reports. Removes a prohibition on the award of admission, enrollment,
12	12	employment, benefits, hiring, reappointment, promotion, or tenure on
13	13	the basis of a viewpoint expressed in a pledge or statement. Repeals the
14	14	following: (1) A provision concerning an employee or group of
15	15	employees establishing an official institution, school, college, or
16	16	department position on certain issues. (2) A provision concerning an
17	17	institution's duty to report certain information to the commission for
18	18	higher education (commission). (3) A provision concerning the
19	19	commission's duty to report certain information to the budget
20	20	committee (committee). Changes certain procedures regarding the
21	21	appeal of a student report. Removes a requirement that an institution
22	22	submit certain data concerning diversity, equity, and inclusion to the
23	23	committee.
24	24	Effective: July 1, 2025.
25	25	Qaddoura
26	26	January 13, 2025, read first time and referred to Committee on Education and Career
27	27	Development.
28	28	2025 IN 343—LS 6860/DI 143 Introduced
29	29	First Regular Session of the 124th General Assembly (2025)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2024 Regular Session of the General Assembly.
39	39	SENATE BILL No. 343
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	higher education.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 4-15-10.5-4, AS AMENDED BY P.L.113-2024,
44	44	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2025]: Sec. 4. (a) Except as provided in subsection (b), As
46	46	4 used in this chapter, "agency" means an authority, board, branch,
47	47	5 bureau, commission, committee, council, department, division, office,
48	48	6 service, or other instrumentality of the executive, including the
49	49	7 administrative, department of state government. The term does not
50	50	8 include any of the following:
51	51	9 (1) Any body corporate and politic set up as an instrumentality of
52	52	10 the state.
53	53	11 (2) Any private, nonprofit, government related corporation.
54	54	12 (3) The judicial department of state government.
55	55	13 (4) The legislative department of state government.
56	56	14 (5) A state educational institution.
57	57	15 (6) A political subdivision.
58	58	16 (b) The term includes a state educational institution if the office,
59	59	17 pursuant to IC 21-39.5-6-2(d), reviews a state educational institution's
60	60	2025 IN 343—LS 6860/DI 143 2
61	61	1 final decision regarding a violation of IC 21-39.5 and issues an opinion
62	62	2 on behalf of the commission for higher education.
63	63	3 SECTION 2. IC 21-39-8-12, AS AMENDED BY P.L.113-2024,
64	64	4 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
65	65	5 JULY 1, 2025]: Sec. 12. A state educational institution shall:
66	66	6 (1) create student protected expressive activity policies that are
67	67	7 consistent with this chapter;
68	68	8 (2) create a policy that includes a range of disciplinary actions
69	69	9 with regard to an employee, student, student organization, or
70	70	10 contractor of the state educational institution that materially and
71	71	11 substantially disrupts the protected expressive activity of another
72	72	12 employee, student, student organization, or contractor of the state
73	73	13 educational institution;
74	74	14 (3) make policies created under subdivisions (1) and (2) public in
75	75	15 the state educational institution's handbooks, on the state
76	76	16 educational institution's website, and at the state educational
77	77	17 institution's student orientation programs; and
78	78	18 (4) develop materials, programs, and procedures to ensure that
79	79	19 individuals who are responsible for disciplining and educating
80	80	20 students, including administrators, campus police officers,
81	81	21 residence life officials, and professors, understand the policies,
82	82	22 regulations, and duties of the state educational institution
83	83	23 regarding protected expressive activity on campus.
84	84	24 SECTION 3. IC 21-39.5-2-1, AS ADDED BY P.L.113-2024,
85	85	25 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86	86	26 JULY 1, 2025]: Sec. 1. (a) This section applies to an institution that
87	87	27 grants tenure or promotions to faculty members.
88	88	28 (b) Subject to subsection (c), each board of trustees of an institution
89	89	29 shall establish a policy that provides that a faculty member may not be
90	90	30 granted tenure or a promotion by the institution if, based on past
91	91	31 performance or other determination by the board of trustees, the faculty
92	92	32 member is: ensure that all existing tenure and promotion policies
93	93	33 consider whether a faculty member:
94	94	34 (1) unlikely to foster fosters a culture of free inquiry, free
95	95	35 expression, and cultural and intellectual diversity within the
96	96	36 institution;
97	97	37 (2) unlikely to expose exposes students to scholarly works from
98	98	38 a variety of political or ideological frameworks that may exist
99	99	39 within and are applicable to the faculty member's academic
100	100	40 discipline as defined within that faculty member's discipline;
101	101	41 or
102	102	42 (3) likely, while performing teaching duties within the scope of
103	103	2025 IN 343—LS 6860/DI 143 3
104	104	1 the faculty member's employment, to subject refrains from
105	105	2 subjecting students to political or ideological views and opinions
106	106	3 from anywhere on the political spectrum that are unrelated to
107	107	4 the faculty member's academic discipline or assigned course of
108	108	5 instruction as determined by that faculty member and that
109	109	6 faculty member's discipline.
110	110	7 (c) A policy established under subsection (b) must provide that the
111	111	8 board of trustees of an institution may not consider the following
112	112	9 actions by a faculty member when determining whether a faculty
113	113	10 member may not be granted tenure or a promotion by the institution:
114	114	11 (1) Expressing dissent or engaging in research or public
115	115	12 commentary on subjects.
116	116	13 (2) Criticizing the institution's leadership.
117	117	14 (3) Engaging in any political activity conducted outside the
118	118	15 faculty member's teaching or mentoring duties at the institution.
119	119	16 SECTION 4. IC 21-39.5-2-2, AS ADDED BY P.L.113-2024,
120	120	17 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
121	121	18 JULY 1, 2025]: Sec. 2. (a) Not later than five (5) years after the date
122	122	19 that a faculty member is granted tenure by an institution and not later
123	123	20 than every five (5) years thereafter, the board of trustees of an
124	124	21 institution shall review and determine whether the faculty member has
125	125	22 met the following criteria:
126	126	23 (1) Helped the institution foster a culture of free inquiry, free
127	127	24 expression, and intellectual diversity within the institution.
128	128	25 (2) Introduced students to scholarly works from a variety of
129	129	26 political or ideological frameworks that may exist within the
130	130	27 curricula established as determined by the
131	131	28 (A) board of trustees of the institution under IC 21-41-2-1(b);
132	132	29 or
133	133	30 (B) faculty of the institution, based on the faculty member's
134	134	31 understanding of the faculty member's discipline, acting
135	135	32 under authority delegated by the board of trustees of the
136	136	33 institution.
137	137	34 (3) While performing teaching duties within the scope of the
138	138	35 faculty member's employment, refrained from subjecting students
139	139	36 to views and opinions from anywhere on the political spectrum
140	140	37 concerning matters not related to the faculty member's academic
141	141	38 discipline or assigned course of instruction based on the faculty
142	142	39 member's understanding of the faculty member's discipline.
143	143	40 (4) Adequately performed academic duties and obligations.
144	144	41 (5) Met any other criteria established by the board of trustees.
145	145	42 (b) If the board of trustees of an institution reviews and makes a
146	146	2025 IN 343—LS 6860/DI 143 4
147	147	1 determination that a faculty member meets the criteria under subsection
148	148	2 (a), the board of trustees shall certify that the board reviewed and made
149	149	3 a determination that the faculty member met the criteria.
150	150	4 (c) In determining whether a faculty member has adequately met the
151	151	5 criteria under subsection (a), the board of trustees of an institution may
152	152	6 not consider the following actions by a faculty member:
153	153	7 (1) Expressing dissent or engaging in research or public
154	154	8 commentary on subjects.
155	155	9 (2) Criticizing the institution's leadership.
156	156	10 (3) Engaging in any political activity conducted outside the
157	157	11 faculty member's teaching duties at the institution.
158	158	12 (d) The institution shall adopt a policy that establishes disciplinary
159	159	13 actions, including:
160	160	14 (1) termination;
161	161	15 (2) demotion;
162	162	16 (3) salary reduction;
163	163	17 (4) other disciplinary action as determined by the institution; or
164	164	18 (5) any combination of subdivisions (1) through (4);
165	165	19 that the institution will take if the board of trustees determines in a
166	166	20 review conducted under subsection (a) that a tenured faculty member
167	167	21 has failed to meet one (1) or more of the criteria described in
168	168	22 subsection (a)(1) through (a)(5).
169	169	23 (e) (d) The board of trustees of each institution shall, at least every
170	170	24 five (5) years, may review and renew or amend:
171	171	25 (1) the process for reviewing and making a determination under
172	172	26 subsection (a); and
173	173	27 (2) any criteria established under subsection (a)(5).
174	174	28 SECTION 5. IC 21-39.5-2-4, AS ADDED BY P.L.113-2024,
175	175	29 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
176	176	30 JULY 1, 2025]: Sec. 4. (a) Each institution shall do the following:
177	177	31 (1) Establish a procedure that allows both students and employees
178	178	32 to submit complaints positive or negative reports that a faculty
179	179	33 member or person described in section 3(a) of this chapter is or
180	180	34 is not meeting the criteria described in section 2(a)(1) through
181	181	35 2(a)(5) of this chapter. contributing to a climate of cultural and
182	182	36 intellectual diversity on the campus.
183	183	37 (2) Provide information regarding the procedure established under
184	184	38 subdivision (1):
185	185	39 (A) at student orientations;
186	186	40 (B) on the institution's website; and
187	187	41 (C) during employee onboarding programs.
188	188	42 (3) Refer complaints reports submitted under subdivision (1) to
189	189	2025 IN 343—LS 6860/DI 143 5
190	190	1 the appropriate human resource professionals and supervisors for
191	191	2 consideration in employee reviews and tenure and promotion
192	192	3 decisions. faculty supervisor identified in campus tenure and
193	193	4 promotion policies for consideration in tenure, promotion, or
194	194	5 annual faculty reviews.
195	195	6 (4) Make complaints reports submitted under subdivision (1) and
196	196	7 any relevant documents, summaries, or investigations available to
197	197	8 the board of trustees of the institution. as part of normal tenure,
198	198	9 promotion, and yearly reviews.
199	199	10 (5) A report submitted under subdivision (1) must be
200	200	11 submitted via a secure log in system that provides for the
201	201	12 following:
202	202	13 (A) Only permits students who have been enrolled in a
203	203	14 faculty member's course to submit a report regarding that
204	204	15 faculty member.
205	205	16 (B) Only retains anonymity if a series of reports reveal an
206	206	17 ongoing pattern of behavior indicating a serious breach of
207	207	18 appropriate instructional or interpersonal conduct by the
208	208	19 faculty member, as determined by the policy of the
209	209	20 institution.
210	210	21 (5) (6) Not later than April 1, 2025, and not later than April 1
211	211	22 each year thereafter, submit a report to the commission for higher
212	212	23 education that summarizes the following:
213	213	24 (A) The procedure that the institution established under
214	214	25 subdivision (1) for the submission of complaints. reports.
215	215	26 (B) How and when the institution has provided or made
216	216	27 available the information concerning the submission of
217	217	28 complaints reports procedure to students, faculty members,
218	218	29 other employees, and contractors of the institution.
219	219	30 (C) The number of complaints positive or negative reports
220	220	31 submitted, disaggregated by a brief description of the types or
221	221	32 categories of complaints reports submitted, during the
222	222	33 previous calendar year.
223	223	34 (b) The commission for higher education shall do the following:
224	224	35 (1) Prepare a report that provides the following information:
225	225	36 (A) The total number of complaint report submissions that
226	226	37 each institution received as provided by the institution under
227	227	38 subsection (a)(5). (a)(6).
228	228	39 (B) The number of complaint report submissions as described
229	229	40 in clause (A), disaggregated by a brief description of the types
230	230	41 or categories of complaints reports submitted.
231	231	42 (2) Not later than July 1, 2025, and not later than July 1 of each
232	232	2025 IN 343—LS 6860/DI 143 6
233	233	1 odd-numbered year thereafter, submit the report described in
234	234	2 subdivision (1) to the legislative council in an electronic format
235	235	3 under IC 5-14-6.
236	236	4 (c) An institution and the commission for higher education may not
237	237	5 include information in a report submitted under this section that
238	238	6 identifies the following:
239	239	7 (1) A student or employee who submits a complaint report under
240	240	8 this section.
241	241	9 (2) A faculty member or person described in section 3(a)(2) of
242	242	10 this chapter against about whom a complaint report was
243	243	11 submitted.
244	244	12 SECTION 6. IC 21-39.5-3-1, AS ADDED BY P.L.113-2024,
245	245	13 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
246	246	14 JULY 1, 2025]: Sec. 1. (a) This section applies to the following:
247	247	15 (1) An applicant for admission, enrollment, or employment at an
248	248	16 institution.
249	249	17 (2) An employee of the institution.
250	250	18 (3) A person with whom the institution contracts to teach a
251	251	19 student of the institution.
252	252	20 (b) An institution may not require an applicant, an employee, or a
253	253	21 person described in subsection (a) to pledge allegiance to or make a
254	254	22 statement of personal support for any:
255	255	23 (1) policy or action that would treat similarly situated people or
256	256	24 groups of people differently based on the race, color, national
257	257	25 origin, sex, sexual orientation, or religion; or
258	258	26 (2) political or ideological movement.
259	259	27 (c) If an institution receives a pledge or statement described in
260	260	28 subsection (b), including any statement regarding diversity, equity, and
261	261	29 inclusion, or related topics, the institution may not award:
262	262	30 (1) admission, enrollment, or employment;
263	263	31 (2) benefits;
264	264	32 (3) hiring, reappointment, or promotion; or
265	265	33 (4) granting tenure;
266	266	34 to an applicant, an employee, or a person described in subsection (a) on
267	267	35 the basis of the viewpoints expressed in the pledge or statement.
268	268	36 SECTION 7. IC 21-39.5-3-2, AS ADDED BY P.L.113-2024,
269	269	37 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
270	270	38 JULY 1, 2025]: Sec. 2. An institution shall include the following
271	271	39 information in the institution's programming for new students:
272	272	40 (1) The importance of:
273	273	41 (A) free inquiry and free expression; and
274	274	42 (B) a respect for cultural and intellectual diversity of
275	275	2025 IN 343—LS 6860/DI 143 7
276	276	1 viewpoints.
277	277	2 (2) The appropriate and inappropriate responses to speech that a
278	278	3 student finds offensive or disagreeable. instruction with which
279	279	4 the student disagrees.
280	280	5 SECTION 8. IC 21-39.5-4-2 IS REPEALED [EFFECTIVE JULY
281	281	6 1, 2025]. Sec. 2. A policy adopted under section 1 of this chapter must
282	282	7 limit the circumstances in which an employee or group of employees
283	283	8 from the institution may establish an official institution, school,
284	284	9 college, or department position on political, moral, or ideological issues
285	285	10 to only those circumstances that affect the core mission of the
286	286	11 institution and its values of free inquiry, free expression, and
287	287	12 intellectual diversity.
288	288	13 SECTION 9. IC 21-39.5-5-4 IS REPEALED [EFFECTIVE JULY
289	289	14 1, 2025]. Sec. 4. Not later than September 1, 2024, each institution
290	290	15 shall submit the following to the commission for higher education:
291	291	16 (1) Data describing the institution's budget allocations for
292	292	17 diversity, equity, and inclusion initiatives.
293	293	18 (2) Information regarding the definitions, guidelines, and
294	294	19 parameters the institution used in determining which initiatives
295	295	20 were considered by the institution to be diversity, equity, and
296	296	21 inclusion initiatives.
297	297	22 This section expires July 1, 2025.
298	298	23 SECTION 10. IC 21-39.5-5-5 IS REPEALED [EFFECTIVE JULY
299	299	24 1, 2025]. Sec. 5. Not later than November 1, 2024, the commission for
300	300	25 higher education shall do the following:
301	301	26 (1) Review the information submitted by the institutions under
302	302	27 section 4 of this chapter.
303	303	28 (2) Submit a report to the budget committee regarding consistent
304	304	29 definitions, guidelines, and parameters that would allow the
305	305	30 information submitted under section 4 of this chapter to be
306	306	31 compared across institutions and academic years.
307	307	32 This section expires July 1, 2025.
308	308	33 SECTION 11. IC 21-39.5-6-2, AS ADDED BY P.L.113-2024,
309	309	34 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
310	310	35 JULY 1, 2025]: Sec. 2. (a) As used in this chapter, "petitioner" means
311	311	36 any of the following:
312	312	37 (1) A student of an institution.
313	313	38 (2) An employee of an institution.
314	314	39 (b) After completing any applicable complaint report process
315	315	40 established by the institution regarding a violation of this article, a
316	316	41 petitioner may request that the commission for higher education review
317	317	42 the institution's final decision be reviewed under typical procedures
318	318	2025 IN 343—LS 6860/DI 143 8
319	319	1 used for promotion, tenure, or annual reviews at that institution.
320	320	2 under the following circumstances:
321	321	3 (1) A procedural defect materially affected the institution's final
322	322	4 decision.
323	323	5 (2) New evidence that materially affects the institution's final
324	324	6 decision and was not reasonably available at the time the final
325	325	7 decision was rendered becomes available.
326	326	8 (3) The institution's investigator had a conflict of interest or bias
327	327	9 concerning the petitioner that materially affected the institution's
328	328	10 final decision.
329	329	11 (4) The petitioner believes the institution disregarded law in
330	330	12 rendering a final decision.
331	331	13 (c) The commission for higher education shall review the request
332	332	14 submitted under subsection (b) and issue a final opinion regarding the
333	333	15 request not later than sixty (60) days after the date that the commission
334	334	16 for higher education receives the request.
335	335	17 (d) The commission for higher education may enter into an
336	336	18 agreement with the office of administrative law proceedings
337	337	19 established by IC 4-15-10.5 to carry out this section.
338	338	20 SECTION 12. IC 21-49-4-3, AS ADDED BY P.L.113-2024,
339	339	21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
340	340	22 JULY 1, 2025]: Sec. 3. Not later than September 1, 2024, and
341	341	23 September 1 of each year, thereafter, a state educational institution
342	342	24 shall submit to the state budget committee a report with the following
343	343	25 information for the preceding state fiscal year:
344	344	26 (1) The total number of state educational institution:
345	345	27 (A) full-time and tenured professors;
346	346	28 (B) adjunct instructors;
347	347	29 (C) other contingent faculty; and
348	348	30 (D) nonacademic support or administrative employees.
349	349	31 (2) The total number of employees at the state educational
350	350	32 institution whose primary or secondary job duties or job titles
351	351	33 include diversity, equity, and inclusion.
352	352	34 (3) (2) The total number of state educational institution
353	353	35 adjudications or proceedings regarding violations of policies
354	354	36 regarding diversity, equity, and inclusion or harassment.
355	355	37 (4) (3) A list and description of what the state educational
356	356	38 institution did to ensure free speech rights of students and
357	357	39 compliance with state law regarding expressive activity.
358	358	40 (5) (4) A list and description of what the state educational
359	359	41 institution did to ensure intellectual freedom for professors.
360	360	42 (6) (5) A list and description of what the state educational
361	361	2025 IN 343—LS 6860/DI 143 9
362	362	1 institution did to ensure cultural and intellectual and ideological
363	363	2 diversity of professors.
364	364	3 (7) The institution's budget allocations for diversity, equity, and
365	365	4 inclusion initiatives.
366	366	2025 IN 343—LS 6860/DI 143