Indiana 2024 Regular Session Status: Enacted 10 R cosponsors

SB 202 — State educational institution matters.

Last action — Public Law 113

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 09, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 11 sponsors

    4 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (10 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Amends the duties of state educational institutions' diversity committees. Provides that certain offices or individuals established or employed by a state educational institution (institution) regarding diversity programming must include within the mission of the office or position programming that substantially promotes both cultural and intellectual diversity. Establishes various requirements and restrictions for institutions regarding free inquiry, free expression, and intellectual diversity that does the following: (1) Requires the establishment of certain policies regarding: (A) disciplinary actions for certain persons that materially and substantially disrupt protected expressive activity; (B) limiting or restricting the granting of tenure or a promotion if certain conditions related to free inquiry, free expression, and intellectual diversity are not met; and (C) disciplinary actions that will be taken if, after a review, a determination has been made that a tenured faculty member has failed to meet certain criteria related to free inquiry, free expression, and intellectual diversity. (2) Requires the review and consideration, at least every five years, of certain criteria related to free inquiry, free expression, and intellectual diversity. (3) Requires the establishment of a procedure that allows students and employees to submit complaints that a faculty member or contractor is not meeting certain criteria related to free inquiry, free expression, and intellectual diversity and establishes requirements regarding the procedure and submitted complaints. (4) Establishes consideration requirements before an institution renews an employment agreement or other contract with, makes a bonus decision regarding, or completes a review or performance assessment of a faculty member or contractor. (5) Prohibits requiring an applicant, employee, or contractor to pledge allegiance to or make a statement of personal support for: (A) certain policies or actions; or (B) political or ideological movements. (6) Establishes restrictions regarding awarding admission, enrollment, employment, benefits, hiring, reappointment, promotion, or granting tenure to an applicant, employee, or contractor on the basis of the viewpoints expressed in a submitted pledge or statement. (7) Requires certain information be included in an institution's programming for new students. (8) Requires the adoption of a statement on neutrality that makes a distinction between the official positions of an institution from the individual viewpoints of the institution's employees, contractors, students, and alumni. (9) Allows the commission for higher education (commission) to establish a survey that attempts to collect information from students regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies and requires an institution to promote and provide the survey to students. (10) Establishes various reporting requirements by institutions or the commission concerning complaints submitted regarding faculty members or contractors who are not meeting certain criteria related to free inquiry, free expression, and intellectual diversity. (11) Provides that certain individuals may request the commission to review a final decision by an institution concerning a violation of these provisions. Provides that the commission may enter into an agreement with the office of administrative law proceedings to review violations of certain provisions and issue an opinion on behalf of the commission. Requires each institution to submit certain information by September 1, 2024, and on September 1 of each year thereafter.

Bill Text

We don't have the full text on file for this bill yet.

Read SB 202 on the official Indiana source →

Action History

  1. Public Law 113

  2. Signed by the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Senate concurred in House amendments; Roll Call 242: yeas 33, nays 12

  7. Returned to the Senate with amendments

  8. Motion to concur filed

  9. Third reading: passed; Roll Call 227: yeas 66, nays 31

  10. Amendment #2 (Smith V) failed; Roll Call 199: yeas 31, nays 62

  11. Second reading: amended, ordered engrossed

  12. Amendment #4 (DeLaney) failed; Roll Call 201: yeas 36, nays 58

  13. Amendment #3 (DeLaney) failed; Roll Call 200: yeas 29, nays 63

  14. Amendment #1 (Behning) prevailed; voice vote

  15. Minority report (DeLaney) not substituted for majority report Roll Call 183: yeas 28, nays 58

  16. Referred to Committee on Ways and Means pursuant to House Rule 84; Failed, Roll Call 185: yeas 28, nays 59

  17. Committee report: amend do pass, adopted Roll Call 184: yeas 59, nays 28

  18. First reading: referred to Committee on Education

  19. Referred to the House

  20. Third reading: passed; Roll Call 131: yeas 39, nays 9

  21. House sponsor: Representative Behning

  22. Cosponsors: Representatives Davis, Teshka, Heaton

  23. Amendment #3 (Ford J.D.) failed; Roll Call 98: yeas 8, nays 40

  24. Second reading: amended, ordered engrossed

  25. Amendment #5 (Qaddoura) failed; Roll Call 96: yeas 7, nays 40

  26. Amendment #11 (Goode) prevailed; voice vote

  27. Amendment #2 (Ford J.D.) failed; Roll Call 97: yeas 9, nays 39

  28. Amendment #7 (Qaddoura) failed; Roll Call 94: yeas 8, nays 40

  29. Amendment #6 (Qaddoura) failed; Roll Call 95: yeas 8, nays 40

  30. Amendment #15 (Deery) prevailed; Division of the Senate: yeas 34, nays 8

  31. Amendment #14 (Deery) prevailed; voice vote

  32. Senators Donato, Crane, Rogers added as coauthors

  33. Committee report: amend do pass, adopted

  34. Senator Byrne added as coauthor

  35. First reading: referred to Committee on Education and Career Development

  36. Authored by Senators Deery, Raatz and Johnson T

Sponsors

Sponsorship breakdown

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4 sponsors · 7 co-sponsors · 139 not signed on

Sponsors (4)

Co-sponsors (7)

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights education
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Frequently asked questions

What does SB 202 do?
Amends the duties of state educational institutions' diversity committees. Provides that certain offices or individuals established or employed by a state educational institution (institution) regarding diversity programming must include within the mission of the office or position programming that substantially promotes both cultural and intellectual diversity. Establishes various requirements and restrictions for institutions regarding free inquiry, free expression, and intellectual diversity that does the following: (1) Requires the establishment of certain policies regarding: (A) disciplinary actions for certain persons that materially and substantially disrupt protected expressive activity; (B) limiting or restricting the granting of tenure or a promotion if certain conditions related to free inquiry, free expression, and intellectual diversity are not met; and (C) disciplinary actions that will be taken if, after a review, a determination has been made that a tenured faculty member has failed to meet certain criteria related to free inquiry, free expression, and intellectual diversity. (2) Requires the review and consideration, at least every five years, of certain criteria related to free inquiry, free expression, and intellectual diversity. (3) Requires the establishment of a procedure that allows students and employees to submit complaints that a faculty member or contractor is not meeting certain criteria related to free inquiry, free expression, and intellectual diversity and establishes requirements regarding the procedure and submitted complaints. (4) Establishes consideration requirements before an institution renews an employment agreement or other contract with, makes a bonus decision regarding, or completes a review or performance assessment of a faculty member or contractor. (5) Prohibits requiring an applicant, employee, or contractor to pledge allegiance to or make a statement of personal support for: (A) certain policies or actions; or (B) political or ideological movements. (6) Establishes restrictions regarding awarding admission, enrollment, employment, benefits, hiring, reappointment, promotion, or granting tenure to an applicant, employee, or contractor on the basis of the viewpoints expressed in a submitted pledge or statement. (7) Requires certain information be included in an institution's programming for new students. (8) Requires the adoption of a statement on neutrality that makes a distinction between the official positions of an institution from the individual viewpoints of the institution's employees, contractors, students, and alumni. (9) Allows the commission for higher education (commission) to establish a survey that attempts to collect information from students regarding the current perceptions of whether free speech and academic freedom are recognized and fostered by an institution in a manner that welcomes expression of different opinions and ideologies and requires an institution to promote and provide the survey to students. (10) Establishes various reporting requirements by institutions or the commission concerning complaints submitted regarding faculty members or contractors who are not meeting certain criteria related to free inquiry, free expression, and intellectual diversity. (11) Provides that certain individuals may request the commission to review a final decision by an institution concerning a violation of these provisions. Provides that the commission may enter into an agreement with the office of administrative law proceedings to review violations of certain provisions and issue an opinion on behalf of the commission. Requires each institution to submit certain information by September 1, 2024, and on September 1 of each year thereafter.
Who sponsors SB 202?
SB 202 is sponsored by Robert Heaton (Republican), Jake Teshka (Republican), Michelle Davis (Republican), Robert Behning (Republican), Linda Rogers (Republican), John Crane, Stacey Donato (Republican), Gary Byrne (Republican), Tyler Johnson (Republican), Jeff Raatz (Republican), and Spencer Deery (Republican).
What is the current status of SB 202?
This bill has been enacted into law. Introduced January 09, 2024. Enacted.
Where can I track SB 202?
Track SB 202 free on One Click Politics — get push/email alerts when it moves.

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