SB 202 IN

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Became Law

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.

• Spencer Deery Republican · author
• Jeff Raatz Republican · author
• Tyler Johnson Republican · author
• Robert Behning Republican · sponsor

1. Jan 9, 2024 Authored by Senators Deery, Raatz and Johnson T · upper
2. Jan 9, 2024 First reading: referred to Committee on Education and Career Development · upper
3. Jan 18, 2024 Senator Byrne added as coauthor · upper
4. Jan 25, 2024 Committee report: amend do pass, adopted · upper
5. Feb 1, 2024 Senators Donato, Crane, Rogers added as coauthors · upper
6. Feb 5, 2024 Amendment #14 (Deery) prevailed; voice vote · upper
7. Feb 5, 2024 Amendment #15 (Deery) prevailed; Division of the Senate: yeas 34, nays 8 · upper
8. Feb 5, 2024 Amendment #6 (Qaddoura) failed; Roll Call 95: yeas 8, nays 40 · upper
9. Feb 5, 2024 Amendment #7 (Qaddoura) failed; Roll Call 94: yeas 8, nays 40 · upper
10. Feb 5, 2024 Amendment #2 (Ford J.D.) failed; Roll Call 97: yeas 9, nays 39 · upper
11. Feb 5, 2024 Amendment #11 (Goode) prevailed; voice vote · upper
12. Feb 5, 2024 Amendment #5 (Qaddoura) failed; Roll Call 96: yeas 7, nays 40 · upper
13. Feb 5, 2024 Second reading: amended, ordered engrossed · upper
14. Feb 5, 2024 Amendment #3 (Ford J.D.) failed; Roll Call 98: yeas 8, nays 40 · upper
15. Feb 6, 2024 Cosponsors: Representatives Davis, Teshka, Heaton · upper
16. Feb 6, 2024 House sponsor: Representative Behning · upper
17. Feb 6, 2024 Third reading: passed; Roll Call 131: yeas 39, nays 9 · upper
18. Feb 7, 2024 Referred to the House · upper
19. Feb 12, 2024 First reading: referred to Committee on Education · lower
20. Feb 22, 2024 Committee report: amend do pass, adopted Roll Call 184: yeas 59, nays 28 · lower
21. Feb 22, 2024 Referred to Committee on Ways and Means pursuant to House Rule 84; Failed, Roll Call 185: yeas 28, nays 59 · lower
22. Feb 22, 2024 Minority report (DeLaney) not substituted for majority report Roll Call 183: yeas 28, nays 58 · lower
23. Feb 26, 2024 Amendment #1 (Behning) prevailed; voice vote · lower
24. Feb 26, 2024 Amendment #3 (DeLaney) failed; Roll Call 200: yeas 29, nays 63 · lower
25. Feb 26, 2024 Amendment #4 (DeLaney) failed; Roll Call 201: yeas 36, nays 58 · lower
26. Feb 26, 2024 Second reading: amended, ordered engrossed · lower
27. Feb 26, 2024 Amendment #2 (Smith V) failed; Roll Call 199: yeas 31, nays 62 · lower
28. Feb 27, 2024 Third reading: passed; Roll Call 227: yeas 66, nays 31 · lower
29. Feb 28, 2024 Motion to concur filed · upper
30. Feb 28, 2024 Returned to the Senate with amendments · lower
31. Feb 29, 2024 Senate concurred in House amendments; Roll Call 242: yeas 33, nays 12 · upper
32. Mar 5, 2024 Signed by the President Pro Tempore · upper
33. Mar 7, 2024 Signed by the Speaker · lower
34. Mar 13, 2024 Signed by the Governor · executive
35. Mar 13, 2024 Public Law 113 · upper
36. Mar 8, 2024 Signed by the President of the Senate · upper

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · PDF
• Engrossed Senate Bill (S) · PDF
• Senate Bill (H) · PDF
• Engrossed Senate Bill (H) · PDF
• Senate Bill (S) · PDF
• Introduced Senate Bill (S) · PDF