Text of IN HB 1496 (2025)

Introduced Version HOUSE BILL No. 1496 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 21-7-13; IC 21-39.5-6-1.5; IC 21-41-16. Synopsis: State educational institution administration. Prohibits use of public funds by a state educational institution for policies or programs and campus activities outside the classroom that: (1) advocate for campus diversity, equity, and inclusion; or (2) promote or engage in political or social activism. Makes related changes. Effective: July 1, 2025. Bascom, Teshka, Zimmerman, Davis January 21, 2025, read first time and referred to Committee on Education. 2025 IN 1496—LS 7684/DI 51 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. HOUSE BILL No. 1496 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 21-7-13-9.5 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 3 1, 2025]: Sec. 9.5. For purposes of IC 21-41-16, "campus diversity, 4 equity, and inclusion" has the meaning set forth in IC 21-41-16-1. 5 SECTION 2. IC 21-7-13-18.4 IS ADDED TO THE INDIANA 6 CODE AS A NEW SECTION TO READ AS FOLLOWS 7 [EFFECTIVE JULY 1, 2025]: Sec. 18.4. For purposes of 8 IC 21-41-16, "federal funds" has the meaning set forth in 9 IC 21-41-16-2. 10 SECTION 3. IC 21-7-13-25.5 IS ADDED TO THE INDIANA 11 CODE AS A NEW SECTION TO READ AS FOLLOWS 12 [EFFECTIVE JULY 1, 2025]: Sec. 25.5. For purposes of 13 IC 21-41-16, "political or social activism" has the meaning set 14 forth in IC 21-41-16-3. 15 SECTION 4. IC 21-7-13-27.5 IS ADDED TO THE INDIANA 16 CODE AS A NEW SECTION TO READ AS FOLLOWS 17 [EFFECTIVE JULY 1, 2025]: Sec. 27.5. For purposes of 2025 IN 1496—LS 7684/DI 51 2 1 IC 21-14-16, "programs or campus activities" has the meaning set 2 forth in IC 21-41-16-4. 3 SECTION 5. IC 21-7-13-31.4 IS ADDED TO THE INDIANA 4 CODE AS A NEW SECTION TO READ AS FOLLOWS 5 [EFFECTIVE JULY 1, 2025]: Sec. 31.4. For purposes of 6 IC 21-41-16, "social issues" has the meaning set forth in 7 IC 21-41-16-5. 8 SECTION 6. IC 21-7-13-32.5 IS ADDED TO THE INDIANA 9 CODE AS A NEW SECTION TO READ AS FOLLOWS 10 [EFFECTIVE JULY 1, 2025]: Sec. 32.5. For purposes of 11 IC 21-41-16, "state funds" has the meaning set forth in 12 IC 21-41-16-6. 13 SECTION 7. IC 21-7-13-34.5 IS ADDED TO THE INDIANA 14 CODE AS A NEW SECTION TO READ AS FOLLOWS 15 [EFFECTIVE JULY 1, 2025]: Sec. 34.5. For purposes of 16 IC 21-41-16, "student-led organization" has the meaning set forth 17 in IC 21-41-16-7. 18 SECTION 8. IC 21-39.5-6-1.5 IS ADDED TO THE INDIANA 19 CODE AS A NEW SECTION TO READ AS FOLLOWS 20 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. This article is subject to 21 IC 21-41-16. 22 SECTION 9. IC 21-41-16 IS ADDED TO THE INDIANA CODE 23 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: 25 Chapter 16. Prohibition on Funding 26 Sec. 1. As used in this chapter, "campus diversity, equity, and 27 inclusion" means any: 28 (1) policy; or 29 (2) program or campus activity; 30 that classifies individuals on the basis of race, color, sex, national 31 origin, gender identity, or sexual orientation and promotes 32 differential or preferential treatment of individuals on the basis of 33 the classification. 34 Sec. 2. (a) As used in this chapter, "federal funds" means those 35 funds provided to the state educational institution directly or 36 indirectly by an appropriation by the Congress of the United 37 States. The term includes financial aid provided to the state 38 educational institution by or on behalf of a student attending the 39 state educational institution if the financial aid is provided to the 40 student via a governmental aid or grant program. 41 (b) The term does not include student fees to support student-led 42 organizations notwithstanding any speech or expressive activity by 2025 IN 1496—LS 7684/DI 51 3 1 such organizations that would otherwise violate this chapter if the 2 student fees must be allocated to student-led organizations 3 pursuant to written policies adopted by the board of trustees of the 4 state educational institution. 5 Sec. 3. (a) As used in this chapter, "political or social activism" 6 means any activity: 7 (1) organized with a purpose of effecting or preventing change 8 to a government policy, action, or function, or any activity 9 intended to achieve a desired result related to social issues; 10 and 11 (2) with which the state educational institution endorses or 12 promotes a position in communications, advertisements, 13 programs, or campus activities. 14 (b) The term does not include: 15 (1) authorized government relations and lobbying activities of 16 the state educational institution concerning matters that 17 directly affect the operations of the state educational 18 institution or direct-support organizations of the state 19 educational institution; or 20 (2) endorsement or promotion of a position that encourages 21 compliance with state or federal law or a rule of the 22 commission for higher education. 23 Sec. 4. As used in this chapter, "programs or campus activities" 24 means any activities authorized or administered by a state 25 educational institution that involve: 26 (1) student participation, other than classroom instruction; or 27 (2) hiring, recruiting, training, evaluating, promoting, 28 disciplining, or terminating institution employees or 29 contractors. 30 Sec. 5. As used in this chapter, "social issues" refers to topics 31 that polarize or divide society among political, ideological, moral, 32 or religious beliefs. 33 Sec. 6. (a) As used in this chapter, "state funds" are those funds 34 provided to a state educational institution by an appropriation 35 enacted by the general assembly. The term includes financial aid 36 provided to the state educational institution by or on behalf of a 37 student attending the state educational institution if the financial 38 aid is provided to the student via a state government aid or grant 39 program. 40 (b) The term does not include student fees to support student-led 41 organizations notwithstanding any speech or expressive activity by 42 the organizations that would otherwise violate this chapter if the 2025 IN 1496—LS 7684/DI 51 4 1 student fees must be allocated to student-led organizations 2 pursuant to written policies adopted by the board of trustees of the 3 state educational institution. 4 Sec. 7. As used in this chapter, "student-led organization" 5 means an organization recognized by the state educational 6 institution as an active and registered student organization that is 7 comprised of student members with a faculty or staff advisor, 8 including an organization that receives activity and service fees 9 authorized by the board of trustees of the state educational 10 institution. 11 Sec. 8. A state educational institution may not expend state 12 funds or federal funds to promote, support, or maintain programs 13 or campus activities that: 14 (1) advocate for campus diversity, equity, and inclusion; or 15 (2) promote or engage in political or social activism. 16 Sec. 9. A state educational institution advocates for campus 17 diversity, equity, and inclusion when it implements a policy or 18 engages in a program or campus activity that: 19 (1) advantages or disadvantages, or attempts to advantage or 20 disadvantage, an individual or group on the basis of race, 21 color, sex, national origin, gender identity, or sexual 22 orientation, to equalize or increase outcomes, participation, or 23 representation as compared to other individuals or groups; or 24 (2) promotes the position that a group's or an individual's 25 action is inherently, unconsciously, or implicitly biased on the 26 basis of race, color, sex, national origin, gender identity, or 27 sexual orientation. 28 Sec. 10. Student-led organizations may use state educational 29 institution facilities, notwithstanding any speech or expressive 30 activity by the organizations that would otherwise violate section 31 8 of this chapter, if the use must be granted to student-led 32 organizations pursuant to written policies of the state educational 33 institution adopted by the board of trustees. 34 Sec. 11. Section 8 of this chapter does not prohibit programs or 35 campus activities or functions required for: 36 (1) compliance with general or federal laws or regulations; 37 (2) obtaining or retaining institutional or discipline specific 38 accreditation with the approval of the commission for higher 39 education; or 40 (3) access to programs for military veterans, Pell Grant 41 recipients, or other scholarships provided by the federal or 42 state government. 2025 IN 1496—LS 7684/DI 51 5 1 Sec. 12. Section 8 of this chapter does not prohibit expenditure 2 of state funds or federal funds if: 3 (1) except as prohibited under IC 21-16-2-4(4), IC 21-20-6, 4 and IC 21-41-4-5, the expenditure is for ministerial or 5 administrative activities of a program or campus activity that 6 is not unique to that program or campus activity; and 7 (2) the specific program or campus activity is otherwise 8 supported by private funds. 9 Sec. 13. A state educational institution must designate a state 10 educational institution official or officials who are responsible for 11 compliance, oversight, and adherence to the prohibited 12 expenditure provisions of this chapter. 2025 IN 1496—LS 7684/DI 51