Signed by Governor Mike Braun

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that prohibits diversity, equity and inclusion (DEI) programs in schools and state government in Indiana.

Highlights:

• Specifies “diversity, equity, and inclusion” or “DEI” as any effort to do any of the following (Ch. 24):

• Manipulate or otherwise influence the composition of employees regarding race, sex, color, or ethnicity, which does not include ensuring color-blind and race-neutral hiring under state and federal anti-discrimination laws;

• Promote differential treatment of or provide special benefits to individuals based on race, sex, color, or ethnicity;

• Promote or promulgate policies or procedures designed or implemented regarding race, sex, color, or ethnicity that are not policies or procedures approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or

• Promote or promulgate training, programming, or activities designed or implemented regarding race, sex, color, or ethnicity that are not training, programming, or activities developed by an attorney and approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law.

• Specifies DEI does not include (Ch. 24):

• Equal opportunity or equal employment opportunity materials or efforts designed to inform individuals about the prohibition of discrimination based on protected status under state or federal law; or

• Programs, services, activities, or other efforts to attract, retain, or support:

•  students; or

•  Employees;

• provided that such programs, services, activities, or other efforts do not promote differential treatment and are open to all individuals irrespective of race, color, ethnicity, or any other protected status under state or federal law.

• Establishes that an agency may not expand appropriated funds to establish, sustain, support, or staff a DEI office or contract, employ, or engage in hiring an individual to fill a DEI officer spot. (Ch. 24).

• Specifies this does not prohibit consideration of bona fide qualifications based on sex that are reasonably necessary to the normal operation of government function (Ch. 24).

•  Specifies that a school corporation or charter school, a state agency or political subdivision may not (Ch. 22.5/9.5):

• Require or otherwise compel a student, teacher, administrator, or employee to affirm, adopt, or adhere to any belief or concept that:

• A particular race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another race, sex, ethnicity, religion, or national origin;

• An individual, under the individual's race, sex, ethnicity, religion, or national origin should be blamed for actions committed in the past by other members of the same race, sex, ethnicity, religion, or national origin; or

•  An individual's moral character is necessarily determined, in whole or in part, by the individual's race, sex, ethnicity, religion, or national origin;

• Prohibits public funds to contract with, hire, or otherwise engage consultants, trainers, or other persons to direct or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept.

• Specifies this does not prohibit speech protected by the 1st Amendment of the Constitution of the United States or:

• Access to sources on an individual basis; or

• Discussion of the teachings or beliefs as long as the school or charter specifies it does not sponsor, approve, or endorse the beliefs, concepts, or materials.

• Specifies this shall not prohibit the discussion or teaching of the following: (Ch. 22.5/9.5)

• How stereotypes have been or are wrongfully embraced or used to discriminate based on race, sex, ethnicity, religion, national origin; or

• Data or scientific studies that categorize people based on race, sex, ethnicity, religion, or national origin, reveal disparities between different groups within any of the categories described in the clause.

• Establishes that an employee, a parent, an emancipated student, or an employee of a state agency or political subdivision may file a complaint with a principal of a school, or state agency, or political subdivision and the entity shall (Ch. 22.5/9.5):

• Investigate the complaint and respond to it by acknowledging a violation, denying a violation, or determining that evidence couldn't show if there was a violation or not.

• Specifies this must be done within 5 days of the complaint being received;

• Specifies they can send it to the next higher authority within 10 days of the response if the individual is still not satisfied.

• Establishes the ability for the attorney general to file an action mandating agencies or education institutions to comply with this bill. (Ch. 22.5/9.5).

• Establishes a fine of no more than $250,000 for each violation and specifies this money shall be sent to the treasurer of the state for deposit in the state general fund (Ch. 24).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that prohibits diversity, equity and inclusion (DEI) programs in schools and state government in Indiana.

Highlights:

• Specifies “diversity, equity, and inclusion” or “DEI” as any effort to do any of the following (Ch. 24):

• Manipulate or otherwise influence the composition of employees regarding race, sex, color, or ethnicity, which does not include ensuring color-blind and race-neutral hiring under state and federal anti-discrimination laws;

• Promote differential treatment of or provide special benefits to individuals based on race, sex, color, or ethnicity;

• Promote or promulgate policies or procedures designed or implemented regarding race, sex, color, or ethnicity that are not policies or procedures approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or

• Promote or promulgate training, programming, or activities designed or implemented regarding race, sex, color, or ethnicity that are not training, programming, or activities developed by an attorney and approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law.

• Specifies DEI does not include (Ch. 24):

• Equal opportunity or equal employment opportunity materials or efforts designed to inform individuals about the prohibition of discrimination based on protected status under state or federal law; or

• Programs, services, activities, or other efforts to attract, retain, or support:

•  students; or

•  Employees;

• provided that such programs, services, activities, or other efforts do not promote differential treatment and are open to all individuals irrespective of race, color, ethnicity, or any other protected status under state or federal law.

• Establishes that an agency may not expand appropriated funds to establish, sustain, support, or staff a DEI office or contract, employ, or engage in hiring an individual to fill a DEI officer spot. (Ch. 24).

• Specifies this does not prohibit consideration of bona fide qualifications based on sex that are reasonably necessary to the normal operation of government function (Ch. 24).

•  Specifies that a school corporation or charter school, a state agency or political subdivision may not (Ch. 22.5/9.5):

• Require or otherwise compel a student, teacher, administrator, or employee to affirm, adopt, or adhere to any belief or concept that:

• A particular race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another race, sex, ethnicity, religion, or national origin;

• An individual, under the individual's race, sex, ethnicity, religion, or national origin should be blamed for actions committed in the past by other members of the same race, sex, ethnicity, religion, or national origin; or

•  An individual's moral character is necessarily determined, in whole or in part, by the individual's race, sex, ethnicity, religion, or national origin;

• Prohibits public funds to contract with, hire, or otherwise engage consultants, trainers, or other persons to direct or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept.

• Specifies this does not prohibit speech protected by the 1st Amendment of the Constitution of the United States or:

• Access to sources on an individual basis; or

• Discussion of the teachings or beliefs as long as the school or charter specifies it does not sponsor, approve, or endorse the beliefs, concepts, or materials.

• Specifies this shall not prohibit the discussion or teaching of the following: (Ch. 22.5/9.5)

• How stereotypes have been or are wrongfully embraced or used to discriminate based on race, sex, ethnicity, religion, national origin; or

• Data or scientific studies that categorize people based on race, sex, ethnicity, religion, or national origin, reveal disparities between different groups within any of the categories described in the clause.

• Establishes that an employee, a parent, an emancipated student, or an employee of a state agency or political subdivision may file a complaint with a principal of a school, or state agency, or political subdivision and the entity shall (Ch. 22.5/9.5):

• Investigate the complaint and respond to it by acknowledging a violation, denying a violation, or determining that evidence couldn't show if there was a violation or not.

• Specifies this must be done within 5 days of the complaint being received;

• Specifies they can send it to the next higher authority within 10 days of the response if the individual is still not satisfied.

• Establishes the ability for the attorney general to file an action mandating agencies or education institutions to comply with this bill. (Ch. 22.5/9.5).

• Establishes a fine of no more than $250,000 for each violation and specifies this money shall be sent to the treasurer of the state for deposit in the state general fund (Ch. 24).

Full Bill Text

Vote Smart's Synopsis:

Vote to adopt a conference report and pass a bill that prohibits diversity, equity and inclusion (DEI) programs in schools and state government in Indiana.

Highlights:

• Specifies “diversity, equity, and inclusion” or “DEI” as any effort to do any of the following (Ch. 24):

• Manipulate or otherwise influence the composition of employees regarding race, sex, color, or ethnicity, which does not include ensuring color-blind and race-neutral hiring under state and federal anti-discrimination laws;

• Promote differential treatment of or provide special benefits to individuals based on race, sex, color, or ethnicity;

• Promote or promulgate policies or procedures designed or implemented regarding race, sex, color, or ethnicity that are not policies or procedures approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law; or

• Promote or promulgate training, programming, or activities designed or implemented regarding race, sex, color, or ethnicity that are not training, programming, or activities developed by an attorney and approved in writing by the attorney general for the sole purpose of ensuring compliance with any applicable court order or state or federal law.

• Specifies DEI does not include (Ch. 24):

• Equal opportunity or equal employment opportunity materials or efforts designed to inform individuals about the prohibition of discrimination based on protected status under state or federal law; or

• Programs, services, activities, or other efforts to attract, retain, or support:

•  students; or

•  Employees;

• provided that such programs, services, activities, or other efforts do not promote differential treatment and are open to all individuals irrespective of race, color, ethnicity, or any other protected status under state or federal law.

• Establishes that an agency may not expand appropriated funds to establish, sustain, support, or staff a DEI office or contract, employ, or engage in hiring an individual to fill a DEI officer spot. (Ch. 24).

• Specifies this does not prohibit consideration of bona fide qualifications based on sex that are reasonably necessary to the normal operation of government function (Ch. 24).

•  Specifies that a school corporation or charter school, a state agency or political subdivision may not (Ch. 22.5/9.5):

• Require or otherwise compel a student, teacher, administrator, or employee to affirm, adopt, or adhere to any belief or concept that:

• A particular race, sex, ethnicity, religion, or national origin is inherently superior or inferior to another race, sex, ethnicity, religion, or national origin;

• An individual, under the individual's race, sex, ethnicity, religion, or national origin should be blamed for actions committed in the past by other members of the same race, sex, ethnicity, religion, or national origin; or

•  An individual's moral character is necessarily determined, in whole or in part, by the individual's race, sex, ethnicity, religion, or national origin;

• Prohibits public funds to contract with, hire, or otherwise engage consultants, trainers, or other persons to direct or otherwise compel a student, teacher, administrator, or other employee to affirm, adopt, or adhere to any belief or concept.

• Specifies this does not prohibit speech protected by the 1st Amendment of the Constitution of the United States or:

• Access to sources on an individual basis; or

• Discussion of the teachings or beliefs as long as the school or charter specifies it does not sponsor, approve, or endorse the beliefs, concepts, or materials.

• Specifies this shall not prohibit the discussion or teaching of the following: (Ch. 22.5/9.5)

• How stereotypes have been or are wrongfully embraced or used to discriminate based on race, sex, ethnicity, religion, national origin; or

• Data or scientific studies that categorize people based on race, sex, ethnicity, religion, or national origin, reveal disparities between different groups within any of the categories described in the clause.

• Establishes that an employee, a parent, an emancipated student, or an employee of a state agency or political subdivision may file a complaint with a principal of a school, or state agency, or political subdivision and the entity shall (Ch. 22.5/9.5):

• Investigate the complaint and respond to it by acknowledging a violation, denying a violation, or determining that evidence couldn't show if there was a violation or not.

• Specifies this must be done within 5 days of the complaint being received;

• Specifies they can send it to the next higher authority within 10 days of the response if the individual is still not satisfied.

• Establishes the ability for the attorney general to file an action mandating agencies or education institutions to comply with this bill. (Ch. 22.5/9.5).

• Establishes a fine of no more than $250,000 for each violation and specifies this money shall be sent to the treasurer of the state for deposit in the state general fund (Ch. 24).

Full Bill Text