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Indiana General Assembly· SB 289Public Law 196

Unlawful discrimination., the official text

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First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 289

   AN ACT to amend the Indiana Code concerning state and local
administration.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 21-12-16.5-1.6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1.6. As used in this chapter,
"underserved county" means one (1) or more of the following:

      (1) Allen County.
      (2) Marion County.
      (3) Lake County.
      (4) St. Joseph County.
      (5) Vanderburgh County.
   SECTION 2. IC 21-12-16.5-5, AS AMENDED BY P.L.44-2024,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) An applicant who is enrolled in an
accredited postsecondary educational institution may qualify for a
scholarship under this chapter. To qualify for a scholarship, an
applicant must:
      (1) apply for a scholarship on a form supplied by the commission;
      (2) except as provided in subsection (b), have graduated from an
      Indiana nonaccredited nonpublic or state accredited high school
      accredited under IC 20-31-4.1 located in an underserved
      county, and:

         (A) graduated in the highest twenty percent (20%) of students
         in the applicant's high school graduating class;

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         (B) received a score in the top twentieth percentile on the SAT
         or ACT examination; or
         (C) achieved a cumulative grade point average upon
         graduation of at least 3.0 on a 4.0 grading scale (or its
         equivalent if another grading scale is used) for courses taken
         during grades 9, 10, 11, and 12;
      (3) have participated in school activities and community service
      activities during high school;
      (4) have applied to and been accepted for enrollment in an
      accredited postsecondary educational institution approved by the
      commission under section 10 of this chapter;
      (5) agree in writing to:
         (A) obtain a license to teach under IC 20-28-5; and
         (B) be employed as a teacher for at least five (5) consecutive
         years in a public school or an eligible school (as defined in
         IC 20-51-1-4.7) located in an underserved county in Indiana,
         after graduating with a baccalaureate degree from the
         accredited postsecondary educational institution described in
         subdivision (4); and
      (6) meet the definition of a minority under IC 21-13-1-6; and
      (7) (6) meet any other criteria established by the commission.
   (b) A student who graduates from a nonaccredited nonpublic school
must meet the requirement described in subsection (a)(2)(B) in order
to meet the eligibility requirement described in subsection (a)(2).
   SECTION 3. IC 21-12-16.5-12, AS ADDED BY P.L.161-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) Except as provided in subsections (b) and
(c), if an individual:
      (1) receives a scholarship under this chapter; and
      (2) fails to teach in a public school or an eligible school (as
      defined in IC 20-51-1-4.7) located in an underserved county in
      Indiana for at least five (5) consecutive years as described in
      section 5(a)(5) of this chapter;
the individual shall repay the total amount of the scholarship awarded
to the individual under this chapter in a timely fashion. The total
amount that an individual is required to repay shall be reduced by
twenty percent (20%), as determined by the commission, for each
consecutive year the individual teaches at a public school or eligible
school (as defined in IC 20-51-1-4.7) located in an underserved
county in Indiana.
   (b) The commission may extend the length of time in which an
individual must complete the requirements of an agreement described

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in section 5(a)(5) of this chapter if the individual submits a petition to
the commission in a manner prescribed by the commission and the
commission makes a determination that extenuating circumstances, as
determined by the commission, prevented the individual from timely
meeting the requirements described in section 5(a)(5) of this chapter.

   (c) The commission may waive repayment under subsection (a) if
the individual has been declared to be totally and permanently disabled
under 34 CFR 685.213.

   (d) The commission may enter into an agreement with the
department of state revenue established by IC 6-8.1-2-1 or another third
party vendor to assist in the enforcement of subsection (a) and section
11 of this chapter.

   SECTION 4. IC 21-12-16.5-13, AS ADDED BY P.L.161-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. An individual who receives a scholarship
under this chapter is not required to teach at the same public school or
eligible school (as defined in IC 20-51-1-4.7) in Indiana for five (5)
consecutive years if each public school or eligible school at which
the individual teaches is located in an underserved county in
Indiana.

   SECTION 5. IC 21-13-2-0.6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 0.6. As used in this chapter, "underserved county"
means one (1) or more of the following:

      (1) Allen County.
      (2) Marion County.
      (3) Lake County.
      (4) St. Joseph County.
      (5) Vanderburgh County.
   SECTION 6. IC 21-13-2-1, AS AMENDED BY P.L.92-2020,
SECTION 102, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. The William A. Crawford
minority teacher scholarship fund is established:
      (1) to encourage and promote qualified minority individuals to
      pursue a career in teaching in state accredited schools accredited
      under IC 20-31-4.1 in underserved counties in Indiana;
      (2) to enhance the number of individuals who may serve as role
      models for the minority students in underserved counties in
      Indiana; and
      (3) to rectify the shortage of minority teachers teaching in state
      accredited schools accredited under IC 20-31-4.1 in underserved
      counties in Indiana.

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   SECTION 7. IC 21-13-2-4, AS AMENDED BY P.L.92-2020,
SECTION 103, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 4. An individual qualifies for an
initial scholarship from the fund if the individual:

      (1) is a minority student who resides in an underserved county;
      (2) is admitted to an eligible institution as a full-time student or
      already attends an eligible institution as a full-time student;
      (3) either:

         (A) intends to pursue; or
         (B) in the case of a student who is already attending an eligible
         institution, pursues;
      a course of study that would enable the student, upon graduation,
      to teach in a state accredited school accredited under IC 20-31-4.1
      in an underserved county in Indiana;
      (4) agrees, in writing, to apply for a teaching position in a state
      accredited school accredited under IC 20-31-4.1 in an
      underserved county in Indiana following that student's
      certification as a teacher, and, if hired, to teach for at least three
      (3) years; and
      (5) meets any other minimum criteria established by the
      commission.
   SECTION 8. IC 21-13-2-7, AS AMENDED BY P.L.205-2013,
SECTION 321, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. To qualify for a scholarship
renewal from the fund, a minority student that qualified for the initial
scholarship under section 4 of this chapter must:
      (1) comply with the criteria in section 4 of this chapter; and
      (2) maintain at least the cumulative grade point average:
         (A) that is required by an eligible institution for admission to
         the eligible institution's school of education; or
         (B) of 2.0 on a 4.0 grading scale or its equivalent as
         established by the eligible institution if the eligible institution's
         school of education does not require a certain minimum
         cumulative grade point average.
   SECTION 9. IC 21-13-8-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 0.5. As used in this chapter, "underserved county"
means one (1) or more of the following:
      (1) Allen County.
      (2) Marion County.
      (3) Lake County.
      (4) St. Joseph County.

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      (5) Vanderburgh County.
   SECTION 10. IC 21-13-8-1, AS AMENDED BY P.L.52-2022,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) The Earline S. Rogers student teaching
scholarship for minority students is established.
   (b) An individual may apply for a scholarship under this chapter if
the individual:

      (1) is a minority student enrolled in an eligible institution who:
         (A) resides in; or
         (B) immediately before enrollment in the eligible
         institution, resided in;

      an underserved county in Indiana;
      (2) will participate in:

         (A) student teaching as part of the student's degree
         requirements; or
         (B) a school administration internship as part of the student's
         graduate degree program;
      (3) has earned a cumulative grade point average:
         (A) upon entering student teaching that:

            (i) is required by an eligible institution for admission to the
            eligible institution's school of education; or
            (ii) is at least a 2.0 on a 4.0 grading scale or its equivalent as
            determined by the eligible institution, if the eligible
            institution's school of education does not require a certain
            minimum cumulative grade point average; or
         (B) upon beginning a school administration internship that is
         at least 3.0 on a 4.0 scale, or its equivalent as determined by
         the eligible institution;
      (4) agrees, in writing, in the case of an individual entering student
      teaching, to apply for a teaching position at a state accredited
      school accredited under IC 20-31-4.1 in Indiana following the
      student's certification as a teacher, and, if hired, to teach for at
      least three (3) years in an underserved county in Indiana; and
      (5) meets any other minimum criteria established by the
      commission.
   SECTION 11. IC 21-27-3-5 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 5. (a) The board of trustees shall create a diversity
committee to do the following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.

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      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
   SECTION 12. IC 21-27-4-4 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 4. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
   SECTION 13. IC 21-27-5-4 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 4. (a) The board of trustees shall create a diversity
committee to do the following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
   SECTION 14. IC 21-27-6-7 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 7. (a) The board of trustees shall create a diversity
committee at the home campus and at each campus to do the following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints

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      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
state board.
   SECTION 15. IC 21-27-7-6 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
   SECTION 16. IC 21-27-8-7 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 7. (a) The board shall create a diversity committee to do the
following:
      (1) Review and recommend faculty employment policies
      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board.
   SECTION 17. IC 21-27-9-6 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 6. (a) The board of trustees shall create a diversity
committee at the home campus and at each regional campus to do the
following:
      (1) Review and recommend faculty employment policies

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      concerning cultural and intellectual diversity issues.
      (2) Review faculty and administration personnel complaints
      concerning cultural and intellectual diversity issues.
      (3) Make recommendations to promote and maintain cultural and
      intellectual diversity among faculty members.
      (4) Make recommendations to promote recruitment and retention
      of minority and underrepresented students.
   (b) The diversity committee shall issue an annual report stating the
findings, conclusions, and recommendations of the committee to the
board of trustees.
   SECTION 18. IC 22-9.3 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2025]:
   ARTICLE 9.3. UNLAWFUL DISCRIMINATION
   Chapter 1. Application
   Sec. 1. This article does not apply to the following:
      (1) An employment action concerning participation in a public
      contract by a minority business enterprise, women's business
      enterprise, or veteran business enterprise, if the employment
      action is authorized by law.
      (2) Eligibility for, or the award or denial of, a grant,
      scholarship, or remission of fees that is based on a personal
      characteristic, if the grant, scholarship, or remission of fees:

         (A) is to attend a postsecondary educational institution;
         and
         (B) is not funded by state funds or resources.
      (3) The continuation or renewal of a scholarship under:
         (A) IC 21-12-16.5 (next generation Hoosier minority
         educators scholarship program);
         (B) IC 21-13-2 (William A. Crawford minority teacher
         scholarship); or
         (C) IC 21-13-8 (Earline S. Rogers student teaching
         scholarship for minority students);
      to a recipient who was initially awarded the scholarship
      before July 1, 2025.
   Chapter 2. Definitions
   Sec. 1. As used in this article, "license" means a franchise,
permit, certification, approval, registration, charter, or similar
form of authorization or recognition:
      (1) required by law; or
      (2) permitted to be issued by law.
   Sec. 2. As used in this article, "personal characteristic" means

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race, religion, color, sex, national origin, or ancestry.
   Sec. 3. As used in this article, "public educational institution"

means:
      (1) a state educational institution (as defined in
      IC 21-7-13-32); or
      (2) a public school (as defined in IC 20-26-19-4).

   Sec. 4. As used in this article, "public employer" means:
      (1) an agency (as defined in IC 4-15-10.5-4); or
      (2) a public educational institution.

   Sec. 5. As used in this article, "to take a licensing action" means
to grant or renew a license, to refuse to grant or renew a license, or
to reward or penalize a person with respect to a license or the
granting of, renewal of, or refusal to grant or renew a license.

   Sec. 6. As used in this article, "to take an education action"
means to enroll, refuse to enroll, admit, refuse to admit, provide
aid, deny aid, reward, or penalize a person with respect to
education or an educational opportunity.

   Sec. 7. As used in this article, "to take an employment action"
means to hire, fire, promote, refuse to promote, demote, reward, or
penalize a person with respect to employment or an employment
opportunity, unless the employment action is based on a bona fide
occupational qualification.

   Chapter 3. Unlawful Discrimination in Education
   Sec. 1. It is unlawful discrimination for a public educational
institution to take an education action with respect to a person if
the education action is based on a personal characteristic of the
person.
   Chapter 4. Unlawful Discrimination in Employment
   Sec. 1. It is unlawful discrimination for a public employer to
take an employment action with respect to a person if the
employment action is based on a personal characteristic of the
person.
   Chapter 5. Unlawful Discrimination in Licensing
   Sec. 1. It is unlawful discrimination to take a licensing action
with respect to a person if the licensing action is based on a
personal characteristic of the person.
   Sec. 2. It is unlawful discrimination to require a person who is
applying for a license, or to renew a license, to affirm any of the
following:

      (1) That a person with a specific personal characteristic is
      inherently superior or inferior to a person with a different
      personal characteristic.

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      (2) That a person, by virtue of the person's personal
      characteristic, should be blamed for actions committed in the
      past.
      (3) That a person's moral character is determined, in whole or
      in part, by a personal characteristic of the person.
   Chapter 6. Training and Education
   Sec. 1. Except as provided in section 2 of this chapter, it is
unlawful discrimination to require as a condition of licensing, or
for a public employer to require as a condition of employment, that
a person attend training, including a training session, a seminar, a
continuing education program, an orientation, or a program of
therapy, that asserts any of the following:
      (1) That a person having a specific personal characteristic is
      inherently superior or inferior to a person having a different
      personal characteristic.
      (2) That a person, by virtue of the person's personal
      characteristic, should be blamed for actions committed in the
      past.
      (3) That a person's moral character is determined, in whole or
      in part, by the person's personal characteristic.
   Sec. 2. A public employer or employee may not, in the course of
the employer's or employee's prescribed duties:
      (1) implement any of the theories described in section 1(1)
      through 1(3) of this chapter; or
      (2) compel a student to implement any of the theories
      described in section 1(1) through 1(3) of this chapter.
   Chapter 7. Cause of Action
   Sec. 1. A person who is injured by a violation of this article may
bring a civil action for compensatory damages and injunctive
relief.
   Sec. 2. A prevailing plaintiff in an action under section 1 of this
chapter may be awarded the following:
      (1) Court costs and reasonable attorney's fees.
      (2) Actual damages resulting from the violation.
      (3) Declaratory or injunctive relief.
   Chapter 8. Report
   Sec. 1. Before December 1, 2025, the budget agency shall
provide a written report to the governor and the general assembly
regarding the financial impact of the implementation of the
unlawful discrimination provisions under this article. The report
to the general assembly must be in an electronic format under
IC 5-14-6.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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