SB 289 Indiana Senate · 2025 Regular Session

Unlawful discrimination.

Summary

Repeals provisions concerning university diversity committees. Prohibits unlawful discrimination in education, public employment, and licensure. Allows participation in public contracts by a minority business enterprise, women's business enterprise, and veteran business enterprise, as currently authorized by law. Permits scholarships based on a personal characteristic of the recipient if the scholarship is not funded by state funds or resources, and permits the renewal of specified state funded minority teaching scholarships for those recipients who were initially awarded the scholarship before July 1, 2025. Changes the criteria for certain state funded teaching scholarships from minority status to residence in an underserved county and an agreement to teach in an underserved county. Prohibits requiring as a condition of licensure that a person affirm that a person with a certain personal characteristic: (1) is inherently superior or inferior to a person with a different personal characteristic; (2) should be blamed for actions committed in the past; or (3) has a moral character that is determined by a personal characteristic of the person. Prohibits a public employer from requiring training asserting that, or implementing the theory that, a person with a certain personal characteristic: (1) is inherently superior or inferior to a person with a different personal characteristic; (2) should be blamed for actions committed in the past; or (3) has a moral character that is determined by a personal characteristic of the person. Permits a person injured by a violation to bring a civil action for actual damages, court costs, and injunctive relief.

Bill status signed all 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Apr 2025

House Passage

Apr 2025

Signed into Law

May 2025

Introduced Jan 13, 2025 Signed May 6, 2025

Maddy AI version diff · 5 comparisons

What changed between versions

Senate Bill (S) → Senate Bill (H) · 6 edits

MODERATE

This bill was amended to change its focus from requiring schools and agencies to post diversity training materials to repealing existing diversity committee requirements at universities. The House version removes the mandate to post training materials about concepts like race, equity, and bias, while also repealing sections that required universities to create diversity committees. This represents a significant policy shift away from diversity reporting requirements.

Scope change

The bill's scope changed from applying to school corporations, charter schools, state agencies, and political subdivisions requiring them to post diversity training materials, to repealing diversity committee requirements at universities and adding provisions about unlawful discrimination in education and employment.

REQUIREMENT

Removed requirement for schools and agencies to post training and curricular materials on diversity, equity, inclusion, race, ethnicity, sex, and bias on their websites.

Removed provisions prohibiting entities from requiring employees or students to affirm certain beliefs about diversity concepts.

Removed requirement for universities to create diversity committees to review faculty policies and complaints related to cultural diversity.

Added provisions prohibiting unlawful discrimination in education, public employment, and licensure based on personal characteristics.

ENFORCEMENT

Added civil action provisions allowing injured persons to seek damages for violations, with specific dollar amounts for first and subsequent offenses.

TIMELINE

Changed effective date from January 24, 2025 to April 7, 2025, and updated digest reference numbers.

Engrossed Senate Bill (H) → Engrossed Senate Bill (S) · 7 edits · Feb 6, 2025

MODERATE

The bill was substantially rewritten to shift its focus from prohibiting diversity, equity, and inclusion (DEI) initiatives to addressing unlawful discrimination in education, employment, and licensure. The new version repeals university diversity committee provisions, allows minority and veteran business enterprises to participate in public contracts, and modifies scholarship criteria to prioritize residence in underserved counties rather than minority status.

Scope change

The bill's scope changed from primarily restricting DEI programs in state agencies and schools to broadly prohibiting unlawful discrimination across education, public employment, and professional licensure, while also expanding scholarship eligibility based on geographic location.

REQUIREMENT

Removed provisions prohibiting state agencies and schools from using public funds for DEI initiatives, including prohibitions on hiring consultants to promote DEI concepts.

Removed prohibitions on requiring students or employees to affirm certain beliefs about race, gender, or other characteristics, and on using public funds to hire consultants promoting those beliefs.

ELIGIBILITY

Added provisions allowing scholarships based on personal characteristics if not funded by state funds, and permitting renewal of minority teaching scholarships for recipients awarded before July 1, 2025.

Changed scholarship criteria from minority status to residence in underserved counties (Allen, Marion, Lake, St. Joseph, and Vanderburgh) with an agreement to teach there.

ENFORCEMENT

Added civil action provisions allowing individuals injured by discrimination violations to seek up to $100,000 in damages for repeat offenses.

DEFINITION

Replaced the detailed definition of DEI with provisions defining 'underserved county' for scholarship purposes.

TIMELINE

Updated reprint dates from February 5, 2025 to April 11, 2025, and digest update dates from February 4 to April 10, 2025.

Introduced Senate Bill (S) → Engrossed Senate Bill (H) · 10 edits · Feb 6, 2025

MAJOR

This bill was substantially rewritten and renamed from SB 289 to SB 289.2, shifting its focus from requiring schools to post DEI training materials to prohibiting state agencies and educational institutions from spending public funds on DEI initiatives. The original version required posting of training materials and prohibited compelling beliefs, while the new version defines DEI broadly and restricts funding for DEI-related activities unless approved by the attorney general.

Scope change

The bill's scope expanded from primarily school corporations and charter schools to include state agencies, state educational institutions, and health profession licensing boards. The applicability also shifted from requiring posting of materials to prohibiting expenditures on DEI activities.

SCOPE

Bill title changed from SB 289 to SB 289.2 and reprinted with updated date of February 5, 2025

Affected statutes changed from IC 5-14-8 and IC 20-26-22.5 to IC 4-10, IC 5-14, IC 20-26, IC 21-38, IC 21-44, IC 21-49, IC 22-5, and IC 25-1

Synopsis changed from requiring posting of DEI materials to prohibiting expenditures on DEI initiatives

DEFINITION

Added new definitions for 'agency', 'diversity, equity, and inclusion' (DEI), 'DEI office', and 'DEI officer'

REQUIREMENT

Added prohibition on agencies expending funds for DEI activities unless approved in writing by the attorney general

Added prohibition on promoting policies or training related to race, sex, color, or ethnicity unless approved by attorney general

Removed requirements for school corporations to post training and curricular materials on websites

Removed provisions about posting nondiscrimination training materials for students and employees

ENFORCEMENT

Changed enforcement mechanism from allowing civil actions by employees/parents to allowing attorney general to file actions for mandate

ELIGIBILITY

Changed from school-focused provisions to broader state agency and educational institution provisions

Floor votes · Senate Feb 6, 2025 · House Apr 14, 2025

How they voted

34–13

Passed · 3 other

Total votes 50

Feb 6, 2025

D Democratic10

9 Nay 1

90% Nay

R Republican40

34 Yea 4 Nay 2

85% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

May 6, 2025

Signed into law

Signed by the Governor

executive

Apr 29, 2025

Upper · Passed

Signed by the President of the Senate

upper

Apr 25, 2025

Lower · Passed

Signed by the Speaker

lower

Apr 24, 2025

Lower · Passed

Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 548: yeas 64, nays 26

lower

Apr 24, 2025

Upper · Passed

Signed by the President Pro Tempore

upper

Apr 24, 2025

Upper · Passed

Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 506: yeas 34, nays 16

upper

Apr 17, 2025

Introduced

Senate dissented from House amendments

upper

Apr 14, 2025

Lower · Passed

Third reading: passed; Roll Call 441: yeas 67, nays 27

lower

Apr 10, 2025

Lower · Passed

Amendment #17 (Harris) prevailed; voice vote

lower

Apr 7, 2025

Lower · Passed

Committee report: amend do pass, adopted

lower

Feb 6, 2025

Upper · Passed

Third reading: passed; Roll Call 80: yeas 34, nays 13

upper

Feb 4, 2025

Amended

Amendment #3 (Hunley) failed; voice vote

upper

Feb 4, 2025

Amended

Amendment #4 (Hunley) failed; Division of the Senate: yeas 10, nays 38

upper

Feb 4, 2025

Upper · Passed

Amendment #8 (Johnson T) prevailed; voice vote

upper

Feb 4, 2025

Amended

Amendment #5 (Hunley) failed; Roll Call 64: yeas 10, nays 39

upper

Jan 23, 2025

Upper · Passed

Committee report: amend do pass, adopted

upper

3 primary · 7 co-sponsors