A bill that would protect university students from discipline over some types of speech could also eliminate minority scholarships in Indiana.
In addition to guaranteeing protections for students expressing political beliefs or making statements that others perceive as “bias, prejudice, stereotypes, or intolerance,” House Bill 1173 prohibits universities from using an applicant’s “race, color, or ethnicity to make decisions concerning the applicant’s admission, scholarship, or financial aid.”
The bill’s author, Rep. Jake Teshka (R-South Bend), did not respond to a request for comment.
A 2023 U.S. Supreme Court decision already prohibits universities from considering race in admissions, and many universities, including IU, have speech policies safeguarding controversial expression.
But state universities continue to offer scholarships with preference toward students from minority backgrounds. Although written to eliminate race-conscious scholarships, it’s not clear how the bill would affect them if passed.
Certain scholarships give preference to minority groups, but an applicant doesn’t need to identify as that minority to be eligible. Some of those scholarships are funded by donors who directed specifically that their gifts help minority applicants. The university often administers such scholarships.
Indiana University and Ball State University list scholarships geared toward Native and African American applicants on their diversity pages, with some oriented more generally to students from “underrepresented populations.”
The bill’s fiscal impact statement clarifies that third-party scholarships are unaffected.
It’s the first legislative action against minority scholarships in the state, but not the first legal challenge.
Conservative higher education group Equal Protection Project filed a complaint against IU in July with the U.S. Department of Education’s Office for Civil Rights. The complains said over 19 scholarships unlawfully excluded white students. The department doesn’t currently list the case as either initiated or resolved.
Funding for Diversity, Equity, and Inclusion (DEI) programs at public universities has become a target of other state legislatures. Since a bill passed last year, Indiana schools have to report information on their DEI budgets to the state and can’t require job applicants to submit a diversity statement or sign an anti-discrimination statement.
HB 1173 had its first reading Wednesday and was referred to the Committee on Education. The legislative session continues through April.
