07 LC 28
3263
House
Bill 154
By:
Representatives Rice of the
51st,
Hembree of the
67th,
Mills of the
25th,
Forster of the
3rd,
and Coleman of the
97th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of
Georgia Annotated, relating to the University System of Georgia, so as to enact
the "Intellectual Diversity in Higher Education Act"; to provide a short title;
to provide legislative findings and intent; to require all institutions under
the control of the Board of Regents of the University System of Georgia to
submit annual reports to the General Assembly on their efforts toward
intellectual diversity; to provide for the content of such reports; to provide
for the posting of such reports on the institutions´ website; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Intellectual Diversity in Higher
Education Act."
SECTION
2.
Part
2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia
Annotated, relating to the University System of Georgia, is amended by inserting
a new Code Section 20-3-88 to read as follows:
"20-3-88.
(a)
The General Assembly finds that:
(1)
Intellectual diversity is the foundation of a learning environment that exposes
students to a variety of political, ideological, and other
perspectives;
(2)
Colleges and universities should welcome intellectual diversity and the free
exchange of ideas as values indispensable to a liberal education, teaching, and
program development;
(3)
Teachers should not take unfair advantage of the immaturity of students by
indoctrinating them with their own opinions before the students have had an
opportunity to examine other opinions;
(4)
Academic decisions, including grades, should be based solely on considerations
that are intellectually relevant to the subject matter under
consideration;
(5)
Members of the campus community who believe that they have been treated unfairly
on academic matters must have access to a clear institutional process by which
grievances can be addressed;
(6)
Political and ideological bias in hiring, promotion, and tenure is
unacceptable;
(7)
Intellectual diversity must be achieved in ways that protect such values as
academic freedom, shared governance, and academic standards;
(8)
Faculty, administrators, and the board of regents should take the initiative in
meeting the challenge of intellectual diversity;
(9)
There is a high degree of consensus on the principles set forth in 'Academic
Rights and Responsibilities,' a statement issued by the American Council on
Education on behalf of 30 higher education organizations;
(10)
Surveys revealing ideological imbalance in the classroom, evidence of
politicization, and public concern over this issue continue to mount;
and
(11)
It is the responsibility of governing boards to ensure that institutional
policies and procedures promote an open atmosphere in which a range of
viewpoints can be freely expressed for all students and faculty.
(b)
As used in this Code section, the term 'intellectual diversity' means the
foundation of a learning environment that exposes students to a variety of
political, ideological, and other perspectives.
(c)
Beginning in 2007, the board of regents shall require each institution under its
control to report annually to the General Assembly, detailing the steps that the
institution is taking to ensure intellectual diversity and the free exchange of
ideas. Such report shall address the specific measures taken by the institution
to ensure and promote intellectual diversity and academic freedom. The report
may, but is not required to, include the steps taken by the institution
to:
(1)
Conduct a study to assess the current state of intellectual diversity on its
campus;
(2)
Incorporate intellectual diversity into institutional statements, grievance
procedures, and activities on diversity;
(3)
Encourage a balanced variety of campus-wide panels and speakers and annually
publish the names of panelists and speakers;
(4)
Establish clear campus policies that ensure that hecklers or threats of violence
do not prevent speakers from speaking;
(5)
Include intellectual diversity concerns in the institution´s guidelines on
teaching and program development;
(6)
Include intellectual diversity issues in student course
evaluations;
(7)
Develop hiring, tenure, and promotion policies that protect individuals against
political viewpoint discrimination and track any reported grievances in that
regard;
(8)
Establish clear campus policies to ensure freedom of the press for students and
report any incidents of student newspaper thefts or destruction;
(9)
Establish clear campus policies to prohibit political bias in the distribution
of student fee funds;
(10)
Eliminate any speech codes that restrict freedom of speech; and
(11)
Create an institutional ombudsman on intellectual diversity.
(d)
The reports shall be distributed to the members of the General Assembly no later
than December 31 of each year.
(e)
Each reporting institution shall also post a copy of its report on its
website."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.