Indiana 2022 Regular Session

Indiana House Bill HB1040 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1040
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-21-1-2; IC 20-19-5; IC 20-20-8-8;
7	7	IC 20-22.5; IC 20-26-14-8; IC 20-28-5-7; IC 20-30; IC 20-31;
8	8	IC 20-33-13; IC 20-34; IC 34-30-28-1.
9	9	Synopsis: Education matters. Defines "qualified school". Provides that
10	10	a school corporation or qualified school is prohibited from subjecting
11	11	any student to, or making available, disseminating, or providing to any
12	12	student, any obscene matter or performance or certain matters or
13	13	performances harmful to minors. Provides that each school corporation
14	14	or qualified school shall provide for all students in grades 6 through 12
15	15	as part of required recitation concerning the system of government in
16	16	Indiana and in the United States, instruction that socialism, Marxism,
17	17	communism, totalitarianism, or similar political systems are
18	18	incompatible with and in conflict with the principles of freedom upon
19	19	which the United States was founded. Provides that a school
20	20	corporation or qualified school may not provide instruction that
21	21	socialism, Marxism, totalitarianism, or similar political systems are
22	22	compatible with the principles of freedom upon which the United
23	23	States was founded. Provides that a parent of a student or an
24	24	emancipated student who attends a school corporation or qualified
25	25	school may opt out of a face mask or face covering requirement.
26	26	Requires the department of education (department) to develop a notice
27	27	form that may be used by a parent or an emancipated student to
28	28	indicate that the parent or emancipated student opts out of the face
29	29	mask or face covering requirement. Provides that the governor, a state
30	30	agency, a local health board or local health officer, or a school
31	31	corporation or qualified school may not require a student of a school
32	32	(Continued next page)
33	33	Effective: Upon passage; January 1, 2021 (retroactive); July 1, 2022.
34	34	Prescott, Jeter, Davis, Morrison
35	35	January 4, 2022, read first time and referred to Committee on Education.
36	36	2022 IN 1040—LS 6399/DI 116 Digest Continued
37	37	corporation or qualified school to quarantine against COVID-19 or
38	38	other communicable disease if the student is asymptomatic. Provides
39	39	that the governor, a state agency, a local health board or local health
40	40	officer, or a school corporation or qualified school may not require, as
41	41	a condition for employment, enrollment, attendance, or participation in
42	42	a school corporation or qualified school or in a school extracurricular
43	43	activity, a student to be immunized against COVID-19 or other
44	44	communicable disease. Provides that, after December 31, 2020, the list
45	45	of communicable diseases that require documentation of immunity for
46	46	a student may be expanded or modified only by an act of the general
47	47	assembly. Establishes certain consent requirements regarding students.
48	48	Provides that, if the attorney general determines that a school
49	49	corporation or qualified school: (1) discloses a student education
50	50	record, or any information in a student education record; or (2) has a
51	51	student who is less than 18 years of age and is not emancipated
52	52	participate in any medical inspection, medical treatment, mental health
53	53	assessment, mental health service, psychiatric or psychological
54	54	examination or test, or psychiatric or psychological treatment without
55	55	the informed written consent of the student's parent; the attorney
56	56	general may assess a civil penalty against the school corporation,
57	57	charter school, or laboratory school. Provides that the parent of a
58	58	student or protected right petitioner may bring a civil action for certain
59	59	violations. Defines "protected right violations". Defines "protected
60	60	right petitioner". Establishes procedures for a protected right petitioner
61	61	to file a complaint form alleging a protected right violation occurred
62	62	within a school corporation or qualified school. Provides that a
63	63	protected right petitioner may appeal a school corporation's or qualified
64	64	school's findings to the department. Requires the department to appoint
65	65	an administrative law judge to adjudicate appeals. Requires the
66	66	department to issue a final order. Requires the attorney general or the
67	67	attorney general's designee to review a school corporation's or qualified
68	68	school's findings or the department's final order. Provides that the
69	69	attorney general may assess civil penalties if the attorney general
70	70	determines a protected right violation occurred. Provides that a school
71	71	corporation or qualified school may not take retaliatory action against
72	72	a protected right petitioner or an individual related to or associated with
73	73	the protected right petitioner. Provides that, if a school corporation or
74	74	qualified school uses a third party vendor in providing a personal
75	75	analysis, evaluation, or survey that reveals or attempts to affect a
76	76	student's attitudes, habits, traits, opinions, beliefs, or feelings, the third
77	77	party vendor and the school corporation or public school may not
78	78	collect or maintain the responses to or results of the analysis,
79	79	evaluation, or survey in a manner that would identify the responses or
80	80	results of an individual student. Provides that the consent requirements
81	81	for certain student personal analysis, evaluations, or surveys apply even
82	82	if the analysis, evaluation, or survey is directly related to academic
83	83	instruction. Requires, not later than June 30, 2022, and not later than
84	84	June 30 each year thereafter, each qualified school to post on the
85	85	qualified school's Internet web site, in a manner that is accessible by
86	86	the public, certain information regarding learning materials and
87	87	educational activities. Requires the department to develop and post on
88	88	the department's Internet web site a model plan for presenting the
89	89	learning material or educational activity information. Makes changes
90	90	to information that must be included on a school corporation's annual
91	91	performance report. Makes changes to information that must be
92	92	included on a school's longitudinal dashboard. Reconciles versions of
93	93	IC 10-21-1-2 that were enacted by the 2019 general assembly. Repeals
94	94	provisions requiring the department to develop the children's social,
95	95	emotional, and behavioral health plan. Makes conforming amendments.
96	96	2022 IN 1040—LS 6399/DI 1162022 IN 1040—LS 6399/DI 116 Introduced
97	97	Second Regular Session of the 122nd General Assembly (2022)
98	98	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
99	99	Constitution) is being amended, the text of the existing provision will appear in this style type,
100	100	additions will appear in this style type, and deletions will appear in this style type.
101	101	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
102	102	provision adopted), the text of the new provision will appear in this style type. Also, the
103	103	word NEW will appear in that style type in the introductory clause of each SECTION that adds
104	104	a new provision to the Indiana Code or the Indiana Constitution.
105	105	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
106	106	between statutes enacted by the 2021 Regular Session of the General Assembly.
107	107	HOUSE BILL No. 1040
108	108	A BILL FOR AN ACT to amend the Indiana Code concerning
109	109	education.
110	110	Be it enacted by the General Assembly of the State of Indiana:
111	111	1 SECTION 1. IC 10-21-1-2, AS AMENDED BY P.L.197-2019,
112	112	2 SECTION 3, AND AS AMENDED BY P.L.50-2019, SECTION 2,
113	113	3 AND AS AMENDED BY P.L.153-2019, SECTION 1, AND AS
114	114	4 AMENDED BY P.L.272-2019, SECTION 3, IS CORRECTED AND
115	115	5 AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON
116	116	6 PASSAGE]: Sec. 2. (a) The Indiana secured school fund is established
117	117	7 to provide:
118	118	8 (1) matching grants to enable school corporations, and charter
119	119	9 schools, and accredited nonpublic schools to establish programs
120	120	10 under which a school corporation, or charter school, or accredited
121	121	11 nonpublic school (or a coalition of schools) may:
122	122	12 (1) (A) employ a school resource officer, employ a law
123	123	13 enforcement officer, or enter into a contract or a memorandum
124	124	14 of understanding with a:
125	125	15 (A) (i) local law enforcement agency;
126	126	2022 IN 1040—LS 6399/DI 116 2
127	127	1 (B) (ii) private entity; or
128	128	2 (C) (iii) nonprofit corporation;
129	129	3 to employ a school resource officer or a law enforcement
130	130	4 officer;
131	131	5 (2) (B) conduct a threat assessment of the buildings within a
132	132	6 school corporation or the buildings that are operated by a
133	133	7 charter school or accredited nonpublic school; or
134	134	8 (3) (C) purchase equipment and technology to:
135	135	9 (A) (i) restrict access to school property; or
136	136	10 (B) (ii) expedite notification of first responders; or
137	137	11 (4) (D) implement a student and parent support services plan
138	138	12 as described in section 4(a)(5) of this chapter; and
139	139	13 (2) one (1) time grants to enable school corporations, charter
140	140	14 schools, and accredited nonpublic schools with the sheriff for the
141	141	15 county in which the school corporation, charter school, or
142	142	16 accredited nonpublic school is located, to provide the initial set
143	143	17 up costs for an active event warning system.
144	144	18 (b) A school corporation or charter school may use money received
145	145	19 under a matching grant for a purpose listed in subsection (a) to
146	146	20 provide a response to a threat in a manner that the school corporation
147	147	21 or charter school sees fit, including firearms training or other
148	148	22 self-defense training.
149	149	23 (b) (c) The fund shall be administered by the department of
150	150	24 homeland security.
151	151	25 (c) (d) The fund consists of:
152	152	26 (1) appropriations from the general assembly;
153	153	27 (2) grants from the Indiana safe schools fund established by
154	154	28 IC 5-2-10.1-2;
155	155	29 (3) civil penalties assessed by the attorney general under
156	156	30 IC 20-22.5-4-4 or IC 20-33-13-10;
157	157	31 (3) (4) federal grants; and
158	158	32 (4) (5) amounts deposited from any other public or private source.
159	159	33 (d) (e) The expenses of administering the fund shall be paid from
160	160	34 money in the fund.
161	161	35 (e) (f) The treasurer of state shall invest the money in the fund not
162	162	36 currently needed to meet the obligations of the fund in the same
163	163	37 manner as other public money may be invested. Interest that accrues
164	164	38 from these investments shall be deposited in the fund.
165	165	39 (f) (g) Money in the fund at the end of a state fiscal year does not
166	166	40 revert to the state general fund.
167	167	41 SECTION 2. IC 20-19-5 IS REPEALED [EFFECTIVE JULY 1,
168	168	42 2022]. (Children's Social, Emotional, and Behavioral Health Plan).
169	169	2022 IN 1040—LS 6399/DI 116 3
170	170	1 SECTION 3. IC 20-20-8-8, AS AMENDED BY P.L.215-2018(ss),
171	171	2 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	172	3 UPON PASSAGE]: Sec. 8. (a) The report must include the following
173	173	4 information:
174	174	5 (1) Student enrollment.
175	175	6 (2) Graduation rate (as defined in IC 20-26-13-6) and the
176	176	7 graduation rate excluding students that receive a graduation
177	177	8 waiver under IC 20-32-4-4 or IC 20-32-4-4.1.
178	178	9 (3) Attendance rate.
179	179	10 (4) The following test scores, including the number and
180	180	11 percentage of students meeting academic standards:
181	181	12 (A) All state standardized assessment scores.
182	182	13 (B) Scores for assessments under IC 20-32-5-21 (before its
183	183	14 expiration on July 1, 2018), if appropriate.
184	184	15 (C) For a freeway school, scores on a locally adopted
185	185	16 assessment program, if appropriate.
186	186	17 (5) Average class size.
187	187	18 (6) The school's performance category or designation of school
188	188	19 improvement assigned under IC 20-31-8.
189	189	20 (7) The number and percentage of students in the following
190	190	21 groups or programs:
191	191	22 (A) Alternative education, if offered.
192	192	23 (B) Career and technical education.
193	193	24 (C) Special education.
194	194	25 (D) High ability.
195	195	26 (E) Limited English language proficiency.
196	196	27 (F) Students receiving free or reduced price lunch under the
197	197	28 national school lunch program.
198	198	29 (G) Students in foster care.
199	199	30 (8) Advanced placement, including the following:
200	200	31 (A) For advanced placement tests, the percentage of students:
201	201	32 (i) scoring three (3), four (4), and five (5); and
202	202	33 (ii) taking the test.
203	203	34 (B) For the Scholastic Aptitude Test:
204	204	35 (i) the average test scores for all students taking the test;
205	205	36 (ii) the average test scores for students completing the
206	206	37 Indiana diploma with a Core 40 with academic honors
207	207	38 designation program; and
208	208	39 (iii) the percentage of students taking the test.
209	209	40 (9) Course completion, including the number and percentage of
210	210	41 students completing the following programs:
211	211	42 (A) Academic honors curriculum.
212	212	2022 IN 1040—LS 6399/DI 116 4
213	213	1 (B) Core 40 curriculum.
214	214	2 (C) Career and technical programs.
215	215	3 (10) The percentage of graduates considered college and career
216	216	4 ready in a manner prescribed by the state board.
217	217	5 (11) School safety, including:
218	218	6 (A) the number of students receiving suspension or expulsion
219	219	7 for the possession of alcohol, drugs, or weapons; and
220	220	8 (B) the number of incidents reported under IC 20-33-9.
221	221	9 (12) Financial information and various school cost factors
222	222	10 required to be provided to the office of management and budget
223	223	11 under IC 20-42.5-3-5.
224	224	12 (13) The number and percentage of each of the following within
225	225	13 the school corporation:
226	226	14 (A) Teachers who are certificated employees (as defined in
227	227	15 IC 20-29-2-4).
228	228	16 (B) Teachers who teach the subject area for which the teacher
229	229	17 is certified and holds a license.
230	230	18 (C) Teachers with national board certification.
231	231	19 (14) The percentage of grade 3 students reading at grade 3 level.
232	232	20 (15) The number of students expelled, including the percentage
233	233	21 of students expelled disaggregated by race, grade, gender, free or
234	234	22 reduced price lunch status, eligibility for special education, and
235	235	23 students in foster care.
236	236	24 (16) Chronic absenteeism, which includes the number of students
237	237	25 who have been absent from school for ten percent (10%) or more
238	238	26 of a school year for any reason.
239	239	27 (17) Habitual truancy, which includes the number of students who
240	240	28 have been absent ten (10) days or more from school within a
241	241	29 school year without being excused or without being absent under
242	242	30 a parental request that has been filed with the school.
243	243	31 (18) The number of students who have dropped out of school,
244	244	32 including the:
245	245	33 (A) reasons for dropping out; and
246	246	34 (B) percentage of students who have dropped out,
247	247	35 disaggregated by race, grade, gender, free or reduced price
248	248	36 lunch status, eligibility for special education, and students in
249	249	37 foster care.
250	250	38 (19) The number of out of school suspensions assigned, including
251	251	39 the percentage of students suspended disaggregated by race,
252	252	40 grade, gender, free or reduced price lunch status, eligibility for
253	253	41 special education, and students in foster care.
254	254	42 (20) The number of in school suspensions assigned, including the
255	255	2022 IN 1040—LS 6399/DI 116 5
256	256	1 percentage of students suspended disaggregated by race, grade,
257	257	2 gender, free or reduced price lunch status, eligibility for special
258	258	3 education, and students in foster care.
259	259	4 (21) The number of student work permits revoked.
260	260	5 (22) The number of students receiving an international
261	261	6 baccalaureate diploma.
262	262	7 (23) The number of:
263	263	8 (A) complaints filed under IC 20-22.5-4-2;
264	264	9 (B) complaints included under clause (A) that were
265	265	10 dismissed or not investigated;
266	266	11 (C) complaints included under clause (A) that were
267	267	12 investigated in which no protected right violation (as
268	268	13 defined in IC 20-22.5-2-6) occurred;
269	269	14 (D) complaints included under clause (A) that were
270	270	15 investigated in which a protected right violation (as
271	271	16 defined in IC 20-22.5-2-6) was found;
272	272	17 (E) disciplinary actions, other than termination, that
273	273	18 resulted from findings described in clause (D);
274	274	19 (F) disciplinary actions resulting in the termination of a
275	275	20 school employee, that resulted from findings described in
276	276	21 clause (D); and
277	277	22 (G) school employees who resigned as a result of findings
278	278	23 described in clause (D).
279	279	24 (b) Section 3(a) of this chapter does not apply to the publication of
280	280	25 information required under this subsection. This subsection applies to
281	281	26 schools, including charter schools, located in a county having a
282	282	27 consolidated city, including schools located in excluded cities (as
283	283	28 defined in IC 36-3-1-7). A separate report including the information
284	284	29 reported under subsection (a) must be:
285	285	30 (1) disaggregated by race, grade, gender, free or reduced price
286	286	31 lunch status, eligibility for special education, and students in
287	287	32 foster care; and
288	288	33 (2) made available on the Internet as provided in section 3(b) of
289	289	34 this chapter.
290	290	35 SECTION 4. IC 20-22.5 IS ADDED TO THE INDIANA CODE AS
291	291	36 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
292	292	37 PASSAGE]:
293	293	38 ARTICLE 22.5. PROTECTIONS FOR STUDENTS, PARENTS,
294	294	39 AND EDUCATORS
295	295	40 Chapter 1. Policy and Applicability
296	296	41 Sec. 1. This article applies to:
297	297	42 (1) a school corporation;
298	298	2022 IN 1040—LS 6399/DI 116 6
299	299	1 (2) a charter school;
300	300	2 (3) the Indiana School for the Blind and Visually Impaired
301	301	3 established by IC 20-21-2-1;
302	302	4 (4) the Indiana School for the Deaf established by
303	303	5 IC 20-22-2-1; and
304	304	6 (5) a laboratory school established under IC 20-24.5-2.
305	305	7 Sec. 2. The provisions of this article are severable as provided
306	306	8 in IC 1-1-1-8(b).
307	307	9 Chapter 2. Definitions
308	308	10 Sec. 1. The definitions in this chapter apply throughout this
309	309	11 article.
310	310	12 Sec. 2. "Course" means any forum where instruction or
311	311	13 activities tied to the instruction are provided, including:
312	312	14 (1) courses;
313	313	15 (2) training;
314	314	16 (3) seminars;
315	315	17 (4) professional development;
316	316	18 (5) lectures;
317	317	19 (6) sessions;
318	318	20 (7) coaching;
319	319	21 (8) tutoring; or
320	320	22 (9) classes.
321	321	23 Sec. 3. "COVID-19" has the meaning set forth in IC 16-39-11-1.
322	322	24 Sec. 4. "Face mask or face covering" means a covering for the
323	323	25 nose and mouth that is worn to reduce the spread of an infectious
324	324	26 agent or other pathogen.
325	325	27 Sec. 5. "Protected right petitioner" means:
326	326	28 (1) a parent or an emancipated student;
327	327	29 (2) a school employee;
328	328	30 (3) a member of the governing body of the school corporation
329	329	31 (or the equivalent for a charter school) for which the member
330	330	32 intends to submit a complaint under IC 20-22.5-4-2;
331	331	33 (4) a member or employee of the state board;
332	332	34 (5) the state superintendent or an employee of the
333	333	35 department; or
334	334	36 (6) an individual who resides within the attendance area of a:
335	335	37 (A) school corporation where the individual intends to
336	336	38 submit a complaint form under IC 20-22.5-4-2; or
337	337	39 (B) school corporation for a particular school described in
338	338	40 section 7(2) through 7(5) of this chapter that is physically
339	339	41 located where the individual intends to submit a complaint
340	340	42 form under IC 20-22.5-4-2.
341	341	2022 IN 1040—LS 6399/DI 116 7
342	342	1 Sec. 6. "Protected right violation" refers to a violation of any of
343	343	2 the following:
344	344	3 (1) IC 20-22.5-3.
345	345	4 (2) IC 20-30-5-4(b).
346	346	5 (3) IC 20-30-5-5.
347	347	6 (4) IC 20-30-5-6.
348	348	7 (5) IC 20-30-5-17.
349	349	8 (6) IC 20-30-17.
350	350	9 (7) IC 20-33-13.
351	351	10 Sec. 7. "Qualified school" means the following:
352	352	11 (1) A school maintained by a school corporation.
353	353	12 (2) A charter school.
354	354	13 (3) A laboratory school established under under IC 20-24.5-2.
355	355	14 (4) The Indiana School for the Blind and Visually Impaired
356	356	15 established by IC 20-21-2-1.
357	357	16 (5) The Indiana School for the Deaf established by
358	358	17 IC 20-22-2-1.
359	359	18 Chapter 3. Prohibited Curriculum and Practices
360	360	19 Sec. 1. (a) It is hereby declared to be the policy of the state of
361	361	20 Indiana to prohibit discrimination on the basis of race or sex in the
362	362	21 form of bias, stereotyping, scapegoating, classification, or
363	363	22 categorical assignment of traits, morals, values, or characteristics
364	364	23 based solely on race or sex. School corporations and qualified
365	365	24 schools are prohibited from engaging in race based or sex based
366	366	25 discriminatory acts by using methods described in subsection (b),
367	367	26 which result in treating individuals differently on the basis of race
368	368	27 or sex or in the creation of a hostile environment.
369	369	28 (b) A school corporation or qualified school may not include or
370	370	29 promote the following concepts as part of a course, or allow
371	371	30 teachers or other employees of the school corporation or qualified
372	372	31 school to use supplemental instructional materials that include or
373	373	32 promote the following concepts:
374	374	33 (1) One (1) race or sex is inherently superior to another race
375	375	34 or sex.
376	376	35 (2) An individual, by virtue of the individual's race or sex, is
377	377	36 inherently privileged, racist, sexist, or oppressive, whether
378	378	37 consciously or subconsciously.
379	379	38 (3) An individual should be discriminated against or receive
380	380	39 adverse treatment because of the individual's race or sex.
381	381	40 (4) Members of one (1) race or sex cannot and should not
382	382	41 attempt to treat others without respect to race or sex.
383	383	42 (5) An individual's moral character is determined by the
384	384	2022 IN 1040—LS 6399/DI 116 8
385	385	1 individual's race or sex.
386	386	2 (6) An individual, by virtue of the individual's race or sex,
387	387	3 bears responsibility for actions committed in the past by other
388	388	4 members of the same race or sex.
389	389	5 (7) An individual should feel discomfort, guilt, or anguish or
390	390	6 another form of psychological distress solely because of the
391	391	7 individual's race or sex.
392	392	8 (8) Meritocracy or traits such as hard work ethic are racist or
393	393	9 sexist, or designed by a particular race or sex to oppress
394	394	10 members of another race or sex.
395	395	11 (9) Indiana or the United States was founded as a racist or
396	396	12 sexist state or nation and is fundamentally or irredeemably
397	397	13 racist or sexist.
398	398	14 (c) Notwithstanding subsection (b), this section does not prohibit
399	399	15 a school corporation or qualified school from including, as part of
400	400	16 a course, or from allowing teachers or other employees of the
401	401	17 school corporation or qualified school to use supplemental
402	402	18 instructional materials that provide the following:
403	403	19 (1) The history of an ethnic group.
404	404	20 (2) The impartial discussion of controversial aspects of
405	405	21 history.
406	406	22 (3) The impartial instruction on the historical oppression of a
407	407	23 particular group of people based on race, ethnicity, class,
408	408	24 nationality, religion, or geographic region.
409	409	25 (4) Historical documents relevant to topics described in
410	410	26 subdivisions (1) through (3).
411	411	27 (d) Nothing in this section may be construed to prohibit the
412	412	28 required collection or reporting of demographic data by a school
413	413	29 corporation or qualified school.
414	414	30 Sec. 2. A school corporation or qualified school is prohibited
415	415	31 from:
416	416	32 (1) violating IC 35-49-3-3 (dissemination of matter or
417	417	33 conducting performance harmful to minors); or
418	418	34 (2) subjecting any student to, making available, disseminating,
419	419	35 or providing any student:
420	420	36 (A) any obscene matter or performance as described in
421	421	37 IC 35-49-2-1;
422	422	38 (B) any matter or performance harmful to minors as
423	423	39 described in IC 35-49-2-2; or
424	424	40 (C) any matter that violates IC 35-42-4-4 (child
425	425	41 exploitation).
426	426	42 Sec. 3. A school corporation or qualified school may not include
427	427	2022 IN 1040—LS 6399/DI 116 9
428	428	1 or promote a concept as part of a course, or allow teachers or other
429	429	2 employees of the school corporation or qualified school to promote
430	430	3 a concept that contradicts IC 20-30-5-4(b).
431	431	4 Sec. 4. (a) Notwithstanding any other law, in the event:
432	432	5 (1) that:
433	433	6 (A) the governor;
434	434	7 (B) a state agency; or
435	435	8 (C) a local health board or local health officer;
436	436	9 issues an enforcement action, order, or mandate under
437	437	10 IC 16-20-1-21 or as part of a declared disaster emergency
438	438	11 under IC 10-14-3-12; or
439	439	12 (2) a school corporation or qualified school issues an order or
440	440	13 mandate;
441	441	14 related to the COVID-19 pandemic or other communicable disease
442	442	15 that requires a student or school employee of a school corporation
443	443	16 or qualified school to wear a face mask or face covering on school
444	444	17 premises or while using school transportation, a parent of a student
445	445	18 or an emancipated student or a school employee may opt out of the
446	446	19 requirement by providing a notice to the school corporation or
447	447	20 qualified school on a form developed by the department under
448	448	21 subsection (b).
449	449	22 (b) The department shall develop a notice form, in a manner
450	450	23 prescribed by the department, to be used by a parent of a student
451	451	24 or an emancipated student described in subsection (a) who wishes
452	452	25 to opt out of a face mask or face covering requirement. The
453	453	26 department shall maintain a copy of the notice form on the
454	454	27 department's Internet web site. Each school corporation and
455	455	28 qualified school shall maintain a link to the notice form on the
456	456	29 school corporation's or qualified school's Internet web site.
457	457	30 Sec. 5. The governor or a:
458	458	31 (1) state agency;
459	459	32 (2) local health board or local health officer; or
460	460	33 (3) school corporation or qualified school;
461	461	34 may not require, as a condition for employment, enrollment,
462	462	35 attendance, or participation in a school corporation or qualified
463	463	36 school or school extracurricular activity, a student or a school
464	464	37 employee to be immunized against COVID-19 or other
465	465	38 communicable disease unless authorized by the general assembly
466	466	39 under IC 20-34-4-2(c).
467	467	40 Sec. 6. The governor or a:
468	468	41 (1) state agency;
469	469	42 (2) local health board or local health officer; or
470	470	2022 IN 1040—LS 6399/DI 116 10
471	471	1 (3) school corporation or public school;
472	472	2 may not require a student of a school corporation or qualified
473	473	3 school to quarantine against COVID-19 or other communicable
474	474	4 disease if the student is asymptomatic.
475	475	5 Sec. 7. A school corporation or qualified school may not do the
476	476	6 following:
477	477	7 (1) Provide, contract to provide, offer, or sponsor any course
478	478	8 that includes, incorporates, or is based on practices prohibited
479	479	9 under this chapter.
480	480	10 (2) Use money, property, assets, or resources for a purpose
481	481	11 that includes, incorporates, or is based on practices prohibited
482	482	12 under this chapter.
483	483	13 (3) Adopt programs or use curricular material, instructional
484	484	14 material, curriculum, classroom assignments, orientation,
485	485	15 interventions, or counseling that include, incorporate, or are
486	486	16 based on practices prohibited under this chapter.
487	487	17 (4) Execute a contract or agreement with an internal or
488	488	18 external entity or person to provide services, training,
489	489	19 professional development, or any other assistance that
490	490	20 includes or incorporates practices prohibited under this
491	491	21 chapter.
492	492	22 (5) Receive or apply to receive money that requires, as a
493	493	23 condition of receipt of the money, the adoption of a course,
494	494	24 policy, curriculum, or any other instructional material that
495	495	25 includes, incorporates, or is based on practices prohibited
496	496	26 under this chapter.
497	497	27 (6) Adopting diversity, equity, or inclusion plans or training
498	498	28 for students or school employees that includes, incorporates,
499	499	29 or is based on practices prohibited under this chapter. A
500	500	30 diversity officer at a school corporation, qualified school, or
501	501	31 educational program is prohibited from providing any service
502	502	32 or performing any duty that includes, incorporates, or is
503	503	33 based on practices prohibited under this chapter.
504	504	34 (7) Adopting policies, including grading or admissions
505	505	35 policies, or providing any other benefit or service that applies
506	506	36 to students or school employees differently on the basis of race
507	507	37 or sex. This includes segregated classes, programs, training
508	508	38 sessions, extracurricular activities, or affinity groups.
509	509	39 Sec. 8. Neither the state board nor the department may do the
510	510	40 following:
511	511	41 (1) Establish or mandate any state standard or adopt any rule
512	512	42 under IC 4-22-2 that includes, incorporates, or is based on
513	513	2022 IN 1040—LS 6399/DI 116 11
514	514	1 practices prohibited under this chapter.
515	515	2 (2) Provide:
516	516	3 (A) resources;
517	517	4 (B) instructional support; or
518	518	5 (C) courses;
519	519	6 that include, incorporate, or are based on practices prohibited
520	520	7 under this chapter. This prohibition includes executing
521	521	8 contracts or agreements with an external entity or individual
522	522	9 to provide services, courses, or any other assistance that
523	523	10 includes, incorporates, or is based on practices prohibited
524	524	11 under this chapter.
525	525	12 (3) Receive or apply to receive money that requires, as a
526	526	13 condition of receipt of the money, the adoption of programs,
527	527	14 policies, curriculum, or any other learning material that
528	528	15 includes, incorporates, or is based on practices prohibited
529	529	16 under this chapter.
530	530	17 Chapter 4. Compliance
531	531	18 Sec. 1. (a) The department shall develop a complaint form, in a
532	532	19 manner prescribed by the department, to be used by a protected
533	533	20 right petitioner to file a complaint with a school corporation or
534	534	21 qualified school in the manner described in section 2 of this chapter
535	535	22 alleging a protected right violation. The complaint form must
536	536	23 contain the following information:
537	537	24 (1) The date of the complaint.
538	538	25 (2) The date or dates that the alleged protected right violation
539	539	26 occurred.
540	540	27 (3) A detailed description of the alleged protected right
541	541	28 violation.
542	542	29 (4) Information necessary to enable the school corporation or
543	543	30 qualified school to investigate the alleged protected right
544	544	31 violation.
545	545	32 (5) The option for the protected right petitioner to provide the
546	546	33 identification of witnesses the school corporation or qualified
547	547	34 school may interview, if applicable.
548	548	35 (b) The department shall maintain a copy of the complaint form
549	549	36 on the department's Internet web site. In addition, each school
550	550	37 corporation and qualified school must maintain a link to the
551	551	38 complaint form on the school corporation's or qualified school's
552	552	39 Internet web site.
553	553	40 Sec. 2. (a) A protected right petitioner may file a complaint form
554	554	41 developed by the department under section 1 of this chapter with
555	555	42 a school corporation or qualified school alleging a violation of this
556	556	2022 IN 1040—LS 6399/DI 116 12
557	557	1 article. The school corporation or qualified school shall investigate
558	558	2 each complaint form to determine whether a violation occurred.
559	559	3 (b) Each school corporation shall designate at least one (1)
560	560	4 employee to respond to complaints under this chapter. Every
561	561	5 qualified school other than a qualified school that is part of a
562	562	6 school corporation shall designate at least one (1) employee to
563	563	7 review complaints under this chapter submitted to the particular
564	564	8 qualified school. Each school corporation or qualified school shall
565	565	9 include contact information including the:
566	566	10 (1) name;
567	567	11 (2) address;
568	568	12 (3) telephone number; and
569	569	13 (4) electronic mail address;
570	570	14 for the designated individual on the school corporation's or
571	571	15 qualified school's Internet web site.
572	572	16 (c) Upon receipt of a complaint form, the school corporation or
573	573	17 qualified school shall acknowledge receipt of the complaint form
574	574	18 not later than three (3) business days of receipt of the complaint
575	575	19 form. The school corporation or qualified school shall investigate
576	576	20 the complaint within ten (10) business days of receipt of the
577	577	21 complaint form and make findings that shall be sent by mail to the
578	578	22 protected right petitioner. If the school corporation or qualified
579	579	23 school finds:
580	580	24 (1) that a protected right violation occurred, the findings must
581	581	25 include a description of how the school corporation or
582	582	26 qualified school will remedy the protected right violation; or
583	583	27 (2) that a protected right violation did not occur, the findings
584	584	28 must include an explanation of the school corporation's or
585	585	29 qualified school's findings.
586	586	30 The school corporation or qualified school shall provide the
587	587	31 protected right petitioner notice of the protected right petitioner's
588	588	32 right to appeal and the deadline to appeal the findings under
589	589	33 section 3 of this chapter with a copy of the findings mailed to the
590	590	34 protected right petitioner under this subsection.
591	591	35 (d) Nothing in this section may be construed to require a school
592	592	36 corporation or qualified school to disclose personal identifiable
593	593	37 information of a student.
594	594	38 (e) The school corporation or qualified school shall send a copy
595	595	39 of the findings made under subsection (c) to the attorney general
596	596	40 for review under section 4 of this chapter if the protected right
597	597	41 petitioner does not appeal the findings under section 3 of this
598	598	42 chapter. The school corporation or qualified school shall submit a
599	599	2022 IN 1040—LS 6399/DI 116 13
600	600	1 copy of the school corporation's or qualified school's finding to the
601	601	2 attorney general not later than five (5) business days after the date
602	602	3 required for an appeal to be considered timely under section 3 of
603	603	4 this chapter.
604	604	5 Sec. 3. (a) A protected right petitioner may appeal a school
605	605	6 corporation's or qualified school's findings made under section 2
606	606	7 of this chapter if the protected right petitioner believes that the
607	607	8 school corporation or qualified school has incorrectly refused to
608	608	9 investigate a complaint form or the protected right petitioner has
609	609	10 evidence that a school corporation or qualified school has reached
610	610	11 an incorrect determination under section 2 of this chapter. The
611	611	12 appeal must be submitted to the department by the protected right
612	612	13 petitioner not later than thirty (30) days after the date of the school
613	613	14 corporation's or qualified school's findings and notice of the
614	614	15 protected right petitioner's right to appeal were mailed to the
615	615	16 protected right petitioner under section 2 of this chapter. The
616	616	17 appeal must be submitted to the department on a form prescribed
617	617	18 by the department. The form shall be available on the
618	618	19 department's Internet web site and the school corporation or
619	619	20 qualified school must maintain a link to the form on the school
620	620	21 corporation's or qualified school's Internet web site.
621	621	22 (b) The department shall send notice to the school corporation
622	622	23 or qualified school of an appeal submitted under this section not
623	623	24 later than three (3) business days of receipt after the appeal.
624	624	25 (c) The department shall appoint an administrative law judge
625	625	26 and conduct adjudicative proceedings under this section in
626	626	27 accordance with IC 4-21.5-3. An administrative law judge shall
627	627	28 issue a final order in accordance to IC 4-21.5-3-27.
628	628	29 (d) If an administrative law judge determines that the school
629	629	30 corporation or qualified school committed a protected right
630	630	31 violation, the final order may do any of the following:
631	631	32 (1) Require the school corporation or qualified school to
632	632	33 remedy the protected right violation.
633	633	34 (2) Withhold state tuition support under IC 20-43 for the
634	634	35 school corporation or qualified school until the protected
635	635	36 right violation is remedied in accordance with the final order.
636	636	37 (3) Recommend that the state board revoke the school
637	637	38 corporation's or qualified school's performance based
638	638	39 accreditation under IC 20-31-4.1.
639	639	40 (4) Suspend or revoke a license under IC 20-28-5-7.
640	640	41 (5) Include a recommendation for the attorney general to
641	641	42 access a civil penalty in accordance with section 4 of this
642	642	2022 IN 1040—LS 6399/DI 116 14
643	643	1 chapter.
644	644	2 A school corporation or qualified school shall comply with a final
645	645	3 order issued by the department.
646	646	4 (e) The department shall submit a copy of the department's final
647	647	5 order to the attorney general not later than five (5) business days
648	648	6 after the date the final order is issued.
649	649	7 Sec. 4. (a) Upon receipt of either:
650	650	8 (1) the findings submitted by a school corporation or qualified
651	651	9 school under section 2 of this chapter; or
652	652	10 (2) a final order submitted by the department under section
653	653	11 3 of this chapter;
654	654	12 the attorney general or the attorney general's designee shall review
655	655	13 the findings of the school corporation, qualified school, or
656	656	14 department. The attorney general may request additional
657	657	15 information from the school corporation, qualified school, or
658	658	16 department necessary to review the findings or final order.
659	659	17 (b) If, after conducting the review described in subsection (a),
660	660	18 the attorney general determines that a protected right violation
661	661	19 occurred, the attorney general may assess a civil penalty against
662	662	20 the school corporation or qualified school in an amount determined
663	663	21 under subsection (c). A civil penalty assessed under this subsection
664	664	22 must be deposited in the Indiana secured school fund established
665	665	23 by IC 10-21-1-2.
666	666	24 (c) The amount of a civil penalty under subsection (b) is as
667	667	25 follows:
668	668	26 (1) For a first violation, at least one thousand dollars ($1,000)
669	669	27 but less than five thousand dollars ($5,000) for each student
670	670	28 who is the subject of a violation under this section.
671	671	29 (2) For a second violation, at least five thousand dollars
672	672	30 ($5,000) but less than ten thousand dollars ($10,000) for each
673	673	31 student who is the subject of a violation under this section.
674	674	32 (3) For any violation after a second violation, at least ten
675	675	33 thousand dollars ($10,000) for each student who is the subject
676	676	34 of a violation under this section.
677	677	35 Sec. 5. (a) A protected right petitioner may bring a civil action
678	678	36 against a school corporation or qualified school if the protected
679	679	37 right petitioner is the subject of a protected right violation by the
680	680	38 school corporation or qualified school.
681	681	39 (b) A court may award the following to a protected right
682	682	40 petitioner who prevails in a civil action under this section:
683	683	41 (1) Court costs and reasonable attorney's fees.
684	684	42 (2) The greater of:
685	685	2022 IN 1040—LS 6399/DI 116 15
686	686	1 (A) actual damages resulting from the violation; or
687	687	2 (B) liquidated damages in an amount of five thousand
688	688	3 dollars ($5,000).
689	689	4 Sec. 6. (a) A school corporation or qualified school may not take
690	690	5 any retaliatory action against any protected right petitioner, or any
691	691	6 other person related to or associated with the protected right
692	692	7 petitioner, who exercises any right under this article.
693	693	8 (b) A school corporation or qualified school may not take any
694	694	9 retaliatory action against any protected right petitioner, or any
695	695	10 other person related to or associated with the protected right
696	696	11 petitioner, who files a complaint under this chapter.
697	697	12 (c) A court may award the following to an individual who
698	698	13 prevails in a civil action under this section:
699	699	14 (1) Court costs and reasonable attorney's fees.
700	700	15 (2) The greater of:
701	701	16 (A) actual damages resulting from the violation; or
702	702	17 (B) liquidated damages in an amount of five thousand
703	703	18 dollars ($5,000).
704	704	19 Chapter 5. Rulemaking
705	705	20 Sec. 1. The state board may adopt rules under IC 4-22-2 to
706	706	21 implement this article.
707	707	22 SECTION 5. IC 20-26-14-8, AS AMENDED BY P.L.142-2020,
708	708	23 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
709	709	24 UPON PASSAGE]: Sec. 8. (a) The department shall notify the
710	710	25 association of any license revocation or suspension involving a licensed
711	711	26 teacher (as defined in IC 20-18-2-22) under IC 20-28-5-8 who:
712	712	27 (1) has:
713	713	28 (A) been convicted of an offense described in IC 20-28-5-8(c);
714	714	29 or
715	715	30 (B) committed misconduct described in IC 20-28-5-7(1)
716	716	31 IC 20-28-5-7(a)(1) or IC 20-28-5-7(2); IC 20-28-5-7(a)(2);
717	717	32 and
718	718	33 (2) is also a coach accredited by the association.
719	719	34 (b) A school corporation, charter high school, or nonpublic high
720	720	35 school with at least one (1) employee must report to the association, in
721	721	36 a manner prescribed by the association, when a nonteaching or
722	722	37 volunteer coach accredited by the association has been convicted of an
723	723	38 offense described in IC 20-28-5-8(c).
724	724	39 (c) The association shall develop a rule, as soon as practicable, to
725	725	40 suspend or revoke the coaching accreditation of a teacher who has been
726	726	41 reported to the association under subsection (a) for committing
727	727	42 misconduct described in IC 20-28-5-7(1) IC 20-28-5-7(a)(1) or
728	728	2022 IN 1040—LS 6399/DI 116 16
729	729	1 IC 20-28-5-7(2). IC 20-28-5-7(a)(2).
730	730	2 (d) The association shall revoke the accreditation of any coach who
731	731	3 has been convicted of an offense described in IC 20-28-5-8. The
732	732	4 association may, after holding a hearing on the matter, reinstate the
733	733	5 accreditation of an individual whose accreditation has been revoked by
734	734	6 the association if the individual's conviction has been reversed,
735	735	7 vacated, or set aside on appeal.
736	736	8 (e) Nothing in this section shall be construed to prohibit the
737	737	9 association from revoking a coaching accreditation or otherwise
738	738	10 imposing any other form of discipline for misconduct not described in
739	739	11 IC 20-28-5-7(1), IC 20-28-5-7(a)(1), IC 20-28-5-7(2),
740	740	12 IC 20-28-5-7(a)(2), or IC 20-28-5-8.
741	741	13 (f) The:
742	742	14 (1) association or its employees;
743	743	15 (2) department or its employees; or
744	744	16 (3) school corporation, charter high school, or nonpublic high
745	745	17 school with at least one (1) employee or its employees;
746	746	18 are immune from civil liability for any act done or omitted under this
747	747	19 section or section 9 of this chapter unless the action constitutes gross
748	748	20 negligence or willful or wanton misconduct.
749	749	21 SECTION 6. IC 20-28-5-7, AS AMENDED BY P.L.43-2021,
750	750	22 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751	751	23 UPON PASSAGE]: Sec. 7. (a) On the written recommendation of the
752	752	24 secretary of education, the department may suspend or revoke a license
753	753	25 for:
754	754	26 (1) immorality;
755	755	27 (2) misconduct in office;
756	756	28 (3) incompetency; or
757	757	29 (4) willful neglect of duty.
758	758	30 For each suspension or revocation, the department shall comply with
759	759	31 IC 4-21.5-3.
760	760	32 (b) A teacher, principal, or superintendent who:
761	761	33 (1) willfully;
762	762	34 (2) knowingly; and
763	763	35 (3) without probable cause;
764	764	36 makes a false claim in a complaint under IC 20-22.5-4 is considered
765	765	37 to have committed misconduct in office under subsection (a).
766	766	38 (c) The department shall revoke the license of a teacher,
767	767	39 principal, or superintendent who is found to have:
768	768	40 (1) willfully; and
769	769	41 (2) knowingly;
770	770	42 committed a protected right violation (as defined in IC 20-22.5-2-6)
771	771	2022 IN 1040—LS 6399/DI 116 17
772	772	1 under IC 20-22.5-4-2, IC 20-22.5-4-3, or IC 20-22.5-4-4.
773	773	2 SECTION 7. IC 20-30-1-1, AS AMENDED BY P.L.92-2020,
774	774	3 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
775	775	4 UPON PASSAGE]: Sec. 1. Except as otherwise provided in
776	776	5 IC 20-30-5-17(c), this article applies only to the following:
777	777	6 (1) Public schools.
778	778	7 (2) State accredited nonpublic schools.
779	779	8 SECTION 8. IC 20-30-5-4, AS AMENDED BY P.L.43-2021,
780	780	9 SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
781	781	10 JULY 1, 2022]: Sec. 4. (a) Each public school and nonpublic school
782	782	11 shall provide within the two (2) weeks preceding a general election for
783	783	12 all students in grades 6 through 12 five (5) full recitation periods of
784	784	13 class discussion concerning:
785	785	14 (1) the system of government in Indiana and in the United States;
786	786	15 (2) methods of voting;
787	787	16 (3) party structures;
788	788	17 (4) election laws; and
789	789	18 (5) the responsibilities of citizen participation in government and
790	790	19 in elections.
791	791	20 (b) This subsection applies to a school corporation, qualified
792	792	21 school, or educational program described in IC 20-22.5-1-1. During
793	793	22 the discussion described in subsection (a), students must receive
794	794	23 instruction that socialism, Marxism, communism, totalitarianism,
795	795	24 or similar political systems are incompatible with and in conflict
796	796	25 with the principles of freedom upon which the United States was
797	797	26 founded. In addition, students must be instructed that if any of
798	798	27 these political systems were to replace the current form of
799	799	28 government, the government of the United States would be
800	800	29 overthrown and existing freedoms under the Constitution of the
801	801	30 United States would no longer exist. As such, socialism, Marxism,
802	802	31 communism, totalitarianism, or similar political systems are
803	803	32 detrimental to the people of the United States.
804	804	33 (b) (c) Except as provided in IC 20-32-4-13, a student may not
805	805	34 receive an Indiana diploma unless the student has completed a two (2)
806	806	35 semester course in American history.
807	807	36 (c) (d) If a public school superintendent violates this section, the
808	808	37 secretary of education shall receive and record reports of the violations.
809	809	38 The general assembly may examine these reports.
810	810	39 SECTION 9. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
811	811	40 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
812	812	41 UPON PASSAGE]: Sec. 17. (a) In addition to the requirements of
813	813	42 IC 20-30-17, each school corporation or qualified school (as defined
814	814	2022 IN 1040—LS 6399/DI 116 18
815	815	1 in IC 20-22.5-2-7) shall make available for inspection by the parent of
816	816	2 a student any instructional materials, including teachers' manuals,
817	817	3 curricular materials, films or other video materials, tapes, and other
818	818	4 materials, used in connection with:
819	819	5 (1) a personal analysis, an evaluation, or a survey described in
820	820	6 subsection (b); or
821	821	7 (2) instruction on human sexuality.
822	822	8 (b) A student shall not be required to participate in a personal
823	823	9 analysis, an evaluation, or a survey that is not directly related to
824	824	10 academic instruction and that reveals or attempts to affect the student's
825	825	11 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
826	826	12 (1) political affiliations;
827	827	13 (2) religious beliefs or practices;
828	828	14 (3) mental or psychological conditions that may embarrass the
829	829	15 student or the student's family;
830	830	16 (4) sexual behavior or attitudes;
831	831	17 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
832	832	18 (6) critical appraisals of other individuals with whom the student
833	833	19 has a close family relationship;
834	834	20 (7) legally recognized privileged or confidential relationships,
835	835	21 including a relationship with a lawyer, minister, or physician; or
836	836	22 (8) income (except as required by law to determine eligibility for
837	837	23 participation in a program or for receiving financial assistance
838	838	24 under a program);
839	839	25 without the prior written consent of the student if the student is an
840	840	26 adult or an emancipated minor or the prior written consent of the
841	841	27 student's parent if the student is an unemancipated minor. A parental
842	842	28 consent form for a personal analysis, an evaluation, or a survey
843	843	29 described in this subsection shall accurately reflect the contents and
844	844	30 nature of the personal analysis, evaluation, or survey.
845	845	31 (c) Before a school may provide a student with instruction on human
846	846	32 sexuality, the school must provide the parent of the student or the
847	847	33 student, if the student is an adult or an emancipated minor, with a
848	848	34 written request for consent of instruction. A consent form provided to
849	849	35 a parent of a student or a student under this subsection must accurately
850	850	36 summarize the contents and nature of the instruction on human
851	851	37 sexuality that will be provided to the student and indicate that a parent
852	852	38 of a student or an adult or emancipated minor student has the right to
853	853	39 review and inspect all materials related to the instruction on human
854	854	40 sexuality. The written consent form may be sent in an electronic
855	855	41 format. The parent of the student or the student, if the student is an
856	856	42 adult or an emancipated minor, may return the consent form indicating
857	857	2022 IN 1040—LS 6399/DI 116 19
858	858	1 that the parent of the student or the adult or emancipated student:
859	859	2 (1) consents to the instruction; or
860	860	3 (2) declines instruction.
861	861	4 If a student does not participate in the instruction on human sexuality,
862	862	5 the school shall provide the student with alternative academic
863	863	6 instruction during the same time frame that the instruction on human
864	864	7 sexuality is provided.
865	865	8 (d) If the parent of the student or the student, if the student is an
866	866	9 adult or an emancipated minor, does not respond to the written request
867	867	10 provided by the school under subsection (c) within twenty-one (21)
868	868	11 calendar days after receiving the request under subsection (c), the
869	869	12 school shall provide the parent of the student, or the student, if the
870	870	13 student is an adult or an emancipated minor, a written notice requesting
871	871	14 that the parent of the student, or the student, if the student is an adult
872	872	15 or an emancipated minor, indicate, in a manner prescribed by the
873	873	16 school, whether the parent of the student or the adult or emancipated
874	874	17 student:
875	875	18 (1) consents to the instruction; or
876	876	19 (2) declines instruction.
877	877	20 A notice provided to a parent of a student or a student under this
878	878	21 subsection must accurately summarize the contents and nature of the
879	879	22 instruction on human sexuality that will be provided to the student and
880	880	23 indicate that a parent of a student or an adult or emancipated minor
881	881	24 student has the right to review and inspect all materials related to the
882	882	25 instruction on human sexuality. The notice may be sent in an electronic
883	883	26 format. If the school does not receive a response within ten (10) days
884	884	27 after the notice, the student will receive the instruction on human
885	885	28 sexuality unless the parent or the adult or emancipated student
886	886	29 subsequently opts out of the instruction for the student.
887	887	30 (c) If a school corporation or qualified school (as defined in
888	888	31 IC 20-22.5-2-7) uses a third party vendor in providing a personal
889	889	32 analysis, evaluation, or survey that reveals or attempts to affect a
890	890	33 student's attitudes, habits, traits, opinions, beliefs, or feelings, the
891	891	34 third party vendor and the school corporation or qualified school
892	892	35 (as defined in IC 20-22.5-2-7) may not collect or maintain the
893	893	36 responses to or results of the analysis, evaluation, or survey in a
894	894	37 manner that would identify the responses or results of an
895	895	38 individual student.
896	896	39 (d) A qualified school (as defined in IC 20-22.5-2-7) shall obtain
897	897	40 prior informed written consent from the parent of a student who
898	898	41 is less than eighteen (18) years of age and is not emancipated or an
899	899	42 emancipated student before the student may participate in any
900	900	2022 IN 1040—LS 6399/DI 116 20
901	901	1 instruction on human sexuality, including:
902	902	2 (1) abortion;
903	903	3 (2) birth control or contraceptives;
904	904	4 (3) sexual activity;
905	905	5 (4) sexual orientation;
906	906	6 (5) transgenderism; and
907	907	7 (6) gender identity;
908	908	8 that is conducted in connection with the school corporation, the
909	909	9 qualified school (as defined in IC 20-22.5-2-7), a contractor of the
910	910	10 school corporation or qualified school (as defined in
911	911	11 IC 20-22.5-2-7), or any individual, agency, or entity to which the
912	912	12 student is referred, or that is made available to the student, by the
913	913	13 school corporation or qualified school (as defined in
914	914	14 IC 20-22.5-2-7).
915	915	15 (e) Before obtaining the prior informed written consent of a
916	916	16 parent or emancipated student as described in subsection (d), a
917	917	17 school corporation or qualified school (as defined in
918	918	18 IC 20-22.5-2-7) shall provide the parent or emancipated student
919	919	19 with informed written notice which shall accurately describe in
920	920	20 detail the contents and nature of the instruction on human
921	921	21 sexuality, including:
922	922	22 (1) the purpose of the instruction on human sexuality;
923	923	23 (2) the provider or contractor providing the instruction on
924	924	24 human sexuality; and
925	925	25 (3) the date and time when the instruction on human sexuality
926	926	26 will take place.
927	927	27 The notice must include a copy of all written materials the student
928	928	28 will be provided pertaining to the instruction on human sexuality.
929	929	29 (e) (f) The department and the governing body shall give parents
930	930	30 and students notice of their rights under this section.
931	931	31 (f) (g) The governing body shall enforce this section.
932	932	32 (h) A qualified school (as defined in IC 20-22.5-2-7) that violates
933	933	33 this section is subject to IC 20-22.5-4.
934	934	34 SECTION 10. IC 20-30-17 IS ADDED TO THE INDIANA CODE
935	935	35 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
936	936	36 UPON PASSAGE]:
937	937	37 Chapter 17. Learning Material and Educational Activity
938	938	38 Transparency
939	939	39 Sec. 1. (a) As used in this chapter, "educational activity" means
940	940	40 a presentation, assembly, lecture, or any other educational activity
941	941	41 or event that is:
942	942	42 (1) organized or facilitated by a school corporation or
943	943	2022 IN 1040—LS 6399/DI 116 21
944	944	1 qualified school or an employee of the school corporation or
945	945	2 qualified school; and
946	946	3 (2) conducted during instructional time (as defined in
947	947	4 IC 20-30-2-1).
948	948	5 (b) The term does not include a student presentation.
949	949	6 Sec. 2. As used in this chapter, "educational activity presenter
950	950	7 information" means the following:
951	951	8 (1) The name of a presenter of an educational activity.
952	952	9 (2) The name of the organization, if applicable, that the
953	953	10 presenter of the educational activity represents.
954	954	11 Sec. 3. (a) As used in this chapter, "learning material" means
955	955	12 any material used for student instruction by a school corporation
956	956	13 or qualified school, including the following:
957	957	14 (1) Textbooks and other printed materials.
958	958	15 (2) Audiovisual materials.
959	959	16 (3) Materials in electronic or digital formats, including
960	960	17 materials accessible through the Internet.
961	961	18 (4) All materials to be presented or provided to students in
962	962	19 connection with an educational activity.
963	963	20 (b) The term includes a lesson plan, a syllabus, and any
964	964	21 materials that contain curriculum content.
965	965	22 (c) The term does not include an academic test, quiz, or scoring
966	966	23 keys.
967	967	24 Sec. 4. As used in this chapter, "qualified school" has the
968	968	25 meaning set forth in IC 20-22.5-2-7.
969	969	26 Sec. 5. (a) This section applies to a learning material or
970	970	27 educational activity to which any of the following apply:
971	971	28 (1) The learning material or educational activity is or is
972	972	29 intended to be assigned, distributed, or otherwise presented
973	973	30 to:
974	974	31 (A) a student in a course or class for which the student
975	975	32 receives credit;
976	976	33 (B) a student if use of the learning material or
977	977	34 participation in the educational activity is required by the
978	978	35 school corporation or qualified school; or
979	979	36 (C) a student and at least a majority of students in a grade
980	980	37 level are expected to use the learning material or
981	981	38 participate in the educational activity.
982	982	39 (2) The learning material is or is intended to be included in a
983	983	40 defined list of learning materials from which the students are
984	984	41 required to select one (1) or more of the learning materials.
985	985	42 (3) The learning material or educational activity is created by:
986	986	2022 IN 1040—LS 6399/DI 116 22
987	987	1 (A) the department;
988	988	2 (B) the governing body of a school corporation or qualified
989	989	3 school; or
990	990	4 (C) an employee of a school corporation or qualified
991	991	5 school.
992	992	6 (b) Not later than June 30, 2022, and not later than June 30 each
993	993	7 year thereafter, each qualified school shall post on the qualified
994	994	8 school's Internet web site, in a manner accessible by the public, the
995	995	9 following:
996	996	10 (1) Information concerning any learning material or
997	997	11 educational activity that is or is intended to be used for
998	998	12 student instruction by the qualified school in the immediately
999	999	13 following school year, organized by grade level, teacher, and
1000	1000	14 subject area. The information posted under this subdivision
1001	1001	15 must include the following:
1002	1002	16 (A) The title and author, organization, or Internet web site
1003	1003	17 associated with each learning material and educational
1004	1004	18 activity.
1005	1005	19 (B) The full text or a copy of the learning material or
1006	1006	20 educational activity. A qualified school is not required to
1007	1007	21 include the full text or copy of learning material or an
1008	1008	22 educational activity under this clause if the qualified school
1009	1009	23 provides a link to an Internet web site that contains the full
1010	1010	24 text or a copy of the learning material or educational
1011	1011	25 activity.
1012	1012	26 (2) Any procedures or policies in effect for the documentation,
1013	1013	27 review, or approval of learning materials or educational
1014	1014	28 activities used for student instruction.
1015	1015	29 (c) Each qualified school shall:
1016	1016	30 (1) update the information described in subsection (b) at least
1017	1017	31 one (1) time each semester; and
1018	1018	32 (2) post a notice on the qualified school's Internet web site
1019	1019	33 that the information has been updated and the date on which
1020	1020	34 the information was updated.
1021	1021	35 (d) This section may not be construed to require a qualified
1022	1022	36 school to post learning material or information concerning an
1023	1023	37 educational activity in a manner that would constitute an
1024	1024	38 infringement of copyright under the federal Copyright Act (17
1025	1025	39 U.S.C. 101 et seq.).
1026	1026	40 (e) The department shall:
1027	1027	41 (1) develop a model plan for presenting the information
1028	1028	42 described in this section on a qualified school's Internet web
1029	1029	2022 IN 1040—LS 6399/DI 116 23
1030	1030	1 site; and
1031	1031	2 (2) post the model on the department's Internet web site.
1032	1032	3 Sec. 6. (a) Upon request of a parent of a student enrolled in a
1033	1033	4 school corporation or qualified school, the school corporation or
1034	1034	5 qualified school shall make available, in the manner prescribed in
1035	1035	6 subsection (b), for inspection to the parent of the student:
1036	1036	7 (1) learning material for the particular student; and
1037	1037	8 (2) educational activity presenter information for educational
1038	1038	9 activity presenters currently scheduled for an educational
1039	1039	10 activity or who conducted an educational activity within
1040	1040	11 twelve (12) months preceding the date of the request
1041	1041	12 submitted under this subsection at the particular school that
1042	1042	13 the student currently attends.
1043	1043	14 (b) A school corporation or qualified school shall make the
1044	1044	15 information described in subsection (a) available for inspection at
1045	1045	16 the particular school that the student attends during normal school
1046	1046	17 office hours in a manner prescribed by the school corporation or
1047	1047	18 qualified school within five (5) business days of receipt of the
1048	1048	19 request. In addition, the school corporation or qualified school may
1049	1049	20 make the information available to a parent:
1050	1050	21 (1) by posting the learning material or educational activity
1051	1051	22 presenter information on the school corporation's or qualified
1052	1052	23 school's Internet web site;
1053	1053	24 (2) by providing the information to the parent of the student
1054	1054	25 by electronic mail; or
1055	1055	26 (3) by delivering, through regular mail or hand delivery,
1056	1056	27 photocopies of the learning material or educational activity
1057	1057	28 presenter information. A school corporation or qualified
1058	1058	29 school may charge a fee under this subdivision in accordance
1059	1059	30 with IC 5-14-3-8.
1060	1060	31 Sec. 7. Every teacher who teaches a class at a school corporation
1061	1061	32 or qualified school shall provide a student's parent or an
1062	1062	33 emancipated student a syllabus for the particular class the teacher
1063	1063	34 teaches within five (5) school days of the date that students start
1064	1064	35 the school year.
1065	1065	36 Sec. 8. Within forty-five (45) days from the later of:
1066	1066	37 (1) the first student school day of the school corporation or
1067	1067	38 qualified school; or
1068	1068	39 (2) the date a student enrolls in a school corporation or
1069	1069	40 qualified school;
1070	1070	41 the school corporation or qualified school shall notify, in a manner
1071	1071	42 prescribed by the school corporation or qualified school, the
1072	1072	2022 IN 1040—LS 6399/DI 116 24
1073	1073	1 student's parent that learning materials and educational activity
1074	1074	2 presenter information are available for inspection by the parent in
1075	1075	3 the manner prescribed in section 6 of this chapter. The notification
1076	1076	4 must include a copy of this chapter.
1077	1077	5 Sec. 9. The state board may adopt rules under IC 4-22-2 to
1078	1078	6 implement this chapter.
1079	1079	7 SECTION 11. IC 20-31-4.1-8.5 IS ADDED TO THE INDIANA
1080	1080	8 CODE AS A NEW SECTION TO READ AS FOLLOWS
1081	1081	9 [EFFECTIVE UPON PASSAGE]: Sec. 8.5. The state board may
1082	1082	10 revoke the performance based accreditation of a school
1083	1083	11 corporation or qualified school (as defined in IC 20-22.5-2-7) after
1084	1084	12 consideration of a final order issued by the department under
1085	1085	13 IC 20-22.5-4-3.
1086	1086	14 SECTION 12. IC 20-31-8-5.5, AS ADDED BY P.L.211-2021,
1087	1087	15 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1088	1088	16 UPON PASSAGE]: Sec. 5.5. (a) Not later than July 1, 2024, the state
1089	1089	17 board shall do the following:
1090	1090	18 (1) Establish a compilation of longitudinal data indicating school
1091	1091	19 performance success in various selected and enumerated program
1092	1092	20 areas.
1093	1093	21 (2) Present the data described in subdivision (1) for each school
1094	1094	22 in a manner that:
1095	1095	23 (A) can be conveniently and easily accessed from a single web
1096	1096	24 page on the state board's Internet web site; and
1097	1097	25 (B) is commonly known as an Internet dashboard.
1098	1098	26 (b) The dashboard must include the following:
1099	1099	27 (1) Indicators of student performance in elementary school,
1100	1100	28 including schools for grades 6 through 8, and high school.
1101	1101	29 (2) The school's graduation rate, as applicable.
1102	1102	30 (3) The percentage of high school graduates who earned college
1103	1103	31 credit before graduating, as applicable.
1104	1104	32 (4) The pass rate of the statewide assessment program tests (as
1105	1105	33 defined in IC 20-32-2-2.3), as applicable.
1106	1106	34 (5) The growth data of the statewide assessment program tests (as
1107	1107	35 defined in IC 20-32-2-2.3), as applicable.
1108	1108	36 (6) The attendance rate.
1109	1109	37 (7) State, national, and international comparisons for the
1110	1110	38 indicators, if applicable.
1111	1111	39 (8) Information described in IC 20-20-8-8(a)(23) which shall
1112	1112	40 be updated at least every thirty (30) days.
1113	1113	41 (c) The dashboard may include any other data indicating school
1114	1114	42 performance success that the state board determines is relevant.
1115	1115	2022 IN 1040—LS 6399/DI 116 25
1116	1116	1 (d) Each school shall post on a web page maintained on the school's
1117	1117	2 Internet web site the exact same data and in a similar format as the data
1118	1118	3 presented for the school on the state board's Internet web site.
1119	1119	4 However, the school may include custom indicators on the web page
1120	1120	5 described in this subsection.
1121	1121	6 SECTION 13. IC 20-33-13 IS ADDED TO THE INDIANA CODE
1122	1122	7 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1123	1123	8 UPON PASSAGE]:
1124	1124	9 Chapter 13. Protection of Students and Privacy Rights of
1125	1125	10 Students and Families
1126	1126	11 Sec. 1. (a) Except as provided in subsection (b), as used in this
1127	1127	12 chapter, "medical inspection" means a medical inspection
1128	1128	13 conducted under IC 20-34-3-4.
1129	1129	14 (b) The term does not include:
1130	1130	15 (1) a medical inspection of the student under IC 20-34-3-4 that
1131	1131	16 is conducted in response to an emergency situation in which
1132	1132	17 time is of the essence and the student's parent is promptly
1133	1133	18 notified of the situation;
1134	1134	19 (2) an inspection conducted by a school nurse or other school
1135	1135	20 employee under IC 20-34-3-9;
1136	1136	21 (3) sickle cell anemia testing conducted under IC 20-34-3-10;
1137	1137	22 (4) lead poisoning testing conducted under IC 20-34-3-11;
1138	1138	23 (5) annual vision testing conducted under IC 20-34-3-12; or
1139	1139	24 (6) audiometer testing conducted under IC 20-34-3-14.
1140	1140	25 Sec. 2. As used in this chapter, "medical treatment" means any
1141	1141	26 medical assessment, medical treatment, medical service, or medical
1142	1142	27 referral, including:
1143	1143	28 (1) any counseling of a student about:
1144	1144	29 (A) abortion; or
1145	1145	30 (B) gender transitioning issues, including:
1146	1146	31 (i) pronoun selection;
1147	1147	32 (ii) hormone blockers; or
1148	1148	33 (iii) gender reassignment surgery; or
1149	1149	34 (2) referrals of a student to an individual, facility, or
1150	1150	35 organization that:
1151	1151	36 (A) supports or counsels in favor of or performs abortions;
1152	1152	37 (B) supports or counsels in favor of attempted gender
1153	1153	38 transitioning from one (1) sex to another sex including the
1154	1154	39 use of hormone blockers or gender reassignment surgery;
1155	1155	40 or
1156	1156	41 (C) provides hormone blockers or gender reassignment
1157	1157	42 surgery.
1158	1158	2022 IN 1040—LS 6399/DI 116 26
1159	1159	1 Sec. 3. As used in this chapter, "mental health assessment"
1160	1160	2 means providing the following in a written, digital, or electronic
1161	1161	3 format:
1162	1162	4 (1) A behavioral evaluation or survey.
1163	1163	5 (2) A personality examination or analysis.
1164	1164	6 (3) A mental health screening or survey.
1165	1165	7 (4) Any assessment regarding interest inventories that would
1166	1166	8 collect or elicit information about attitudes, habits, traits,
1167	1167	9 opinions, beliefs, feelings, or dispositions, including:
1168	1168	10 (A) multitiered systems of support;
1169	1169	11 (B) positive behavior intervention and supports;
1170	1170	12 (C) response to intervention; and
1171	1171	13 (D) universal design for learning designed to affect
1172	1172	14 behavioral, emotional, or attitudinal characteristics of an
1173	1173	15 individual or group.
1174	1174	16 (5) A social emotional screening, survey, assessment, or
1175	1175	17 evaluation.
1176	1176	18 (6) A social emotional wellness screening, survey, assessment,
1177	1177	19 or evaluation.
1178	1178	20 Sec. 4. As used in this chapter, "mental health service" means
1179	1179	21 any social, emotional, or behavioral interventions, including:
1180	1180	22 (1) multitiered systems of support;
1181	1181	23 (2) positive behavior interventions and support;
1182	1182	24 (3) response to intervention; or
1183	1183	25 (4) universal design for learning designed to affect behavioral,
1184	1184	26 emotional, or attitudinal characteristics of an individual or
1185	1185	27 group;
1186	1186	28 that are provided to a student at any time including as a result of
1187	1187	29 a mental health assessment of the student.
1188	1188	30 Sec. 5. As used in this chapter, "qualified school" has the
1189	1189	31 meaning set forth in IC 20-22.5-2-7.
1190	1190	32 Sec. 6. As used in this chapter, "psychiatric or psychological
1191	1191	33 examination or test" means a method of obtaining information,
1192	1192	34 including a group activity, that is:
1193	1193	35 (1) provided to a student at any time including an examination
1194	1194	36 or test provided as a result of a mental health assessment of
1195	1195	37 the student; and
1196	1196	38 (2) designed to elicit information about attitudes, habits,
1197	1197	39 traits, opinions, beliefs, feelings, or dispositions.
1198	1198	40 Sec. 7. As used in this chapter, "psychiatric or psychological
1199	1199	41 treatment" means an activity involving the planned, systematic use
1200	1200	42 of methods or techniques that are:
1201	1201	2022 IN 1040—LS 6399/DI 116 27
1202	1202	1 (1) provided to a student at any time including as a result of
1203	1203	2 a mental health assessment of the student; and
1204	1204	3 (2) designed to affect behavioral, emotional, or attitudinal
1205	1205	4 characteristics of an individual or group.
1206	1206	5 Sec. 8. As used in this chapter, "student education record"
1207	1207	6 means a record maintained by a school corporation or qualified
1208	1208	7 school in a digital, paper, or other format that contains
1209	1209	8 information directly related to a student that includes, but is not
1210	1210	9 limited to:
1211	1211	10 (1) personally identifiable information;
1212	1212	11 (2) medical or mental health information regarding the
1213	1213	12 student;
1214	1214	13 (3) academic information;
1215	1215	14 (4) career profile information;
1216	1216	15 (5) personality information;
1217	1217	16 (6) any disciplinary action information; and
1218	1218	17 (7) any other information gathered on the student.
1219	1219	18 Sec. 9. (a) A school corporation or qualified school shall obtain
1220	1220	19 prior informed written consent from the parent of a student who
1221	1221	20 is less than eighteen (18) years of age and is not emancipated
1222	1222	21 before:
1223	1223	22 (1) the school corporation or qualified school may share a
1224	1224	23 student's education record with a third party;
1225	1225	24 (2) the school corporation or qualified school provides access
1226	1226	25 to a student by a third party; or
1227	1227	26 (3) a student may participate in any medical inspection,
1228	1228	27 medical treatment, mental health assessment, mental health
1229	1229	28 services, psychiatric or psychological examination or test, or
1230	1230	29 psychiatric or psychological treatment that is conducted in
1231	1231	30 connection with the school corporation, the qualified school,
1232	1232	31 a contractor of the school corporation or qualified school, or
1233	1233	32 any individual, agency, or entity that the student is referred
1234	1234	33 to or made available by the school corporation or qualified
1235	1235	34 school.
1236	1236	35 (b) Before obtaining the prior informed written consent from a
1237	1237	36 parent as described in subsection (a), a school corporation or
1238	1238	37 qualified school shall provide the parent informed written notice
1239	1239	38 describing in detail the medical inspection, medical treatment,
1240	1240	39 mental health assessment, mental health services, psychiatric or
1241	1241	40 psychological examination or test, or psychiatric or psychological
1242	1242	41 treatment, including:
1243	1243	42 (1) the purpose for the assessment, examination, test,
1244	1244	2022 IN 1040—LS 6399/DI 116 28
1245	1245	1 treatment, or services;
1246	1246	2 (2) the provider or contractor providing the assessment,
1247	1247	3 examination, test, treatment, or services; and
1248	1248	4 (3) the date and time at which the assessment, examination,
1249	1249	5 test, treatment, or services will take place.
1250	1250	6 Sec. 10. (a) For purposes of this section, a student is considered
1251	1251	7 a student subject to a violation of this section if:
1252	1252	8 (1) a school corporation or qualified school:
1253	1253	9 (A) discloses a student education record or any
1254	1254	10 information in a student education record, including
1255	1255	11 providing access to a student's education record to a third
1256	1256	12 party;
1257	1257	13 (B) provided access to a student by a third party without
1258	1258	14 the informed written consent of the student's parent in
1259	1259	15 violation of this chapter; or
1260	1260	16 (C) has the student participate in any medical inspection,
1261	1261	17 medical treatment, mental health assessment, mental
1262	1262	18 health services, psychiatric or psychological examination
1263	1263	19 or test, or psychiatric or psychological treatment that is
1264	1264	20 conducted in connection with the school corporation, the
1265	1265	21 qualified school, a contractor of a school corporation or
1266	1266	22 qualified school, or any individual, agency, or entity that
1267	1267	23 the student is referred to or made available to the student
1268	1268	24 by a school corporation or qualified school without the
1269	1269	25 informed written consent of the student's parent in
1270	1270	26 violation of this chapter;
1271	1271	27 (2) a school corporation or qualified school violates
1272	1272	28 IC 20-30-5-17 regarding the student; or
1273	1273	29 (3) a school corporation or qualified school violates
1274	1274	30 IC 20-34-3-21 regarding the student.
1275	1275	31 (b) This subsection applies to a school corporation or a qualified
1276	1276	32 school. A protected right petitioner (as defined in IC 20-22.5-2-5)
1277	1277	33 may submit a complaint form in accordance with IC 20-22.5-4 with
1278	1278	34 the school corporation or qualified school.
1279	1279	35 (c) Upon receipt of findings by a school corporation or qualified
1280	1280	36 school under IC 20-22.5-4-3 or the department's final order under
1281	1281	37 IC 20-22.5-4, the attorney general shall review the findings or final
1282	1282	38 order in accordance with IC 20-22.5-4-4. If the attorney general
1283	1283	39 determines that:
1284	1284	40 (1) a school corporation or qualified school:
1285	1285	41 (A) has disclosed a student education record or any
1286	1286	42 information in a student education record, including
1287	1287	2022 IN 1040—LS 6399/DI 116 29
1288	1288	1 providing access to a student's education record to a third
1289	1289	2 party;
1290	1290	3 (B) provided access to a student by a third party without
1291	1291	4 the informed written consent of the student's parent in
1292	1292	5 violation of this chapter; or
1293	1293	6 (C) had a student participate in any medical inspection,
1294	1294	7 medical treatment, mental health assessment, mental
1295	1295	8 health services, psychiatric or psychological examination
1296	1296	9 or test, or psychiatric or psychological treatment that is
1297	1297	10 conducted in connection with the school corporation, the
1298	1298	11 qualified school, a contractor of a school corporation or
1299	1299	12 qualified school, or any individual, agency, or entity that
1300	1300	13 the student is referred to by the school corporation or
1301	1301	14 qualified school without the informed written consent of
1302	1302	15 the student's parent or emancipated student in violation of
1303	1303	16 this chapter;
1304	1304	17 (2) a school corporation, or qualified school violates
1305	1305	18 IC 20-30-5-17; or
1306	1306	19 (3) a school corporation or qualified school violates
1307	1307	20 IC 20-34-3-21;
1308	1308	21 the attorney general may assess a civil penalty against the school
1309	1309	22 corporation, charter school, or laboratory school established under
1310	1310	23 IC 20-24.5-2 in an amount determined under IC 20-22.5-4-4(c).
1311	1311	24 Sec. 11. (a) A parent of a student or emancipated student may
1312	1312	25 bring a civil action against a school corporation or qualified school
1313	1313	26 if the student is the subject of a protected right violation (as
1314	1314	27 defined by IC 20-22.5-2-6) by the school corporation or qualified
1315	1315	28 school as described in section 9(a) of this chapter.
1316	1316	29 (b) A court may award the following to an individual who
1317	1317	30 prevails under subsection (a):
1318	1318	31 (1) Court costs and reasonable attorney's fees.
1319	1319	32 (2) The greater of:
1320	1320	33 (A) actual damages resulting from the violation; or
1321	1321	34 (B) liquidated damages in an amount of five thousand
1322	1322	35 dollars ($5,000).
1323	1323	36 SECTION 14. IC 20-34-3-4, AS ADDED BY P.L.1-2005,
1324	1324	37 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1325	1325	38 UPON PASSAGE]: Sec. 4. Subject to IC 20-33-13, the governing
1326	1326	39 body of a school corporation may provide for the inspection of students
1327	1327	40 by a school physician to determine whether any child suffers from
1328	1328	41 disease, disability, decayed teeth, or other defects that may reduce the
1329	1329	42 student's efficiency or prevent the student from receiving the full
1330	1330	2022 IN 1040—LS 6399/DI 116 30
1331	1331	1 benefit of the student's school work.
1332	1332	2 SECTION 15. IC 20-34-3-21, AS AMENDED BY P.L.69-2020,
1333	1333	3 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1334	1334	4 UPON PASSAGE]: Sec. 21. (a) Each school corporation and charter
1335	1335	5 school shall enter into a memorandum of understanding with a
1336	1336	6 community mental health center established under IC 12-29-2 or a
1337	1337	7 provider certified or licensed by the state to provide appropriate and
1338	1338	8 necessary mental or behavioral health services to students. The division
1339	1339	9 of mental health and addiction shall develop a memorandum of
1340	1340	10 understanding for referral and assist school corporations and charter
1341	1341	11 schools in obtaining a memorandum of understanding with a
1342	1342	12 community mental health center or an appropriate provider.
1343	1343	13 (b) A school corporation and a charter school may not refer a
1344	1344	14 student to a mental health care provider or a community mental health
1345	1345	15 center for services unless the school corporation or charter school has
1346	1346	16 received the written consent of the student's parent or guardian.
1347	1347	17 (c) If a school corporation or charter school refers a student to a
1348	1348	18 mental health care provider, the school corporation or charter school
1349	1349	19 may note the referral in the student's cumulative record but may not
1350	1350	20 include any possible diagnosis or information concerning the student's
1351	1351	21 mental health other than any medication that the student takes for the
1352	1352	22 student's mental health. A student record that contains medical
1353	1353	23 information must be kept confidential.
1354	1354	24 (d) A school counselor or other employee of a school corporation or
1355	1355	25 a charter school may not diagnose a student as having a mental health
1356	1356	26 condition unless the individual's scope of practice includes diagnosing
1357	1357	27 a mental health condition.
1358	1358	28 (e) Before providing a referral under a memorandum of
1359	1359	29 understanding, each school corporation and charter school shall comply
1360	1360	30 with the following requirements:
1361	1361	31 (1) Develop a process for a teacher or school employee to notify
1362	1362	32 a school official to contact a student's parent if the student
1363	1363	33 demonstrates a repeated pattern of aberrant or abnormal behavior.
1364	1364	34 The parental notification process described in this subdivision
1365	1365	35 must also include that the school will hold a conference with the
1366	1366	36 student and the student's parent.
1367	1367	37 (2) Require that the conference described in subdivision (1) must
1368	1368	38 address the student's potential need for and benefit from:
1369	1369	39 (A) mental or behavioral health services; or
1370	1370	40 (B) mental or behavioral health services provided by the
1371	1371	41 community mental health center or appropriate provider that
1372	1372	42 is contracted and paid for by the school corporation or charter
1373	1373	2022 IN 1040—LS 6399/DI 116 31
1374	1374	1 school.
1375	1375	2 (3) Establish a procedure for a parent who chooses to seek
1376	1376	3 services for the student to follow that includes granting written
1377	1377	4 parental consent for the student to receive mental or behavioral
1378	1378	5 health services by a community mental health center or
1379	1379	6 appropriate provider described under subdivision (2).
1380	1380	7 (4) Ensure that a school maintains the confidentiality of any
1381	1381	8 medical records that result from a student's participation in any
1382	1382	9 treatment described in subdivision (2). The school must adopt a
1383	1383	10 policy that prohibits the school from:
1384	1384	11 (A) sharing any reports or notes resulting from the provision
1385	1385	12 of mental or behavioral health services described in
1386	1386	13 subdivision (2)(A) with other school officials; and
1387	1387	14 (B) maintaining any reports, notes, diagnosis, or appointments
1388	1388	15 that result from a student's participation in any treatment
1389	1389	16 described in subdivision (2)(A) through (2)(B) in the student's
1390	1390	17 permanent educational file.
1391	1391	18 (f) A school corporation or charter school that violates this
1392	1392	19 section is subject to IC 20-22.5-4.
1393	1393	20 SECTION 16. IC 20-34-4-2, AS AMENDED BY P.L.208-2015,
1394	1394	21 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1395	1395	22 JANUARY 1, 2021 (RETROACTIVE)]: Sec. 2. (a) Every child
1396	1396	23 residing in Indiana who is enrolled in an accredited elementary school
1397	1397	24 or high school shall be immunized as determined by the state
1398	1398	25 department of health against:
1399	1399	26 (1) diphtheria;
1400	1400	27 (2) pertussis (whooping cough);
1401	1401	28 (3) tetanus;
1402	1402	29 (4) measles;
1403	1403	30 (5) rubella;
1404	1404	31 (6) poliomyelitis;
1405	1405	32 (7) mumps;
1406	1406	33 (8) varicella;
1407	1407	34 (9) hepatitis A;
1408	1408	35 (10) hepatitis B; and
1409	1409	36 (11) meningitis.
1410	1410	37 (b) Before January 1, 2021, the state department of health may
1411	1411	38 expand or otherwise modify the list of communicable diseases that
1412	1412	39 require documentation of immunity as medical information becomes
1413	1413	40 available that would warrant the expansion or modification in the
1414	1414	41 interest of public health.
1415	1415	42 (c) After December 31, 2020, the list of communicable diseases
1416	1416	2022 IN 1040—LS 6399/DI 116 32
1417	1417	1 that require documentation of immunity may be expanded or
1418	1418	2 modified only by an act of the general assembly.
1419	1419	3 (c) (d) Before November 30 of each year, the state department of
1420	1420	4 health shall publish a two (2) year calendar of immunization
1421	1421	5 requirements and recommendations. The calendar must include:
1422	1422	6 (1) the immunization requirements for the following school year;
1423	1423	7 and
1424	1424	8 (2) recommendations for immunization requirements for the year
1425	1425	9 subsequent to the following school year.
1426	1426	10 (d) (e) The publishing time frame for the calendar described in
1427	1427	11 subsection (c) (d) does not apply in the event of an emergency as
1428	1428	12 determined by the state health commissioner.
1429	1429	13 (e) (f) The state department of health shall adopt rules under
1430	1430	14 IC 4-22-2 specifying the:
1431	1431	15 (1) required immunizations;
1432	1432	16 (2) child's age for administering each vaccine;
1433	1433	17 (3) adequately immunizing doses; and
1434	1434	18 (4) method of documentation of proof of immunity.
1435	1435	19 SECTION 17. IC 34-30-28-1, AS ADDED BY P.L.41-2014,
1436	1436	20 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1437	1437	21 UPON PASSAGE]: Sec. 1. A school, school employee, or school board
1438	1438	22 is not liable for civil damages as a result of:
1439	1439	23 (1) an injury to a child or family members of the child if the injury
1440	1440	24 is a result of a student's mental health issue that has not been
1441	1441	25 disclosed to the school by the parents or guardian; or
1442	1442	26 (2) any referrals the school made or services the school offered
1443	1443	27 concerning evaluations or treatment of the student's health,
1444	1444	28 including mental health.
1445	1445	29 However, a school, school employee, or school board is not immune
1446	1446	30 from civil liability under this section if the school, school employee,
1447	1447	31 or school board committed a violation described in IC 20-30-5-17,
1448	1448	32 IC 20-33-13, or IC 20-34-3-21 in making a medical inspection,
1449	1449	33 medical treatment, mental health assessment, mental health
1450	1450	34 services, psychiatric or psychological examination or test, or
1451	1451	35 psychiatric or psychological treatment.
1452	1452	36 SECTION 18. An emergency is declared for this act.
1453	1453	2022 IN 1040—LS 6399/DI 116