Indiana 2022 2022 Regular Session

Indiana House Bill HB1228 Introduced / Fiscal Note

Filed 01/05/2022

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6807	NOTE PREPARED: Dec 30, 2021
BILL NUMBER: HB 1228	BILL AMENDED: 
SUBJECT: Education Matters.
FIRST AUTHOR: Rep. Lindauer	BILL STATUS: As Introduced
FIRST SPONSOR: 
FUNDS AFFECTED:XGENERAL	IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: Curriculum and Training: This bill provides that a teacher, administrator, or other
employee of a school corporation or charter school shall not require or make part of a course certain concepts
related to race or sex. It provides that a student enrolled at a state educational institution shall not be required
to engage in any form of mandatory gender or sexual diversity training or counseling. It also provides that
any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race
or sex is prohibited.
Student Analysis, Evaluation, or Survey: This bill provides that a student shall not be required to participate
in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school
corporation; (2) a school; (3) the Department of Education (DOE); or (4) a third party vendor of a school
corporation, a school, or the DOE; without the prior consent of the student if the student is an adult or an
emancipated minor or the prior written consent of the student's parent if the student is an unemancipated
minor. (Current law provides that a student shall not be required to participate in a personal analysis, an
evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to
affect the student's attitudes, habits, traits, opinions, beliefs, or feelings concerning certain matters without
the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent
of the student's parent if the student is an unemancipated minor.) It also establishes certain requirements for
a personal analysis, evaluation, or survey collected by or shared with a third party vendor.
Effective Date:  Upon passage; July 1, 2022.
Explanation of State Expenditures: Curriculum and Training: This bill identifies curriculum restrictions
to which school corporations and charter schools (schools) must adhere. The State Board of Education must
HB 1228	1 adopt rules regarding these restrictions. This is within the agency’s routine administrative functions and
should be able to be implemented with no additional appropriations, assuming near customary agency
staffing and resource levels.
This bill restricts state educational institutions (SEIs) from mandating gender or sexual diversity training or
counseling for students. SEIs must also ensure that none of their orientations or requirements present any
form of race or sex stereotyping or bias. These requirements are within an SEI’s routine administrative
functions and should be able to be implemented with no additional appropriations, assuming near customary
staffing and resource levels.
Explanation of State Revenues: 
Explanation of Local Expenditures: Curriculum and Training: Schools must ensure their curricula do not
include any of the restricted concepts prescribed in this bill. Schools including any of the restricted concepts
will need to update any curricula accordingly. This requirement is within a school's routine administrative
functions and should be able to be implemented with no additional appropriations, assuming near customary
staffing and resource levels.
Student Analysis, Evaluation, or Survey: Schools must receive parental consent for all personal analyses,
evaluations, or surveys given to students (current law only requires consent when an analysis, evaluation,
or survey meets specific criteria). If schools contract with a third party vendor to collect or share information
of the analysis, evaluation, or survey, the school or the DOE must post on their website the terms of the
contract. Schools must also ensure they meet specific requirements regarding data sharing and data privacy.
These requirements are within a school’s routine administrative functions and should be able to be
implemented with no additional appropriations, assuming near customary staffing and resource levels.
Explanation of Local Revenues: 
State Agencies Affected: State Board of Education; State educational institutions.
Local Agencies Affected: School corporations; Charter schools.
Information Sources: 
Fiscal Analyst: Jason Barrett,  317-232-9809.
HB 1228	2