Indiana 2022 Regular Session

Indiana House Bill HB1228 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. 1228
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-30-5-17; IC 20-33-1.5; IC 21-41-13.
7	7	Synopsis: Education matters. Provides that a teacher, administrator,
8	8	or other employee of a school corporation or charter school shall not
9	9	require or make part of a course certain concepts related to race or sex.
10	10	Provides that a student enrolled at a state educational institution shall
11	11	not be required to engage in any form of mandatory gender or sexual
12	12	diversity training or counseling. Provides that any orientation or
13	13	requirement that presents any form of race or sex stereotyping or a bias
14	14	on the basis of race or sex is prohibited. Provides that a student shall
15	15	not be required to participate in a personal analysis, an evaluation, or
16	16	a survey that is established or administered by: (1) a school
17	17	corporation; (2) a school; (3) the department of education (department);
18	18	or (4) a third party vendor of a school corporation, a school, or the
19	19	department; without the prior consent of the student if the student is an
20	20	adult or an emancipated minor or the prior written consent of the
21	21	student's parent if the student is an unemancipated minor. (Current law
22	22	provides that a student shall not be required to participate in a personal
23	23	analysis, an evaluation, or a survey that is not directly related to
24	24	academic instruction and that reveals or attempts to affect the student's
25	25	attitudes, habits, traits, opinions, beliefs, or feelings concerning certain
26	26	matters without the prior consent of the student if the student is an
27	27	adult or an emancipated minor or the prior written consent of the
28	28	student's parent if the student is an unemancipated minor.) Establishes
29	29	certain requirements for a personal analysis, evaluation, or survey
30	30	collected by or shared with a third party vendor.
31	31	Effective: Upon passage; July 1, 2022.
32	32	Lindauer
33	33	January 6, 2022, read first time and referred to Committee on Education.
34	34	2022 IN 1228—LS 6807/DI 116 Introduced
35	35	Second Regular Session of the 122nd General Assembly (2022)
36	36	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
37	37	Constitution) is being amended, the text of the existing provision will appear in this style type,
38	38	additions will appear in this style type, and deletions will appear in this style type.
39	39	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
40	40	provision adopted), the text of the new provision will appear in this style type. Also, the
41	41	word NEW will appear in that style type in the introductory clause of each SECTION that adds
42	42	a new provision to the Indiana Code or the Indiana Constitution.
43	43	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
44	44	between statutes enacted by the 2021 Regular Session of the General Assembly.
45	45	HOUSE BILL No. 1228
46	46	A BILL FOR AN ACT to amend the Indiana Code concerning
47	47	education.
48	48	Be it enacted by the General Assembly of the State of Indiana:
49	49	1 SECTION 1. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
50	50	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
51	51	3 JULY 1, 2022]: Sec. 17. (a) Each school corporation shall make
52	52	4 available for inspection by the parent of a student any instructional
53	53	5 materials, including teachers' manuals, curricular materials, films or
54	54	6 other video materials, tapes, and other materials, used in connection
55	55	7 with:
56	56	8 (1) a personal analysis, an evaluation, or a survey described in
57	57	9 subsection (b); or
58	58	10 (2) instruction on human sexuality.
59	59	11 (b) This subsection does not apply to an academic test or
60	60	12 assessment. A student shall not be required to participate in a personal
61	61	13 analysis, an evaluation, or a survey that is not directly related to
62	62	14 academic instruction and that reveals or attempts to affect the student's
63	63	15 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
64	64	16 (1) political affiliations;
65	65	17 (2) religious beliefs or practices;
66	66	2022 IN 1228—LS 6807/DI 116 2
67	67	1 (3) mental or psychological conditions that may embarrass the
68	68	2 student or the student's family;
69	69	3 (4) sexual behavior or attitudes;
70	70	4 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
71	71	5 (6) critical appraisals of other individuals with whom the student
72	72	6 has a close family relationship;
73	73	7 (7) legally recognized privileged or confidential relationships,
74	74	8 including a relationship with a lawyer, minister, or physician; or
75	75	9 (8) income (except as required by law to determine eligibility for
76	76	10 participation in a program or for receiving financial assistance
77	77	11 under a program);
78	78	12 established or administered by:
79	79	13 (1) a school corporation;
80	80	14 (2) a school;
81	81	15 (3) the department; or
82	82	16 (4) a third party vendor of a school corporation, a school, or
83	83	17 the department;
84	84	18 without the prior consent of the student if the student is an adult or an
85	85	19 emancipated minor or the prior written consent of the student's parent
86	86	20 if the student is an unemancipated minor. A parental consent form for
87	87	21 a personal analysis, an evaluation, or a survey described in this
88	88	22 subsection shall accurately reflect the contents and nature of the
89	89	23 personal analysis, evaluation, or survey. The consent form must
90	90	24 indicate whether information collected by the personal analysis,
91	91	25 evaluation, or survey will be collected or shared with a third party
92	92	26 vendor of a school corporation, a school, or the department.
93	93	27 (c) Before a school may provide a student with instruction on human
94	94	28 sexuality, the school must provide the parent of the student or the
95	95	29 student, if the student is an adult or an emancipated minor, with a
96	96	30 written request for consent of instruction. A consent form provided to
97	97	31 a parent of a student or a student under this subsection must accurately
98	98	32 summarize the contents and nature of the instruction on human
99	99	33 sexuality that will be provided to the student and indicate that a parent
100	100	34 of a student or an adult or emancipated minor student has the right to
101	101	35 review and inspect all materials related to the instruction on human
102	102	36 sexuality. The written consent form may be sent in an electronic
103	103	37 format. The parent of the student or the student, if the student is an
104	104	38 adult or an emancipated minor, may return the consent form indicating
105	105	39 that the parent of the student or the adult or emancipated student:
106	106	40 (1) consents to the instruction; or
107	107	41 (2) declines instruction.
108	108	42 If a student does not participate in the instruction on human sexuality,
109	109	2022 IN 1228—LS 6807/DI 116 3
110	110	1 the school shall provide the student with alternative academic
111	111	2 instruction during the same time frame that the instruction on human
112	112	3 sexuality is provided.
113	113	4 (d) If the parent of the student or the student, if the student is an
114	114	5 adult or an emancipated minor, does not respond to the written request
115	115	6 provided by the school under subsection (c) within twenty-one (21)
116	116	7 calendar days after receiving the request under subsection (c), the
117	117	8 school shall provide the parent of the student, or the student, if the
118	118	9 student is an adult or an emancipated minor, a written notice requesting
119	119	10 that the parent of the student, or the student, if the student is an adult
120	120	11 or an emancipated minor, indicate, in a manner prescribed by the
121	121	12 school, whether the parent of the student or the adult or emancipated
122	122	13 student:
123	123	14 (1) consents to the instruction; or
124	124	15 (2) declines instruction.
125	125	16 A notice provided to a parent of a student or a student under this
126	126	17 subsection must accurately summarize the contents and nature of the
127	127	18 instruction on human sexuality that will be provided to the student and
128	128	19 indicate that a parent of a student or an adult or emancipated minor
129	129	20 student has the right to review and inspect all materials related to the
130	130	21 instruction on human sexuality. The notice may be sent in an electronic
131	131	22 format. If the school does not receive a response within ten (10) days
132	132	23 after the notice, the student will receive the instruction on human
133	133	24 sexuality unless the parent or the adult or emancipated student
134	134	25 subsequently opts out of the instruction for the student.
135	135	26 (e) In the event the department, school corporation, or school
136	136	27 enters into a contract or an agreement with a third party vendor
137	137	28 to:
138	138	29 (1) collect or share information of a personal analysis,
139	139	30 evaluation, or survey under subsection (b); or
140	140	31 (2) provide software or software tools that can be used for
141	141	32 data collection, analysis, or evaluation of a student;
142	142	33 the terms of the contract or agreement must be available for
143	143	34 inspection on the department's, school corporation's, or school's
144	144	35 Internet web site. A school corporation, school, or the department
145	145	36 may not authorize a third party vendor to act in the same capacity
146	146	37 as a school official for purposes of collecting a student's personal
147	147	38 identifiable information. Any contract or agreement entered into
148	148	39 under this section with a third party vendor shall include data
149	149	40 privacy and protection requirements to protect student
150	150	41 information including that any information collected by the third
151	151	42 party vendor is subject to 20 U.S.C. 1232h (protection of pupil
152	152	2022 IN 1228—LS 6807/DI 116 4
153	153	1 rights) and access to any student information must be limited to an
154	154	2 employee of the department, school corporation, or school that is
155	155	3 a party to the contract, unless otherwise authorized by the
156	156	4 student's parent if the student is an unemancipated minor or the
157	157	5 student if the student is an adult or an emancipated minor.
158	158	6 (e) (f) The department and the governing body shall give parents
159	159	7 and students notice of their rights under this section.
160	160	8 (f) (g) The governing body shall enforce this section.
161	161	9 SECTION 2. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
162	162	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
163	163	11 UPON PASSAGE]:
164	164	12 Chapter 1.5. Dignity and Nondiscrimination in Education
165	165	13 Sec. 1. In accordance with IC 20-33-1-1, a teacher,
166	166	14 administrator, or other employee of a school corporation or
167	167	15 charter school, shall not require or include the following concepts
168	168	16 in a course:
169	169	17 (1) That a particular race or sex is inherently superior to
170	170	18 another race or sex.
171	171	19 (2) An individual, by virtue of the individual's race or sex, is
172	172	20 inherently racist, sexist, or oppressive, whether consciously or
173	173	21 unconsciously.
174	174	22 (3) An individual should be discriminated against or receive
175	175	23 adverse treatment solely or partly because of the individual's
176	176	24 race or sex.
177	177	25 (4) Members of a particular race or sex cannot and should not
178	178	26 attempt to treat others without respect based on race or sex.
179	179	27 (5) An individual's moral character is necessarily determined
180	180	28 by the individual's race or sex.
181	181	29 (6) An individual, by virtue of the individual's race or sex,
182	182	30 bears responsibility for actions committed in the past by other
183	183	31 members of the same race or sex.
184	184	32 (7) Any individual should feel discomfort, guilt, anguish or
185	185	33 any other form of psychological distress on account of the
186	186	34 individual's race or sex.
187	187	35 (8) Meritocracy or traits such as a hard work ethic are racist
188	188	36 or sexist or were created by members of a particular race to
189	189	37 oppress members of another race.
190	190	38 Sec. 2. The state board shall adopt rules under IC 4-22-2
191	191	39 necessary to implement this chapter.
192	192	40 SECTION 3. IC 21-41-13 IS ADDED TO THE INDIANA CODE
193	193	41 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
194	194	42 UPON PASSAGE]:
195	195	2022 IN 1228—LS 6807/DI 116 5
196	196	1 Chapter 13. Dignity and Nondiscrimination in Postsecondary
197	197	2 Education
198	198	3 Sec. 1. (a) A student enrolled at a state educational institution
199	199	4 shall not be required to engage in any form of mandatory gender
200	200	5 or sexual diversity training or counseling. However, voluntary
201	201	6 counseling is not prohibited. Any orientation or requirement that
202	202	7 presents any form of race or sex stereotyping or a bias on the basis
203	203	8 of race or sex is prohibited.
204	204	9 (b) The commission shall adopt rules under IC 4-22-2 necessary
205	205	10 to implement this section.
206	206	11 SECTION 4. An emergency is declared for this act.
207	207	2022 IN 1228—LS 6807/DI 116