Introduced Version
HOUSE BILL No. 1228
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-30-5-17; IC 20-33-1.5; IC 21-41-13.
Synopsis: Education matters. 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.
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. 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. 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 (department);
or (4) a third party vendor of a school corporation, a school, or the
department; 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.) Establishes
certain requirements for a personal analysis, evaluation, or survey
collected by or shared with a third party vendor.
Effective: Upon passage; July 1, 2022.
Lindauer
January 6, 2022, read first time and referred to Committee on Education.
2022 IN 1228—LS 6807/DI 116 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1228
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 17. (a) Each school corporation shall make
4 available for inspection by the parent of a student any instructional
5 materials, including teachers' manuals, curricular materials, films or
6 other video materials, tapes, and other materials, used in connection
7 with:
8 (1) a personal analysis, an evaluation, or a survey described in
9 subsection (b); or
10 (2) instruction on human sexuality.
11 (b) This subsection does not apply to an academic test or
12 assessment. A student shall not be required to participate in a personal
13 analysis, an evaluation, or a survey that is not directly related to
14 academic instruction and that reveals or attempts to affect the student's
15 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
16 (1) political affiliations;
17 (2) religious beliefs or practices;
2022 IN 1228—LS 6807/DI 116 2
1 (3) mental or psychological conditions that may embarrass the
2 student or the student's family;
3 (4) sexual behavior or attitudes;
4 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
5 (6) critical appraisals of other individuals with whom the student
6 has a close family relationship;
7 (7) legally recognized privileged or confidential relationships,
8 including a relationship with a lawyer, minister, or physician; or
9 (8) income (except as required by law to determine eligibility for
10 participation in a program or for receiving financial assistance
11 under a program);
12 established or administered by:
13 (1) a school corporation;
14 (2) a school;
15 (3) the department; or
16 (4) a third party vendor of a school corporation, a school, or
17 the department;
18 without the prior consent of the student if the student is an adult or an
19 emancipated minor or the prior written consent of the student's parent
20 if the student is an unemancipated minor. A parental consent form for
21 a personal analysis, an evaluation, or a survey described in this
22 subsection shall accurately reflect the contents and nature of the
23 personal analysis, evaluation, or survey. The consent form must
24 indicate whether information collected by the personal analysis,
25 evaluation, or survey will be collected or shared with a third party
26 vendor of a school corporation, a school, or the department.
27 (c) Before a school may provide a student with instruction on human
28 sexuality, the school must provide the parent of the student or the
29 student, if the student is an adult or an emancipated minor, with a
30 written request for consent of instruction. A consent form provided to
31 a parent of a student or a student under this subsection must accurately
32 summarize the contents and nature of the instruction on human
33 sexuality that will be provided to the student and indicate that a parent
34 of a student or an adult or emancipated minor student has the right to
35 review and inspect all materials related to the instruction on human
36 sexuality. The written consent form may be sent in an electronic
37 format. The parent of the student or the student, if the student is an
38 adult or an emancipated minor, may return the consent form indicating
39 that the parent of the student or the adult or emancipated student:
40 (1) consents to the instruction; or
41 (2) declines instruction.
42 If a student does not participate in the instruction on human sexuality,
2022 IN 1228—LS 6807/DI 116 3
1 the school shall provide the student with alternative academic
2 instruction during the same time frame that the instruction on human
3 sexuality is provided.
4 (d) If the parent of the student or the student, if the student is an
5 adult or an emancipated minor, does not respond to the written request
6 provided by the school under subsection (c) within twenty-one (21)
7 calendar days after receiving the request under subsection (c), the
8 school shall provide the parent of the student, or the student, if the
9 student is an adult or an emancipated minor, a written notice requesting
10 that the parent of the student, or the student, if the student is an adult
11 or an emancipated minor, indicate, in a manner prescribed by the
12 school, whether the parent of the student or the adult or emancipated
13 student:
14 (1) consents to the instruction; or
15 (2) declines instruction.
16 A notice provided to a parent of a student or a student under this
17 subsection must accurately summarize the contents and nature of the
18 instruction on human sexuality that will be provided to the student and
19 indicate that a parent of a student or an adult or emancipated minor
20 student has the right to review and inspect all materials related to the
21 instruction on human sexuality. The notice may be sent in an electronic
22 format. If the school does not receive a response within ten (10) days
23 after the notice, the student will receive the instruction on human
24 sexuality unless the parent or the adult or emancipated student
25 subsequently opts out of the instruction for the student.
26 (e) In the event the department, school corporation, or school
27 enters into a contract or an agreement with a third party vendor
28 to:
29 (1) collect or share information of a personal analysis,
30 evaluation, or survey under subsection (b); or
31 (2) provide software or software tools that can be used for
32 data collection, analysis, or evaluation of a student;
33 the terms of the contract or agreement must be available for
34 inspection on the department's, school corporation's, or school's
35 Internet web site. A school corporation, school, or the department
36 may not authorize a third party vendor to act in the same capacity
37 as a school official for purposes of collecting a student's personal
38 identifiable information. Any contract or agreement entered into
39 under this section with a third party vendor shall include data
40 privacy and protection requirements to protect student
41 information including that any information collected by the third
42 party vendor is subject to 20 U.S.C. 1232h (protection of pupil
2022 IN 1228—LS 6807/DI 116 4
1 rights) and access to any student information must be limited to an
2 employee of the department, school corporation, or school that is
3 a party to the contract, unless otherwise authorized by the
4 student's parent if the student is an unemancipated minor or the
5 student if the student is an adult or an emancipated minor.
6 (e) (f) The department and the governing body shall give parents
7 and students notice of their rights under this section.
8 (f) (g) The governing body shall enforce this section.
9 SECTION 2. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 UPON PASSAGE]:
12 Chapter 1.5. Dignity and Nondiscrimination in Education
13 Sec. 1. In accordance with IC 20-33-1-1, a teacher,
14 administrator, or other employee of a school corporation or
15 charter school, shall not require or include the following concepts
16 in a course:
17 (1) That a particular race or sex is inherently superior to
18 another race or sex.
19 (2) An individual, by virtue of the individual's race or sex, is
20 inherently racist, sexist, or oppressive, whether consciously or
21 unconsciously.
22 (3) An individual should be discriminated against or receive
23 adverse treatment solely or partly because of the individual's
24 race or sex.
25 (4) Members of a particular race or sex cannot and should not
26 attempt to treat others without respect based on race or sex.
27 (5) An individual's moral character is necessarily determined
28 by the individual's race or sex.
29 (6) An individual, by virtue of the individual's race or sex,
30 bears responsibility for actions committed in the past by other
31 members of the same race or sex.
32 (7) Any individual should feel discomfort, guilt, anguish or
33 any other form of psychological distress on account of the
34 individual's race or sex.
35 (8) Meritocracy or traits such as a hard work ethic are racist
36 or sexist or were created by members of a particular race to
37 oppress members of another race.
38 Sec. 2. The state board shall adopt rules under IC 4-22-2
39 necessary to implement this chapter.
40 SECTION 3. IC 21-41-13 IS ADDED TO THE INDIANA CODE
41 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
42 UPON PASSAGE]:
2022 IN 1228—LS 6807/DI 116 5
1 Chapter 13. Dignity and Nondiscrimination in Postsecondary
2 Education
3 Sec. 1. (a) A student enrolled at a state educational institution
4 shall not be required to engage in any form of mandatory gender
5 or sexual diversity training or counseling. However, voluntary
6 counseling is not prohibited. Any orientation or requirement that
7 presents any form of race or sex stereotyping or a bias on the basis
8 of race or sex is prohibited.
9 (b) The commission shall adopt rules under IC 4-22-2 necessary
10 to implement this section.
11 SECTION 4. An emergency is declared for this act.
2022 IN 1228—LS 6807/DI 116