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Indiana House Bill HB1231

Indiana 2022 Regular Session

Indiana House Bill HB1231 Compare Versions

Only one version of the bill is available at this time.
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22 Introduced Version
33 HOUSE BILL No. 1231
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-19-5; IC 20-22.5; IC 20-26-14-8;
77 IC 20-28-5-7; IC 20-31-4.1-8.5.
88 Synopsis: Education matters. Defines "applicable school". Provides
99 that a state agency, school corporation, or applicable school, or an
1010 employee of the state agency, school corporation, or applicable school
1111 acting in an official capacity, may not direct or otherwise compel
1212 students or a school employee to personally affirm, adopt, or adhere to
1313 certain tenets relating to the individual's sex or race. Provides that a
1414 state agency, school corporation, or applicable school, or an employee
1515 of the state agency, school corporation, or applicable school acting in
1616 an official capacity, may not require an employee of the state agency,
1717 school corporation, or applicable school to engage in training,
1818 orientation, or therapy that presents any form of racial or sex
1919 stereotyping or blame on the basis of sex or race. Requires each school
2020 corporation or applicable school to adopt a policy to allow a taxpayer
2121 to observe classroom instruction at any time requested by the taxpayer.
2222 Requires, not later than July 30, 2022, and not later than June 30 each
2323 year thereafter, each applicable school to post on the applicable
2424 school's Internet web site, in a manner that is accessible by the public,
2525 certain information regarding learning materials and educational
2626 activities. Requires the department of education (department) to
2727 develop and post on the department's Internet web site a model plan for
2828 presenting the learning material or educational activity information.
2929 Establishes procedures for a petitioner to file a complaint form alleging
3030 certain violations occurred within a school corporation or applicable
3131 school. Provides that a petitioner may appeal a school corporation's or
3232 applicable school's findings to the department. Requires the department
3333 to appoint an administrative law judge to adjudicate appeals. Requires
3434 (Continued next page)
3535 Effective: July 1, 2022.
3636 Jacob, Nisly, Borders
3737 January 6, 2022, read first time and referred to Committee on Education.
3838 2022 IN 1231—LS 7129/DI 116 Digest Continued
3939 the department to issue a final order. Requires the attorney general or
4040 the attorney general's designee to review a school corporation's or
4141 applicable school's findings or the department's final order. Provides
4242 that the attorney general may assess civil penalties if the attorney
4343 general determines a violation occurred. Provides that a school
4444 corporation or applicable school may not take retaliatory action against
4545 a petitioner or an individual related to or associated with the petitioner.
4646 Repeals provisions requiring the department to develop the children's
4747 social, emotional, and behavioral health plan. Makes conforming
4848 amendments.
4949 2022 IN 1231—LS 7129/DI 1162022 IN 1231—LS 7129/DI 116 Introduced
5050 Second Regular Session of the 122nd General Assembly (2022)
5151 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5252 Constitution) is being amended, the text of the existing provision will appear in this style type,
5353 additions will appear in this style type, and deletions will appear in this style type.
5454 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5555 provision adopted), the text of the new provision will appear in this style type. Also, the
5656 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5757 a new provision to the Indiana Code or the Indiana Constitution.
5858 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5959 between statutes enacted by the 2021 Regular Session of the General Assembly.
6060 HOUSE BILL No. 1231
6161 A BILL FOR AN ACT to amend the Indiana Code concerning
6262 education.
6363 Be it enacted by the General Assembly of the State of Indiana:
6464 1 SECTION 1. IC 20-19-5 IS REPEALED [EFFECTIVE JULY 1,
6565 2 2022]. (Children's Social, Emotional, and Behavioral Health Plan).
6666 3 SECTION 2. IC 20-22.5 IS ADDED TO THE INDIANA CODE AS
6767 4 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
6868 5 2022]:
6969 6 ARTICLE 22.5. PROTECTIONS FOR STUDENTS, PARENTS,
7070 7 AND EDUCATORS
7171 8 Chapter 1. Policy and Applicability
7272 9 Sec. 1. This article applies to:
7373 10 (1) a school corporation;
7474 11 (2) a charter school;
7575 12 (3) the Indiana School for the Blind and Visually Impaired
7676 13 established by IC 20-21-2-1;
7777 14 (4) the Indiana School for the Deaf established by
7878 15 IC 20-22-2-1;
7979 2022 IN 1231—LS 7129/DI 116 2
8080 1 (5) a laboratory school established under IC 20-24.5-2; and
8181 2 (6) a state accredited nonpublic school.
8282 3 Chapter 2. Definitions
8383 4 Sec. 1. The following definitions apply throughout this article:
8484 5 (1) "Applicable school" refers to the following:
8585 6 (A) A school maintained by a school corporation.
8686 7 (B) A charter school.
8787 8 (C) A laboratory school established under IC 20-24.5-2.
8888 9 (D) The Indiana School for the Blind and Visually
8989 10 Impaired established by IC 20-21-2-1.
9090 11 (E) The Indiana School for the Deaf established by
9191 12 IC 20-22-2-1.
9292 13 (F) A state accredited nonpublic school.
9393 14 (2) "Course" means any forum where instruction or activities
9494 15 tied to the instruction are provided, including:
9595 16 (A) courses;
9696 17 (B) training;
9797 18 (C) seminars;
9898 19 (D) professional development;
9999 20 (E) lectures;
100100 21 (F) sessions;
101101 22 (G) coaching;
102102 23 (H) tutoring; and
103103 24 (I) classes.
104104 25 (3) "Educational activity" means a presentation, assembly,
105105 26 lecture, or any other educational activity or event that is:
106106 27 (A) organized or facilitated by a school corporation or
107107 28 applicable school or an employee of the school corporation
108108 29 or applicable school; and
109109 30 (B) conducted during instructional time (as defined in
110110 31 IC 20-30-2-1).
111111 32 The term does not include a student presentation.
112112 33 (4) "Educational activity presenter information" means the
113113 34 following:
114114 35 (A) The name of a presenter of an educational activity.
115115 36 (B) The name of the organization, if applicable, that the
116116 37 presenter of the educational activity represents.
117117 38 (5) "Learning material" means any material used for student
118118 39 instruction by a school corporation or school, including the
119119 40 following:
120120 41 (A) Textbooks and other printed materials.
121121 42 (B) Audiovisual materials.
122122 2022 IN 1231—LS 7129/DI 116 3
123123 1 (C) Materials in electronic or digital formats, including
124124 2 materials accessible through the Internet.
125125 3 (D) All materials to be presented or provided to students in
126126 4 connection with an educational activity.
127127 5 The term includes a lesson plan, a syllabus, and any materials
128128 6 that contain curriculum content. The term does not include an
129129 7 academic test, quiz, or scoring keys.
130130 8 Chapter 3. Prohibited Curriculum and Practices
131131 9 Sec. 1. (a) A school corporation or applicable school, or a school
132132 10 employee acting in the employee's official capacity, may not
133133 11 include or promote the following concepts as part of a course or
134134 12 educational activity, or allow teachers or other employees of the
135135 13 school corporation or applicable school to use supplemental
136136 14 instructional materials that include or promote the following
137137 15 concepts as part of any student instruction or school employee
138138 16 training or other employment requirements:
139139 17 (1) One (1) race or sex is inherently superior to another race
140140 18 or sex.
141141 19 (2) An individual, by virtue of the individual's race or sex, is
142142 20 inherently privileged, racist, sexist, or oppressive, whether
143143 21 consciously or subconsciously.
144144 22 (3) An individual should be discriminated against or receive
145145 23 adverse treatment because of the individual's race or sex.
146146 24 (4) Members of one (1) race or sex cannot and should not
147147 25 attempt to treat others without respect to race or sex.
148148 26 (5) An individual's moral character is determined by the
149149 27 individual's race or sex.
150150 28 (6) An individual, by virtue of the individual's race or sex,
151151 29 bears responsibility for actions committed in the past by other
152152 30 members of the same race or sex.
153153 31 (7) An individual should feel discomfort, guilt, or anguish or
154154 32 another form of psychological distress solely because of the
155155 33 individual's race or sex.
156156 34 (8) Meritocracy or traits such as hard work ethic are racist or
157157 35 sexist, or designed by a particular race or sex to oppress
158158 36 members of another race or sex.
159159 37 (9) Indiana or the United States was founded as a racist or
160160 38 sexist state or nation and is fundamentally or irredeemably
161161 39 racist or sexist.
162162 40 (b) A school corporation or applicable school is prohibited from
163163 41 discriminating on the basis of race or sex in the form of bias,
164164 42 stereotyping, scapegoating, classification, or categorical assignment
165165 2022 IN 1231—LS 7129/DI 116 4
166166 1 of traits, morals, values, or characteristics based solely on race or
167167 2 sex. School corporations and applicable schools are prohibited
168168 3 from engaging in race based or sex based discriminatory acts by
169169 4 using methods described in subsection (a), which result in treating
170170 5 individuals differently on the basis of race or sex or in the creation
171171 6 of a hostile environment.
172172 7 (c) A school corporation or applicable school, or a school
173173 8 employee acting in the employee's official capacity, may not
174174 9 require a school employee or student to affirm a belief in a concept
175175 10 described in subsection (a) or the multiplicity or fluidity of gender
176176 11 identities, or similar concepts, that are against the school
177177 12 employee's or student's religious or philosophical convictions.
178178 13 (d) A school corporation or applicable school may not do the
179179 14 following:
180180 15 (1) Provide, contract to provide, offer, or sponsor any course
181181 16 that includes, incorporates, or is based on practices prohibited
182182 17 under this section.
183183 18 (2) Use money, property, assets, or resources for a purpose
184184 19 that includes, incorporates, or is based on practices prohibited
185185 20 under this section.
186186 21 (3) Adopt programs or use curricular material, instructional
187187 22 material, curriculum, classroom assignments, orientation,
188188 23 interventions, or counseling that include, incorporate, or are
189189 24 based on practices prohibited under this section.
190190 25 (4) Execute a contract or agreement with an internal or
191191 26 external entity or person to provide services, training,
192192 27 professional development, or any other assistance that
193193 28 includes or incorporates practices prohibited under this
194194 29 chapter.
195195 30 (5) Receive or apply to receive money that requires, as a
196196 31 condition of receipt of the money, the adoption of a course,
197197 32 policy, curriculum, or any other instructional material that
198198 33 includes, incorporates, or is based on practices prohibited
199199 34 under this section.
200200 35 (6) Adopt diversity, equity, or inclusion plans or training for
201201 36 students or school employees that includes, incorporates, or
202202 37 is based on practices prohibited under this chapter. A
203203 38 diversity officer at a school corporation, applicable school, or
204204 39 educational program is prohibited from providing any service
205205 40 or performing any duty that includes, incorporates, or is
206206 41 based on practices prohibited under this section.
207207 42 (7) Adopt policies, including grading or admissions policies, or
208208 2022 IN 1231—LS 7129/DI 116 5
209209 1 providing any other benefit or service that applies to students
210210 2 or school employees differently on the basis of race or sex.
211211 3 This includes segregated classes, programs, training sessions,
212212 4 extracurricular activities, or affinity groups.
213213 5 (e) Notwithstanding subsection (a), this section does not prohibit
214214 6 a school corporation or applicable school from including, as part
215215 7 of a course, or from allowing teachers or other employees of the
216216 8 school corporation or applicable school to use supplemental
217217 9 instructional materials that provide the following:
218218 10 (1) The history of an ethnic group.
219219 11 (2) The impartial discussion of controversial aspects of
220220 12 history.
221221 13 (3) The impartial instruction on the historical oppression of a
222222 14 particular group of people based on race, ethnicity, class,
223223 15 nationality, religion, or geographic region.
224224 16 (4) Historical documents relevant to topics described in
225225 17 subdivisions (1) through (3).
226226 18 (f) Nothing in this section may be construed to prohibit the
227227 19 required collection or reporting of demographic data by a school
228228 20 corporation or applicable school.
229229 21 Sec. 2. (a) This section does not apply to an academic test or
230230 22 assessment.
231231 23 (b) A third party vendor who has a contract with a school
232232 24 corporation or applicable school is prohibited from providing
233233 25 instruction, conducting surveys, or providing services to any
234234 26 student or employee of the school corporation or applicable school
235235 27 that conflicts with section 1 of this chapter.
236236 28 Sec. 3. The state board, in consultation with the department,
237237 29 shall adopt rules under IC 4-22-2 to prohibit applicable schools
238238 30 from doing the following:
239239 31 (1) Promoting or advocating for student participation in a
240240 32 particular political affiliation, ideology, sectarian, or religion.
241241 33 (2) Providing or making part of any course or educational
242242 34 activity subject matter that includes instruction or evaluation
243243 35 of a student's social, emotional, and behavioral health.
244244 36 (3) Making part of a course, or awarding a grade or course
245245 37 credit for, including extra credit, a student's:
246246 38 (A) political activism, lobbying, or efforts to persuade
247247 39 members of the legislative or executive branch at the
248248 40 federal, state, or local level to take specific actions by
249249 41 direct communication; or
250250 42 (B) participation in any internship, practicum, or similar
251251 2022 IN 1231—LS 7129/DI 116 6
252252 1 activity involving social or public policy advocacy.
253253 2 (4) Introducing any controversial subject matter or current
254254 3 event germane to the subject matter being taught.
255255 4 (5) Endorsing, supporting, or engaging in any activity that
256256 5 impedes the lawful access to an applicable school by a military
257257 6 recruiter or local, state, or federal law enforcement officer.
258258 7 Chapter 4. School Transparency
259259 8 Sec. 1. (a) Subject to subsection (b), each school corporation and
260260 9 applicable school shall adopt a policy to allow any taxpayer to
261261 10 observe classroom instruction at any time requested by the
262262 11 taxpayer.
263263 12 (b) The policy described in subsection (a) may establish
264264 13 procedures to:
265265 14 (1) minimize classroom disruptions;
266266 15 (2) ensure classroom safety; and
267267 16 (3) limit the number of taxpayers who may observe a
268268 17 particular class at any particular time if the number of
269269 18 taxpayers present to observe the class exceeds five (5).
270270 19 Sec. 2. (a) This section applies to a learning material or
271271 20 educational activity to which any of the following apply:
272272 21 (1) The learning material or educational activity is or is
273273 22 intended to be assigned, distributed, or otherwise presented
274274 23 to:
275275 24 (A) a student in a course or class for which the student
276276 25 receives credit;
277277 26 (B) a student if use of the learning material or
278278 27 participation in the educational activity is required by the
279279 28 school corporation or applicable school; or
280280 29 (C) a student and at least a majority of students in a grade
281281 30 level are expected to use the learning material or
282282 31 participate in the educational activity.
283283 32 (2) The learning material is or is intended to be included in a
284284 33 defined list of learning materials from which the students are
285285 34 required to select one (1) or more of the learning materials.
286286 35 (3) The learning material or educational activity is created by:
287287 36 (A) the department;
288288 37 (B) the governing body of a school corporation or
289289 38 applicable school; or
290290 39 (C) an employee of a school corporation or applicable
291291 40 school.
292292 41 (b) Not later than July 30, 2022, and not later than June 30 each
293293 42 year thereafter, each applicable school shall post on the applicable
294294 2022 IN 1231—LS 7129/DI 116 7
295295 1 school's Internet web site, in a manner accessible by the public, the
296296 2 following:
297297 3 (1) Information concerning any learning material or
298298 4 educational activity that is or is intended to be used for
299299 5 student instruction by the applicable school in the
300300 6 immediately following school year, organized by grade level,
301301 7 teacher, and subject area. The information posted under this
302302 8 subdivision must include the following:
303303 9 (A) The title and author, organization, or Internet web site
304304 10 associated with each learning material and educational
305305 11 activity.
306306 12 (B) The full text or a copy of the learning material or
307307 13 educational activity.
308308 14 (2) The title, author, and publisher of each book, periodical,
309309 15 treatise, article, recording, software, or paper available in the
310310 16 school's library.
311311 17 (3) Any procedures or policies in effect for the documentation,
312312 18 review, or approval of learning materials or educational
313313 19 activities used for student instruction.
314314 20 (c) Each applicable school shall:
315315 21 (1) update the information described in subsection (b) at least
316316 22 one (1) time each semester; and
317317 23 (2) post a notice on the applicable school's Internet web site
318318 24 that the information has been updated and the date on which
319319 25 the information was updated.
320320 26 (d) This section may not be construed to require an applicable
321321 27 school to post learning material or information concerning an
322322 28 educational activity in a manner that would constitute an
323323 29 infringement of copyright under the federal Copyright Act (17
324324 30 U.S.C. 101 et seq.).
325325 31 (e) The department shall:
326326 32 (1) develop a model plan for presenting the information
327327 33 described in this section on an applicable school's Internet
328328 34 web site; and
329329 35 (2) post the model on the department's Internet web site.
330330 36 Sec. 3. (a) Upon request of a parent of a student enrolled in a
331331 37 school corporation or applicable school, the school corporation or
332332 38 applicable school shall make available, in the manner prescribed
333333 39 in subsection (b), for inspection to the parent of the student:
334334 40 (1) learning material for the particular student; and
335335 41 (2) educational activity presenter information for educational
336336 42 activity presenters currently scheduled for an educational
337337 2022 IN 1231—LS 7129/DI 116 8
338338 1 activity or who conducted an educational activity within
339339 2 twelve (12) months preceding the date of the request
340340 3 submitted under this subsection at the particular school that
341341 4 the student currently attends.
342342 5 (b) A school corporation or applicable school shall make the
343343 6 information described in subsection (a) available for inspection at
344344 7 the particular school that the student attends during normal school
345345 8 office hours in a manner prescribed by the school corporation or
346346 9 applicable school within five (5) business days of receipt of the
347347 10 request. In addition, the school corporation or applicable school
348348 11 may make the information available to a parent:
349349 12 (1) by posting the learning material or educational activity
350350 13 presenter information on the school corporation's or
351351 14 applicable school's Internet web site;
352352 15 (2) by providing the information to the parent of the student
353353 16 by electronic mail; or
354354 17 (3) by delivering, through regular mail or hand delivery,
355355 18 photocopies of the learning material or educational activity
356356 19 presenter information. A school corporation or applicable
357357 20 school may charge a fee under this subdivision in accordance
358358 21 with IC 5-14-3-8.
359359 22 Sec. 4. (a) On or before August 1, 2023, and each August 1
360360 23 thereafter, each school corporation or applicable school shall
361361 24 report to the department in a manner prescribed by the
362362 25 department:
363363 26 (1) the number of complaints received pertaining to learning
364364 27 materials or educational activities for the previous school
365365 28 year; and
366366 29 (2) procedures used by the school corporation or applicable
367367 30 school to protect disclosure of a student's personal identifiable
368368 31 information from disclosure by the school corporation or
369369 32 applicable school or a third party vendor who contracts with
370370 33 the school corporation or applicable school.
371371 34 (b) On or before September 1, 2023, and each September 1,
372372 35 thereafter, the department shall include the information provided
373373 36 by each school corporation and applicable school on the
374374 37 department's Internet web site.
375375 38 Sec. 5. The state board may adopt rules under IC 4-22-2 to
376376 39 implement this chapter.
377377 40 Chapter 5. Compliance
378378 41 Sec. 1. (a) The department shall develop a complaint form to be
379379 42 used by an individual to file a complaint with a school corporation
380380 2022 IN 1231—LS 7129/DI 116 9
381381 1 or applicable school in the manner described in section 2 of this
382382 2 chapter alleging a violation under this article. The complaint form
383383 3 must contain the following information:
384384 4 (1) The date of the complaint.
385385 5 (2) The date or dates that the alleged violation occurred.
386386 6 (3) A detailed description of the alleged violation.
387387 7 (4) Information necessary to enable the school corporation or
388388 8 applicable school to investigate the violation.
389389 9 (5) The option for the petitioner to provide the identification
390390 10 of witnesses the school corporation or applicable school may
391391 11 interview, if applicable.
392392 12 (b) The department shall maintain a copy of the complaint form
393393 13 on the department's Internet web site. In addition, each school
394394 14 corporation and applicable school must maintain a link to the
395395 15 complaint form on the school corporation's or applicable school's
396396 16 Internet web site.
397397 17 Sec. 2. (a) A petitioner may file a complaint form developed by
398398 18 the department under section 1 of this chapter with a school
399399 19 corporation or applicable school alleging a violation of this article.
400400 20 The school corporation or applicable school, governing body, and
401401 21 the attorney general's office shall investigate each complaint to
402402 22 determine whether a violation occurred.
403403 23 (b) Each school corporation shall designate at least one (1)
404404 24 employee to respond to complaints under this chapter. Every
405405 25 applicable school other than an applicable school that is part of a
406406 26 school corporation shall designate at least one (1) employee to
407407 27 review complaints under this chapter submitted to the particular
408408 28 applicable school. Each school corporation or applicable school
409409 29 shall include contact information including the:
410410 30 (1) name;
411411 31 (2) address;
412412 32 (3) telephone number; and
413413 33 (4) electronic mail address;
414414 34 for the designated individual on the school corporation's or
415415 35 applicable school's Internet web site.
416416 36 (c) Upon receipt of a complaint form, the school corporation or
417417 37 applicable school shall acknowledge receipt of the complaint form
418418 38 not later than three (3) business days after receipt of the complaint
419419 39 form. The school corporation or applicable school shall investigate
420420 40 the complaint within ten (10) business days after receipt of the
421421 41 complaint form and make findings that shall be sent by mail to the
422422 42 petitioner. If the school corporation or applicable school finds:
423423 2022 IN 1231—LS 7129/DI 116 10
424424 1 (1) that a violation occurred, the findings must include a
425425 2 description of how the school corporation or applicable school
426426 3 will remedy the violation; or
427427 4 (2) that a violation did not occur, the findings must include an
428428 5 explanation of the school corporation's or applicable school's
429429 6 findings.
430430 7 The school corporation or applicable school shall provide the
431431 8 petitioner notice of the petitioner's right to appeal and the deadline
432432 9 to appeal the findings under section 3 of this chapter with a copy
433433 10 of the findings mailed to the petitioner under this subsection.
434434 11 (d) Nothing in this section may be construed to require a school
435435 12 corporation or applicable school to disclose personal identifiable
436436 13 information of a student.
437437 14 (e) The school corporation or applicable school shall send a copy
438438 15 of the findings made under subsection (c) to the attorney general
439439 16 for review under section 4 of this chapter if the petitioner does not
440440 17 appeal the findings under section 3 of this chapter. The school
441441 18 corporation or applicable school shall submit a copy of the school
442442 19 corporation's or applicable school's finding to the attorney general
443443 20 not later than five (5) business days after the date required for an
444444 21 appeal to be considered timely under section 3 of this chapter.
445445 22 Sec. 3. (a) A petitioner may appeal a school corporation's or
446446 23 applicable school's findings made under section 2 of this chapter if
447447 24 the petitioner believes that the school corporation or applicable
448448 25 school has incorrectly refused to investigate a complaint form or
449449 26 the petitioner has evidence that a school corporation or applicable
450450 27 school has reached an incorrect determination under section 2 of
451451 28 this chapter. The appeal must be submitted to the department by
452452 29 the petitioner not later than thirty (30) days after the date of the
453453 30 school corporation's or applicable school's findings and notice of
454454 31 the petitioner's right to appeal were mailed to the petitioner under
455455 32 section 2 of this chapter. The appeal must be submitted to the
456456 33 department on a form prescribed by the department. The form
457457 34 shall be available on the department's Internet web site, and the
458458 35 school corporation or applicable school must maintain a link to the
459459 36 form on the school corporation's or applicable school's Internet
460460 37 web site.
461461 38 (b) The department shall send notice to the school corporation
462462 39 or applicable school of an appeal submitted under this section not
463463 40 later than three (3) business days after receipt after the appeal.
464464 41 (c) The department, using an administrative law judge
465465 42 appointed by the attorney general's office, shall conduct
466466 2022 IN 1231—LS 7129/DI 116 11
467467 1 adjudicative proceedings under this section in accordance with
468468 2 IC 4-21.5-3. The administrative law judge who shall issue a final
469469 3 order in accordance to IC 4-21.5-3-27.
470470 4 (d) If an administrative law judge determines that the school
471471 5 corporation or applicable school committed a protected right
472472 6 violation under this article, the final order may do any of the
473473 7 following:
474474 8 (1) Require the school corporation or applicable school to
475475 9 remedy the protected right violation.
476476 10 (2) Withhold state tuition support under IC 20-43 for the
477477 11 school corporation or applicable school until the protected
478478 12 right violation is remedied in accordance with the final order.
479479 13 (3) Recommend that the state board revoke the school
480480 14 corporation's or applicable school's performance based
481481 15 accreditation under IC 20-31-4.1.
482482 16 (4) Suspend or revoke a license under IC 20-28-5-7.
483483 17 (5) Include a recommendation for the attorney general to
484484 18 assess a civil penalty in accordance with section 4 of this
485485 19 chapter.
486486 20 A school corporation or applicable school shall comply with a final
487487 21 order issued by the department.
488488 22 (e) The department shall submit a copy of the department's final
489489 23 order to the attorney general not later than five (5) business days
490490 24 after the date the final order is issued.
491491 25 Sec. 4. (a) Upon receipt of either:
492492 26 (1) the findings submitted by a school corporation or
493493 27 applicable school under section 2 of this chapter; or
494494 28 (2) a final order submitted by the department under section
495495 29 3 of this chapter;
496496 30 the attorney general or the attorney general's designee shall review
497497 31 the findings of the school corporation, applicable school, or
498498 32 department. The attorney general may request additional
499499 33 information from the school corporation, applicable school, or
500500 34 department necessary to review the findings or final order.
501501 35 (b) If, after conducting the review described in subsection (a),
502502 36 the attorney general determines that a violation occurred, the
503503 37 attorney general may assess a civil penalty against the school
504504 38 corporation or applicable school in an amount determined under
505505 39 subsection (c). A civil penalty assessed under this subsection must
506506 40 be deposited in the state general fund.
507507 41 (c) The amount of a civil penalty under subsection (b) is as
508508 42 follows:
509509 2022 IN 1231—LS 7129/DI 116 12
510510 1 (1) For a first violation, at least one thousand dollars ($1,000)
511511 2 but less than five thousand dollars ($5,000) for each student
512512 3 or employee who is the subject of a violation under this
513513 4 section.
514514 5 (2) For a second violation, at least five thousand dollars
515515 6 ($5,000) but less than ten thousand dollars ($10,000) for each
516516 7 student or employee who is the subject of a violation under
517517 8 this section.
518518 9 (3) For any violation after a second violation, at least ten
519519 10 thousand dollars ($10,000) for each student or employee who
520520 11 is the subject of a violation under this section.
521521 12 Sec. 5. (a) A petitioner may bring a civil action against a school
522522 13 corporation or applicable school if the petitioner is the subject of
523523 14 a violation under this article by the school corporation or
524524 15 applicable school.
525525 16 (b) A court may award the following to a petitioner who prevails
526526 17 in a civil action under this section:
527527 18 (1) Court costs and reasonable attorney's fees.
528528 19 (2) The greater of:
529529 20 (A) actual damages resulting from the violation; or
530530 21 (B) liquidated damages in an amount of five thousand
531531 22 dollars ($5,000).
532532 23 Sec. 6. (a) A school corporation or applicable school may not
533533 24 take any retaliatory action against any petitioner, or any other
534534 25 person related to or associated with the petitioner, who exercises
535535 26 any right under this article.
536536 27 (b) A school corporation or applicable school may not take any
537537 28 retaliatory action against any petitioner, or any other person
538538 29 related to or associated with the petitioner, who files a complaint
539539 30 under this chapter.
540540 31 (c) A court may award the following to an individual who
541541 32 prevails in a civil action under this section:
542542 33 (1) Court costs and reasonable attorney's fees.
543543 34 (2) The greater of:
544544 35 (A) actual damages resulting from the violation; or
545545 36 (B) liquidated damages in an amount of five thousand
546546 37 dollars ($5,000).
547547 38 Chapter 6. Rulemaking
548548 39 Sec. 1. The state board may adopt rules under IC 4-22-2 to
549549 40 implement this article.
550550 41 SECTION 3. IC 20-26-14-8, AS AMENDED BY P.L.142-2020,
551551 42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
552552 2022 IN 1231—LS 7129/DI 116 13
553553 1 JULY 1, 2022]: Sec. 8. (a) The department shall notify the association
554554 2 of any license revocation or suspension involving a licensed teacher (as
555555 3 defined in IC 20-18-2-22) under IC 20-28-5-8 who:
556556 4 (1) has:
557557 5 (A) been convicted of an offense described in IC 20-28-5-8(c);
558558 6 or
559559 7 (B) committed misconduct described in IC 20-28-5-7(1)
560560 8 IC 20-28-5-7(a)(1) or IC 20-28-5-7(2); IC 20-28-5-7(a)(2);
561561 9 and
562562 10 (2) is also a coach accredited by the association.
563563 11 (b) A school corporation, charter high school, or nonpublic high
564564 12 school with at least one (1) employee must report to the association, in
565565 13 a manner prescribed by the association, when a nonteaching or
566566 14 volunteer coach accredited by the association has been convicted of an
567567 15 offense described in IC 20-28-5-8(c).
568568 16 (c) The association shall develop a rule, as soon as practicable, to
569569 17 suspend or revoke the coaching accreditation of a teacher who has been
570570 18 reported to the association under subsection (a) for committing
571571 19 misconduct described in IC 20-28-5-7(1) IC 20-28-5-7(a)(1) or
572572 20 IC 20-28-5-7(2). IC 20-28-5-7(a)(2).
573573 21 (d) The association shall revoke the accreditation of any coach who
574574 22 has been convicted of an offense described in IC 20-28-5-8. The
575575 23 association may, after holding a hearing on the matter, reinstate the
576576 24 accreditation of an individual whose accreditation has been revoked by
577577 25 the association if the individual's conviction has been reversed,
578578 26 vacated, or set aside on appeal.
579579 27 (e) Nothing in this section shall be construed to prohibit the
580580 28 association from revoking a coaching accreditation or otherwise
581581 29 imposing any other form of discipline for misconduct not described in
582582 30 IC 20-28-5-7(1), IC 20-28-5-7(a)(1), IC 20-28-5-7(2),
583583 31 IC 20-28-5-7(a)(2), or IC 20-28-5-8.
584584 32 (f) The:
585585 33 (1) association or its employees;
586586 34 (2) department or its employees; or
587587 35 (3) school corporation, charter high school, or nonpublic high
588588 36 school with at least one (1) employee or its employees;
589589 37 are immune from civil liability for any act done or omitted under this
590590 38 section or section 9 of this chapter unless the action constitutes gross
591591 39 negligence or willful or wanton misconduct.
592592 40 SECTION 4. IC 20-28-5-7, AS AMENDED BY P.L.43-2021,
593593 41 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
594594 42 JULY 1, 2022]: Sec. 7. (a) On the written recommendation of the
595595 2022 IN 1231—LS 7129/DI 116 14
596596 1 secretary of education, the department may suspend or revoke a license
597597 2 for:
598598 3 (1) immorality;
599599 4 (2) misconduct in office;
600600 5 (3) incompetency; or
601601 6 (4) willful neglect of duty.
602602 7 For each suspension or revocation, the department shall comply with
603603 8 IC 4-21.5-3.
604604 9 (b) A teacher, principal, or superintendent who:
605605 10 (1) willfully;
606606 11 (2) knowingly; and
607607 12 (3) without probable cause;
608608 13 makes a false claim in a complaint under IC 20-22.5-5 is considered
609609 14 to have committed misconduct in office under subsection (a).
610610 15 (c) The department shall revoke the license of a teacher,
611611 16 principal, or superintendent who is found to have:
612612 17 (1) willfully; and
613613 18 (2) knowingly;
614614 19 committed a violation under IC 20-22.5.
615615 20 SECTION 5. IC 20-31-4.1-8.5 IS ADDED TO THE INDIANA
616616 21 CODE AS A NEW SECTION TO READ AS FOLLOWS
617617 22 [EFFECTIVE JULY 1, 2022]: Sec. 8.5. The state board may revoke
618618 23 the performance based accreditation of a school corporation or
619619 24 applicable school (as defined in IC 20-22.5-2-1) after consideration
620620 25 of a final order issued by the department under IC 20-22.5-5-3.
621621 2022 IN 1231—LS 7129/DI 116