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 6863 NOTE PREPARED: Jan 7, 2022
BILL NUMBER: HB 1362 BILL AMENDED:
SUBJECT: Education Matters.
FIRST AUTHOR: Rep. Goodrich BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation: General Provisions: This bill provides that a school corporation or charter school
may not do the following: (1) Make available to a student who is enrolled in kindergarten through grade 5
any inappropriate sexual material. (2) Make available to a student who is enrolled in kindergarten through
grade 12 any sexually explicit material. It requires the Department of Education (DOE) to post on the DOE’s
Internet web site certain materials that assist staff in developing cultural competency for use in providing
professional development programs. It provides that: (1) a state agency, a school corporation, or a qualified
school or an employee of the state agency, school corporation, or qualified school shall not direct or
otherwise compel a school employee to personally affirm, adopt, or adhere to; (2) a state agency, school
corporation, or qualified school shall not include or promote concepts as part of a course of instruction or
in a curriculum or instructional program, or allow teachers or other employees to use supplemental
instruction materials that include or promote; or (3) teacher preparation programs shall not include or
promote as part of a course of instruction or in a curriculum or instruction program, or allow faculty or other
employees to use supplemental instructional materials that include or promote; certain tenets or concepts
regarding sex, race, ethnicity, religion, color, national origin, or political affiliation or any anti-American
ideologies. It prohibits requiring an employee of a school corporation or qualified school to engage in
training that presents certain stereotyping or blame. It also provides a duty to ensure that students are free
to express their own beliefs and viewpoints if engaged in certain activities.
Student Analysis, Evaluation, or Survey: This bill provides that, if a school corporation or public school uses
a third party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect
a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third party vendor and the school
corporation or public school may not collect or maintain the responses to or results of the analysis,
evaluation, or survey in a manner that would identify the responses or results of an individual student. It also
HB 1362 1 provides that the consent requirements for certain student personal analysis, evaluations, or surveys apply
even if the analysis, evaluation, or survey is directly related to academic instruction.
Posting Curriculum: This bill requires, not later than June 30, 2022, and not later than June 30 each year
thereafter, each public school to post on the public school's Internet web site, in a manner that is accessible
by the public, certain information regarding learning materials and educational activities. It also requires the
DOE to develop and post on the DOE’s Internet web site a model plan for presenting the learning material
or educational activity information.
Advisory Committee: This bill requires the governing body of a school corporation to: (1) create a Learning
Materials Advisory Committee comprised of parents, teachers, administrators, and community members; and
(2) establish and implement educational activities and curricular materials review, discussion, and
recommendation procedures for the committee.
Complaints: This bill also establishes a complaint process and allows for certain civil actions for violations.
Effective Date: Upon passage.
Explanation of State Expenditures: Department of Education (DOE): This bill’s requirements are within
the routine administrative functions of the DOE and should be able to be implemented with no additional
appropriations, assuming near customary agency staffing and resource levels.
As prescribed in this bill, the DOE must:
•Develop and post on their website a complaint form for individuals to use to report a violation of the
restrictions of this bill;
•Develop a model plan for schools to post information on their website regarding the school's
Curricular Materials Advisory Committee;
•Develop a model plan for schools to post the required curricular materials and activities on their
website (and may develop or procure a system to do the same);
•Post on their website all materials developed regarding cultural competency for use in providing
professional and staff development programs and ensure such materials adhere to the requirements
of this bill;
•Ensure that all current and future guidelines and methods the DOE creates regarding teacher
education and teacher training adhere to the requirements of this bill; and
•Ensure all standards, curriculum, activities, and events developed or administered adhere to the
requirements of this bill.
State Educational Institutions (SEIs): This bill requires SEIs to adhere to restrictions and guidelines for
teacher preparation programs. An individual may bring a civil action against an SEI for violating these
requirements. A court may award the individual with court costs, reasonable attorney's fees, actual damages
resulting from the violation, and declaratory or injunctive relief. Any expenditures resulting from such civil
action will depend on the actions of an SEI not complying with this bill's requirements, as well as the ruling
of the court.
Office of the Public Access Counselor: This bill allows individuals to request an advisory opinion from the
Public Access Counselor as to whether or not a school is in compliance with the curricular materials and
activities posting requirements as prescribed in this bill. This requirement is within the agency’s routine
administrative functions and should be able to be implemented with no additional appropriations, assuming
HB 1362 2 near customary agency staffing and resource levels.
Additional Information:
General Provisions: This bill defines a qualified school as:
•A school maintained by a school corporation;
•A charter school;
•A laboratory school;
•The Indiana School for the Blind and Visually Impaired; and
•The Indiana School for the Deaf.
A state agency, school corporation, qualified school, governing body of a school, SEI, or an employee of
either of these entities may not:
•Require an employee of a school or an SEI to engage in training, orientation, or therapy that violates
the restrictions prescribed in this bill; nor
•Direct or compel K-12 students, SEI students, or any employee of a school corporation, qualified
school, or an SEI to affirm specific tenets as prescribed in this bill.
An administrator, or any other employee of any state agency or a teacher preparation program may not
require an employee of the teacher preparation program to engage in training, orientation, or therapy that
presents any form of the restrictions as defined in this bill. Also, a teacher preparation program at an SEI may
not include or promote the concepts restricted in this bill.
Explanation of State Revenues: Court Fee Revenue: This bill permits an individual to bring a civil action
against a school corporation, qualified school, a state agency, or an SEI for violating the requirements of this
bill. If additional civil actions occur and court fees are collected, revenue to the state General Fund may
increase. A civil costs fee of $100 could be assessed from the defendant, 70% of which would be deposited
in the state General Fund if the case is filed in a court of record or 55% if the case is filed in a city or town
court.
In addition, some or all of the judicial salaries fee ($20), public defense administration fee ($5), court
administration fee ($5), and the judicial insurance adjustment fee ($1) are deposited into the state General
Fund. Proceeds from the automated record keeping fee ($20) are deposited into the State User Fee Fund.
Additional fees may be collected at the discretion of the judge and depending upon the particular type of
case.
Explanation of Local Expenditures: Summary: This bill's requirements represent an additional workload
[and/or expenditure] on school corporations and qualified schools outside of their routine administrative
functions, and existing staffing and resource levels, if currently being used to capacity, may be insufficient
for full implementation. The additional funds and resources required could be supplied through existing staff
and resources currently being used in another program or with new appropriations. Ultimately, the source
of funds and resources required to satisfy the requirements of this bill will depend on legislative and
administrative actions.
Civil Actions: This bill permits an individual to bring a civil action against a school corporation or qualified
school for violating the requirements of this bill. An individual prevailing in such action may be entitled to
court costs, reasonable attorney's fees, actual damages resulting from the violation, and declaratory or
injunctive relief.
HB 1362 3 Additional Information:
Complaints: Principals of qualified schools must investigate and respond to all complaints filed using the
DOE's complaint form, as well as provide remedy to a complaint as deemed necessary. Any appeal filed in
response to a principal's determination must be processed by the school's superintendent. Any appeal filed
in response to a superintendent's determination must be processed by the school's governing body. After
receiving the governing body’s decision, an individual may file a civil action as prescribed in the bill.
Posting Curriculum: Starting not later than June 30, 2022, school corporations and charter schools must
annually post on their website certain information concerning learning materials and educational activities,
as well as the ability for the parents of students to opt into or opt out of curricular materials and educational
activities as approved by the governing body of the school. If students are opted into or out of specific
materials or activities, teachers may need to modify their class assignments or lesson plans to accommodate
any differences in materials used by students and must ensure that all students still meet the required amount
of instructional time.
Advisory Committee: This bill provides that the governing body of each school corporation must create
procedures regarding: committee creation, selecting and appointing members, reviewing curricular materials,
making recommendations, and holding public meetings. A school's governing body must post the procedures
on their website, hold a public meeting regarding the procedures, then adopt or edit the procedures. The
governing body must review and consider all recommendations submitted to them by the committee. A
school’s governing body may only adopt curricular materials after reviewing recommendations from the
superintendent and the committee.
Between 40% and 60% of a committee's membership must consist of teachers and administrators of the
school, increasing the workload of these school employees. Any additional compensation paid by the school
to members of the committee will depend on local action.
Student Analysis, Evaluation, or Survey: This bill expands the criteria for when school corporations and
charter schools are required to obtain the prior written consent from a student’s parent before the school, or
any third party of the school, may provide a student with any analysis, evaluation, or survey.
General Provisions: School corporations and qualified schools may not include or promote any of the
concepts, or perform any of the acts or tasks, prohibited in this bill. Also, these schools may not do any of
the following if the action includes, incorporates, or is based on practices prohibited in this bill:
•Provide, contract to provide, offer, or sponsor any course;
•Use money, property, assets, or resources; or
•Execute a contract or agreement with an internal or external entity or person to provide services,
training, professional development, or any other assistance.
School corporations and charter schools may not make available to students any inappropriate or sexually
explicit material, as defined in this bill.
Explanation of Local Revenues: Court Fee Revenue: If additional civil actions occur and court fees are
collected, local governments would receive additional revenue from both a portion of the civil costs fee and
other fees that would be collected.
HB 1362 4 General Provisions: A school corporation or qualified school may not receive or apply to receive money that
requires, as a condition of receipt of the money, the adoption of a course, policy, curriculum, or any other
instructional material that incorporates the concepts or practices prohibited in this bill.
State Agencies Affected: Department of Education; State Board of Education; Office of the Public Access
Counselor; Indiana School for the Blind and Visually Impaired; Indiana School for the Deaf; Laboratory
schools; State educational institutions.
Local Agencies Affected: School corporations; Charter schools; Trial courts; City and town courts.
Information Sources:
Fiscal Analyst: Jason Barrett, 317-232-9809.
HB 1362 5