Indiana 2022 Regular Session

Indiana House Bill HB1362 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. 1362
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26; IC 20-28; IC 20-30; IC 20-31;
7	7	IC 20-33-1.5; IC 21-41-13.
8	8	Synopsis: Education matters. Provides that a school corporation or
9	9	charter school may not do the following: (1) Make available to a
10	10	student who is enrolled in kindergarten through grade 5 any
11	11	inappropriate sexual material. (2) Make available to a student who is
12	12	enrolled in kindergarten through grade 12 any sexually explicit
13	13	material. Provides that, if a school corporation or public school uses a
14	14	third party vendor in providing a personal analysis, evaluation, or
15	15	survey that reveals or attempts to affect a student's attitudes, habits,
16	16	traits, opinions, beliefs, or feelings, the third party vendor and the
17	17	school corporation or public school may not collect or maintain the
18	18	responses to or results of the analysis, evaluation, or survey in a manner
19	19	that would identify the responses or results of an individual student.
20	20	Provides that the consent requirements for certain student personal
21	21	analysis, evaluations, or surveys apply even if the analysis, evaluation,
22	22	or survey is directly related to academic instruction. Requires, not later
23	23	than June 30, 2022, and not later than June 30 each year thereafter,
24	24	each public school to post on the public school's Internet web site, in
25	25	a manner that is accessible by the public, certain information regarding
26	26	learning materials and educational activities. Requires the department
27	27	of education (department) to develop and post on the department's
28	28	Internet web site a model plan for presenting the learning material or
29	29	educational activity information. Requires the governing body of a
30	30	school corporation to: (1) create a learning materials advisory
31	31	committee (committee) comprised of parents, teachers, administrators,
32	32	and community members; and (2) establish and implement educational
33	33	activities and curricular materials review, discussion, and
34	34	recommendation procedures for the committee.
35	35	(Continued next page)
36	36	Effective: Upon passage.
37	37	Goodrich, Behning, Prescott
38	38	January 11, 2022, read first time and referred to Committee on Education.
39	39	2022 IN 1362—LS 6863/DI 110 Digest Continued
40	40	Requires the department to post on the department's Internet web site
41	41	certain materials that assist staff in developing cultural competency for
42	42	use in providing professional development programs. Provides that: (1)
43	43	a state agency, a school corporation, or a qualified school or an
44	44	employee of the state agency, school corporation, or qualified school
45	45	shall not direct or otherwise compel a school employee to personally
46	46	affirm, adopt, or adhere to; (2) a state agency, school corporation, or
47	47	qualified school shall not include or promote concepts as part of a
48	48	course of instruction or in a curriculum or instructional program, or
49	49	allow teachers or other employees to use supplemental instruction
50	50	materials that include or promote; or (3) teacher preparation programs
51	51	shall not include or promote as part of a course of instruction or in a
52	52	curriculum or instruction program, or allow faculty or other employees
53	53	to use supplemental instructional materials that include or promote;
54	54	certain tenets or concepts regarding sex, race, ethnicity, religion, color,
55	55	national origin, or political affiliation or any anti-American ideologies.
56	56	Prohibits requiring an employee of a school corporation or qualified
57	57	school to engage in training that presents certain stereotyping or blame.
58	58	Provides a duty to ensure that students are free to express their own
59	59	beliefs and viewpoints if engaged in certain activities. Establishes a
60	60	complaint process and allows for certain civil actions for violations.
61	61	2022 IN 1362—LS 6863/DI 1102022 IN 1362—LS 6863/DI 110 Introduced
62	62	Second Regular Session of the 122nd General Assembly (2022)
63	63	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
64	64	Constitution) is being amended, the text of the existing provision will appear in this style type,
65	65	additions will appear in this style type, and deletions will appear in this style type.
66	66	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
67	67	provision adopted), the text of the new provision will appear in this style type. Also, the
68	68	word NEW will appear in that style type in the introductory clause of each SECTION that adds
69	69	a new provision to the Indiana Code or the Indiana Constitution.
70	70	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
71	71	between statutes enacted by the 2021 Regular Session of the General Assembly.
72	72	HOUSE BILL No. 1362
73	73	A BILL FOR AN ACT to amend the Indiana Code concerning
74	74	education.
75	75	Be it enacted by the General Assembly of the State of Indiana:
76	76	1 SECTION 1. IC 20-26-5-42 IS ADDED TO THE INDIANA CODE
77	77	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
78	78	3 UPON PASSAGE]: Sec. 42. (a) This section does not apply to
79	79	4 materials used in a classroom for academic instruction on human
80	80	5 sexuality.
81	81	6 (b) As used in this section, "inappropriate sexual material"
82	82	7 means a book, magazine, video or audio recording, or any other
83	83	8 written, video, audio, or pictorial material that describes, in any
84	84	9 form, nudity (as defined IC 35-49-1-5), sexual conduct, sexual
85	85	10 excitement, or sado-masochistic abuse.
86	86	11 (c) As used in this section, "sexually explicit material" means a
87	87	12 book, magazine, video or audio recording, or any other written,
88	88	13 video, audio, or pictorial material that:
89	89	14 (1) is harmful to minors (as described in IC 35-49-2-2); or
90	90	15 (2) was created with the intent to arouse or satisfy the sexual
91	91	2022 IN 1362—LS 6863/DI 110 2
92	92	1 desires of any person.
93	93	2 (d) A school corporation or charter school may not do the
94	94	3 following:
95	95	4 (1) Make available to a student who is enrolled in
96	96	5 kindergarten through grade 5 any inappropriate sexual
97	97	6 material.
98	98	7 (2) Make available to a student who is enrolled in
99	99	8 kindergarten through grade 12 any sexually explicit material.
100	100	9 SECTION 2. IC 20-26-12-2, AS AMENDED BY P.L.233-2015,
101	101	10 SECTION 151, IS AMENDED TO READ AS FOLLOWS
102	102	11 [EFFECTIVE UPON PASSAGE]: Sec. 2. (a) A governing body may
103	103	12 purchase from a publisher any curricular material selected by the
104	104	13 proper local officials. The governing body may rent the curricular
105	105	14 materials to students enrolled in any public or nonpublic school that is:
106	106	15 (1) in compliance with the minimum certification standards of the
107	107	16 state board; and
108	108	17 (2) located within the attendance unit served by the governing
109	109	18 body.
110	110	19 The annual rental rate may not exceed twenty-five percent (25%) of the
111	111	20 retail price of the curricular materials.
112	112	21 (b) Notwithstanding subsection (a), the governing body may not
113	113	22 assess a rental fee of more than twenty-five percent (25%) of the retail
114	114	23 price of curricular materials that have been:
115	115	24 (1) extended for usage by students under section 24(e) 24(d) of
116	116	25 this chapter; and
117	117	26 (2) paid for through rental fees previously collected.
118	118	27 (c) This section does not limit other laws.
119	119	28 SECTION 3. IC 20-26-12-24, AS AMENDED BY P.L.216-2021,
120	120	29 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
121	121	30 UPON PASSAGE]: Sec. 24. (a) The superintendent, after approval
122	122	31 from the governing body shall establish procedures for adoption of
123	123	32 curricular materials.
124	124	33 (b) The governing body, after reviewing any recommendations from
125	125	34 the superintendent and the learning materials advisory committee
126	126	35 established under IC 20-30-18, shall adopt curricular materials for
127	127	36 use in teaching each subject in the school corporation.
128	128	37 (c) A special committee of teachers and parents may also be
129	129	38 appointed to review books, magazines, and audiovisual material used
130	130	39 or proposed for use in the classroom to supplement state adopted
131	131	40 curricular materials and may make recommendations to the
132	132	41 superintendent and the governing body concerning the use of these
133	133	42 materials.
134	134	2022 IN 1362—LS 6863/DI 110 3
135	135	1 (d) (c) The governing body may, if the governing body considers it
136	136	2 appropriate, retain curricular materials adopted under this section and
137	137	3 authorize the purchase of supplemental materials to ensure continued
138	138	4 alignment with academic standards adopted by the state board.
139	139	5 (e) (d) The superintendent, advisory committee, and governing body
140	140	6 may consider using the list of curricular materials provided by the
141	141	7 department under IC 20-20-5.5.
142	142	8 (f) (e) A governing body may not purchase curricular materials from
143	143	9 a publisher unless the publisher agrees, in accordance with Sections
144	144	10 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities
145	145	11 Education Improvement Act 2004 (20 U.S.C. 1400 et seq.), to provide
146	146	12 or grant a license to the school corporation to allow for the
147	147	13 reproduction of adopted curricular materials in:
148	148	14 (1) large type;
149	149	15 (2) Braille; and
150	150	16 (3) audio format.
151	151	17 SECTION 4. IC 20-26-21 IS ADDED TO THE INDIANA CODE
152	152	18 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
153	153	19 UPON PASSAGE]:
154	154	20 Chapter 21. Personal Analysis, Evaluations, or Surveys by
155	155	21 Third Party Vendors
156	156	22 Sec. 1. As used in this chapter, "public school" means the
157	157	23 following:
158	158	24 (1) A school maintained by a school corporation.
159	159	25 (2) A charter school.
160	160	26 Sec. 2. (a) This section does not apply to an academic test or
161	161	27 assessment.
162	162	28 (b) If a school corporation or public school uses a third party
163	163	29 vendor in providing a personal analysis, evaluation, or survey that
164	164	30 reveals or attempts to affect a student's attitudes, habits, traits,
165	165	31 opinions, beliefs, or feelings, the third party vendor and the school
166	166	32 corporation or public school may not collect or maintain the
167	167	33 responses to or results of the analysis, evaluation, or survey in a
168	168	34 manner that would identify the responses or results of an
169	169	35 individual student.
170	170	36 SECTION 5. IC 20-28-3-3, AS AMENDED BY P.L.220-2015,
171	171	37 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
172	172	38 UPON PASSAGE]: Sec. 3. (a) The department shall develop
173	173	39 guidelines for use by accredited teacher education institutions and
174	174	40 departments in preparing individuals to:
175	175	41 (1) teach in various environments; and
176	176	42 (2) successfully apply positive classroom behavioral management
177	177	2022 IN 1362—LS 6863/DI 110 4
178	178	1 strategies and research based alternatives to exclusionary
179	179	2 discipline in a manner that serves the diverse learning needs of all
180	180	3 students.
181	181	4 (b) The guidelines developed under subsection (a) must include
182	182	5 courses and methods that assist individuals in developing cultural
183	183	6 competency (as defined in IC 20-31-2-5).
184	184	7 (c) The guidelines prescribed in subsection (a) shall not violate
185	185	8 IC 20-28-10-20 or IC 20-33-1.5.
186	186	9 SECTION 6. IC 20-28-3-3.5, AS AMENDED BY P.L.92-2020,
187	187	10 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
188	188	11 UPON PASSAGE]: Sec. 3.5. (a) The guidelines developed under
189	189	12 section 3 of this chapter must incorporate methods that assist
190	190	13 individuals in developing competency in employing approaches to
191	191	14 create positive classroom and school climates that are culturally
192	192	15 responsive, including:
193	193	16 (1) classroom management strategies;
194	194	17 (2) restorative justice;
195	195	18 (3) positive behavioral interventions and supports;
196	196	19 (4) social and emotional training as described in IC 12-21-5-2,
197	197	20 IC 20-19-3-12, and IC 20-26-5-34.2; and
198	198	21 (5) conflict resolution.
199	199	22 (b) The methods prescribed under this section shall not violate
200	200	23 IC 20-28-10-20 or IC 20-33-1.5.
201	201	24 SECTION 7. IC 20-28-10-20 IS ADDED TO THE INDIANA
202	202	25 CODE AS A NEW SECTION TO READ AS FOLLOWS
203	203	26 [EFFECTIVE UPON PASSAGE]: Sec. 20. (a) As used in this section,
204	204	27 "qualified school" means the following:
205	205	28 (1) A school maintained by a school corporation.
206	206	29 (2) A charter school.
207	207	30 (3) A laboratory school established under IC 20-24.5-2.
208	208	31 (4) The Indiana School for the Blind and Visually Impaired
209	209	32 established by IC 20-21-2-1.
210	210	33 (5) The Indiana School for the Deaf established by
211	211	34 IC 20-22-2-1.
212	212	35 (b) As used in this section, "state agency" has the meaning set
213	213	36 forth in IC 4-13-1.4-2.
214	214	37 (c) In accordance with IC 20-33-1-6, a state agency, a school
215	215	38 corporation, or a qualified school, or an employee of the state
216	216	39 agency, school corporation, or qualified school acting in an official
217	217	40 capacity shall not direct or otherwise compel a school employee to
218	218	41 personally affirm, adopt, or adhere to any of the following:
219	219	42 (1) Any of the following tenets:
220	220	2022 IN 1362—LS 6863/DI 110 5
221	221	1 (A) That any sex, race, ethnicity, religion, color, national
222	222	2 origin, or political affiliation is inherently superior or
223	223	3 inferior to another sex, race, ethnicity, religion, color,
224	224	4 national origin, or political affiliation.
225	225	5 (B) That an individual, by virtue of their sex, race,
226	226	6 ethnicity, religion, color, national origin, or political
227	227	7 affiliation is inherently racist, sexist, or oppressive,
228	228	8 whether consciously or unconsciously.
229	229	9 (C) That an individual should be discriminated against or
230	230	10 receive adverse treatment solely or partly because of the
231	231	11 individual's sex, race, ethnicity, religion, color, national
232	232	12 origin, or political affiliation.
233	233	13 (D) That members of any sex, race, ethnicity, religion,
234	234	14 color, national origin, or political affiliation should not
235	235	15 attempt to treat others without respect due to sex, race,
236	236	16 ethnicity, religion, color, national origin, or political
237	237	17 affiliation.
238	238	18 (E) That an individual's moral character is necessarily
239	239	19 determined by the individual's sex, race, ethnicity, religion,
240	240	20 color, national origin, or political affiliation.
241	241	21 (F) That an individual, by virtue of the individual's sex,
242	242	22 race, ethnicity, religion, color, national origin, or political
243	243	23 affiliation, bears responsibility for actions committed in
244	244	24 the past by other members of the same sex, race, ethnicity,
245	245	25 religion, color, national origin, or political affiliation.
246	246	26 (G) That any individual should feel discomfort, guilt,
247	247	27 anguish, or any other form of psychological distress on
248	248	28 account of the individual's sex, race, ethnicity, religion,
249	249	29 color, national origin, or political affiliation.
250	250	30 (H) That meritocracy or traits such as hard work ethic are
251	251	31 racist or sexist, or were created by members of a
252	252	32 particular sex, race, ethnicity, religion, color, national
253	253	33 origin, or political affiliation to oppress members of
254	254	34 another sex, race, ethnicity, religion, color, national origin,
255	255	35 or political affiliation.
256	256	36 (2) Any anti-American ideologies.
257	257	37 (d) A teacher, an administrator, a governing body, or any other
258	258	38 employee of any state agency, school corporation, or qualified
259	259	39 school may not require an employee of a school corporation or
260	260	40 qualified school to engage in training, orientation, or therapy that
261	261	41 presents any form of racial or sex stereotyping or blame on the
262	262	42 basis of sex, race, ethnicity, religion, color, national origin, or
263	263	2022 IN 1362—LS 6863/DI 110 6
264	264	1 political affiliation.
265	265	2 (e) A school employee may file a complaint using the complaint
266	266	3 process described in IC 20-33-1.5-4 and IC 20-33-1.5-5.
267	267	4 (f) The provisions of this section are severable as provided in
268	268	5 IC 1-1-1-8(b).
269	269	6 SECTION 8. IC 20-30-5-7.3, AS ADDED BY P.L.39-2021,
270	270	7 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
271	271	8 UPON PASSAGE]: Sec. 7.3. (a) Beginning with students entering
272	272	9 grade 6 in the 2023-2024 school year, each school corporation, charter
273	273	10 school, and state accredited nonpublic school shall require each student
274	274	11 of the school corporation, charter school, or state accredited nonpublic
275	275	12 school to successfully complete in grade 6, 7, or 8 one (1) semester of
276	276	13 a civics education course.
277	277	14 (b) All civics education courses must comply with the
278	278	15 requirements described in IC 20-33-1.5.
279	279	16 SECTION 9. IC 20-30-5-14, AS AMENDED BY P.L.76-2020,
280	280	17 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
281	281	18 UPON PASSAGE]: Sec. 14. (a) As used in this section, "Indiana career
282	282	19 explorer program and standards" refers to the:
283	283	20 (1) software or Internet based system approved by the department
284	284	21 of workforce development; and
285	285	22 (2) standards established by the department of workforce
286	286	23 development that are aligned to interdisciplinary employability
287	287	24 skills standards prescribed in subsection (c);
288	288	25 that provides students with career and college planning resources.
289	289	26 (b) To:
290	290	27 (1) educate students on the importance of their future career
291	291	28 choices;
292	292	29 (2) prepare students for the realities inherent in the work
293	293	30 environment; and
294	294	31 (3) instill in students work values that will enable them to succeed
295	295	32 in their respective careers;
296	296	33 each school within a school corporation shall include in the school's
297	297	34 curriculum for all students in grades 1 through 12 instruction
298	298	35 concerning employment matters and work values described in
299	299	36 subsection (c).
300	300	37 (c) Each school within a school corporation shall include
301	301	38 interdisciplinary employability skills standards established by the
302	302	39 department, in conjunction with the department of workforce
303	303	40 development, and approved by the state board in the school's
304	304	41 curriculum.
305	305	42 (d) Each school shall:
306	306	2022 IN 1362—LS 6863/DI 110 7
307	307	1 (1) integrate within the curriculum instruction that is; or
308	308	2 (2) conduct activities or special events periodically that are;
309	309	3 designed to foster overall career awareness and career development as
310	310	4 described in subsection (b).
311	311	5 (e) The department shall develop career awareness and career
312	312	6 development models as described in subsection (f) to assist schools in
313	313	7 complying with this section.
314	314	8 (f) The models described in this subsection must be developed in
315	315	9 accordance with the following:
316	316	10 (1) For grades 1 through 5, career awareness models to introduce
317	317	11 students to work values and basic employment concepts.
318	318	12 (2) For grades 6 through 8, initial career information models that
319	319	13 focus on career choices as they relate to student interest and skills.
320	320	14 (3) For grades 9 through 12, career exploration models that offer
321	321	15 students insight into future employment options and career
322	322	16 preparation models that provide job or further education
323	323	17 counseling, including the following:
324	324	18 (A) Initial job counseling, including the use of job service
325	325	19 officers to provide school based assessment, information, and
326	326	20 guidance on employment options and the rights of students as
327	327	21 employees.
328	328	22 (B) Workplace orientation visits.
329	329	23 (C) On-the-job experience exercises.
330	330	24 (g) The department, with assistance from the department of labor
331	331	25 and the department of workforce development, shall:
332	332	26 (1) develop and make available teacher guides; and
333	333	27 (2) conduct seminars or other teacher education activities;
334	334	28 to assist teachers in providing the instruction described in this section.
335	335	29 (h) The department shall, with assistance from the department of
336	336	30 workforce development, design and implement innovative career
337	337	31 preparation demonstration projects for students in at least grade 9.
338	338	32 (i) Each school in a school corporation and each charter school:
339	339	33 (1) shall include in the school's curriculum state developed career
340	340	34 standards for all students in grade 8 that include instruction in and
341	341	35 use of either:
342	342	36 (A) the Indiana career explorer program and standards; or
343	343	37 (B) an alternative Internet based system and standards that
344	344	38 provide students with career and college planning resources
345	345	39 that have been approved by the state board under subsection
346	346	40 (j); and
347	347	41 (2) except as provided in subdivision (1), may include in the
348	348	42 school's curriculum state developed career standards for all
349	349	2022 IN 1362—LS 6863/DI 110 8
350	350	1 students in any grade level that include instruction in and use of
351	351	2 the program and standards or system and standards described in
352	352	3 subdivision (1)(A) or (1)(B).
353	353	4 (j) A school corporation or charter school may submit a request to
354	354	5 the state board to approve an alternative Internet based system and
355	355	6 standards that provide students with career and college planning
356	356	7 resources. The state board, in consultation with the department and the
357	357	8 department of workforce development, may approve an alternative
358	358	9 system and standards if the state board determines that the alternative
359	359	10 system:
360	360	11 (1) has an aptitude assessment tool;
361	361	12 (2) contains educational course track information;
362	362	13 (3) has a tool for the preparation and development of the
363	363	14 graduation plan prescribed in IC 20-30-4, including a parent sign
364	364	15 in component;
365	365	16 (4) allows access to education and career demand information
366	366	17 using data prepared by the department of workforce development;
367	367	18 and
368	368	19 (5) is aligned to interdisciplinary employability skills standards
369	369	20 prescribed in subsection (c).
370	370	21 (k) Beginning July 1, 2021, the department of workforce
371	371	22 development shall implement an Indiana career explorer program that
372	372	23 includes software or an Internet based system that does the following:
373	373	24 (1) Provides access to education and career demand information
374	374	25 using data prepared by the department of workforce development.
375	375	26 (2) Provides educational and career assessments or tools that:
376	376	27 (A) must include an aptitude and career assessment;
377	377	28 (B) are aligned to interdisciplinary employability skills
378	378	29 standards prescribed in subsection (c); and
379	379	30 (C) may include:
380	380	31 (i) educational course track information; and
381	381	32 (ii) a tool for the preparation and development of the
382	382	33 graduation plan prescribed in IC 20-30-4, including a parent
383	383	34 sign in component.
384	384	35 (l) Any standards, curriculum, models, activities, guides,
385	385	36 projects, programs, or events developed or administered under this
386	386	37 section shall not violate IC 20-33-1.5.
387	387	38 SECTION 10. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
388	388	39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
389	389	40 UPON PASSAGE]: Sec. 17. (a) In addition to the requirements of
390	390	41 IC 20-30-17, each school corporation shall make available for
391	391	42 inspection by the parent of a student any instructional materials,
392	392	2022 IN 1362—LS 6863/DI 110 9
393	393	1 including teachers' manuals, curricular materials, films or other video
394	394	2 materials, tapes, and other materials, used in connection with:
395	395	3 (1) a personal analysis, an evaluation, or a survey described in
396	396	4 subsection (b); or
397	397	5 (2) instruction on human sexuality.
398	398	6 (b) A student shall not be required to participate in a personal
399	399	7 analysis, an evaluation, or a survey that is not directly related to
400	400	8 academic instruction and that reveals or attempts to affect the student's
401	401	9 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
402	402	10 (1) political affiliations;
403	403	11 (2) religious beliefs or practices;
404	404	12 (3) mental or psychological conditions that may embarrass the
405	405	13 student or the student's family;
406	406	14 (4) sexual behavior or attitudes;
407	407	15 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
408	408	16 (6) critical appraisals of other individuals with whom the student
409	409	17 has a close family relationship;
410	410	18 (7) legally recognized privileged or confidential relationships,
411	411	19 including a relationship with a lawyer, minister, or physician; or
412	412	20 (8) income (except as required by law to determine eligibility for
413	413	21 participation in a program or for receiving financial assistance
414	414	22 under a program);
415	415	23 without the prior consent of the student if the student is an adult or an
416	416	24 emancipated minor or the prior written consent of the student's parent
417	417	25 if the student is an unemancipated minor. A parental consent form for
418	418	26 a personal analysis, an evaluation, or a survey described in this
419	419	27 subsection shall accurately reflect the contents and nature of the
420	420	28 personal analysis, evaluation, or survey.
421	421	29 (c) Before a school may provide a student with instruction on human
422	422	30 sexuality, the school must provide the parent of the student or the
423	423	31 student, if the student is an adult or an emancipated minor, with a
424	424	32 written request for consent of instruction. A consent form provided to
425	425	33 a parent of a student or a student under this subsection must accurately
426	426	34 summarize the contents and nature of the instruction on human
427	427	35 sexuality that will be provided to the student and indicate that a parent
428	428	36 of a student or an adult or emancipated minor student has the right to
429	429	37 review and inspect all materials related to the instruction on human
430	430	38 sexuality. The written consent form may be sent in an electronic
431	431	39 format. The parent of the student or the student, if the student is an
432	432	40 adult or an emancipated minor, may return the consent form indicating
433	433	41 that the parent of the student or the adult or emancipated student:
434	434	42 (1) consents to the instruction; or
435	435	2022 IN 1362—LS 6863/DI 110 10
436	436	1 (2) declines instruction.
437	437	2 If a student does not participate in the instruction on human sexuality,
438	438	3 the school shall provide the student with alternative academic
439	439	4 instruction during the same time frame that the instruction on human
440	440	5 sexuality is provided.
441	441	6 (d) If the parent of the student or the student, if the student is an
442	442	7 adult or an emancipated minor, does not respond to the written request
443	443	8 provided by the school under subsection (c) within twenty-one (21)
444	444	9 calendar days after receiving the request under subsection (c), the
445	445	10 school shall provide the parent of the student, or the student, if the
446	446	11 student is an adult or an emancipated minor, a written notice requesting
447	447	12 that the parent of the student, or the student, if the student is an adult
448	448	13 or an emancipated minor, indicate, in a manner prescribed by the
449	449	14 school, whether the parent of the student or the adult or emancipated
450	450	15 student:
451	451	16 (1) consents to the instruction; or
452	452	17 (2) declines instruction.
453	453	18 A notice provided to a parent of a student or a student under this
454	454	19 subsection must accurately summarize the contents and nature of the
455	455	20 instruction on human sexuality that will be provided to the student and
456	456	21 indicate that a parent of a student or an adult or emancipated minor
457	457	22 student has the right to review and inspect all materials related to the
458	458	23 instruction on human sexuality. The notice may be sent in an electronic
459	459	24 format. If the school does not receive a response within ten (10) days
460	460	25 after the notice, the student will receive the instruction on human
461	461	26 sexuality unless the parent or the adult or emancipated student
462	462	27 subsequently opts out of the instruction for the student.
463	463	28 (e) The department and the governing body shall give parents and
464	464	29 students notice of their rights under this section.
465	465	30 (f) The governing body shall enforce this section.
466	466	31 SECTION 11. IC 20-30-17 IS ADDED TO THE INDIANA CODE
467	467	32 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
468	468	33 UPON PASSAGE]:
469	469	34 Chapter 17. Learning Material and Educational Activity
470	470	35 Transparency
471	471	36 Sec. 1. (a) As used in this chapter, "educational activity" means
472	472	37 a presentation, assembly, lecture, or any other educational activity
473	473	38 or event that is:
474	474	39 (1) organized or facilitated by a school corporation or public
475	475	40 school; and
476	476	41 (2) conducted during instructional time (as defined in
477	477	42 IC 20-30-2-1).
478	478	2022 IN 1362—LS 6863/DI 110 11
479	479	1 (b) The term does not include a student presentation.
480	480	2 Sec. 2. (a) As used in this chapter, "learning material" means
481	481	3 any material used for student instruction by a school corporation
482	482	4 or public school, including the following:
483	483	5 (1) Textbooks and other printed materials.
484	484	6 (2) Audiovisual materials.
485	485	7 (3) Materials in electronic or digital formats, including
486	486	8 materials accessible through the Internet.
487	487	9 (4) Student surveys.
488	488	10 (b) The term includes a lesson plan, a syllabus, and any
489	489	11 materials that contain curriculum content.
490	490	12 (c) The term does not include an academic test or assessment,
491	491	13 scoring keys, or other test or assessment data used in administering
492	492	14 an academic test or assessment.
493	493	15 Sec. 3. As used in this chapter, "public school" means the
494	494	16 following:
495	495	17 (1) A school maintained by a school corporation.
496	496	18 (2) A charter school.
497	497	19 Sec. 4. (a) This section applies to a learning material or
498	498	20 educational activity to which any of the following apply:
499	499	21 (1) The learning material or educational activity is or is
500	500	22 intended to be assigned, distributed, or otherwise presented
501	501	23 to:
502	502	24 (A) a student in a course or class for which the student
503	503	25 receives credit;
504	504	26 (B) a student if use of the learning material or
505	505	27 participation in the educational activity is required by the
506	506	28 school corporation or public school; or
507	507	29 (C) a student and at least a majority of students in a grade
508	508	30 level are expected to use the learning material or
509	509	31 participate in the educational activity.
510	510	32 (2) The learning material is or is intended to be included in a
511	511	33 defined list of learning materials from which the students are
512	512	34 required to select one (1) or more of the learning materials.
513	513	35 (3) The learning material or educational activity is created by:
514	514	36 (A) the department;
515	515	37 (B) the governing body of a school corporation; or
516	516	38 (C) an employee of a school corporation or public school.
517	517	39 (b) Not later than June 30, 2022, and not later than June 30 each
518	518	40 year thereafter, each public school shall post on the public school's
519	519	41 Internet web site, in a manner accessible by the public, the
520	520	42 following:
521	521	2022 IN 1362—LS 6863/DI 110 12
522	522	1 (1) Information concerning any learning material or
523	523	2 educational activity that is or is intended to be used for
524	524	3 student instruction by the public school in the immediately
525	525	4 following school year, organized by grade level, teacher, and
526	526	5 subject area. The information posted under this subdivision
527	527	6 must include the following:
528	528	7 (A) The title and author, organization, or Internet web site
529	529	8 associated with each learning material and educational
530	530	9 activity.
531	531	10 (B) The full text or a copy of the learning material or
532	532	11 educational activity. A public school is not required to
533	533	12 include the full text or copy of learning material or an
534	534	13 educational activity under this clause if the public school
535	535	14 provides a link to an Internet web site that contains the full
536	536	15 text or a copy of the learning material or educational
537	537	16 activity.
538	538	17 (2) Any procedures or policies in effect for the documentation,
539	539	18 review, or approval of learning materials or educational
540	540	19 activities used for student instruction.
541	541	20 (c) If information described in subsection (b) is not posted by the
542	542	21 date established in subsection (b), each public school shall post the
543	543	22 information as far in advance of the use or presentation of the
544	544	23 learning material or educational activity as is practicable.
545	545	24 Information concerning learning material or an educational
546	546	25 activity that is not posted on the public school's Internet web site
547	547	26 in advance of the use or presentation of the learning material or
548	548	27 educational activity in the classroom must be posted on the public
549	549	28 school's Internet web site not later than five (5) days after the date
550	550	29 that the learning material or educational activity was used or
551	551	30 presented in the classroom.
552	552	31 (d) This section may not be construed to require a public school
553	553	32 to post learning material or information concerning an educational
554	554	33 activity in a manner that would constitute an infringement of
555	555	34 copyright under the federal Copyright Act (17 U.S.C. 101 et seq.).
556	556	35 Sec. 5. A public school shall include on the public school's
557	557	36 Internet web site described in section 4 of this chapter a
558	558	37 functionality that allows a parent of a student to opt out of or opt
559	559	38 in to learning material or an educational activity to which one (1)
560	560	39 or both of the following apply:
561	561	40 (1) State law provides that a parent may opt out of or opt in
562	562	41 to the learning material or educational activity.
563	563	42 (2) The governing body of the school corporation approved
564	564	2022 IN 1362—LS 6863/DI 110 13
565	565	1 allowing a parent to opt out of the learning material or
566	566	2 educational activity under IC 20-30-18-7.
567	567	3 Sec. 6. If a parent opts a student out of learning material or an
568	568	4 educational activity as described in section 5 of this chapter, the
569	569	5 public school shall:
570	570	6 (1) provide the student other instruction during the time
571	571	7 period that the learning material or educational activity is
572	572	8 used or presented; and
573	573	9 (2) ensure that the public school complies with the
574	574	10 instructional time requirements in IC 20-30-2-2 regarding the
575	575	11 student.
576	576	12 Sec. 7. An individual may request an advisory opinion from the
577	577	13 public access counselor under IC 5-14-4-10 as to whether a school
578	578	14 corporation or public school is in compliance with the
579	579	15 requirements under this chapter.
580	580	16 Sec. 8. The department shall:
581	581	17 (1) develop a model plan for presenting the information
582	582	18 described in section 4(b) of this chapter on a public school's
583	583	19 Internet web site; and
584	584	20 (2) post the model on the department's Internet web site.
585	585	21 Sec. 9. The department may develop or procure and make
586	586	22 available to public schools a system that meets the requirements
587	587	23 described in section 4 of this chapter.
588	588	24 Sec. 10. The state board may adopt rules under IC 4-22-2 to
589	589	25 implement this chapter.
590	590	26 SECTION 12. IC 20-30-18 IS ADDED TO THE INDIANA CODE
591	591	27 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
592	592	28 UPON PASSAGE]:
593	593	29 Chapter 18. Learning Materials Advisory Committee
594	594	30 Sec. 1. As used in this chapter, "educational activity" has the
595	595	31 meaning set forth in IC 20-30-17-1.
596	596	32 Sec. 2. As used in this chapter, "learning material" has the
597	597	33 meaning set forth in IC 20-30-17-2. However, the term includes
598	598	34 library materials.
599	599	35 Sec. 3. (a) A governing body of a school corporation shall:
600	600	36 (1) establish procedures for the creation, selection, and
601	601	37 appointment of a learning materials advisory committee; and
602	602	38 (2) create a learning materials advisory committee in
603	603	39 accordance with the procedures.
604	604	40 (b) The procedures must provide for the appointment of the
605	605	41 following to the learning materials advisory committee in
606	606	42 accordance with section 5 of this chapter:
607	607	2022 IN 1362—LS 6863/DI 110 14
608	608	1 (1) Teachers, administrators, and representatives of the
609	609	2 community.
610	610	3 (2) Parents of students who attend a school of the school
611	611	4 corporation.
612	612	5 (c) A governing body of a school corporation shall establish and
613	613	6 implement procedures for a learning materials advisory committee
614	614	7 to:
615	615	8 (1) have access to all information concerning learning
616	616	9 materials and educational activities;
617	617	10 (2) review learning materials and educational activities;
618	618	11 (3) make recommendations regarding learning materials and
619	619	12 educational activities to the governing body; and
620	620	13 (4) present recommendations regarding learning materials
621	621	14 and educational activities at a public hearing of the governing
622	622	15 body.
623	623	16 Sec. 4. (a) A governing body of a school corporation shall post
624	624	17 on the school corporation's Internet web site proposed procedures
625	625	18 established in accordance with section 3 of this chapter.
626	626	19 (b) At least thirty (30) days after the date the governing body of
627	627	20 the school corporation posts the proposed procedures under
628	628	21 subsection (a), the governing body shall:
629	629	22 (1) hold a public meeting to explain the proposed procedures;
630	630	23 and
631	631	24 (2) provide an opportunity at the meeting for public comment
632	632	25 on the proposed procedures.
633	633	26 The governing body may then approve, disapprove, or amend the
634	634	27 proposed procedures.
635	635	28 Sec. 5. (a) The learning materials advisory committee must be
636	636	29 comprised according to the following parameters:
637	637	30 (1) At least forty percent (40%) of the members of the
638	638	31 committee must be parents of students who attend a school of
639	639	32 the school corporation.
640	640	33 (2) At least forty percent (40%) of the members of the
641	641	34 committee must be teachers and administrators of the school
642	642	35 corporation.
643	643	36 (3) The remaining member appointment to the committee
644	644	37 must be comprised of interested community members who are
645	645	38 not employed by the school corporation.
646	646	39 (b) Only candidates approved by a majority of members of the
647	647	40 governing body of the school corporation may serve on the school
648	648	41 corporation's learning materials advisory committee.
649	649	42 (c) In recommending and considering candidates, the governing
650	650	2022 IN 1362—LS 6863/DI 110 15
651	651	1 body of a school corporation shall attempt to ensure that the
652	652	2 learning materials advisory committee is representative of a broad
653	653	3 range of community interests, as determined by the governing
654	654	4 body.
655	655	5 (d) The learning materials advisory committee shall elect a
656	656	6 chairperson from the members of the committee. The chairperson
657	657	7 must be a member of the committee who is a parent of a student
658	658	8 attending a school of the school corporation.
659	659	9 (e) The learning materials advisory committee chairperson may
660	660	10 create subcommittees to review learning material and educational
661	661	11 activity subject matters. Subcommittees may recommend learning
662	662	12 materials and educational activities to the committee for
663	663	13 consideration. A subcommittee must be comprised of members
664	664	14 according to the parameters set forth in subsection (a).
665	665	15 Sec. 6. (a) The learning materials advisory committee shall
666	666	16 review and evaluate the school corporation's learning materials
667	667	17 and educational activities to ensure that the materials and activities
668	668	18 are representative of the community's interests and aligned with
669	669	19 Indiana academic standards.
670	670	20 (b) Except as otherwise provided by law, the learning materials
671	671	21 committee may recommend to the governing body of the school
672	672	22 corporation that parents of students enrolled in the school
673	673	23 corporation should be allowed to opt out of or opt in to learning
674	674	24 materials and educational activities identified by the committee.
675	675	25 Sec. 7. The governing body of a school corporation may approve
676	676	26 or disapprove the opting in or out of any learning material or
677	677	27 educational activity recommended by the learning materials
678	678	28 advisory committee under section 6 of this chapter.
679	679	29 Sec. 8. A learning materials advisory committee shall:
680	680	30 (1) meet at least two (2) times annually on dates and times
681	681	31 established by the chairperson of the committee; and
682	682	32 (2) hold at least two (2) public meetings annually to discuss
683	683	33 the committee's review process and findings with the public;
684	684	34 and
685	685	35 (3) provide an opportunity at the meetings described in
686	686	36 subdivision (2) for public comment.
687	687	37 SECTION 13. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
688	688	38 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
689	689	39 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
690	690	40 concise, and jargon free state academic standards that are comparable
691	691	41 to national and international academic standards and the college and
692	692	42 career readiness educational standards adopted under IC 20-19-2-14.5.
693	693	2022 IN 1362—LS 6863/DI 110 16
694	694	1 These academic standards must be adopted for each grade level from
695	695	2 kindergarten through grade 12 for the following subjects:
696	696	3 (1) English/language arts.
697	697	4 (2) Mathematics.
698	698	5 (3) Social studies.
699	699	6 (4) Science.
700	700	7 (b) For grade levels tested under the statewide assessment program,
701	701	8 the academic standards must be based in part on the results of the
702	702	9 statewide assessment program.
703	703	10 (c) Academic standards adopted under this chapter shall not
704	704	11 violate IC 20-33-1.5.
705	705	12 SECTION 14. IC 20-31-6-1, AS ADDED BY P.L.246-2005,
706	706	13 SECTION 175, IS AMENDED TO READ AS FOLLOWS
707	707	14 [EFFECTIVE UPON PASSAGE]: Sec. 1. (a) The department shall
708	708	15 develop and make available to school corporations and nonpublic
709	709	16 schools materials that assist teachers, administrators, and staff in a
710	710	17 school in developing cultural competency for use in providing
711	711	18 professional and staff development programs.
712	712	19 (b) The materials developed under subsection (a) shall not
713	713	20 violate IC 20-28-10-20 or IC 20-33-1.5.
714	714	21 (c) The department shall post all materials developed under
715	715	22 subsection (a) on the department's Internet web site.
716	716	23 SECTION 15. IC 20-31-6-2, AS ADDED BY P.L.1-2005,
717	717	24 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
718	718	25 UPON PASSAGE]: Sec. 2. (a) In developing a school's plan, the
719	719	26 committee shall consider methods to improve the cultural competency
720	720	27 of the school's teachers, administrators, staff, parents, and students.
721	721	28 (b) The committee shall:
722	722	29 (1) identify the racial, ethnic, language-minority, cultural,
723	723	30 exceptional learning, and socioeconomic groups that are included
724	724	31 in the school's student population;
725	725	32 (2) incorporate culturally appropriate strategies for increasing
726	726	33 educational opportunities and educational performance for each
727	727	34 group in the school's plan; and
728	728	35 (3) recommend areas in which additional professional
729	729	36 development is necessary to increase cultural competency in the
730	730	37 school's educational environment.
731	731	38 (c) The committee shall update annually the information identified
732	732	39 under subsection (b)(1).
733	733	40 (d) The plan or methods developed under this section shall not
734	734	41 violate IC 20-28-10-20 or IC 20-33-1.5.
735	735	42 SECTION 16. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
736	736	2022 IN 1362—LS 6863/DI 110 17
737	737	1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
738	738	2 UPON PASSAGE]:
739	739	3 Chapter 1.5. Dignity and Nondiscrimination in Education
740	740	4 Sec. 1. As used in this chapter, "qualified school" has the
741	741	5 meaning set forth in IC 20-28-10-20(a).
742	742	6 Sec. 2. As used in this chapter, "state agency" has the meaning
743	743	7 set forth in IC 4-13-1.4-2.
744	744	8 Sec. 3. (a) In accordance with IC 20-33-1-1, a state agency,
745	745	9 school corporation, or qualified school shall not include or promote
746	746	10 as part of a course of instruction or in a curriculum or
747	747	11 instructional program, or allow teachers or other employees of the
748	748	12 school corporation or qualified school, acting in their official
749	749	13 capacity, to use supplemental instructional materials that include
750	750	14 or promote the following:
751	751	15 (1) Any of the following concepts:
752	752	16 (A) That any sex, race, ethnicity, religion, color, national
753	753	17 origin, or political affiliation is inherently superior or
754	754	18 inferior to another sex, race, ethnicity, religion, color,
755	755	19 national origin, or political affiliation.
756	756	20 (B) That an individual, by virtue of their sex, race,
757	757	21 ethnicity, religion, color, national origin, or political
758	758	22 affiliation is inherently racist, sexist, or oppressive,
759	759	23 whether consciously or unconsciously.
760	760	24 (C) That an individual should be discriminated against or
761	761	25 receive adverse treatment solely or partly because of the
762	762	26 individual's sex, race, ethnicity, religion, color, national
763	763	27 origin, or political affiliation.
764	764	28 (D) That members of any sex, race, ethnicity, religion,
765	765	29 color, national origin, or political affiliation should not
766	766	30 attempt to treat others without respect due to sex, race,
767	767	31 ethnicity, religion, color, national origin, or political
768	768	32 affiliation.
769	769	33 (E) That an individual's moral character is necessarily
770	770	34 determined by the individual's sex, race, ethnicity, religion,
771	771	35 color, national origin, or political affiliation.
772	772	36 (F) That an individual, by virtue of the individual's sex,
773	773	37 race, ethnicity, religion, color, national origin, or political
774	774	38 affiliation, bears responsibility for actions committed in
775	775	39 the past by other members of the same sex, race, ethnicity,
776	776	40 religion, color, national origin, or political affiliation.
777	777	41 (G) That any individual should feel discomfort, guilt,
778	778	42 anguish, or any other form of psychological distress on
779	779	2022 IN 1362—LS 6863/DI 110 18
780	780	1 account of the individual's sex, race, ethnicity, religion,
781	781	2 color, national origin, or political affiliation.
782	782	3 (H) That meritocracy or traits such as hard work ethic are
783	783	4 racist or sexist, or were created by members of a
784	784	5 particular sex, race, ethnicity, religion, color, national
785	785	6 origin, or political affiliation to oppress members of
786	786	7 another sex, race, ethnicity, religion, color, national origin,
787	787	8 or political affiliation.
788	788	9 (2) Any anti-American ideologies.
789	789	10 (b) If a state agency, school corporation, or qualified school or
790	790	11 an employee of a state agency, school corporation, or qualified
791	791	12 school, require, make part of a course, award a grade or course
792	792	13 credit, including extra credit, or otherwise incentivize a student to
793	793	14 engage in either:
794	794	15 (1) political activism, lobbying, or efforts to persuade
795	795	16 members of the legislative or executive branch at the federal,
796	796	17 state, or local level; or
797	797	18 (2) participation in any internship, practicum, or similar
798	798	19 activity involving social or public policy advocacy;
799	799	20 the state agency, school corporation, or qualified school or the
800	800	21 employee of the state agency, school corporation, or qualified
801	801	22 school, shall not require the student to adopt, affirm, affiliate, or
802	802	23 take any action that would result in favoring any particular
803	803	24 position on the issue or issues involved.
804	804	25 (c) It is the duty of the state agency, school corporation, or
805	805	26 qualified school, or the employee of the state agency, school
806	806	27 corporation, or qualified school to remain impartial in activities
807	807	28 described in subsection (b)(1) and (b)(2), and to ensure that
808	808	29 students are free to express their own beliefs and viewpoints
809	809	30 concerning activities described in subsection (b)(1) and (b)(2)
810	810	31 without discrimination.
811	811	32 (d) A school corporation or qualified school may not do the
812	812	33 following:
813	813	34 (1) Provide, contract to provide, offer, or sponsor any course
814	814	35 that includes, incorporates, or is based on practices prohibited
815	815	36 under this chapter or IC 20-28-10-20.
816	816	37 (2) Use money, property, assets, or resources for a purpose
817	817	38 that includes, incorporates, or is based on practices prohibited
818	818	39 under this chapter or IC 20-28-10-20.
819	819	40 (3) Adopt programs or use curricular material, instructional
820	820	41 material, curriculum, classroom assignments, orientation,
821	821	42 interventions, or counseling that include, incorporate, or are
822	822	2022 IN 1362—LS 6863/DI 110 19
823	823	1 based on practices prohibited under this chapter or
824	824	2 IC 20-28-10-20.
825	825	3 (4) Execute a contract or agreement with an internal or
826	826	4 external entity or person to provide services, training,
827	827	5 professional development, or any other assistance that
828	828	6 includes or incorporates practices prohibited under this
829	829	7 chapter or IC 20-28-10-20.
830	830	8 (5) Receive or apply to receive money that requires, as a
831	831	9 condition of receipt of the money, the adoption of a course,
832	832	10 policy, curriculum, or any other instructional material that
833	833	11 includes, incorporates, or is based on practices prohibited
834	834	12 under this chapter or IC 20-28-10-20.
835	835	13 Sec. 4. (a) The department shall develop a complaint form to be
836	836	14 used by a school employee, parent, or emancipated or adult student
837	837	15 to file a complaint with the principal of a qualified school for a
838	838	16 violation of IC 20-28-10-20 or section 3 of this chapter. The
839	839	17 department shall maintain a copy of the complaint form on the
840	840	18 department's Internet web site. In addition, each school
841	841	19 corporation and qualified school must maintain, and conspicuously
842	842	20 display, a link to the complaint form on the school corporation's
843	843	21 and qualified school's Internet web site.
844	844	22 (b) A school employee, parent, or emancipated or adult student
845	845	23 may file a complaint with a principal of a qualified school alleging
846	846	24 a violation of IC 20-28-10-20 or section 3 of this chapter. The
847	847	25 principal shall:
848	848	26 (1) investigate the complaint; and
849	849	27 (2) respond to the complaint by:
850	850	28 (A) acknowledging a violation of IC 20-28-10-20 or section
851	851	29 3 of this chapter;
852	852	30 (B) denying a violation of IC 20-28-10-20 or section 3 of
853	853	31 this chapter; or
854	854	32 (C) determining that the evidence obtained during the
855	855	33 investigation of the complaint was inconclusive;
856	856	34 within five (5) days of receiving the complaint. If the principal
857	857	35 acknowledges a violation of IC 20-28-10-20 or section 3 of this
858	858	36 chapter, the principal shall include a description of how the
859	859	37 qualified school will remedy the violation.
860	860	38 (c) If a school employee, parent, or emancipated or adult
861	861	39 student is not satisfied with the principal's response under
862	862	40 subsection (b), the school employee, parent, or emancipated or
863	863	41 adult student may submit an appeal of the principal's response to
864	864	42 the superintendent of the school corporation, or the equivalent for
865	865	2022 IN 1362—LS 6863/DI 110 20
866	866	1 a qualified school, within ten (10) business days from the date of
867	867	2 the principal's initial response. The superintendent, or the
868	868	3 equivalent for a qualified school, shall respond to the appeal by:
869	869	4 (1) acknowledging a violation of IC 20-28-10-20 or section 3
870	870	5 of this chapter;
871	871	6 (2) denying a violation of IC 20-28-10-20 or section 3 of this
872	872	7 chapter; or
873	873	8 (3) determining that the evidence of a violation is
874	874	9 inconclusive;
875	875	10 within ten (10) business days of the receipt of the appeal.
876	876	11 (d) A school employee, parent, or emancipated or adult student
877	877	12 may submit a request to review the decision of the superintendent,
878	878	13 or the equivalent for a qualified school, under subsection (c) to the
879	879	14 governing body of the school corporation or the equivalent for a
880	880	15 qualified school. The request to review a decision under subsection
881	881	16 (c) must be submitted to the governing body, or the equivalent of
882	882	17 a qualified school, in a manner prescribed by the department. The
883	883	18 governing body shall review the request and issue a final order
884	884	19 within thirty (30) days of receipt of the request which shall be
885	885	20 included on the school corporation's and qualified school's Internet
886	886	21 web site. If the governing body, or the equivalent for a qualified
887	887	22 school, determines that a violation of IC 20-28-10-20 or section 3
888	888	23 of this chapter occurred, the governing body shall provide a
889	889	24 description of the remedy for the violation.
890	890	25 Sec. 5. (a) After receiving the governing body's final order
891	891	26 under section (4)(d) of this chapter, an individual may bring a civil
892	892	27 action against a state agency, school corporation, or qualified
893	893	28 school pertaining to the alleged violation addressed in the final
894	894	29 order.
895	895	30 (b) A court may award the following to an individual who
896	896	31 prevails under this section:
897	897	32 (1) Court costs and reasonable attorney's fees.
898	898	33 (2) Actual damages resulting from the violation.
899	899	34 (3) Declaratory or injunctive relief.
900	900	35 Sec. 6. The provisions of this chapter are severable as provided
901	901	36 in IC 1-1-1-8(b).
902	902	37 SECTION 17. IC 21-41-13 IS ADDED TO THE INDIANA CODE
903	903	38 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
904	904	39 UPON PASSAGE]:
905	905	40 Chapter 13. Dignity and Nondiscrimination in Postsecondary
906	906	41 Education
907	907	42 Sec. 1. As used in this chapter, "state agency" has the meaning
908	908	2022 IN 1362—LS 6863/DI 110 21
909	909	1 set forth in IC 4-13-1.4-2.
910	910	2 Sec. 2. As used in this chapter, "teacher preparation program"
911	911	3 has the meaning set forth in IC 20-28-3-1.
912	912	4 Sec. 3. (a) A teacher preparation program shall not include or
913	913	5 promote as part of a course of instruction or in a curriculum or
914	914	6 instructional program, or allow faculty or other employees of the
915	915	7 teacher preparation program, acting in their official capacity, to
916	916	8 use supplemental instructional materials that include or promote
917	917	9 the following:
918	918	10 (1) Any of the following concepts:
919	919	11 (A) Any sex, race, ethnicity, religion, color, national origin,
920	920	12 or political affiliation is inherently superior or inferior to
921	921	13 another sex, race, ethnicity, religion, color, national origin,
922	922	14 or political affiliation.
923	923	15 (B) That an individual, by virtue of their sex, race,
924	924	16 ethnicity, religion, color, national origin, or political
925	925	17 affiliation is inherently racist, sexist, or oppressive,
926	926	18 whether consciously or unconsciously.
927	927	19 (C) That an individual should be discriminated against or
928	928	20 receive adverse treatment solely or partly because of the
929	929	21 individual's sex, race, ethnicity, religion, color, national
930	930	22 origin, or political affiliation.
931	931	23 (D) That members of any sex, race, ethnicity, religion,
932	932	24 color, national origin, or political affiliation should not
933	933	25 attempt to treat others without respect due to sex, race,
934	934	26 ethnicity, religion, color, national origin, or political
935	935	27 affiliation.
936	936	28 (E) That an individual's moral character is necessarily
937	937	29 determined by the individual's sex, race, ethnicity, religion,
938	938	30 color, national origin, or political affiliation.
939	939	31 (F) That an individual, by virtue of the individual's sex,
940	940	32 race, ethnicity, religion, color, national origin, or political
941	941	33 affiliation, bears responsibility for actions committed in
942	942	34 the past by other members of the same sex, race, ethnicity,
943	943	35 religion, color, national origin, or political affiliation.
944	944	36 (G) That any individual should feel discomfort, guilt,
945	945	37 anguish, or any other form of psychological distress on
946	946	38 account of the individual's sex, race, ethnicity, religion,
947	947	39 color, national origin, or political affiliation.
948	948	40 (H) That meritocracy or traits such as hard work ethic are
949	949	41 racist or sexist, or were created by members of a
950	950	42 particular sex, race, ethnicity, religion, color, national
951	951	2022 IN 1362—LS 6863/DI 110 22
952	952	1 origin, or political affiliation to oppress members of
953	953	2 another sex, race, ethnicity, religion, color, national origin,
954	954	3 or political affiliation.
955	955	4 (2) Any anti-American ideologies.
956	956	5 (b) An administrator or any other employee of a state agency or
957	957	6 teacher preparation program may not require an employee of the
958	958	7 teacher preparation program to engage in training, orientation, or
959	959	8 therapy that presents any form of racial or sex stereotyping or
960	960	9 blame on the basis of sex, race, ethnicity, religion, color, national
961	961	10 origin, or political affiliation.
962	962	11 Sec. 4. (a) In addition to any relief sought through the Office for
963	963	12 Civil Rights at the United States Department of Education, an
964	964	13 individual may, in the alternative, bring a civil action against a
965	965	14 state educational institution that violates this chapter.
966	966	15 (b) A court may award the following to an individual who
967	967	16 prevails against a state educational institution under this section:
968	968	17 (1) Court costs and reasonable attorney's fees.
969	969	18 (2) Actual damages resulting from the violation.
970	970	19 (3) Declaratory or injunctive relief.
971	971	20 Sec. 5. The provisions of this chapter are severable as provided
972	972	21 in IC 1-1-1-8(b).
973	973	22 SECTION 18. An emergency is declared for this act.
974	974	2022 IN 1362—LS 6863/DI 110