Indiana 2022 Regular Session

Indiana House Bill HB1389 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. 1389
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-22.5; IC 20-30-5-17.
7	7	Synopsis: Various education matters. Defines a "qualified school".
8	8	Provides that a student shall not be required to participate in a personal
9	9	analysis, an evaluation, or a survey that is established or administered
10	10	by: (1) a school corporation; (2) a school; (3) the department of
11	11	education (department); or (4) a third party vendor of a school
12	12	corporation, a school, or the department; without the prior consent of
13	13	the student if the student is an adult or an emancipated minor or the
14	14	prior written consent of the student's parent if the student is an
15	15	unemancipated minor. (Current law provides that a student shall not be
16	16	required to participate in a personal analysis, an evaluation, or a survey
17	17	that is not directly related to academic instruction and that reveals or
18	18	attempts to affect the student's attitudes, habits, traits, opinions, beliefs,
19	19	or feelings concerning certain matters without the prior consent of the
20	20	student if the student is an adult or an emancipated minor or the prior
21	21	written consent of the student's parent if the student is an
22	22	unemancipated minor.) Provides that a state agency, state educational
23	23	institution, school corporation, or qualified school, or an employee of
24	24	the state agency, state educational institution, school corporation, or
25	25	qualified school acting in an official capacity, may not include or
26	26	promote certain concepts as part of a course of instruction or in a
27	27	curriculum or direct or otherwise compel a school employee or student
28	28	to adhere to certain tenets relating to the individual's sex, race,
29	29	ethnicity, religion, color, national origin, or political affiliation. Defines
30	30	an "operator". Establishes online privacy protection requirements to
31	31	(Continued next page)
32	32	Effective: July 1, 2022.
33	33	Judy, Goodrich, Morris
34	34	January 13, 2022, read first time and referred to Committee on Education.
35	35	2022 IN 1389—LS 7132/DI 116 Digest Continued
36	36	protect the disclosure of certain information of a student of a school
37	37	corporation or qualified school by an operator. Provides that a student
38	38	shall not be required to participate in a personal analysis, evaluation,
39	39	or survey that reveals or attempts to affect the student's attitudes,
40	40	habits, traits, opinions, beliefs, or feelings without parental consent.
41	41	Provides that before a school corporation or qualified school may
42	42	provide or administer school psychology services to a student, the
43	43	school must provide the parent of the student or the student, if the
44	44	student is an adult or an emancipated minor, with a written request for
45	45	consent to provide or administer school psychology services.
46	46	Establishes procedures for a petitioner to file a complaint form alleging
47	47	that certain violations occurred within a school corporation or
48	48	applicable school. Provides that a petitioner may appeal a school
49	49	corporation's or applicable school's findings to the department.
50	50	Requires the department to appoint an administrative law judge to
51	51	adjudicate appeals. Requires the department to issue a final order.
52	52	Requires the attorney general or the attorney general's designee to
53	53	review a school corporation's or applicable school's findings or the
54	54	department's final order. Provides that the attorney general may assess
55	55	civil penalties if the attorney general determines a violation occurred.
56	56	Provides that a school corporation or applicable school may not take
57	57	retaliatory action against a petitioner or an individual related to or
58	58	associated with the petitioner.
59	59	2022 IN 1389—LS 7132/DI 1162022 IN 1389—LS 7132/DI 116 Introduced
60	60	Second Regular Session of the 122nd General Assembly (2022)
61	61	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
62	62	Constitution) is being amended, the text of the existing provision will appear in this style type,
63	63	additions will appear in this style type, and deletions will appear in this style type.
64	64	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
65	65	provision adopted), the text of the new provision will appear in this style type. Also, the
66	66	word NEW will appear in that style type in the introductory clause of each SECTION that adds
67	67	a new provision to the Indiana Code or the Indiana Constitution.
68	68	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
69	69	between statutes enacted by the 2021 Regular Session of the General Assembly.
70	70	HOUSE BILL No. 1389
71	71	A BILL FOR AN ACT to amend the Indiana Code concerning
72	72	education.
73	73	Be it enacted by the General Assembly of the State of Indiana:
74	74	1 SECTION 1. IC 20-22.5 IS ADDED TO THE INDIANA CODE AS
75	75	2 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
76	76	3 2022]:
77	77	4 ARTICLE 22.5. PROTECTIONS FOR STUDENTS, PARENTS,
78	78	5 AND EDUCATORS
79	79	6 Chapter 1. Definitions
80	80	7 Sec. 1. The following definitions apply throughout this article.
81	81	8 (1) "Covered information" refers to personally identifiable
82	82	9 information or material in any media or format that is any of
83	83	10 the following:
84	84	11 (A) Created by or provided to an operator by a student, or
85	85	12 the student's parent, in the course of the student's or
86	86	13 parent's use of the operator's site, service, or application
87	87	14 for K-12 school purposes.
88	88	15 (B) Created by or provided to an operator by an employee
89	89	16 or agent of a K-12 school or local school administrative
90	90	17 unit for K-12 school purposes.
91	91	2022 IN 1389—LS 7132/DI 116 2
92	92	1 (C) Gathered by an operator through the operation of a
93	93	2 site, service, or application for K-12 school purposes and
94	94	3 that personally identifies a student, including, but not
95	95	4 limited to, the following:
96	96	5 (i) Information in the student's educational record or
97	97	6 electronic mail.
98	98	7 (ii) First and last name.
99	99	8 (iii) Home address.
100	100	9 (iv) Telephone number.
101	101	10 (v) Electronic mail address.
102	102	11 (vi) Other information that allows physical or online
103	103	12 contact.
104	104	13 (vii) Discipline records.
105	105	14 (viii) Test results.
106	106	15 (ix) Special education data.
107	107	16 (x) Juvenile dependency records.
108	108	17 (xi) Grades.
109	109	18 (xii) Evaluations.
110	110	19 (xiii) Criminal records.
111	111	20 (xiv) Medical records.
112	112	21 (xv) Health records.
113	113	22 (xvi) Social Security number.
114	114	23 (xvii) Biometric information.
115	115	24 (xviii) Disabilities.
116	116	25 (xix) Socioeconomic information.
117	117	26 (xx) Food purchases.
118	118	27 (xxi) Political affiliations.
119	119	28 (xxii) Religious information.
120	120	29 (xxiii) Text messages.
121	121	30 (xxiv) Documents.
122	122	31 (xxv) Student identifiers.
123	123	32 (xxvi) Search activity.
124	124	33 (xxvii) Photos.
125	125	34 (xxviii) Voice recordings.
126	126	35 (xxix) Geolocation information.
127	127	36 (2) "Educational activity" means a presentation, assembly,
128	128	37 lecture, or any other educational activity or event that is:
129	129	38 (A) organized or facilitated by a school corporation or
130	130	39 qualified school or an employee of the school corporation
131	131	40 or qualified school; and
132	132	41 (B) conducted during instructional time (as defined in
133	133	42 IC 20-30-2-1).
134	134	2022 IN 1389—LS 7132/DI 116 3
135	135	1 The term does not include a student presentation.
136	136	2 (3) "Educational activity presenter information" means the
137	137	3 following:
138	138	4 (A) The name of a presenter of an educational activity.
139	139	5 (B) The name of the organization, if applicable, that the
140	140	6 presenter of the educational activity represents.
141	141	7 (4) "Interactive computer service" has the meaning set forth
142	142	8 in 47 U.S.C. 230(f)(2).
143	143	9 (5) "K-12 school" means:
144	144	10 (A) a school corporation; or
145	145	11 (B) a charter school.
146	146	12 (6) "K-12 school purposes" means purposes that are directed
147	147	13 by or that customarily take place at the direction of a K-12
148	148	14 school, a teacher, a governing body, the department, or the
149	149	15 state board or that aid in the administration of school
150	150	16 activities, including, but not limited to, instruction in the
151	151	17 classroom or at home, administrative activities, and
152	152	18 collaboration between students, school personnel, or parents,
153	153	19 or are for the use and benefit of the K-12 school.
154	154	20 (7) "Learning material" means any material used for student
155	155	21 instruction by a school corporation or qualified school,
156	156	22 including the following:
157	157	23 (A) Textbooks and other printed materials.
158	158	24 (B) Audiovisual materials.
159	159	25 (C) Materials in electronic or digital formats, including
160	160	26 materials accessible through the Internet.
161	161	27 (D) All materials to be presented or provided to students in
162	162	28 connection with an educational activity.
163	163	29 The term includes a lesson plan, a syllabus, and any materials
164	164	30 that contain curriculum content. The term does not include an
165	165	31 academic test, quiz, or scoring keys.
166	166	32 (8) "Operator" means, to the extent that it is operating in this
167	167	33 capacity, the operator of an Internet web site, online service,
168	168	34 online application, or mobile application with actual
169	169	35 knowledge that the web site, service, or application is used
170	170	36 primarily for K-12 school purposes and was designed and
171	171	37 marketed for K-12 school purposes. The term does not include
172	172	38 a K-12 school or governing body (or the equivalent for a
173	173	39 charter school) that operates an Internet web site, online
174	174	40 service, online application, or mobile application for that K-12
175	175	41 school's or governing body's (or the equivalent for a charter
176	176	42 school) own K-12 school purposes.
177	177	2022 IN 1389—LS 7132/DI 116 4
178	178	1 (9) "Protected right petitioner" means:
179	179	2 (A) a parent or an emancipated minor student; or
180	180	3 (B) a school employee.
181	181	4 (10) "Qualified school" means the following:
182	182	5 (A) A school maintained by a school corporation.
183	183	6 (B) A charter school.
184	184	7 (C) A laboratory school established under IC 20-24.5-2.
185	185	8 (D) The Indiana School for the Blind and Visually
186	186	9 Impaired established by IC 20-21-2-1.
187	187	10 (E) The Indiana School for the Deaf established by
188	188	11 IC 20-22-2-1.
189	189	12 (11) "School psychology" has the meaning set forth in
190	190	13 IC 20-28-1-11.
191	191	14 (12) "Subcontractor" refers to an entity providing a service
192	192	15 to an operator under contract and on its behalf to further a
193	193	16 K-12 school purpose.
194	194	17 (13) "Targeted advertising" means presenting an
195	195	18 advertisement to a student where the advertisement is selected
196	196	19 based on information obtained or inferred over time from
197	197	20 that student's online behavior, use of applications, or covered
198	198	21 information. The term does not include advertising to a
199	199	22 student at an online location based upon that student's
200	200	23 current visit to that location, or in response to that student's
201	201	24 request for information or feedback, without the retention of
202	202	25 that student's online activities or requests over time for the
203	203	26 purpose of targeting subsequent ads.
204	204	27 Chapter 2. Prohibited Curriculum and Practices
205	205	28 Sec. 1. (a) It is hereby declared to be the policy of the state of
206	206	29 Indiana to prohibit discrimination on the basis of race or sex in the
207	207	30 form of bias, stereotyping, scapegoating, classification, or
208	208	31 categorical assignment of traits, morals, values, or characteristics
209	209	32 based solely on race or sex. School corporations and qualified
210	210	33 schools are prohibited from engaging in race based or sex based
211	211	34 discriminatory acts by using methods described in subsection (b),
212	212	35 which result in treating individuals differently on the basis of race
213	213	36 or sex or in the creation of a hostile environment.
214	214	37 (b) A school corporation or qualified school may not include or
215	215	38 promote the following concepts as part of a course, or allow
216	216	39 teachers or other employees of the school corporation or qualified
217	217	40 school to use supplemental instructional materials that include or
218	218	41 promote the following concepts:
219	219	42 (1) One (1) race or sex is inherently superior to another race
220	220	2022 IN 1389—LS 7132/DI 116 5
221	221	1 or sex.
222	222	2 (2) An individual, by virtue of the individual's race or sex, is
223	223	3 inherently privileged, racist, sexist, or oppressive, whether
224	224	4 consciously or subconsciously.
225	225	5 (3) An individual should be discriminated against or receive
226	226	6 adverse treatment because of the individual's race or sex.
227	227	7 (4) Members of one (1) race or sex cannot and should not
228	228	8 attempt to treat others without respect to race or sex.
229	229	9 (5) An individual's moral character is determined by the
230	230	10 individual's race or sex.
231	231	11 (6) An individual, by virtue of the individual's race or sex,
232	232	12 bears responsibility for actions committed in the past by other
233	233	13 members of the same race or sex.
234	234	14 (7) An individual should feel discomfort, guilt, or anguish or
235	235	15 another form of psychological distress solely because of the
236	236	16 individual's race or sex.
237	237	17 (8) Meritocracy or traits such as hard work ethic are racist or
238	238	18 sexist, or designed by a particular race or sex to oppress
239	239	19 members of another race or sex.
240	240	20 (9) Indiana or the United States was founded as a racist or
241	241	21 sexist state or nation and is fundamentally or irredeemably
242	242	22 racist or sexist.
243	243	23 (c) Notwithstanding subsection (b), this section does not prohibit
244	244	24 a school corporation or qualified school from including, as part of
245	245	25 a course, or from allowing teachers or other employees of the
246	246	26 school corporation or qualified school to use, supplemental
247	247	27 instructional materials that provide the following:
248	248	28 (1) The history of an ethnic group.
249	249	29 (2) The impartial discussion of controversial aspects of
250	250	30 history.
251	251	31 (3) The impartial instruction on the historical oppression of a
252	252	32 particular group of people based on race, ethnicity, class,
253	253	33 nationality, religion, or geographic region.
254	254	34 (4) Historical documents relevant to topics described in
255	255	35 subdivisions (1) through (3).
256	256	36 (d) Nothing in this section may be construed to prohibit the
257	257	37 required collection or reporting of demographic data by a school
258	258	38 corporation or qualified school.
259	259	39 Sec. 2. A school corporation or qualified school may not do the
260	260	40 following:
261	261	41 (1) Provide, contract to provide, offer, or sponsor any course
262	262	42 that includes, incorporates, or is based on practices prohibited
263	263	2022 IN 1389—LS 7132/DI 116 6
264	264	1 under this chapter.
265	265	2 (2) Use money, property, assets, or resources for a purpose
266	266	3 that includes, incorporates, or is based on practices prohibited
267	267	4 under this chapter.
268	268	5 (3) Adopt programs or use curricular material, instructional
269	269	6 material, curriculum, classroom assignments, orientation,
270	270	7 interventions, or counseling that include, incorporate, or are
271	271	8 based on practices prohibited under this chapter.
272	272	9 (4) Execute a contract or agreement with an internal or
273	273	10 external entity or person to provide services, training,
274	274	11 professional development, or any other assistance that
275	275	12 includes or incorporates practices prohibited under this
276	276	13 chapter.
277	277	14 (5) Receive or apply to receive money that requires, as a
278	278	15 condition of receipt of the money, the adoption of a course,
279	279	16 policy, curriculum, or any other instructional material that
280	280	17 includes, incorporates, or is based on practices prohibited
281	281	18 under this chapter.
282	282	19 (6) Adopt diversity, equity, or inclusion plans or training for
283	283	20 students or school employees that includes, incorporates, or
284	284	21 is based on practices prohibited under this chapter. A
285	285	22 diversity officer at a school corporation, qualified school, or
286	286	23 educational program is prohibited from providing any service
287	287	24 or performing any duty that includes, incorporates, or is
288	288	25 based on practices prohibited under this chapter.
289	289	26 (7) Adopt policies, including grading or admissions policies, or
290	290	27 providing any other benefit or service that applies to students
291	291	28 or school employees differently on the basis of race or sex.
292	292	29 This includes segregated classes, programs, training sessions,
293	293	30 extracurricular activities, or affinity groups.
294	294	31 Sec. 3. Neither the state board nor the department may do the
295	295	32 following:
296	296	33 (1) Establish or mandate any state standard or adopt any rule
297	297	34 under IC 4-22-2 that includes, incorporates, or is based on
298	298	35 practices prohibited under this chapter.
299	299	36 (2) Provide:
300	300	37 (A) resources;
301	301	38 (B) instructional support; or
302	302	39 (C) courses;
303	303	40 that include, incorporate, or are based on practices prohibited
304	304	41 under this chapter. This prohibition includes executing
305	305	42 contracts or agreements with an external entity or individual
306	306	2022 IN 1389—LS 7132/DI 116 7
307	307	1 to provide services, courses, or any other assistance that
308	308	2 includes, incorporates, or is based on practices prohibited
309	309	3 under this chapter.
310	310	4 (3) Receive or apply to receive money that requires, as a
311	311	5 condition of receipt of the money, the adoption of programs,
312	312	6 policies, curriculum, or any other learning material that
313	313	7 includes, incorporates, or is based on practices prohibited
314	314	8 under this chapter.
315	315	9 Sec. 4. (a) If a state agency (as defined in IC 4-13-1.4-2), a school
316	316	10 corporation, or a qualified school, or an employee of a state agency,
317	317	11 school corporation, or qualified school, requires, makes part of a
318	318	12 course, awards a grade or course credit, including extra credit, or
319	319	13 otherwise incentivizes a student to engage in either:
320	320	14 (1) political activism, lobbying, or efforts to persuade
321	321	15 members of the legislative or executive branch at the federal,
322	322	16 state, or local level; or
323	323	17 (2) participation in any internship, practicum, or similar
324	324	18 activity involving social or public policy advocacy;
325	325	19 the state agency, school corporation, or qualified school, or
326	326	20 employee of the state agency, school corporation, or qualified
327	327	21 school, shall not require the student to adopt, affirm, affiliate, or
328	328	22 take any action that would result in favoring any particular
329	329	23 position on the issue or issues involved.
330	330	24 (b) It is the duty of the state agency (as defined in IC 4-13-1.4-2),
331	331	25 school corporation, or qualified school, or an employee of the state
332	332	26 agency, school corporation, or qualified school to remain impartial
333	333	27 in activities described in subsection (a)(1) and (a)(2), and to ensure
334	334	28 that students are free to express their own beliefs and viewpoints
335	335	29 concerning activities described in subsection (a)(1) and (a)(2)
336	336	30 without discrimination.
337	337	31 Sec. 5. (a) This section does not apply to an academic test or
338	338	32 assessment.
339	339	33 (b) If a school corporation or qualified school uses a third party
340	340	34 vendor in providing a personal analysis, evaluation, or survey that
341	341	35 reveals, identifies, collects, maintains, or attempts to affect a
342	342	36 student's attitudes, habits, traits, opinions, beliefs, or feelings, the
343	343	37 third party vendor and the school corporation or qualified school
344	344	38 may not collect or maintain the responses to or results of the
345	345	39 analysis, evaluation, or survey in a manner that would identify the
346	346	40 responses or results of an individual student.
347	347	41 Sec. 6. (a) Before a school corporation or charter school may
348	348	42 provide or administer school psychology services to a student, the
349	349	2022 IN 1389—LS 7132/DI 116 8
350	350	1 school must provide the parent of the student or the student, if the
351	351	2 student is an adult or an emancipated minor, with a written
352	352	3 request for consent to provide or administer school psychology
353	353	4 services. A consent form provided to a parent of a student or a
354	354	5 student, if the student is an adult or an emancipated minor, under
355	355	6 this subsection must accurately summarize the contents and nature
356	356	7 of the school psychology services that will be provided to the
357	357	8 student and indicate that a parent of a student or the adult or
358	358	9 emancipated minor student has the right to review and inspect all
359	359	10 materials related to the school psychology services to be provided
360	360	11 to the student. The written consent form may be sent in an
361	361	12 electronic format. The parent of the student or the student, if the
362	362	13 student is an adult or an emancipated minor, may return the
363	363	14 consent form indicating that the parent of the student or the adult
364	364	15 or emancipated minor student consents to the provision or
365	365	16 administration of school psychology services to the student. The
366	366	17 school corporation or charter school may not provide school
367	367	18 psychology services to a student if the parent of the student or the
368	368	19 emancipated minor student does not provide written consent under
369	369	20 this section.
370	370	21 (b) The department and the governing body shall give parents
371	371	22 and students notice of their rights under this section.
372	372	23 (c) The governing body shall enforce this section.
373	373	24 Chapter 3. Transparency
374	374	25 Sec. 1. (a) This section applies to a learning material or
375	375	26 educational activity to which any of the following apply:
376	376	27 (1) The learning material or educational activity is or is
377	377	28 intended to be assigned, distributed, or otherwise presented
378	378	29 to:
379	379	30 (A) a student in a course or class for which the student
380	380	31 receives credit;
381	381	32 (B) a student if use of the learning material or
382	382	33 participation in the educational activity is required by the
383	383	34 school corporation or qualified school; or
384	384	35 (C) a student and at least a majority of students at a grade
385	385	36 level are expected to use the learning material or
386	386	37 participate in the educational activity.
387	387	38 (2) The learning material is or is intended to be included in a
388	388	39 defined list of learning materials from which the students are
389	389	40 required to select one (1) or more of the learning materials.
390	390	41 (3) The learning material or educational activity is created by:
391	391	42 (A) the department;
392	392	2022 IN 1389—LS 7132/DI 116 9
393	393	1 (B) the governing body of a school corporation or qualified
394	394	2 school; or
395	395	3 (C) an employee of a school corporation or qualified
396	396	4 school.
397	397	5 (b) Not later than July 30, 2022, and not later than June 30 each
398	398	6 year thereafter, each qualified school shall post on the qualified
399	399	7 school's Internet web site, in a manner accessible by the public, the
400	400	8 following:
401	401	9 (1) Information concerning any learning material or
402	402	10 educational activity that is or is intended to be used for
403	403	11 student instruction by the qualified school in the immediately
404	404	12 following school year, organized by grade level, teacher, and
405	405	13 subject area. The information posted under this subdivision
406	406	14 must include the following:
407	407	15 (A) The title and author, organization, or Internet web site
408	408	16 associated with each learning material and educational
409	409	17 activity.
410	410	18 (B) The full text or a copy of the learning material or
411	411	19 educational activity. A qualified school is not required to
412	412	20 include the full text or copy of learning material or an
413	413	21 educational activity under this clause if the qualified school
414	414	22 provides a link to an Internet web site that contains the full
415	415	23 text or a copy of the learning material or educational
416	416	24 activity.
417	417	25 (2) Any procedures or policies in effect for the documentation,
418	418	26 review, or approval of learning materials or educational
419	419	27 activities used for student instruction.
420	420	28 (c) Each qualified school shall:
421	421	29 (1) update the information described in subsection (b) at least
422	422	30 one (1) time each semester; and
423	423	31 (2) post a notice on the qualified school's Internet web site
424	424	32 that the information has been updated and the date on which
425	425	33 the information was updated.
426	426	34 (d) This section may not be construed to require a qualified
427	427	35 school to post learning material or information concerning an
428	428	36 educational activity in a manner that would constitute an
429	429	37 infringement of copyright under the federal Copyright Act (17
430	430	38 U.S.C. 101 et seq.).
431	431	39 (e) The department shall:
432	432	40 (1) develop a model plan for presenting the information
433	433	41 described in this section on a qualified school's Internet web
434	434	42 site; and
435	435	2022 IN 1389—LS 7132/DI 116 10
436	436	1 (2) post the model on the department's Internet web site.
437	437	2 Sec. 2. (a) Upon request of a parent of a student enrolled in a
438	438	3 school corporation or qualified school, the school corporation or
439	439	4 qualified school shall make available, in the manner prescribed in
440	440	5 subsection (b), for inspection to the parent of the student:
441	441	6 (1) learning material for the particular student; and
442	442	7 (2) educational activity presenter information for educational
443	443	8 activity presenters currently scheduled for an educational
444	444	9 activity or who conducted an educational activity within
445	445	10 twelve (12) months preceding the date of the request
446	446	11 submitted under this subsection at the particular school that
447	447	12 the student currently attends.
448	448	13 (b) A school corporation or qualified school shall make the
449	449	14 information described in subsection (a) available for inspection at
450	450	15 the particular school that the student attends during normal school
451	451	16 office hours in a manner prescribed by the school corporation or
452	452	17 qualified school within five (5) business days of receipt of the
453	453	18 request. In addition, the school corporation or qualified school may
454	454	19 make the information available to a parent:
455	455	20 (1) by posting the learning material or educational activity
456	456	21 presenter information on the school corporation's or qualified
457	457	22 school's Internet web site;
458	458	23 (2) by providing the information to the parent of the student
459	459	24 by electronic mail; or
460	460	25 (3) by delivering, through regular mail or hand delivery,
461	461	26 photocopies of the learning material or educational activity
462	462	27 presenter information. A school corporation or qualified
463	463	28 school may charge a fee under this subdivision in accordance
464	464	29 with IC 5-14-3-8.
465	465	30 Sec. 3. Every teacher who teaches a class at a school corporation
466	466	31 or qualified school shall provide a student's parent or an adult or
467	467	32 emancipated minor student a syllabus for the particular class the
468	468	33 teacher teaches within five (5) school days of the date that students
469	469	34 start the school year.
470	470	35 Sec. 4. Within forty-five (45) days from the later of:
471	471	36 (1) the first student school day of the school corporation or
472	472	37 qualified school; or
473	473	38 (2) the date a student enrolls in a school corporation or
474	474	39 qualified school;
475	475	40 the school corporation or qualified school shall notify, in a manner
476	476	41 prescribed by the school corporation or qualified school, the
477	477	42 student's parent or adult or emancipated minor student that
478	478	2022 IN 1389—LS 7132/DI 116 11
479	479	1 learning materials and educational activity presenter information
480	480	2 are available for inspection in the manner prescribed in this
481	481	3 chapter. The notification must include a copy of this chapter.
482	482	4 Chapter 4. Student Online Privacy Protection
483	483	5 Sec. 1. An operator shall not knowingly do any of the following:
484	484	6 (1) Engage in targeted advertising on the operator's site,
485	485	7 service, or application, or target advertising on any other site,
486	486	8 service, or application if the targeting of the advertising is
487	487	9 based on any information, including covered information and
488	488	10 persistent unique identifiers, that the operator has acquired
489	489	11 because of the use of that operator's site, service, or
490	490	12 application for K-12 school purposes.
491	491	13 (2) Use information, including persistent unique identifiers,
492	492	14 created or gathered by the operator's site, service, or
493	493	15 application, to amass a profile about a student except in
494	494	16 furtherance of K-12 school purposes. As used in this
495	495	17 subdivision, "amass a profile" does not include the collection
496	496	18 and retention of account information that remains under the
497	497	19 control of the student, the student's parent or guardian, or
498	498	20 K-12 school.
499	499	21 (3) Sell or rent a student's information, including covered
500	500	22 information. This subdivision does not apply to the purchase,
501	501	23 merger, or other type of acquisition of an operator by another
502	502	24 entity, if the operator or successor entity complies with this
503	503	25 section regarding previously acquired student information, or
504	504	26 to a nationally recognized college entrance exam provider if
505	505	27 the provider secures the express written consent of the parent
506	506	28 given in response to clear and conspicuous notice, solely to
507	507	29 provide access to employment, educational scholarships or
508	508	30 financial aid, and to postsecondary educational opportunities.
509	509	31 (4) Except as otherwise provided in section 5 of this chapter,
510	510	32 disclose covered information unless the disclosure is made for
511	511	33 the following purposes:
512	512	34 (A) In furtherance of the K-12 school purpose of the site,
513	513	35 service, or application, if the recipient of the covered
514	514	36 information disclosed under this clause does not further
515	515	37 disclose the information unless done to allow or improve
516	516	38 operability and functionality of the operator's site, service,
517	517	39 or application.
518	518	40 (B) To ensure legal and regulatory compliance or protect
519	519	41 against liability.
520	520	42 (C) To respond to or participate in the judicial process.
521	521	2022 IN 1389—LS 7132/DI 116 12
522	522	1 (D) To protect the safety or integrity of users of the site or
523	523	2 others or the security of the site, service, or application.
524	524	3 (E) To a third party for a school, educational, or
525	525	4 employment purpose requested by the student or the
526	526	5 student's parent or guardian, provided that information is
527	527	6 required not to be used or further disclosed by the third
528	528	7 party for any other purpose.
529	529	8 (F) To a subcontractor, if the operator contractually
530	530	9 prohibits the subcontractor from using any covered
531	531	10 information for any purpose other than providing the
532	532	11 contracted service to or on behalf of the operator,
533	533	12 prohibits the subcontractor from disclosing any covered
534	534	13 information provided by the operator with subsequent
535	535	14 third parties, and requires the subcontractor to implement
536	536	15 and maintain reasonable security procedures and
537	537	16 practices. This clause does not prohibit the operator's use
538	538	17 of information for maintaining, developing, supporting,
539	539	18 improving, or diagnosing the operator's site, service, or
540	540	19 application.
541	541	20 Sec. 2. An operator shall do all of the following:
542	542	21 (1) Implement and maintain reasonable security procedures
543	543	22 and practices appropriate to the nature of the covered
544	544	23 information and protect that covered information from
545	545	24 unauthorized access, destruction, use, modification, or
546	546	25 disclosure.
547	547	26 (2) Delete a student's covered information within forty-five
548	548	27 (45) days if the K-12 school or the governing body (or the
549	549	28 equivalent for a charter school) requests deletion of covered
550	550	29 information under the control of the K-12 school or the
551	551	30 governing body (or the equivalent for a charter school), or the
552	552	31 K-12 school or the governing body (or the equivalent for a
553	553	32 charter school) notifies the operator of completion of services
554	554	33 with that operator, unless a parent or adult or emancipated
555	555	34 minor student provides express written consent given in
556	556	35 response to clear and conspicuous notice to the maintenance
557	557	36 of the covered information.
558	558	37 Sec. 3. An operator may use or disclose covered information of
559	559	38 a student under the following circumstances:
560	560	39 (1) If other provisions of federal or state law require the
561	561	40 operator to disclose the information and the operator
562	562	41 complies with the requirements of federal and state law in
563	563	42 protecting and disclosing that information.
564	564	2022 IN 1389—LS 7132/DI 116 13
565	565	1 (2) As long as no covered information is used for advertising
566	566	2 or to amass a profile on the student for purposes other than
567	567	3 K-12 school purposes, for legitimate research purposes as
568	568	4 required by state or federal law and subject to the restrictions
569	569	5 under applicable state and federal law or as allowed by state
570	570	6 or federal law in furtherance of K-12 school purposes or
571	571	7 postsecondary educational purposes.
572	572	8 (3) To a K-12 school, the department, or the state board, for
573	573	9 K-12 school purposes, as permitted by state or federal law.
574	574	10 (4) At the direction of a K-12 school, department, or the state
575	575	11 board, for K-12 school purposes, as permitted by state or
576	576	12 federal law.
577	577	13 Sec. 4. This chapter does not prohibit an operator from doing
578	578	14 any of the following:
579	579	15 (1) Using covered information that is not associated with an
580	580	16 identified student within the operator's site, service, or
581	581	17 application or other sites, services, or applications owned by
582	582	18 the operator to improve educational products.
583	583	19 (2) Using covered information that is not associated with an
584	584	20 identified student to demonstrate the effectiveness of the
585	585	21 operator's products or services, including in their marketing.
586	586	22 (3) Sharing covered information that is not associated with an
587	587	23 identified student for the development and improvement of
588	588	24 educational sites, services, or applications.
589	589	25 (4) Using recommendation engines to recommend to a student
590	590	26 either of the following:
591	591	27 (A) Additional content relating to an educational, other
592	592	28 learning, or employment opportunity purpose within the
593	593	29 operator's site, service, or application if the
594	594	30 recommendation is not determined in whole or in part by
595	595	31 payment or other consideration from a third party.
596	596	32 (B) Additional services relating to an educational, other
597	597	33 learning, or employment opportunity purpose within the
598	598	34 operator's site, service, or application if the
599	599	35 recommendation is not determined in whole or in part by
600	600	36 payment or other consideration from a third party.
601	601	37 (5) Responding to a student's request for information or for
602	602	38 feedback to help improve learning without the information or
603	603	39 response being determined in whole or in part by payment or
604	604	40 other consideration from a third party.
605	605	41 Sec. 5. This chapter does not do any of the following:
606	606	42 (1) Limit the authority of a law enforcement agency to obtain
607	607	2022 IN 1389—LS 7132/DI 116 14
608	608	1 any content or information from an operator as authorized by
609	609	2 law or under a court order.
610	610	3 (2) Limit the ability of an operator to use student data,
611	611	4 including covered information, for adaptive learning or
612	612	5 customized student learning purposes.
613	613	6 (3) Apply to general audience Internet web sites, general
614	614	7 audience online services, general audience online applications,
615	615	8 or general audience mobile applications, even if login
616	616	9 credentials created for an operator's site, service, or
617	617	10 application may be used to access those general audience sites,
618	618	11 services, or applications.
619	619	12 (4) Limit service providers from providing Internet
620	620	13 connectivity to schools or students and their families.
621	621	14 (5) Prohibit an operator of an Internet web site, online
622	622	15 service, online application, or mobile application from
623	623	16 marketing educational products directly to parents if the
624	624	17 marketing did not result from the use of covered information
625	625	18 obtained by the operator through the provision of services
626	626	19 covered under this chapter.
627	627	20 (6) Impose a duty upon a provider of an electronic store,
628	628	21 gateway, marketplace, or other means of purchasing or
629	629	22 downloading software or applications to review or enforce
630	630	23 compliance with this section on those applications or software.
631	631	24 (7) Impose a duty upon a provider of an interactive computer
632	632	25 service to review or enforce compliance with this section by
633	633	26 third party content providers.
634	634	27 (8) Prohibit students from downloading, exporting,
635	635	28 transferring, saving, or maintaining their own student data or
636	636	29 documents.
637	637	30 Sec. 6. A parent, K-12 school, teacher, member of a governing
638	638	31 body (or the equivalent for a charter school), department, or the
639	639	32 state board may report an alleged violation of section 1, 2, or 3 of
640	640	33 this chapter to the attorney general. The attorney general, upon
641	641	34 ascertaining that an operator has violated section 1, 2, or 3 of this
642	642	35 chapter, may bring a civil action seeking injunctive and other
643	643	36 equitable relief.
644	644	37 Sec. 7. Each school corporation or qualified school shall post
645	645	38 any contract with an operator on the school corporation's or
646	646	39 qualified school's Internet web site.
647	647	40 Chapter 5. Compliance
648	648	41 Sec. 1. (a) The department shall develop a complaint form to be
649	649	42 used by a protected right petitioner to file a complaint with a
650	650	2022 IN 1389—LS 7132/DI 116 15
651	651	1 school corporation or qualified school in the manner described in
652	652	2 section 2 of this chapter alleging a violation under this article. The
653	653	3 complaint form must contain the following information:
654	654	4 (1) The date of the complaint.
655	655	5 (2) The date or dates that the alleged violation under this
656	656	6 article occurred.
657	657	7 (3) A detailed description of the alleged violation under this
658	658	8 article.
659	659	9 (4) Information necessary to enable the school corporation or
660	660	10 qualified school to investigate the alleged violation under this
661	661	11 article.
662	662	12 (5) The option for the protected right petitioner to provide the
663	663	13 identification of witnesses the school corporation or qualified
664	664	14 school may interview, if applicable.
665	665	15 (b) The department shall maintain a copy of the complaint form
666	666	16 on the department's Internet web site. In addition, each school
667	667	17 corporation and qualified school must maintain a link to the
668	668	18 complaint form on the school corporation's or qualified school's
669	669	19 Internet web site.
670	670	20 Sec. 2. (a) A protected right petitioner may file a complaint form
671	671	21 developed by the department under section 1 of this chapter with
672	672	22 a school corporation or qualified school alleging a violation of this
673	673	23 article. The school corporation or qualified school shall investigate
674	674	24 each complaint to determine whether a violation occurred.
675	675	25 (b) Each school corporation shall designate at least one (1)
676	676	26 employee to respond to complaints under this chapter. Every
677	677	27 qualified school, other than a qualified school that is part of a
678	678	28 school corporation, shall designate at least one (1) employee to
679	679	29 review complaints under this chapter submitted to the particular
680	680	30 qualified school. Each school corporation or qualified school shall
681	681	31 include contact information including the:
682	682	32 (1) name;
683	683	33 (2) address;
684	684	34 (3) telephone number; and
685	685	35 (4) electronic mail address;
686	686	36 for the designated individual on the school corporation's or
687	687	37 qualified school's Internet web site.
688	688	38 (c) Upon receipt of a complaint form, the school corporation or
689	689	39 qualified school shall acknowledge receipt of the complaint form
690	690	40 not later than three (3) business days after receipt of the complaint
691	691	41 form. The school corporation or qualified school shall investigate
692	692	42 the complaint within ten (10) business days after receipt of the
693	693	2022 IN 1389—LS 7132/DI 116 16
694	694	1 complaint form and make findings that shall be sent by mail to the
695	695	2 protected right petitioner. If the school corporation or qualified
696	696	3 school finds:
697	697	4 (1) that a violation under this article occurred, the findings
698	698	5 must include a description of how the school corporation or
699	699	6 qualified school will remedy the violation; or
700	700	7 (2) that a violation under this article did not occur, the
701	701	8 findings must include an explanation of the school
702	702	9 corporation's or qualified school's findings.
703	703	10 The school corporation or qualified school shall provide the
704	704	11 protected right petitioner notice of the protected right petitioner's
705	705	12 right to appeal and the deadline to appeal the findings under
706	706	13 section 3 of this chapter with a copy of the findings mailed to the
707	707	14 protected right petitioner under this subsection.
708	708	15 (d) Nothing in this section may be construed to require a school
709	709	16 corporation or qualified school to disclose personal identifiable
710	710	17 information of a student.
711	711	18 (e) The school corporation or qualified school shall send a copy
712	712	19 of the findings made under subsection (c) to the attorney general
713	713	20 for review under section 4 of this chapter if the protected right
714	714	21 petitioner does not appeal the findings under section 3 of this
715	715	22 chapter. The school corporation or qualified school shall submit a
716	716	23 copy of the school corporation's or qualified school's findings to the
717	717	24 attorney general not later than five (5) business days after the date
718	718	25 required for an appeal to be considered timely under section 3 of
719	719	26 this chapter.
720	720	27 Sec. 3. (a) A protected right petitioner may appeal a school
721	721	28 corporation's or qualified school's findings made under section 2
722	722	29 of this chapter if the protected right petitioner believes that the
723	723	30 school corporation or qualified school has incorrectly refused to
724	724	31 investigate a complaint form or the protected right petitioner has
725	725	32 evidence that a school corporation or qualified school has reached
726	726	33 an incorrect determination under section 2 of this chapter. The
727	727	34 appeal must be submitted to the department by the protected right
728	728	35 petitioner not later than thirty (30) days after the date of the school
729	729	36 corporation's or qualified school's findings and notice of the
730	730	37 protected right petitioner's right to appeal were mailed to the
731	731	38 protected right petitioner under section 2 of this chapter. The
732	732	39 appeal must be submitted to the department on a form prescribed
733	733	40 by the department. The form shall be available on the
734	734	41 department's Internet web site, and the school corporation or
735	735	42 qualified school must maintain a link to the form on the school
736	736	2022 IN 1389—LS 7132/DI 116 17
737	737	1 corporation's or qualified school's Internet web site.
738	738	2 (b) The department shall send notice to the school corporation
739	739	3 or qualified school of an appeal submitted under this section not
740	740	4 later than three (3) business days after receipt of the appeal.
741	741	5 (c) The department shall appoint an administrative law judge
742	742	6 and conduct adjudicative proceedings under this section in
743	743	7 accordance with IC 4-21.5-3. An administrative law judge shall
744	744	8 issue a final order in accordance to IC 4-21.5-3-27.
745	745	9 (d) If an administrative law judge determines that the school
746	746	10 corporation or qualified school committed a violation under this
747	747	11 article, the final order may do any of the following:
748	748	12 (1) Require the school corporation or qualified school to
749	749	13 remedy the violation under this article.
750	750	14 (2) Withhold state tuition support under IC 20-43 for the
751	751	15 school corporation or qualified school until the violation is
752	752	16 remedied in accordance with the final order.
753	753	17 (3) Include a recommendation for the attorney general to
754	754	18 assess a civil penalty in accordance with section 4 of this
755	755	19 chapter.
756	756	20 A school corporation or qualified school shall comply with a final
757	757	21 order issued by the department.
758	758	22 (e) The department shall submit a copy of the department's final
759	759	23 order to the attorney general not later than five (5) business days
760	760	24 after the date the final order is issued.
761	761	25 Sec. 4. (a) Upon receipt of either:
762	762	26 (1) the findings submitted by a school corporation or qualified
763	763	27 school under section 2 of this chapter; or
764	764	28 (2) a final order submitted by the department under section
765	765	29 3 of this chapter;
766	766	30 the attorney general or the attorney general's designee shall review
767	767	31 the findings of the school corporation, qualified school, or
768	768	32 department. The attorney general may request additional
769	769	33 information from the school corporation, qualified school, or
770	770	34 department necessary to review the findings or final order.
771	771	35 (b) If, after conducting the review described in subsection (a),
772	772	36 the attorney general determines that a violation occurred, the
773	773	37 attorney general may assess a civil penalty against the school
774	774	38 corporation or qualified school in an amount determined under
775	775	39 subsection (c). A civil penalty assessed under this subsection must
776	776	40 be deposited in the Indiana secured school fund established by
777	777	41 IC 10-21-1-2.
778	778	42 (c) The amount of a civil penalty under subsection (b) is as
779	779	2022 IN 1389—LS 7132/DI 116 18
780	780	1 follows:
781	781	2 (1) For a first violation, at least one thousand dollars ($1,000)
782	782	3 but less than five thousand dollars ($5,000) for each student
783	783	4 who is the subject of a violation under this section.
784	784	5 (2) For a second violation, at least five thousand dollars
785	785	6 ($5,000) but less than ten thousand dollars ($10,000) for each
786	786	7 student who is the subject of a violation under this section.
787	787	8 (3) For any violation after a second violation, at least ten
788	788	9 thousand dollars ($10,000) for each student who is the subject
789	789	10 of a violation under this section.
790	790	11 Sec. 5. (a) A protected right petitioner may bring a civil action
791	791	12 against a school corporation or qualified school if the protected
792	792	13 right petitioner is the subject of a violation under this article by the
793	793	14 school corporation or qualified school.
794	794	15 (b) A court may award the following to a protected right
795	795	16 petitioner who prevails in a civil action under this section:
796	796	17 (1) Court costs and reasonable attorney's fees.
797	797	18 (2) The greater of:
798	798	19 (A) actual damages resulting from the violation; or
799	799	20 (B) liquidated damages in an amount of five thousand
800	800	21 dollars ($5,000).
801	801	22 Sec. 6. (a) A school corporation or qualified school may not take
802	802	23 any retaliatory action against any protected right petitioner, or any
803	803	24 other person related to or associated with the protected right
804	804	25 petitioner, who exercises any right under this article.
805	805	26 (b) A school corporation or qualified school may not take any
806	806	27 retaliatory action against any protected right petitioner, or any
807	807	28 other person related to or associated with the protected right
808	808	29 petitioner, who files a complaint under this chapter.
809	809	30 (c) A court may award the following to an individual who
810	810	31 prevails in a civil action under this section:
811	811	32 (1) Court costs and reasonable attorney's fees.
812	812	33 (2) The greater of:
813	813	34 (A) actual damages resulting from the violation; or
814	814	35 (B) liquidated damages in an amount of five thousand
815	815	36 dollars ($5,000).
816	816	37 Chapter 6. Rulemaking
817	817	38 Sec. 1. The state board shall adopt rules under IC 4-22-2 to
818	818	39 implement this article.
819	819	40 SECTION 2. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
820	820	41 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
821	821	42 JULY 1, 2022]: Sec. 17. (a) Each school corporation shall make
822	822	2022 IN 1389—LS 7132/DI 116 19
823	823	1 available for inspection by the parent of a student any instructional
824	824	2 materials, including teachers' manuals, curricular materials, films or
825	825	3 other video materials, tapes, and other materials, used in connection
826	826	4 with:
827	827	5 (1) a personal analysis, an evaluation, or a survey described in
828	828	6 subsection (b); or
829	829	7 (2) instruction on human sexuality.
830	830	8 (b) This subsection does not apply to an academic test or
831	831	9 assessment. A student shall not be required to participate in a personal
832	832	10 analysis, an evaluation, or a survey that is not directly related to
833	833	11 academic instruction and that reveals or attempts to affect the student's
834	834	12 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
835	835	13 (1) political affiliations;
836	836	14 (2) religious beliefs or practices;
837	837	15 (3) mental or psychological conditions that may embarrass the
838	838	16 student or the student's family;
839	839	17 (4) sexual behavior or attitudes;
840	840	18 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
841	841	19 (6) critical appraisals of other individuals with whom the student
842	842	20 has a close family relationship;
843	843	21 (7) legally recognized privileged or confidential relationships,
844	844	22 including a relationship with a lawyer, minister, or physician; or
845	845	23 (8) income (except as required by law to determine eligibility for
846	846	24 participation in a program or for receiving financial assistance
847	847	25 under a program);
848	848	26 established or administered by:
849	849	27 (1) a school corporation;
850	850	28 (2) a school;
851	851	29 (3) the department; or
852	852	30 (4) a third party vendor of a school corporation, a school, or
853	853	31 the department;
854	854	32 without the prior consent of the student if the student is an adult or an
855	855	33 emancipated minor or the prior written consent of the student's parent
856	856	34 if the student is an unemancipated minor. A parental consent form for
857	857	35 a personal analysis, an evaluation, or a survey described in this
858	858	36 subsection shall accurately reflect the contents and nature of the
859	859	37 personal analysis, evaluation, or survey.
860	860	38 (c) Before a school may provide a student with instruction on human
861	861	39 sexuality, the school must provide the parent of the student or the
862	862	40 student, if the student is an adult or an emancipated minor, with a
863	863	41 written request for consent of instruction. A consent form provided to
864	864	42 a parent of a student or a student under this subsection must accurately
865	865	2022 IN 1389—LS 7132/DI 116 20
866	866	1 summarize the contents and nature of the instruction on human
867	867	2 sexuality that will be provided to the student and indicate that a parent
868	868	3 of a student or an adult or emancipated minor student has the right to
869	869	4 review and inspect all materials related to the instruction on human
870	870	5 sexuality. The written consent form may be sent in an electronic
871	871	6 format. The parent of the student or the student, if the student is an
872	872	7 adult or an emancipated minor, may return the consent form indicating
873	873	8 that the parent of the student or the adult or emancipated student:
874	874	9 (1) consents to the instruction; or
875	875	10 (2) declines instruction.
876	876	11 If a student does not participate in the instruction on human sexuality,
877	877	12 the school shall provide the student with alternative academic
878	878	13 instruction during the same time frame that the instruction on human
879	879	14 sexuality is provided.
880	880	15 (d) If the parent of the student or the student, if the student is an
881	881	16 adult or an emancipated minor, does not respond to the written request
882	882	17 provided by the school under subsection (c) within twenty-one (21)
883	883	18 calendar days after receiving the request under subsection (c), the
884	884	19 school shall provide the parent of the student, or the student, if the
885	885	20 student is an adult or an emancipated minor, a written notice requesting
886	886	21 that the parent of the student, or the student, if the student is an adult
887	887	22 or an emancipated minor, indicate, in a manner prescribed by the
888	888	23 school, whether the parent of the student or the adult or emancipated
889	889	24 student:
890	890	25 (1) consents to the instruction; or
891	891	26 (2) declines instruction.
892	892	27 A notice provided to a parent of a student or a student under this
893	893	28 subsection must accurately summarize the contents and nature of the
894	894	29 instruction on human sexuality that will be provided to the student and
895	895	30 indicate that a parent of a student or an adult or emancipated minor
896	896	31 student has the right to review and inspect all materials related to the
897	897	32 instruction on human sexuality. The notice may be sent in an electronic
898	898	33 format. If the school does not receive a response within ten (10) days
899	899	34 after the notice, the student will receive the instruction on human
900	900	35 sexuality unless the parent or the adult or emancipated student
901	901	36 subsequently opts out of the instruction for the student.
902	902	37 (e) The department and the governing body shall give parents and
903	903	38 students notice of their rights under this section.
904	904	39 (f) The governing body shall enforce this section.
905	905	2022 IN 1389—LS 7132/DI 116