IN
Indiana Senate Bill SB0063

Indiana 2022 Regular Session

Indiana Senate Bill SB0063 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 63
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-24; IC 20-24.5-3-5; IC 20-30-16-6;
77 IC 20-33-1; IC 20-42-3-10; IC 20-51-4-3.
88 Synopsis: Equal educational opportunity. Extends certain
99 antidiscrimination educational rights statutes to prohibit discrimination
1010 based on sexual orientation and gender identity.
1111 Effective: July 1, 2022.
1212 Ford J.D.
1313 January 4, 2022, read first time and referred to Committee on Education and Career
1414 Development.
1515 2022 IN 63—LS 6154/DI 147 Introduced
1616 Second Regular Session of the 122nd General Assembly (2022)
1717 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1818 Constitution) is being amended, the text of the existing provision will appear in this style type,
1919 additions will appear in this style type, and deletions will appear in this style type.
2020 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2121 provision adopted), the text of the new provision will appear in this style type. Also, the
2222 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2323 a new provision to the Indiana Code or the Indiana Constitution.
2424 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2525 between statutes enacted by the 2021 Regular Session of the General Assembly.
2626 SENATE BILL No. 63
2727 A BILL FOR AN ACT to amend the Indiana Code concerning
2828 education.
2929 Be it enacted by the General Assembly of the State of Indiana:
3030 1 SECTION 1. IC 20-24-2-2, AS ADDED BY P.L.1-2005, SECTION
3131 2 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
3232 3 2022]: Sec. 2. A charter school is subject to all federal and state laws
3333 4 and constitutional provisions that prohibit discrimination on the basis
3434 5 of the following:
3535 6 (1) Disability.
3636 7 (2) Race.
3737 8 (3) Color.
3838 9 (4) Gender.
3939 10 (5) National origin.
4040 11 (6) Religion.
4141 12 (7) Ancestry.
4242 13 (8) Sexual orientation.
4343 14 (9) Gender identity.
4444 15 SECTION 2. IC 20-24-5-5, AS AMENDED BY P.L.216-2021,
4545 16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4646 17 JULY 1, 2022]: Sec. 5. (a) Except as provided in subsections (b), (c),
4747 2022 IN 63—LS 6154/DI 147 2
4848 1 (d), (e), (f), and (g) and section 4.5 of this chapter, a charter school
4949 2 must enroll any eligible student who submits a timely application for
5050 3 enrollment.
5151 4 (b) This subsection applies if the number of applications for a
5252 5 program, class, grade level, or building exceeds the capacity of the
5353 6 program, class, grade level, or building. If a charter school receives a
5454 7 greater number of applications than there are spaces for students, each
5555 8 timely applicant must be given an equal chance of admission. The
5656 9 organizer must determine which of the applicants will be admitted to
5757 10 the charter school or the program, class, grade level, or building by
5858 11 random drawing in a public meeting, with each timely applicant limited
5959 12 to one (1) entry in the drawing. However, the organizer of a charter
6060 13 school located in a county with a consolidated city shall determine
6161 14 which of the applicants will be admitted to the charter school or the
6262 15 program, class, grade level, or building by using a publicly verifiable
6363 16 random selection process.
6464 17 (c) A charter school may limit new admissions to the charter school
6565 18 to:
6666 19 (1) ensure that a student who attends the charter school during a
6767 20 school year may continue to attend the charter school in
6868 21 subsequent years;
6969 22 (2) ensure that a student who attends a charter school during a
7070 23 school year may continue to attend a different charter school held
7171 24 by the same organizer in subsequent years;
7272 25 (3) allow the siblings of a student alumnus or a current student
7373 26 who attends a charter school or a charter school held by the same
7474 27 organizer to attend the same charter school the student is
7575 28 attending or the student alumnus attended;
7676 29 (4) allow preschool students who attend a Level 3 or Level 4
7777 30 Paths to QUALITY program preschool to attend kindergarten at
7878 31 a charter school if the charter school and the preschool provider
7979 32 have entered into an agreement to share services or facilities;
8080 33 (5) allow each student who qualifies for free or reduced price
8181 34 lunch under the national school lunch program to receive
8282 35 preference for admission to a charter school if the preference is
8383 36 specifically provided for in the charter school's charter and is
8484 37 approved by the authorizer; and
8585 38 (6) allow each student who attends a charter school that is
8686 39 co-located with the charter school to receive preference for
8787 40 admission to the charter school if the preference is specifically
8888 41 provided for in the charter school's charter and is approved by the
8989 42 charter school's authorizer.
9090 2022 IN 63—LS 6154/DI 147 3
9191 1 (d) This subsection applies to an existing school that converts to a
9292 2 charter school under IC 20-24-11. During the school year in which the
9393 3 existing school converts to a charter school, the charter school may
9494 4 limit admission to:
9595 5 (1) those students who were enrolled in the charter school on the
9696 6 date of the conversion; and
9797 7 (2) siblings of students described in subdivision (1).
9898 8 (e) A charter school may give enrollment preference to children of
9999 9 the charter school's founders, governing body members, and charter
100100 10 school employees, as long as the enrollment preference under this
101101 11 subsection is not given to more than ten percent (10%) of the charter
102102 12 school's total population.
103103 13 (f) A charter school may give enrollment preference to children who
104104 14 attend another charter school that is closed or non-renewed under
105105 15 IC 20-24-4-3 or IC 20-24-9-4.
106106 16 (g) A charter school may not suspend or expel a charter school
107107 17 student or otherwise request a charter school student to transfer to
108108 18 another school on the basis of the following:
109109 19 (1) Disability.
110110 20 (2) Race.
111111 21 (3) Color.
112112 22 (4) Gender.
113113 23 (5) National origin.
114114 24 (6) Religion.
115115 25 (7) Ancestry.
116116 26 (8) Sexual orientation.
117117 27 (9) Gender identity.
118118 28 A charter school student may be expelled or suspended only in a
119119 29 manner consistent with discipline rules established under IC 20-24-5.5.
120120 30 SECTION 3. IC 20-24.5-3-5, AS ADDED BY P.L.2-2007,
121121 31 SECTION 209, IS AMENDED TO READ AS FOLLOWS
122122 32 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) A student who applies for
123123 33 admission to the academy must:
124124 34 (1) be eligible to attend a public school in Indiana;
125125 35 (2) demonstrate exceptional intellectual ability; and
126126 36 (3) demonstrate a commitment to scholarship.
127127 37 (b) A student shall be admitted without regard to sex, sexual
128128 38 orientation, gender identity, race, religion, creed, national origin, or
129129 39 household income.
130130 40 SECTION 4. IC 20-30-16-6, AS AMENDED BY P.L.200-2021,
131131 41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
132132 42 JULY 1, 2022]: Sec. 6. (a) Before June 30, 2018, the department shall
133133 2022 IN 63—LS 6154/DI 147 4
134134 1 establish:
135135 2 (1) an authorization process for course providers; and
136136 3 (2) a review process for approval of course access program
137137 4 courses, which must be aligned to Indiana academic standards.
138138 5 This subsection expires June 30, 2021.
139139 6 (b) Not later than June 30, 2021, the department shall implement the
140140 7 course access program in the manner prescribed by the state board. The
141141 8 state board shall establish:
142142 9 (1) requirements:
143143 10 (A) that a course provider must meet to be eligible for
144144 11 authorization by the department under this chapter;
145145 12 (B) that a course access program course must meet to be
146146 13 eligible for approval by the department under this chapter; and
147147 14 (C) for a course provider to appeal a decision by the
148148 15 department denying or revoking:
149149 16 (i) authorization of a course provider; or
150150 17 (ii) approval of a particular course access program course;
151151 18 and
152152 19 (2) a period of time each calendar year in which the department
153153 20 shall accept applications for course provider authorization and
154154 21 approval of course access program courses.
155155 22 (c) The department shall:
156156 23 (1) register and authorize course providers;
157157 24 (2) provide advertising for the course access program; and
158158 25 (3) monitor course access program courses and course providers
159159 26 to ensure compliance with the terms of the course access program
160160 27 course's approval and course provider's authorization;
161161 28 in accordance with requirements established by the state board.
162162 29 (d) A course provider may apply for authorization or submit course
163163 30 access program courses for approval to the department in a manner
164164 31 prescribed by the state board during the time period established under
165165 32 subsection (b)(2).
166166 33 (e) A school corporation may be authorized as a course provider if
167167 34 the school corporation meets requirements established by the state
168168 35 board to be eligible for authorization as a course provider under this
169169 36 chapter.
170170 37 (f) Subject to section 7 of this chapter, if a course provider or course
171171 38 access program course meets the requirements established by the state
172172 39 board under subsection (b), the department shall authorize the course
173173 40 provider or approve the course access program course, whichever is
174174 41 applicable.
175175 42 (g) If the department denies authorization to a course provider or
176176 2022 IN 63—LS 6154/DI 147 5
177177 1 denies approval of a course access program course of a course
178178 2 provider, the course provider may appeal the denial to the state board.
179179 3 (h) A course provider authorized by the department shall ensure that
180180 4 each course access program course is accessible to students of all
181181 5 abilities, and may not discriminate on the basis of race, creed, color,
182182 6 sexual orientation, gender identity, or national origin.
183183 7 (i) A course provider authorized by the department shall comply
184184 8 with the privacy provisions of federal law.
185185 9 SECTION 5. IC 20-33-1-1, AS AMENDED BY P.L.3-2008,
186186 10 SECTION 118, IS AMENDED TO READ AS FOLLOWS
187187 11 [EFFECTIVE JULY 1, 2022]: Sec. 1. The following is the public
188188 12 policy of the state:
189189 13 (1) To provide:
190190 14 (A) equal;
191191 15 (B) nonsegregated; and
192192 16 (C) nondiscriminatory;
193193 17 educational opportunities and facilities for all, regardless of race,
194194 18 creed, national origin, color, or sex, sexual orientation, or
195195 19 gender identity.
196196 20 (2) To provide and furnish public schools open equally to all, and
197197 21 prohibited and denied to none because of race, creed, color, or
198198 22 national origin, sexual orientation, or gender identity.
199199 23 (3) To reaffirm the principles of:
200200 24 (A) the Bill of Rights;
201201 25 (B) civil rights; and
202202 26 (C) the Constitution of the State of Indiana.
203203 27 (4) To provide a uniform democratic system of public school
204204 28 education to the state and the citizens of Indiana.
205205 29 (5) To:
206206 30 (A) abolish;
207207 31 (B) eliminate; and
208208 32 (C) prohibit;
209209 33 segregated and separate schools or school districts on the basis of
210210 34 race, creed, or color, sexual orientation, or gender identity.
211211 35 (6) To eliminate and prohibit:
212212 36 (A) segregation;
213213 37 (B) separation; and
214214 38 (C) discrimination;
215215 39 on the basis of race, creed, or color, sexual orientation, or
216216 40 gender identity in public schools.
217217 41 SECTION 6. IC 20-33-1-3, AS AMENDED BY P.L.2-2007,
218218 42 SECTION 226, IS AMENDED TO READ AS FOLLOWS
219219 2022 IN 63—LS 6154/DI 147 6
220220 1 [EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The governing body of a
221221 2 school corporation and the board of trustees of a state educational
222222 3 institution may not build or erect, establish, maintain, continue, or
223223 4 permit any segregated or separate public schools, including any public
224224 5 school departments or divisions on the basis of race, color, creed,
225225 6 sexual orientation, gender identity, or national origin of pupils or
226226 7 students.
227227 8 (b) The officials described in subsection (a) may take any
228228 9 affirmative actions that are reasonable, feasible, and practical to effect
229229 10 greater integration and to reduce or prevent segregation or separation
230230 11 of races in public schools for whatever cause, including:
231231 12 (1) site selection; or
232232 13 (2) revision of:
233233 14 (A) school districts;
234234 15 (B) curricula; or
235235 16 (C) enrollment policies;
236236 17 to implement equalization of educational opportunity for all.
237237 18 (c) A school corporation shall review the school corporation's
238238 19 programs to determine if the school corporation's practices of:
239239 20 (1) separating students by ability;
240240 21 (2) placing students into educational tracks; or
241241 22 (3) using test results to screen students;
242242 23 have the effect of systematically separating students by race, color,
243243 24 creed, sexual orientation, gender identity, national origin, or
244244 25 socioeconomic class.
245245 26 SECTION 7. IC 20-33-1-4, AS AMENDED BY P.L.2-2007,
246246 27 SECTION 227, IS AMENDED TO READ AS FOLLOWS
247247 28 [EFFECTIVE JULY 1, 2022]: Sec. 4. (a) A student is entitled to be
248248 29 admitted and enrolled in a public school in the school corporation in
249249 30 which the student resides without regard to race, creed, color, sexual
250250 31 orientation, gender identity, socioeconomic class, or national origin.
251251 32 (b) A student may not be prohibited, segregated, or denied
252252 33 attendance or enrollment in a public school in the student's school
253253 34 corporation because of the student's race, creed, color, sexual
254254 35 orientation, gender identity, or national origin.
255255 36 (c) Every student is free to attend a public school, including a
256256 37 department or division of a public school within the laws applicable
257257 38 alike to noncitizen and nonresident students.
258258 39 SECTION 8. IC 20-33-1-5, AS AMENDED BY P.L.2-2007,
259259 40 SECTION 228, IS AMENDED TO READ AS FOLLOWS
260260 41 [EFFECTIVE JULY 1, 2022]: Sec. 5. (a) A public school may not
261261 42 segregate, separate, or discriminate against any of its students on the
262262 2022 IN 63—LS 6154/DI 147 7
263263 1 basis of race, creed, or color.
264264 2 (b) Admission to a public school may not be approved or denied on
265265 3 the basis of race, creed, or color, sexual orientation, or gender
266266 4 identity.
267267 5 SECTION 9. IC 20-33-1-6, AS AMENDED BY P.L.2-2007,
268268 6 SECTION 229, IS AMENDED TO READ AS FOLLOWS
269269 7 [EFFECTIVE JULY 1, 2022]: Sec. 6. A public school may not
270270 8 discriminate in any way in the hiring, upgrading, tenure, or placement
271271 9 of a teacher on the basis of race, creed, color, sexual orientation,
272272 10 gender identity, or national origin.
273273 11 SECTION 10. IC 20-42-3-10, AS AMENDED BY P.L.286-2013,
274274 12 SECTION 124, IS AMENDED TO READ AS FOLLOWS
275275 13 [EFFECTIVE JULY 1, 2022]: Sec. 10. The trustee, with the advice and
276276 14 consent of the township board, shall use the account for the following
277277 15 educational purposes:
278278 16 (1) Each year the trustee shall pay, to the parent or legal guardian
279279 17 of any child whose residence is within the township, the initial
280280 18 cost for the rental of curricular materials used in any elementary
281281 19 or secondary school that has been accredited by the state. The
282282 20 reimbursement for the rental of curricular materials shall be for
283283 21 the initial yearly rental charge only. Curricular materials
284284 22 subsequently lost or destroyed may not be paid for from this
285285 23 account.
286286 24 (2) Students who are residents of the township for the last two (2)
287287 25 years of their secondary education and who still reside within the
288288 26 township are entitled to receive financial assistance in an amount
289289 27 not to exceed an amount determined by the trustee and the
290290 28 township board during an annual review of postsecondary
291291 29 education fees and tuition costs of education at any accredited
292292 30 postsecondary educational institution. Amounts to be paid to each
293293 31 eligible student shall be set annually after this review. The
294294 32 amount paid each year must be:
295295 33 (A) equitable for every eligible student without regard to race,
296296 34 religion, creed, sex, disability, sexual orientation, gender
297297 35 identity, or national origin; and
298298 36 (B) based on the number of students and the amount of funds
299299 37 available each year.
300300 38 (3) A person who has been a permanent resident of the township
301301 39 continuously for at least two (2) years and who needs educational
302302 40 assistance for job training or retraining may apply to the trustee
303303 41 of the township for financial assistance. The trustee and the
304304 42 township board shall review each application and make assistance
305305 2022 IN 63—LS 6154/DI 147 8
306306 1 available according to the need of each applicant and the
307307 2 availability of funds.
308308 3 (4) If all the available funds are not used in any one (1) year, the
309309 4 unused funds shall be retained in the account by the trustee for
310310 5 use in succeeding years.
311311 6 SECTION 11. IC 20-51-4-3, AS AMENDED BY P.L.106-2016,
312312 7 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
313313 8 JULY 1, 2022]: Sec. 3. (a) An eligible school may not discriminate on
314314 9 the basis of race, color, sexual orientation, gender identity, or
315315 10 national origin.
316316 11 (b) An eligible school shall abide by the school's written admission
317317 12 policy fairly and without discrimination with regard to students who:
318318 13 (1) apply for; or
319319 14 (2) are awarded;
320320 15 scholarships under this chapter.
321321 16 (c) If the number of applicants for enrollment in an eligible school
322322 17 under a choice scholarship exceeds the number of choice scholarships
323323 18 available to the eligible school, the eligible school must draw at
324324 19 random in a public meeting the applications of applicants who are
325325 20 entitled to a choice scholarship from among the applicants who meet
326326 21 the requirements for admission to the eligible school.
327327 22 (d) The department shall make random visits to at least five percent
328328 23 (5%) of eligible schools during a particular school year to verify that
329329 24 the eligible school complies with the provisions of this chapter and the
330330 25 Constitutions of the State of Indiana and the United States.
331331 26 (e) Each eligible school shall grant the department reasonable
332332 27 access to its premises, including access to the school's grounds,
333333 28 buildings, and property.
334334 29 (f) Each year the principal of each eligible school shall certify under
335335 30 penalties of perjury to the department that the eligible school is
336336 31 complying with the requirements of this chapter. The department shall
337337 32 develop a process for eligible schools to follow to make certifications.
338338 2022 IN 63—LS 6154/DI 147