Indiana 2022 Regular Session

Indiana Senate Bill SB0167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 167
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 5-14; IC 20-26; IC 20-28; IC 20-30; IC 20-31;
7	7	IC 20-33-1.5; IC 20-34-3-27; IC 21-41-13; IC 24-4-16.4-2;
8	8	IC 35-49-3-4.
9	9	Synopsis: Education matters. Defines a "qualified school". Requires
10	10	each qualified school to post educational activities and curricular
11	11	materials on the school's Internet web site. Provides that public records
12	12	that are available on a qualified school's Internet web site shall be
13	13	excepted from public record requests for individuals that have access
14	14	to the school's Internet web site at the discretion of the qualified school.
15	15	Requires the school corporation or qualified school to add functionality
16	16	that allows parents of students in the school corporation to opt in to or
17	17	opt out of certain educational activities and curricular materials under
18	18	certain conditions. Provides that the governing body of a school
19	19	corporation shall create a curricular materials advisory committee
20	20	(committee) comprised of parents, teachers, administrators, and
21	21	community members. Requires the committee to submit
22	22	recommendations regarding curricular materials and educational
23	23	activities to the governing body of a school corporation. Provides
24	24	parameters for the composition of the committee, the appointment of
25	25	committee members, and the appointment of a committee chairperson.
26	26	Requires the governing body to create educational activities and
27	27	curricular materials review, discussion, and recommendation
28	28	procedures for the committee. Provides that the committee shall meet
29	29	a certain number of times annually. Provides that a state agency, state
30	30	educational institution, school corporation, or qualified school or an
31	31	employee of the state agency, state educational institution, school
32	32	corporation, or qualified school acting in an official capacity may not
33	33	include or promote certain concepts as part of a course of instruction
34	34	or in a curriculum or direct or otherwise compel a school employee or
35	35	(Continued next page)
36	36	Effective: July 1, 2022.
37	37	Baldwin, Raatz, Holdman
38	38	January 4, 2022, read first time and referred to Committee on Education and Career
39	39	Development.
40	40	2022 IN 167—LS 7004/DI 116 Digest Continued
41	41	student to adhere to certain tenets relating to the individual's sex, race,
42	42	ethnicity, religion, color, national origin, or political affiliation.
43	43	Provides that a state agency, school corporation, qualified school, or
44	44	state educational institution or an employee of the state agency, school
45	45	corporation, qualified school, or state educational institution acting in
46	46	an official capacity may not require an employee of the school
47	47	corporation, qualified school, or state educational institution to engage
48	48	in training, orientation, or therapy that presents any form of racial or
49	49	sex stereotyping or blame on the basis of sex, race, ethnicity, religion,
50	50	color, national origin, or political affiliation. Provides that a student
51	51	shall not be required to participate in a personal analysis, an evaluation,
52	52	or a survey that reveals or attempts to affect the student's attitudes,
53	53	habits, traits, opinions, beliefs, or feelings without parental consent.
54	54	Provides that, if a school corporation or qualified school uses a third
55	55	party vendor in providing a personal analysis, evaluation, or survey that
56	56	reveals, identifies, collects, maintains or attempts to affect a student's
57	57	attitudes, habits, traits, opinions, beliefs, or feelings, the third party
58	58	vendor and the school corporation or qualified school may not collect
59	59	or maintain the responses to or results of the analysis, evaluation, or
60	60	survey in a manner that would identify the responses or results of an
61	61	individual student. Provides that before a school corporation or
62	62	qualified school may provide or administer certain mental,
63	63	social-emotional, or psychological services to a student, the school
64	64	must provide the parent of the student or the student, if the student is
65	65	an adult or an emancipated minor, with a written request for consent to
66	66	provide or administer certain mental, social-emotional, or
67	67	psychological services. Makes changes to the definition of "sexually
68	68	explicit" for the purpose of trade regulation. Removes schools and
69	69	certain public libraries from the list of entities eligible for a specified
70	70	defense to criminal prosecutions alleging: (1) the dissemination of
71	71	material harmful to minors; or (2) a performance harmful to minors.
72	72	Adds colleges and universities to the entities eligible for a specified
73	73	defense to criminal prosecutions alleging: (1) the dissemination of
74	74	material harmful to minors; or (2) a performance harmful to minors.
75	75	2022 IN 167—LS 7004/DI 1162022 IN 167—LS 7004/DI 116 Introduced
76	76	Second Regular Session of the 122nd General Assembly (2022)
77	77	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
78	78	Constitution) is being amended, the text of the existing provision will appear in this style type,
79	79	additions will appear in this style type, and deletions will appear in this style type.
80	80	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
81	81	provision adopted), the text of the new provision will appear in this style type. Also, the
82	82	word NEW will appear in that style type in the introductory clause of each SECTION that adds
83	83	a new provision to the Indiana Code or the Indiana Constitution.
84	84	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
85	85	between statutes enacted by the 2021 Regular Session of the General Assembly.
86	86	SENATE BILL No. 167
87	87	A BILL FOR AN ACT to amend the Indiana Code concerning
88	88	education.
89	89	Be it enacted by the General Assembly of the State of Indiana:
90	90	1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.197-2021,
91	91	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
92	92	3 JULY 1, 2022]: Sec. 4. (a) The following public records are excepted
93	93	4 from section 3 of this chapter and may not be disclosed by a public
94	94	5 agency, unless access to the records is specifically required by a state
95	95	6 or federal statute or is ordered by a court under the rules of discovery:
96	96	7 (1) Those declared confidential by state statute.
97	97	8 (2) Those declared confidential by rule adopted by a public
98	98	9 agency under specific authority to classify public records as
99	99	10 confidential granted to the public agency by statute.
100	100	11 (3) Those required to be kept confidential by federal law.
101	101	12 (4) Records containing trade secrets.
102	102	13 (5) Confidential financial information obtained, upon request,
103	103	14 from a person. However, this does not include information that is
104	104	15 filed with or received by a public agency pursuant to state statute.
105	105	2022 IN 167—LS 7004/DI 116 2
106	106	1 (6) Information concerning research, including actual research
107	107	2 documents, conducted under the auspices of a state educational
108	108	3 institution, including information:
109	109	4 (A) concerning any negotiations made with respect to the
110	110	5 research; and
111	111	6 (B) received from another party involved in the research.
112	112	7 (7) Grade transcripts and license examination scores obtained as
113	113	8 part of a licensure process.
114	114	9 (8) Those declared confidential by or under rules adopted by the
115	115	10 supreme court of Indiana.
116	116	11 (9) Patient medical records and charts created by a provider,
117	117	12 unless the patient gives written consent under IC 16-39 or as
118	118	13 provided under IC 16-41-8.
119	119	14 (10) Application information declared confidential by the Indiana
120	120	15 economic development corporation under IC 5-28.
121	121	16 (11) A photograph, a video recording, or an audio recording of an
122	122	17 autopsy, except as provided in IC 36-2-14-10.
123	123	18 (12) A Social Security number contained in the records of a
124	124	19 public agency.
125	125	20 (13) The following information that is part of a foreclosure action
126	126	21 subject to IC 32-30-10.5:
127	127	22 (A) Contact information for a debtor, as described in
128	128	23 IC 32-30-10.5-8(d)(1)(B).
129	129	24 (B) Any document submitted to the court as part of the debtor's
130	130	25 loss mitigation package under IC 32-30-10.5-10(a)(3).
131	131	26 (14) The following information obtained from a call made to a
132	132	27 fraud hotline established under IC 36-1-8-8.5:
133	133	28 (A) The identity of any individual who makes a call to the
134	134	29 fraud hotline.
135	135	30 (B) A report, transcript, audio recording, or other information
136	136	31 concerning a call to the fraud hotline.
137	137	32 However, records described in this subdivision may be disclosed
138	138	33 to a law enforcement agency, a private university police
139	139	34 department, the attorney general, the inspector general, the state
140	140	35 examiner, or a prosecuting attorney.
141	141	36 (b) Except as otherwise provided by subsection (a), the following
142	142	37 public records shall be excepted from section 3 of this chapter at the
143	143	38 discretion of a public agency:
144	144	39 (1) Investigatory records of law enforcement agencies or private
145	145	40 university police departments. For purposes of this chapter, a law
146	146	41 enforcement recording is not an investigatory record. Law
147	147	42 enforcement agencies or private university police departments
148	148	2022 IN 167—LS 7004/DI 116 3
149	149	1 may share investigatory records with a:
150	150	2 (A) person who advocates on behalf of a crime victim,
151	151	3 including a victim advocate (as defined in IC 35-37-6-3.5) or
152	152	4 a victim service provider (as defined in IC 35-37-6-5), for the
153	153	5 purposes of providing services to a victim or describing
154	154	6 services that may be available to a victim; and
155	155	7 (B) school corporation (as defined by IC 20-18-2-16(a)),
156	156	8 charter school (as defined by IC 20-24-1-4), or nonpublic
157	157	9 school (as defined by IC 20-18-2-12) for the purpose of
158	158	10 enhancing the safety or security of a student or a school
159	159	11 facility;
160	160	12 without the law enforcement agency or private university police
161	161	13 department losing its discretion to keep those records confidential
162	162	14 from other records requesters. However, certain law enforcement
163	163	15 records must be made available for inspection and copying as
164	164	16 provided in section 5 of this chapter.
165	165	17 (2) The work product of an attorney representing, pursuant to
166	166	18 state employment or an appointment by a public agency:
167	167	19 (A) a public agency;
168	168	20 (B) the state; or
169	169	21 (C) an individual.
170	170	22 (3) Test questions, scoring keys, and other examination data used
171	171	23 in administering a licensing examination, examination for
172	172	24 employment, or academic examination before the examination is
173	173	25 given or if it is to be given again.
174	174	26 (4) Scores of tests if the person is identified by name and has not
175	175	27 consented to the release of the person's scores.
176	176	28 (5) The following:
177	177	29 (A) Records relating to negotiations between:
178	178	30 (i) the Indiana economic development corporation;
179	179	31 (ii) the ports of Indiana;
180	180	32 (iii) the Indiana state department of agriculture;
181	181	33 (iv) the Indiana finance authority;
182	182	34 (v) an economic development commission;
183	183	35 (vi) the Indiana White River state park development
184	184	36 commission;
185	185	37 (vii) a local economic development organization that is a
186	186	38 nonprofit corporation established under state law whose
187	187	39 primary purpose is the promotion of industrial or business
188	188	40 development in Indiana, the retention or expansion of
189	189	41 Indiana businesses, or the development of entrepreneurial
190	190	42 activities in Indiana; or
191	191	2022 IN 167—LS 7004/DI 116 4
192	192	1 (viii) a governing body of a political subdivision;
193	193	2 with industrial, research, or commercial prospects, if the
194	194	3 records are created while negotiations are in progress.
195	195	4 However, this clause does not apply to records regarding
196	196	5 research that is prohibited under IC 16-34.5-1-2 or any other
197	197	6 law.
198	198	7 (B) Notwithstanding clause (A), the terms of the final offer of
199	199	8 public financial resources communicated by the Indiana
200	200	9 economic development corporation, the ports of Indiana, the
201	201	10 Indiana finance authority, an economic development
202	202	11 commission, the Indiana White River state park development
203	203	12 commission, or a governing body of a political subdivision to
204	204	13 an industrial, a research, or a commercial prospect shall be
205	205	14 available for inspection and copying under section 3 of this
206	206	15 chapter after negotiations with that prospect have terminated.
207	207	16 (C) When disclosing a final offer under clause (B), the Indiana
208	208	17 economic development corporation shall certify that the
209	209	18 information being disclosed accurately and completely
210	210	19 represents the terms of the final offer.
211	211	20 (D) Notwithstanding clause (A), an incentive agreement with
212	212	21 an incentive recipient shall be available for inspection and
213	213	22 copying under section 3 of this chapter after the date the
214	214	23 incentive recipient and the Indiana economic development
215	215	24 corporation execute the incentive agreement regardless of
216	216	25 whether negotiations are in progress with the recipient after
217	217	26 that date regarding a modification or extension of the incentive
218	218	27 agreement.
219	219	28 (6) Records that are intra-agency or interagency advisory or
220	220	29 deliberative material, including material developed by a private
221	221	30 contractor under a contract with a public agency, that are
222	222	31 expressions of opinion or are of a speculative nature, and that are
223	223	32 communicated for the purpose of decision making.
224	224	33 (7) Diaries, journals, or other personal notes serving as the
225	225	34 functional equivalent of a diary or journal.
226	226	35 (8) Personnel files of public employees and files of applicants for
227	227	36 public employment, except for:
228	228	37 (A) the name, compensation, job title, business address,
229	229	38 business telephone number, job description, education and
230	230	39 training background, previous work experience, or dates of
231	231	40 first and last employment of present or former officers or
232	232	41 employees of the agency;
233	233	42 (B) information relating to the status of any formal charges
234	234	2022 IN 167—LS 7004/DI 116 5
235	235	1 against the employee; and
236	236	2 (C) the factual basis for a disciplinary action in which final
237	237	3 action has been taken and that resulted in the employee being
238	238	4 suspended, demoted, or discharged.
239	239	5 However, all personnel file information shall be made available
240	240	6 to the affected employee or the employee's representative. This
241	241	7 subdivision does not apply to disclosure of personnel information
242	242	8 generally on all employees or for groups of employees without the
243	243	9 request being particularized by employee name.
244	244	10 (9) Minutes or records of hospital medical staff meetings.
245	245	11 (10) Administrative or technical information that would
246	246	12 jeopardize a record keeping system, voting system, voter
247	247	13 registration system, or security system.
248	248	14 (11) Computer programs, computer codes, computer filing
249	249	15 systems, and other software that are owned by the public agency
250	250	16 or entrusted to it and portions of electronic maps entrusted to a
251	251	17 public agency by a utility.
252	252	18 (12) Records specifically prepared for discussion or developed
253	253	19 during discussion in an executive session under IC 5-14-1.5-6.1.
254	254	20 However, this subdivision does not apply to that information
255	255	21 required to be available for inspection and copying under
256	256	22 subdivision (8).
257	257	23 (13) The work product of the legislative services agency under
258	258	24 personnel rules approved by the legislative council.
259	259	25 (14) The work product of individual members and the partisan
260	260	26 staffs of the general assembly.
261	261	27 (15) The identity of a donor of a gift made to a public agency if:
262	262	28 (A) the donor requires nondisclosure of the donor's identity as
263	263	29 a condition of making the gift; or
264	264	30 (B) after the gift is made, the donor or a member of the donor's
265	265	31 family requests nondisclosure.
266	266	32 (16) Library or archival records:
267	267	33 (A) which can be used to identify any library patron; or
268	268	34 (B) deposited with or acquired by a library upon a condition
269	269	35 that the records be disclosed only:
270	270	36 (i) to qualified researchers;
271	271	37 (ii) after the passing of a period of years that is specified in
272	272	38 the documents under which the deposit or acquisition is
273	273	39 made; or
274	274	40 (iii) after the death of persons specified at the time of the
275	275	41 acquisition or deposit.
276	276	42 However, nothing in this subdivision shall limit or affect contracts
277	277	2022 IN 167—LS 7004/DI 116 6
278	278	1 entered into by the Indiana state library pursuant to IC 4-1-6-8.
279	279	2 (17) The identity of any person who contacts the bureau of motor
280	280	3 vehicles concerning the ability of a driver to operate a motor
281	281	4 vehicle safely and the medical records and evaluations made by
282	282	5 the bureau of motor vehicles staff or members of the driver
283	283	6 licensing medical advisory board regarding the ability of a driver
284	284	7 to operate a motor vehicle safely. However, upon written request
285	285	8 to the commissioner of the bureau of motor vehicles, the driver
286	286	9 must be given copies of the driver's medical records and
287	287	10 evaluations.
288	288	11 (18) School safety and security measures, plans, and systems,
289	289	12 including emergency preparedness plans developed under 511
290	290	13 IAC 6.1-2-2.5.
291	291	14 (19) A record or a part of a record, the public disclosure of which
292	292	15 would have a reasonable likelihood of threatening public safety
293	293	16 by exposing a vulnerability to terrorist attack. A record described
294	294	17 under this subdivision includes the following:
295	295	18 (A) A record assembled, prepared, or maintained to prevent,
296	296	19 mitigate, or respond to an act of terrorism under IC 35-47-12-1
297	297	20 (before its repeal), an act of agricultural terrorism under
298	298	21 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
299	299	22 (as defined in IC 35-50-2-18).
300	300	23 (B) Vulnerability assessments.
301	301	24 (C) Risk planning documents.
302	302	25 (D) Needs assessments.
303	303	26 (E) Threat assessments.
304	304	27 (F) Intelligence assessments.
305	305	28 (G) Domestic preparedness strategies.
306	306	29 (H) The location of community drinking water wells and
307	307	30 surface water intakes.
308	308	31 (I) The emergency contact information of emergency
309	309	32 responders and volunteers.
310	310	33 (J) Infrastructure records that disclose the configuration of
311	311	34 critical systems such as voting system and voter registration
312	312	35 system critical infrastructure, and communication, electrical,
313	313	36 ventilation, water, and wastewater systems.
314	314	37 (K) Detailed drawings or specifications of structural elements,
315	315	38 floor plans, and operating, utility, or security systems, whether
316	316	39 in paper or electronic form, of any building or facility located
317	317	40 on an airport (as defined in IC 8-21-1-1) that is owned,
318	318	41 occupied, leased, or maintained by a public agency, or any part
319	319	42 of a law enforcement recording that captures information
320	320	2022 IN 167—LS 7004/DI 116 7
321	321	1 about airport security procedures, areas, or systems. A record
322	322	2 described in this clause may not be released for public
323	323	3 inspection by any public agency without the prior approval of
324	324	4 the public agency that owns, occupies, leases, or maintains the
325	325	5 airport. Both of the following apply to the public agency that
326	326	6 owns, occupies, leases, or maintains the airport:
327	327	7 (i) The public agency is responsible for determining whether
328	328	8 the public disclosure of a record or a part of a record,
329	329	9 including a law enforcement recording, has a reasonable
330	330	10 likelihood of threatening public safety by exposing a
331	331	11 security procedure, area, system, or vulnerability to terrorist
332	332	12 attack.
333	333	13 (ii) The public agency must identify a record described
334	334	14 under item (i) and clearly mark the record as "confidential
335	335	15 and not subject to public disclosure under
336	336	16 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
337	337	17 submitting public agency)". However, in the case of a law
338	338	18 enforcement recording, the public agency must clearly mark
339	339	19 the record as "confidential and not subject to public
340	340	20 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
341	341	21 (insert name of the public agency that owns, occupies,
342	342	22 leases, or maintains the airport)".
343	343	23 (L) The home address, home telephone number, and
344	344	24 emergency contact information for any:
345	345	25 (i) emergency management worker (as defined in
346	346	26 IC 10-14-3-3);
347	347	27 (ii) public safety officer (as defined in IC 35-47-4.5-3);
348	348	28 (iii) emergency medical responder (as defined in
349	349	29 IC 16-18-2-109.8); or
350	350	30 (iv) advanced emergency medical technician (as defined in
351	351	31 IC 16-18-2-6.5).
352	352	32 This subdivision does not apply to a record or portion of a record
353	353	33 pertaining to a location or structure owned or protected by a
354	354	34 public agency in the event that an act of terrorism under
355	355	35 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
356	356	36 under IC 35-47-12-2 (before its repeal), or a felony terrorist
357	357	37 offense (as defined in IC 35-50-2-18) has occurred at that location
358	358	38 or structure, unless release of the record or portion of the record
359	359	39 would have a reasonable likelihood of threatening public safety
360	360	40 by exposing a vulnerability of other locations or structures to
361	361	41 terrorist attack.
362	362	42 (20) The following personal information concerning a customer
363	363	2022 IN 167—LS 7004/DI 116 8
364	364	1 of a municipally owned utility (as defined in IC 8-1-2-1):
365	365	2 (A) Telephone number.
366	366	3 (B) Address.
367	367	4 (C) Social Security number.
368	368	5 (21) The following personal information about a complainant
369	369	6 contained in records of a law enforcement agency:
370	370	7 (A) Telephone number.
371	371	8 (B) The complainant's address. However, if the complainant's
372	372	9 address is the location of the suspected crime, infraction,
373	373	10 accident, or complaint reported, the address shall be made
374	374	11 available for public inspection and copying.
375	375	12 (22) Notwithstanding subdivision (8)(A), the name,
376	376	13 compensation, job title, business address, business telephone
377	377	14 number, job description, education and training background,
378	378	15 previous work experience, or dates of first employment of a law
379	379	16 enforcement officer who is operating in an undercover capacity.
380	380	17 (23) Records requested by an offender, an agent, or a relative of
381	381	18 an offender that:
382	382	19 (A) contain personal information relating to:
383	383	20 (i) a correctional officer (as defined in IC 5-10-10-1.5);
384	384	21 (ii) a probation officer;
385	385	22 (iii) a community corrections officer;
386	386	23 (iv) a law enforcement officer (as defined in
387	387	24 IC 35-31.5-2-185);
388	388	25 (v) a judge (as defined in IC 33-38-12-3);
389	389	26 (vi) the victim of a crime; or
390	390	27 (vii) a family member of a correctional officer, probation
391	391	28 officer, community corrections officer, law enforcement
392	392	29 officer (as defined in IC 35-31.5-2-185), judge (as defined
393	393	30 in IC 33-38-12-3), or victim of a crime; or
394	394	31 (B) concern or could affect the security of a jail or correctional
395	395	32 facility.
396	396	33 For purposes of this subdivision, "agent" means a person who is
397	397	34 authorized by an offender to act on behalf of, or at the direction
398	398	35 of, the offender, and "relative" has the meaning set forth in
399	399	36 IC 35-42-2-1(b). However, the term "agent" does not include an
400	400	37 attorney in good standing admitted to the practice of law in
401	401	38 Indiana.
402	402	39 (24) Information concerning an individual less than eighteen (18)
403	403	40 years of age who participates in a conference, meeting, program,
404	404	41 or activity conducted or supervised by a state educational
405	405	42 institution, including the following information regarding the
406	406	2022 IN 167—LS 7004/DI 116 9
407	407	1 individual or the individual's parent or guardian:
408	408	2 (A) Name.
409	409	3 (B) Address.
410	410	4 (C) Telephone number.
411	411	5 (D) Electronic mail account address.
412	412	6 (25) Criminal intelligence information.
413	413	7 (26) The following information contained in a report of unclaimed
414	414	8 property under IC 32-34-1.5-18 or in a claim for unclaimed
415	415	9 property under IC 32-34-1.5-48:
416	416	10 (A) Date of birth.
417	417	11 (B) Driver's license number.
418	418	12 (C) Taxpayer identification number.
419	419	13 (D) Employer identification number.
420	420	14 (E) Account number.
421	421	15 (27) Except as provided in subdivision (19) and sections 5.1 and
422	422	16 5.2 of this chapter, a law enforcement recording. However, before
423	423	17 disclosing the recording, the public agency must comply with the
424	424	18 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
425	425	19 applicable.
426	426	20 (28) Records relating to negotiations between a state educational
427	427	21 institution and another entity concerning the establishment of a
428	428	22 collaborative relationship or venture to advance the research,
429	429	23 engagement, or educational mission of the state educational
430	430	24 institution, if the records are created while negotiations are in
431	431	25 progress. The terms of the final offer of public financial resources
432	432	26 communicated by the state educational institution to an industrial,
433	433	27 a research, or a commercial prospect shall be available for
434	434	28 inspection and copying under section 3 of this chapter after
435	435	29 negotiations with that prospect have terminated. However, this
436	436	30 subdivision does not apply to records regarding research
437	437	31 prohibited under IC 16-34.5-1-2 or any other law.
438	438	32 (29) Records that are available for inspection to an individual
439	439	33 who has access to an operable curriculum portal that meets
440	440	34 the requirements described in IC 20-30-17-4.
441	441	35 (c) Nothing contained in subsection (b) shall limit or affect the right
442	442	36 of a person to inspect and copy a public record required or directed to
443	443	37 be made by any statute or by any rule of a public agency.
444	444	38 (d) Notwithstanding any other law, a public record that is classified
445	445	39 as confidential, other than a record concerning an adoption or patient
446	446	40 medical records, shall be made available for inspection and copying
447	447	41 seventy-five (75) years after the creation of that record.
448	448	42 (e) Only the content of a public record may form the basis for the
449	449	2022 IN 167—LS 7004/DI 116 10
450	450	1 adoption by any public agency of a rule or procedure creating an
451	451	2 exception from disclosure under this section.
452	452	3 (f) Except as provided by law, a public agency may not adopt a rule
453	453	4 or procedure that creates an exception from disclosure under this
454	454	5 section based upon whether a public record is stored or accessed using
455	455	6 paper, electronic media, magnetic media, optical media, or other
456	456	7 information storage technology.
457	457	8 (g) Except as provided by law, a public agency may not adopt a rule
458	458	9 or procedure nor impose any costs or liabilities that impede or restrict
459	459	10 the reproduction or dissemination of any public record.
460	460	11 (h) Notwithstanding subsection (d) and section 7 of this chapter:
461	461	12 (1) public records subject to IC 5-15 may be destroyed only in
462	462	13 accordance with record retention schedules under IC 5-15; or
463	463	14 (2) public records not subject to IC 5-15 may be destroyed in the
464	464	15 ordinary course of business.
465	465	16 SECTION 2. IC 5-14-4-12 IS AMENDED TO READ AS
466	466	17 FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 12. The counselor shall
467	467	18 submit a report in an electronic format under IC 5-14-6 not later than
468	468	19 June 30 of each year to the legislative services agency concerning the
469	469	20 activities of the counselor for the previous year. The report must
470	470	21 include the following information:
471	471	22 (1) The total number of inquiries and complaints received.
472	472	23 (2) The number of inquiries and complaints received each from
473	473	24 the public, the media, and government agencies.
474	474	25 (3) The number of inquiries and complaints that were resolved.
475	475	26 (4) The number of complaints received about each of the
476	476	27 following:
477	477	28 (A) State agencies.
478	478	29 (B) County agencies.
479	479	30 (C) City agencies.
480	480	31 (D) Town agencies.
481	481	32 (E) Township agencies.
482	482	33 (F) School corporations, disaggregated by each school
483	483	34 corporation.
484	484	35 (G) Other local agencies.
485	485	36 (5) The number of complaints received concerning each of the
486	486	37 following:
487	487	38 (A) Public records.
488	488	39 (B) Public meetings.
489	489	40 (6) The total number of written advisory opinions issued and
490	490	41 pending.
491	491	42 SECTION 3. IC 20-26-12-2, AS AMENDED BY P.L.233-2015,
492	492	2022 IN 167—LS 7004/DI 116 11
493	493	1 SECTION 151, IS AMENDED TO READ AS FOLLOWS
494	494	2 [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) A governing body may
495	495	3 purchase from a publisher any curricular material selected by the
496	496	4 proper local officials. The governing body may rent the curricular
497	497	5 materials to students enrolled in any public or nonpublic school that is:
498	498	6 (1) in compliance with the minimum certification standards of the
499	499	7 state board; and
500	500	8 (2) located within the attendance unit served by the governing
501	501	9 body.
502	502	10 The annual rental rate may not exceed twenty-five percent (25%) of the
503	503	11 retail price of the curricular materials.
504	504	12 (b) Notwithstanding subsection (a), the governing body may not
505	505	13 assess a rental fee of more than twenty-five percent (25%) of the retail
506	506	14 price of curricular materials that have been:
507	507	15 (1) extended for usage by students under section 24(e) 24(d) of
508	508	16 this chapter; and
509	509	17 (2) paid for through rental fees previously collected.
510	510	18 (c) This section does not limit other laws.
511	511	19 SECTION 4. IC 20-26-12-24, AS AMENDED BY P.L.216-2021,
512	512	20 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
513	513	21 JULY 1, 2022]: Sec. 24. (a) The superintendent, after approval from
514	514	22 the governing body, shall establish procedures for adoption of
515	515	23 curricular materials.
516	516	24 (b) The governing body, after reviewing any recommendations from
517	517	25 the superintendent and the curricular materials advisory committee
518	518	26 established under IC 20-26-12.5, shall adopt curricular materials for
519	519	27 use in teaching each subject in the school corporation.
520	520	28 (c) A special committee of teachers and parents may also be
521	521	29 appointed to review books, magazines, and audiovisual material used
522	522	30 or proposed for use in the classroom to supplement state adopted
523	523	31 curricular materials and may make recommendations to the
524	524	32 superintendent and the governing body concerning the use of these
525	525	33 materials.
526	526	34 (d) (c) The governing body may, if the governing body considers it
527	527	35 appropriate, retain curricular materials adopted under this section and
528	528	36 authorize the purchase of supplemental materials to ensure continued
529	529	37 alignment with academic standards adopted by the state board.
530	530	38 (e) (d) The superintendent, advisory committee, and governing body
531	531	39 may consider using the list of curricular materials provided by the
532	532	40 department under IC 20-20-5.5.
533	533	41 (f) (e) A governing body may not purchase curricular materials from
534	534	42 a publisher unless the publisher agrees, in accordance with Sections
535	535	2022 IN 167—LS 7004/DI 116 12
536	536	1 612(a)(23)(A) and 674(e)(4) of the Individuals with Disabilities
537	537	2 Education Improvement Act 2004 (20 U.S.C. 1400 et seq.), to provide
538	538	3 or grant a license to the school corporation to allow for the
539	539	4 reproduction of adopted curricular materials in:
540	540	5 (1) large type;
541	541	6 (2) Braille; and
542	542	7 (3) audio format.
543	543	8 SECTION 5. IC 20-26-12.5 IS ADDED TO THE INDIANA CODE
544	544	9 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
545	545	10 JULY 1, 2022]:
546	546	11 Chapter 12.5. Curricular Materials Advisory Committee
547	547	12 Sec. 1. (a) As used in this chapter, "curricular material" means
548	548	13 any material used for student instruction by a school corporation,
549	549	14 including the following:
550	550	15 (1) Textbooks and other printed materials.
551	551	16 (2) Audiovisual materials.
552	552	17 (3) Materials in electronic or digital formats, including
553	553	18 materials accessible through the Internet.
554	554	19 (4) Library materials.
555	555	20 (5) Student surveys.
556	556	21 (6) A lesson plan or syllabus.
557	557	22 (b) The term does not include an academic test or assessment,
558	558	23 scoring keys, or other test or assessment data used in administering
559	559	24 an academic test or assessment that is directly related to measuring
560	560	25 a student's academic performance in understanding a particular
561	561	26 curricular subject matter, as prescribed by the department.
562	562	27 Sec. 2. (a) As used in this chapter, "educational activity" means
563	563	28 a presentation, an assembly, a lecture, or any other educational
564	564	29 activity or event that is:
565	565	30 (1) organized or facilitated by a public school; and
566	566	31 (2) conducted during instructional time (as defined in
567	567	32 IC 20-30-2-1).
568	568	33 (b) The term does not include a student presentation.
569	569	34 Sec. 3. (a) A governing body of a school corporation shall create
570	570	35 a curricular materials advisory committee using procedures
571	571	36 established by the governing body for the creation, selection, and
572	572	37 appointment of the curricular materials advisory committee. The
573	573	38 procedures must provide for the appointment of:
574	574	39 (1) teachers, administrators, and representatives of the
575	575	40 community; and
576	576	41 (2) parents of students who are attending a school in the
577	577	42 school corporation.
578	578	2022 IN 167—LS 7004/DI 116 13
579	579	1 (b) A governing body shall establish procedures for the
580	580	2 curricular materials advisory committee to:
581	581	3 (1) have access to all curricular materials and educational
582	582	4 activities;
583	583	5 (2) review curricular materials and educational activities;
584	584	6 (3) make recommendations regarding curricular materials
585	585	7 and educational activities to the governing body; and
586	586	8 (4) present recommendations regarding curricular materials
587	587	9 and educational activities at a public hearing of the governing
588	588	10 body.
589	589	11 (c) A governing body shall post on the school's Internet web site
590	590	12 the proposed procedures created in subsections (a) and (b). At least
591	591	13 thirty (30) days after the posting of the proposed procedures on the
592	592	14 Internet web site, the governing body shall hold a public meeting,
593	593	15 at which public comment is heard, to explain the proposed
594	594	16 procedures. The governing body may then approve, disapprove, or
595	595	17 amend the proposed procedures.
596	596	18 Sec. 4. (a) The curricular materials advisory committee shall be
597	597	19 comprised according to the following parameters:
598	598	20 (1) At least forty percent (40%) parents of students within the
599	599	21 school corporation.
600	600	22 (2) At least forty percent (40%) teachers and administrators.
601	601	23 (3) The remainder of the positions comprised of interested
602	602	24 community members who are not employed by the school
603	603	25 corporation.
604	604	26 (b) Only candidates approved by a majority of members of the
605	605	27 governing body may serve on the committee.
606	606	28 (c) In recommending and considering candidates, the governing
607	607	29 body shall attempt to ensure that the committee is representative
608	608	30 of a broad range of community interests as determined by the
609	609	31 governing body.
610	610	32 (d) The committee shall elect a chairperson from the members
611	611	33 of the committee. The chairperson must be a parent of a student in
612	612	34 the school corporation who has been appointed to the committee.
613	613	35 (e) The committee chairperson may create subcommittees to
614	614	36 review curricular material subject matters. Subcommittees may
615	615	37 recommend curricular materials to the committee for
616	616	38 consideration. A subcommittee must be comprised according to the
617	617	39 parameters set forth in subsection (a).
618	618	40 Sec. 5. (a) The curricular materials advisory committee shall
619	619	41 review and evaluate the school corporation's curricular materials
620	620	42 and educational activities to ensure that the materials and activities
621	621	2022 IN 167—LS 7004/DI 116 14
622	622	1 are representative of the community's interests and aligned with
623	623	2 Indiana academic standards.
624	624	3 (b) Except as otherwise provided by law, the committee may
625	625	4 recommend to the governing body that parents of students enrolled
626	626	5 in the school corporation may be allowed to opt out of or opt in to
627	627	6 curricular materials and educational activities identified by the
628	628	7 committee.
629	629	8 Sec. 6. A curricular materials advisory committee shall:
630	630	9 (1) meet at least two (2) times annually on dates and times
631	631	10 established by the chairperson of the committee; and
632	632	11 (2) hold at least two (2) public meetings annually, at which
633	633	12 public comment is heard, to discuss the committee's review
634	634	13 process and findings with the public.
635	635	14 SECTION 6. IC 20-26-21 IS ADDED TO THE INDIANA CODE
636	636	15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
637	637	16 JULY 1, 2022]:
638	638	17 Chapter 21. Personal Analysis, Evaluations, or Surveys by
639	639	18 Third Party Vendors
640	640	19 Sec. 1. As used in this chapter, "qualified school" has the
641	641	20 meaning set forth in IC 20-30-17-3.
642	642	21 Sec. 2. (a) This section does not apply to an academic test or
643	643	22 assessment.
644	644	23 (b) If a school corporation or qualified school uses a third party
645	645	24 vendor in providing a personal analysis, evaluation, or survey that
646	646	25 reveals, identifies, collects, maintains or attempts to affect a
647	647	26 student's attitudes, habits, traits, opinions, beliefs, or feelings, the
648	648	27 third party vendor and the school corporation or qualified school
649	649	28 may not record, collect, or maintain the responses to or results of
650	650	29 the analysis, evaluation, or survey in a manner that would identify
651	651	30 the responses or results of an individual student.
652	652	31 Sec. 3. (a) A school employee, parent, or emancipated student
653	653	32 may file a complaint for a violation under this chapter using the
654	654	33 complaint process described in IC 20-33-1.5-3 and IC 20-33-1.5-4.
655	655	34 (b) After receiving the department's decision under
656	656	35 IC 20-33-1.5-5, an individual may bring a civil action against a
657	657	36 state agency, school corporation, or qualified school pertaining to
658	658	37 the alleged violation addressed in the final order. A court may
659	659	38 award the following to an individual who prevails under this
660	660	39 subsection:
661	661	40 (1) Court costs and reasonable attorney's fees.
662	662	41 (2) Actual damages resulting from the violation.
663	663	42 (3) Declaratory or injunctive relief.
664	664	2022 IN 167—LS 7004/DI 116 15
665	665	1 SECTION 7. IC 20-28-3-3, AS AMENDED BY P.L.220-2015,
666	666	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
667	667	3 JULY 1, 2022]: Sec. 3. (a) The department shall develop guidelines for
668	668	4 use by accredited teacher education institutions and departments in
669	669	5 preparing individuals to:
670	670	6 (1) teach in various environments; and
671	671	7 (2) successfully apply positive classroom behavioral management
672	672	8 strategies and research based alternatives to exclusionary
673	673	9 discipline in a manner that serves the diverse learning needs of all
674	674	10 students.
675	675	11 (b) The guidelines developed under subsection (a) must include
676	676	12 courses and methods that assist individuals in developing cultural
677	677	13 competency (as defined in IC 20-31-2-5).
678	678	14 (c) The guidelines prescribed in subsections (a) or (b) shall not
679	679	15 violate IC 20-28-10-20 or IC 20-33-1.5.
680	680	16 SECTION 8. IC 20-28-3-3.5, AS AMENDED BY P.L.92-2020,
681	681	17 SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
682	682	18 JULY 1, 2022]: Sec. 3.5. (a) The guidelines developed under section
683	683	19 3 of this chapter must incorporate methods that assist individuals in
684	684	20 developing competency in employing approaches to create positive
685	685	21 classroom and school climates that are culturally responsive, including:
686	686	22 (1) classroom management strategies;
687	687	23 (2) restorative justice;
688	688	24 (3) positive behavioral interventions and supports;
689	689	25 (4) social and emotional training as described in IC 12-21-5-2,
690	690	26 IC 20-19-3-12, and IC 20-26-5-34.2; and
691	691	27 (5) conflict resolution.
692	692	28 (b) The methods prescribed under this section shall not violate
693	693	29 IC 20-28-10-20 or IC 20-33-1.5.
694	694	30 SECTION 9. IC 20-28-10-20 IS ADDED TO THE INDIANA
695	695	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
696	696	32 [EFFECTIVE JULY 1, 2022]: Sec. 20. (a) In accordance with
697	697	33 IC 20-33-1-6, a state agency (as defined in IC 4-13-1.4-2), school
698	698	34 corporation, or qualified school (as defined in IC 20-30-17-3) or an
699	699	35 employee of the state agency, school corporation, or qualified
700	700	36 school acting in an official capacity shall not direct or otherwise
701	701	37 compel a school employee to affirm, adopt, or adhere to any of the
702	702	38 following tenets:
703	703	39 (1) That any sex, race, ethnicity, religion, color, national
704	704	40 origin, or political affiliation is inherently superior or inferior
705	705	41 to another sex, race, ethnicity, religion, color, national origin,
706	706	42 or political affiliation.
707	707	2022 IN 167—LS 7004/DI 116 16
708	708	1 (2) That an individual, by virtue of their sex, race, ethnicity,
709	709	2 religion, color, national origin, or political affiliation is
710	710	3 inherently racist, sexist, or oppressive, whether consciously or
711	711	4 unconsciously.
712	712	5 (3) That an individual should be discriminated against or
713	713	6 receive adverse treatment solely or partly because of the
714	714	7 individual's sex, race, ethnicity, religion, color, national
715	715	8 origin, or political affiliation.
716	716	9 (4) That members of any sex, race, ethnicity, religion, color,
717	717	10 national origin, or political affiliation should not attempt to
718	718	11 treat others without respect to sex, race, ethnicity, religion,
719	719	12 color, national origin, or political affiliation.
720	720	13 (5) That an individual's moral character is necessarily
721	721	14 determined by the individual's sex, race, ethnicity, religion,
722	722	15 color, national origin, or political affiliation.
723	723	16 (6) That an individual, by virtue of the individual's sex, race,
724	724	17 ethnicity, religion, color, national origin, or political
725	725	18 affiliation, bears responsibility for actions committed in the
726	726	19 past by other members of the same sex, race, ethnicity,
727	727	20 religion, color, national origin, or political affiliation.
728	728	21 (7) That any individual should feel discomfort, guilt, anguish,
729	729	22 or any other form of psychological distress on account of the
730	730	23 individual's sex, race, ethnicity, religion, color, national
731	731	24 origin, or political affiliation.
732	732	25 (8) That meritocracy or traits such as hard work ethic are
733	733	26 racist or sexist, or were created by members of a particular
734	734	27 sex, race, ethnicity, religion, color, national origin, or political
735	735	28 affiliation to oppress members of another sex, race, ethnicity,
736	736	29 religion, color, national origin, or political affiliation.
737	737	30 (b) A teacher, an administrator, a governing body, or any other
738	738	31 employee of any state agency, school corporation, or qualified
739	739	32 school may not require an employee of a school corporation or
740	740	33 qualified school to engage in training, orientation, or therapy that
741	741	34 presents any form of racial or sex stereotyping or blame on the
742	742	35 basis of sex, race, ethnicity, religion, color, national origin, or
743	743	36 political affiliation.
744	744	37 (c) A school employee may file a complaint using the complaint
745	745	38 process described in IC 20-33-1.5-3 and IC 20-33-1.5-4.
746	746	39 (d) The provisions of this section are severable as provided in
747	747	40 IC 1-1-1-8(b).
748	748	41 SECTION 10. IC 20-30-5-7.3, AS ADDED BY P.L.39-2021,
749	749	42 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
750	750	2022 IN 167—LS 7004/DI 116 17
751	751	1 JULY 1, 2022]: Sec. 7.3. (a) Beginning with students entering grade 6
752	752	2 in the 2023-2024 school year, each school corporation, charter school,
753	753	3 and state accredited nonpublic school shall require each student of the
754	754	4 school corporation, charter school, or state accredited nonpublic school
755	755	5 to successfully complete in grade 6, 7, or 8 one (1) semester of a civics
756	756	6 education course.
757	757	7 (b) All civics education courses must abide by requirements
758	758	8 described in IC 20-33-1.5.
759	759	9 SECTION 11. IC 20-30-5-14, AS AMENDED BY P.L.76-2020,
760	760	10 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
761	761	11 JULY 1, 2022]: Sec. 14. (a) As used in this section, "Indiana career
762	762	12 explorer program and standards" refers to the:
763	763	13 (1) software or Internet based system approved by the department
764	764	14 of workforce development; and
765	765	15 (2) standards established by the department of workforce
766	766	16 development that are aligned to interdisciplinary employability
767	767	17 skills standards prescribed in subsection (c);
768	768	18 that provides students with career and college planning resources.
769	769	19 (b) To:
770	770	20 (1) educate students on the importance of their future career
771	771	21 choices;
772	772	22 (2) prepare students for the realities inherent in the work
773	773	23 environment; and
774	774	24 (3) instill in students work values that will enable them to succeed
775	775	25 in their respective careers;
776	776	26 each school within a school corporation shall include in the school's
777	777	27 curriculum for all students in grades 1 through 12 instruction
778	778	28 concerning employment matters and work values described in
779	779	29 subsection (c).
780	780	30 (c) Each school within a school corporation shall include
781	781	31 interdisciplinary employability skills standards established by the
782	782	32 department, in conjunction with the department of workforce
783	783	33 development, and approved by the state board in the school's
784	784	34 curriculum.
785	785	35 (d) Each school shall:
786	786	36 (1) integrate within the curriculum instruction that is; or
787	787	37 (2) conduct activities or special events periodically that are;
788	788	38 designed to foster overall career awareness and career development as
789	789	39 described in subsection (b).
790	790	40 (e) The department shall develop career awareness and career
791	791	41 development models as described in subsection (f) to assist schools in
792	792	42 complying with this section.
793	793	2022 IN 167—LS 7004/DI 116 18
794	794	1 (f) The models described in this subsection must be developed in
795	795	2 accordance with the following:
796	796	3 (1) For grades 1 through 5, career awareness models to introduce
797	797	4 students to work values and basic employment concepts.
798	798	5 (2) For grades 6 through 8, initial career information models that
799	799	6 focus on career choices as they relate to student interest and skills.
800	800	7 (3) For grades 9 through 12, career exploration models that offer
801	801	8 students insight into future employment options and career
802	802	9 preparation models that provide job or further education
803	803	10 counseling, including the following:
804	804	11 (A) Initial job counseling, including the use of job service
805	805	12 officers to provide school based assessment, information, and
806	806	13 guidance on employment options and the rights of students as
807	807	14 employees.
808	808	15 (B) Workplace orientation visits.
809	809	16 (C) On-the-job experience exercises.
810	810	17 (g) The department, with assistance from the department of labor
811	811	18 and the department of workforce development, shall:
812	812	19 (1) develop and make available teacher guides; and
813	813	20 (2) conduct seminars or other teacher education activities;
814	814	21 to assist teachers in providing the instruction described in this section.
815	815	22 (h) The department shall, with assistance from the department of
816	816	23 workforce development, design and implement innovative career
817	817	24 preparation demonstration projects for students in at least grade 9.
818	818	25 (i) Each school in a school corporation and each charter school:
819	819	26 (1) shall include in the school's curriculum state developed career
820	820	27 standards for all students in grade 8 that include instruction in and
821	821	28 use of either:
822	822	29 (A) the Indiana career explorer program and standards; or
823	823	30 (B) an alternative Internet based system and standards that
824	824	31 provide students with career and college planning resources
825	825	32 that have been approved by the state board under subsection
826	826	33 (j); and
827	827	34 (2) except as provided in subdivision (1), may include in the
828	828	35 school's curriculum state developed career standards for all
829	829	36 students in any grade level that include instruction in and use of
830	830	37 the program and standards or system and standards described in
831	831	38 subdivision (1)(A) or (1)(B).
832	832	39 (j) A school corporation or charter school may submit a request to
833	833	40 the state board to approve an alternative Internet based system and
834	834	41 standards that provide students with career and college planning
835	835	42 resources. The state board, in consultation with the department and the
836	836	2022 IN 167—LS 7004/DI 116 19
837	837	1 department of workforce development, may approve an alternative
838	838	2 system and standards if the state board determines that the alternative
839	839	3 system:
840	840	4 (1) has an aptitude assessment tool;
841	841	5 (2) contains educational course track information;
842	842	6 (3) has a tool for the preparation and development of the
843	843	7 graduation plan prescribed in IC 20-30-4, including a parent sign
844	844	8 in component;
845	845	9 (4) allows access to education and career demand information
846	846	10 using data prepared by the department of workforce development;
847	847	11 and
848	848	12 (5) is aligned to interdisciplinary employability skills standards
849	849	13 prescribed in subsection (c).
850	850	14 (k) Beginning July 1, 2021, the department of workforce
851	851	15 development shall implement an Indiana career explorer program that
852	852	16 includes software or an Internet based system that does the following:
853	853	17 (1) Provides access to education and career demand information
854	854	18 using data prepared by the department of workforce development.
855	855	19 (2) Provides educational and career assessments or tools that:
856	856	20 (A) must include an aptitude and career assessment;
857	857	21 (B) are aligned to interdisciplinary employability skills
858	858	22 standards prescribed in subsection (c); and
859	859	23 (C) may include:
860	860	24 (i) educational course track information; and
861	861	25 (ii) a tool for the preparation and development of the
862	862	26 graduation plan prescribed in IC 20-30-4, including a parent
863	863	27 sign in component.
864	864	28 (l) Any standards, curriculum, activities, or events developed or
865	865	29 administered under this section shall not violate IC 20-33-1.5.
866	866	30 SECTION 12. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
867	867	31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
868	868	32 JULY 1, 2022]: Sec. 17. (a) Each school corporation or laboratory
869	869	33 school established under IC 20-24.5-2, shall make available for
870	870	34 inspection by the parent of a student any instructional materials,
871	871	35 including teachers' manuals, curricular materials, films or other video
872	872	36 materials, tapes, and other materials, used in connection with:
873	873	37 (1) a personal analysis, an evaluation, or a survey described in
874	874	38 subsection (b); or
875	875	39 (2) instruction on human sexuality.
876	876	40 (b) A student shall not be required to participate in a personal
877	877	41 analysis, an evaluation, or a survey that is not directly related to
878	878	42 academic instruction and that reveals or attempts to affect the student's
879	879	2022 IN 167—LS 7004/DI 116 20
880	880	1 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
881	881	2 (1) political affiliations;
882	882	3 (2) religious beliefs or practices;
883	883	4 (3) mental or psychological conditions that may embarrass the
884	884	5 student or the student's family;
885	885	6 (4) sexual behavior or attitudes;
886	886	7 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
887	887	8 (6) critical appraisals of other individuals with whom the student
888	888	9 has a close family relationship;
889	889	10 (7) legally recognized privileged or confidential relationships,
890	890	11 including a relationship with a lawyer, minister, or physician; or
891	891	12 (8) income (except as required by law to determine eligibility for
892	892	13 participation in a program or for receiving financial assistance
893	893	14 under a program);
894	894	15 without the prior written consent of the student if the student is an
895	895	16 adult or an emancipated minor or the prior written consent of the
896	896	17 student's parent if the student is an unemancipated minor. The consent
897	897	18 requirements described in this subsection may be fulfilled by
898	898	19 utilizing a functionality on the school's Internet web site in the
899	899	20 manner described in IC 20-30-17-4(e). A parental consent form for
900	900	21 a personal analysis, an evaluation, or a survey described in this
901	901	22 subsection shall accurately reflect the contents and nature of the
902	902	23 personal analysis, evaluation, or survey.
903	903	24 (c) Before a qualified school (as defined in IC 20-30-17-3) may
904	904	25 provide a student with instruction on human sexuality, the school must
905	905	26 provide the parent of the student or the student, if the student is an
906	906	27 adult or an emancipated minor, with a written request for consent of
907	907	28 instruction. A consent form provided to a parent of a student or a
908	908	29 student under this subsection must accurately summarize the contents
909	909	30 and nature of the instruction on human sexuality that will be provided
910	910	31 to the student and indicate that a parent of a student or an adult or
911	911	32 emancipated minor student has the right to review and inspect all
912	912	33 materials related to the instruction on human sexuality. The written
913	913	34 consent form may be sent in an electronic format. The parent of the
914	914	35 student or the student, if the student is an adult or an emancipated
915	915	36 minor, may return the consent form indicating that the parent of the
916	916	37 student or the adult or emancipated student:
917	917	38 (1) consents to the instruction; or
918	918	39 (2) declines instruction.
919	919	40 If a student does not participate in the instruction on human sexuality,
920	920	41 the qualified school (as defined in IC 20-30-17-3) shall provide the
921	921	42 student with alternative academic instruction during the same time
922	922	2022 IN 167—LS 7004/DI 116 21
923	923	1 frame that the instruction on human sexuality is provided.
924	924	2 (d) If the parent of the student or the student, if the student is an
925	925	3 adult or an emancipated minor, does not respond to the written request
926	926	4 provided by the school under subsection (c) within twenty-one (21)
927	927	5 calendar days after receiving the request under subsection (c), the
928	928	6 qualified school (as defined in IC 20-30-17-3) shall provide the parent
929	929	7 of the student, or the student, if the student is an adult or an
930	930	8 emancipated minor, a written notice requesting that the parent of the
931	931	9 student, or the student, if the student is an adult or an emancipated
932	932	10 minor, indicate, in a manner prescribed by the qualified school (as
933	933	11 defined in IC 20-30-17-3), whether the parent of the student or the
934	934	12 adult or emancipated student:
935	935	13 (1) consents to the instruction; or
936	936	14 (2) declines instruction.
937	937	15 A notice provided to a parent of a student or a student under this
938	938	16 subsection must accurately summarize the contents and nature of the
939	939	17 instruction on human sexuality that will be provided to the student and
940	940	18 indicate that a parent of a student or an adult or emancipated minor
941	941	19 student has the right to review and inspect all materials related to the
942	942	20 instruction on human sexuality. The notice may be sent in an electronic
943	943	21 format. If the qualified school (as defined in IC 20-30-17-3) does not
944	944	22 receive a response within ten (10) days after the notice, the student will
945	945	23 receive the instruction on human sexuality unless the parent or the
946	946	24 adult or emancipated student subsequently opts out of the instruction
947	947	25 for the student.
948	948	26 (e) The department and the governing body shall give parents and
949	949	27 students notice of their rights under this section.
950	950	28 (f) The governing body shall enforce this section.
951	951	29 SECTION 13. IC 20-30-17 IS ADDED TO THE INDIANA CODE
952	952	30 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
953	953	31 JULY 1, 2022]:
954	954	32 Chapter 17. Curriculum Portals
955	955	33 Sec. 1. As used in this chapter, "curricular material" has the
956	956	34 meaning set forth in IC 20-26-12.5-1.
957	957	35 Sec. 2. As used in this chapter, "educational activity" has the
958	958	36 meaning set forth in IC 20-26-12.5-2.
959	959	37 Sec. 3. As used in this chapter, "qualified school" means the
960	960	38 following:
961	961	39 (1) A school maintained by a school corporation.
962	962	40 (2) A charter school.
963	963	41 (3) A laboratory school established under IC 20-24.5-2.
964	964	42 (4) The Indiana School for the Blind and Visually Impaired
965	965	2022 IN 167—LS 7004/DI 116 22
966	966	1 established by IC 20-21-2-1.
967	967	2 (5) The Indiana School for the Deaf established by
968	968	3 IC 20-22-2-1.
969	969	4 Sec. 4. (a) This section applies to a curricular material or an
970	970	5 educational activity at a qualified school that is or is intended to be
971	971	6 assigned, distributed, or otherwise presented to:
972	972	7 (1) a student in a course or class for which the student
973	973	8 receives credit;
974	974	9 (2) a student, if use of the curricular material or participation
975	975	10 in the educational activity is required by the school
976	976	11 corporation or qualified school; or
977	977	12 (3) a student, and at least a majority of students in a grade
978	978	13 level are expected to use the curricular material or participate
979	979	14 in the educational activity.
980	980	15 (b) Not later than June 30, 2023, and not later than June 30 each
981	981	16 year thereafter, each qualified school shall post on the qualified
982	982	17 school's Internet web site, in a manner accessible to parents of
983	983	18 students who are attending the school, all electronic curricular
984	984	19 materials and a summary of educational activities. In addition, the
985	985	20 Internet web site shall list all nonelectronic curricular materials
986	986	21 and provide instruction for a parent to review the nonelectronic
987	987	22 curricular materials. Each qualified school shall allow a parent to
988	988	23 visit a school during normal business hours in a manner prescribed
989	989	24 by the qualified school to inspect nonelectronic curricular
990	990	25 materials. The curricular materials and educational activities
991	991	26 must, at a minimum, be disaggregated by grade level, teacher, and
992	992	27 subject area.
993	993	28 (c) The curricular materials described in subsection (a) shall be:
994	994	29 (1) for electronic curricular materials, posted on the qualified
995	995	30 school's Internet web site; or
996	996	31 (2) for nonelectronic curricular matters, made available at the
997	997	32 qualified school;
998	998	33 as far in advance of the use of the curricular materials in the
999	999	34 classroom as is practicable. Curricular materials that are not
1000	1000	35 posted to the qualified school's Internet web site in advance of the
1001	1001	36 use of the materials in the classroom must be either posted on the
1002	1002	37 Internet web site or made available for inspection at the qualified
1003	1003	38 school not later than five (5) days after the use of the materials in
1004	1004	39 the classroom.
1005	1005	40 (d) A summary of the educational activities described in
1006	1006	41 subsection (a) shall be posted on the qualified school's Internet web
1007	1007	42 site as far in advance of the use of the activity in the classroom as
1008	1008	2022 IN 167—LS 7004/DI 116 23
1009	1009	1 is practicable. In the event that a qualified school is unable to post
1010	1010	2 the summary of the educational activity to the qualified school's
1011	1011	3 Internet web site in advance of the use of the activity in the
1012	1012	4 classroom, the summary of the educational activity must be posted
1013	1013	5 on the qualified school's Internet web site not later than five (5)
1014	1014	6 days after the use of the activity in the classroom.
1015	1015	7 (e) The qualified school's Internet web site described in
1016	1016	8 subsection (b) must include a functionality that allows a parent of
1017	1017	9 a student to opt out of or opt in to curricular materials and
1018	1018	10 educational activities as defined by statute or as approved by the
1019	1019	11 governing body under IC 20-26-12.5-5.
1020	1020	12 Sec. 5. A student who has opted out of curricular materials or
1021	1021	13 educational activities under section 4(e) of this chapter must
1022	1022	14 continue to:
1023	1023	15 (1) receive instruction during the time period during which
1024	1024	16 the student has opted out; and
1025	1025	17 (2) remain compliant with the instructional time requirements
1026	1026	18 in IC 20-30-2-2.
1027	1027	19 Sec. 6. An individual with information regarding an alleged
1028	1028	20 violation of the requirements established in section 4 of this
1029	1029	21 chapter may present the information to the public access counselor
1030	1030	22 and request an advisory opinion under IC 5-14-4-10 as to whether
1031	1031	23 a school corporation, qualified school, or an employee of the school
1032	1032	24 corporation or qualified school is in compliance with the
1033	1033	25 requirements established under section 4 of this chapter.
1034	1034	26 Sec. 7. (a) The department shall:
1035	1035	27 (1) develop a model plan for presenting the information
1036	1036	28 described in section 4 of this chapter on a qualified school's
1037	1037	29 Internet web site; and
1038	1038	30 (2) post the model on the department's Internet web site.
1039	1039	31 (b) The department may develop or procure and make available
1040	1040	32 to schools a system that meets the requirements described in
1041	1041	33 section 4 of this chapter.
1042	1042	34 SECTION 14. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
1043	1043	35 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1044	1044	36 JULY 1, 2022]: Sec. 1. (a) The state board shall adopt clear, concise,
1045	1045	37 and jargon free state academic standards that are comparable to
1046	1046	38 national and international academic standards and the college and
1047	1047	39 career readiness educational standards adopted under IC 20-19-2-14.5.
1048	1048	40 These academic standards must be adopted for each grade level from
1049	1049	41 kindergarten through grade 12 for the following subjects:
1050	1050	42 (1) English/language arts.
1051	1051	2022 IN 167—LS 7004/DI 116 24
1052	1052	1 (2) Mathematics.
1053	1053	2 (3) Social studies.
1054	1054	3 (4) Science.
1055	1055	4 (b) For grade levels tested under the statewide assessment program,
1056	1056	5 the academic standards must be based in part on the results of the
1057	1057	6 statewide assessment program.
1058	1058	7 (c) Academic standards adopted under this chapter shall not
1059	1059	8 violate IC 20-33-1.5.
1060	1060	9 SECTION 15. IC 20-31-6-1, AS ADDED BY P.L.246-2005,
1061	1061	10 SECTION 175, IS AMENDED TO READ AS FOLLOWS
1062	1062	11 [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) The department shall develop
1063	1063	12 and make available to school corporations and nonpublic schools
1064	1064	13 materials that assist teachers, administrators, and staff in a school in
1065	1065	14 developing cultural competency for use in providing professional and
1066	1066	15 staff development programs.
1067	1067	16 (b) The materials developed under subsection (a) shall not
1068	1068	17 violate IC 20-28-10-20 or IC 20-33-1.5.
1069	1069	18 (c) The department shall post all materials developed under
1070	1070	19 subsection (a) on the department's Internet web site.
1071	1071	20 SECTION 16. IC 20-31-6-2, AS ADDED BY P.L.1-2005,
1072	1072	21 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1073	1073	22 JULY 1, 2022]: Sec. 2. (a) In developing a school's plan, the committee
1074	1074	23 shall consider methods to improve the cultural competency of the
1075	1075	24 school's teachers, administrators, staff, parents, and students.
1076	1076	25 (b) The committee shall:
1077	1077	26 (1) identify the racial, ethnic, language-minority, cultural,
1078	1078	27 exceptional learning, and socioeconomic groups that are included
1079	1079	28 in the school's student population;
1080	1080	29 (2) incorporate culturally appropriate strategies for increasing
1081	1081	30 educational opportunities and educational performance for each
1082	1082	31 group in the school's plan; and
1083	1083	32 (3) recommend areas in which additional professional
1084	1084	33 development is necessary to increase cultural competency in the
1085	1085	34 school's educational environment.
1086	1086	35 (c) The committee shall update annually the information identified
1087	1087	36 under subsection (b)(1).
1088	1088	37 (d) The plan or methods developed under this section shall not
1089	1089	38 violate IC 20-28-10-20 or IC 20-33-1.5.
1090	1090	39 SECTION 17. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
1091	1091	40 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1092	1092	41 JULY 1, 2022]:
1093	1093	42 Chapter 1.5. Dignity and Nondiscrimination in Education
1094	1094	2022 IN 167—LS 7004/DI 116 25
1095	1095	1 Sec. 1. As used in this chapter, "qualified school" has the
1096	1096	2 meaning set forth in IC 20-30-17-3.
1097	1097	3 Sec. 2. (a) In accordance with IC 20-33-1-1, a state agency (as
1098	1098	4 defined in IC 4-13-1.4-2), school corporation, or qualified school
1099	1099	5 shall not include or promote the following concepts as part of a
1100	1100	6 course of instruction or in a curriculum or instructional program,
1101	1101	7 or allow teachers or other employees of the school corporation or
1102	1102	8 qualified school, acting in their official capacity, to use
1103	1103	9 supplemental instructional materials that include or promote the
1104	1104	10 following concepts:
1105	1105	11 (1) That any sex, race, ethnicity, religion, color, national
1106	1106	12 origin, or political affiliation is inherently superior or inferior
1107	1107	13 to another sex, race, ethnicity, religion, color, national origin,
1108	1108	14 or political affiliation.
1109	1109	15 (2) That an individual, by virtue of their sex, race, ethnicity,
1110	1110	16 religion, color, national origin, or political affiliation is
1111	1111	17 inherently racist, sexist, or oppressive, whether consciously or
1112	1112	18 unconsciously.
1113	1113	19 (3) That an individual should be discriminated against or
1114	1114	20 receive adverse treatment solely or partly because of the
1115	1115	21 individual's sex, race, ethnicity, religion, color, national
1116	1116	22 origin, or political affiliation.
1117	1117	23 (4) That members of any sex, race, ethnicity, religion, color,
1118	1118	24 national origin, or political affiliation should not attempt to
1119	1119	25 treat others without respect to sex, race, ethnicity, religion,
1120	1120	26 color, national origin, or political affiliation.
1121	1121	27 (5) That an individual's moral character is necessarily
1122	1122	28 determined by the individual's sex, race, ethnicity, religion,
1123	1123	29 color, national origin, or political affiliation.
1124	1124	30 (6) That an individual, by virtue of the individual's sex, race,
1125	1125	31 ethnicity, religion, color, national origin, or political
1126	1126	32 affiliation, bears responsibility for actions committed in the
1127	1127	33 past by other members of the same sex, race, ethnicity,
1128	1128	34 religion, color, national origin, or political affiliation.
1129	1129	35 (7) That any individual should feel discomfort, guilt, anguish
1130	1130	36 responsibility, or any other form of psychological distress on
1131	1131	37 account of the individual's sex, race, ethnicity, religion, color,
1132	1132	38 national origin, or political affiliation.
1133	1133	39 (8) That meritocracy or traits such as hard work ethic are
1134	1134	40 racist or sexist, or were created by members of a particular
1135	1135	41 sex, race, ethnicity, religion, color, national origin, or political
1136	1136	42 affiliation to oppress members of another sex, race, ethnicity,
1137	1137	2022 IN 167—LS 7004/DI 116 26
1138	1138	1 religion, color, national origin, or political affiliation.
1139	1139	2 (b) If a state agency (as defined in IC 4-13-1.4-2), school
1140	1140	3 corporation, or qualified school or an employee of a state agency,
1141	1141	4 school corporation, or qualified school requires, makes part of a
1142	1142	5 course, awards a grade or course credit, including extra credit, or
1143	1143	6 otherwise incentivizes a student to engage in either:
1144	1144	7 (1) political activism, lobbying, or efforts to persuade
1145	1145	8 members of the legislative or executive branch at the federal,
1146	1146	9 state, or local level; or
1147	1147	10 (2) participation in any internship, practicum, or similar
1148	1148	11 activity involving social or public policy advocacy;
1149	1149	12 the state agency (as defined in IC 4-13-1.4-2), school corporation,
1150	1150	13 or qualified school or the employee of the state agency, school
1151	1151	14 corporation, or qualified school shall not require the student to
1152	1152	15 adopt, affirm, affiliate, or take any action that would result in
1153	1153	16 favoring any particular position on the issue or issues involved.
1154	1154	17 (c) It is the duty of the state agency, school corporation,
1155	1155	18 qualified school, or the employee of the state agency (as defined in
1156	1156	19 IC 4-13-1.4-2), school corporation, or qualified school to remain
1157	1157	20 impartial in teaching curricular materials or conducting
1158	1158	21 educational activities, including curricular material or activities
1159	1159	22 described in subsections (b)(1) and (b)(2), and to ensure that
1160	1160	23 students are free to express their own beliefs and viewpoints
1161	1161	24 concerning curricular materials and educational activities
1162	1162	25 including courses of activities described in subsection (b)(1) and
1163	1163	26 (b)(2) without discrimination. However, a school corporation or
1164	1164	27 qualified school may establish reasonable time, place, or manner
1165	1165	28 restrictions necessary to prevent the material and substantial
1166	1166	29 disruption of school activities.
1167	1167	30 (d) Nothing in this chapter may be construed so as to exclude the
1168	1168	31 teaching of historical injustices committed against any sex, race,
1169	1169	32 ethnicity, religion, color, national origin, or political affiliation.
1170	1170	33 (e) A school corporation or qualified school may not do the
1171	1171	34 following:
1172	1172	35 (1) Provide, contract to provide, offer, or sponsor any course
1173	1173	36 that includes, incorporates, or is based on practices prohibited
1174	1174	37 under this chapter or IC 20-28-10-20.
1175	1175	38 (2) Use money, property, assets, or resources for a purpose
1176	1176	39 that includes, incorporates, or is based on practices prohibited
1177	1177	40 under this chapter or IC 20-28-10-20.
1178	1178	41 (3) Adopt programs or use curricular material, instructional
1179	1179	42 material, curriculum, classroom assignments, orientation,
1180	1180	2022 IN 167—LS 7004/DI 116 27
1181	1181	1 interventions, or counseling that include, incorporate, or are
1182	1182	2 based on practices prohibited under this chapter or
1183	1183	3 IC 20-28-10-20.
1184	1184	4 (4) Execute a contract or agreement with an internal or
1185	1185	5 external entity or person to provide services, training,
1186	1186	6 professional development, or any other assistance that
1187	1187	7 includes or incorporates practices prohibited under this
1188	1188	8 chapter or IC 20-28-10-20.
1189	1189	9 (5) Receive or apply to receive money that requires, as a
1190	1190	10 condition of receipt of the money, the adoption of a course,
1191	1191	11 policy, curriculum, or any other instructional material that
1192	1192	12 includes, incorporates, or is based on practices prohibited
1193	1193	13 under this chapter or IC 20-28-10-20.
1194	1194	14 Sec. 3. (a) The department shall develop a complaint form, in a
1195	1195	15 manner prescribed by the department, to be used by a school
1196	1196	16 employee, parent, or emancipated student to file a complaint with
1197	1197	17 the principal of a qualified school for a violation of IC 20-26-21-2,
1198	1198	18 IC 20-28-10-20, IC 20-34-3-27, or section 2 of this chapter. The
1199	1199	19 department shall maintain a copy of the complaint form on the
1200	1200	20 department's Internet web site. In addition, each school
1201	1201	21 corporation and qualified school must maintain, and conspicuously
1202	1202	22 display, a link to the complaint form on the school corporation's or
1203	1203	23 qualified school's Internet web site.
1204	1204	24 (b) A school employee, parent, or emancipated student may file
1205	1205	25 a complaint with a principal of a qualified school, alleging a
1206	1206	26 violation of IC 20-26-21-2, IC 20-28-10-20, IC 20-34-3-27, or
1207	1207	27 section 2 of this chapter. The principal shall:
1208	1208	28 (1) investigate the complaint; and
1209	1209	29 (2) respond to the complaint by:
1210	1210	30 (A) acknowledging a violation of IC 20-26-21-2,
1211	1211	31 IC 20-28-10-20, IC 20-34-3-27, or section 2 of this chapter;
1212	1212	32 (B) denying a violation of IC 20-26-21-2, IC 20-28-10-20,
1213	1213	33 IC 20-34-3-27, or section 2 of this chapter; or
1214	1214	34 (C) determining that the evidence obtained during the
1215	1215	35 investigation of the complaint was inconclusive;
1216	1216	36 within five (5) days of receiving the complaint. If the principal
1217	1217	37 acknowledges a violation of IC 20-26-21-2, IC 20-28-10-20,
1218	1218	38 IC 20-34-3-27, or section 2 of this chapter, the principal shall
1219	1219	39 include a description of how the qualified school will remedy the
1220	1220	40 violation.
1221	1221	41 (c) If a school employee, parent, or emancipated student is not
1222	1222	42 satisfied with the principal's response under subsection (b), the
1223	1223	2022 IN 167—LS 7004/DI 116 28
1224	1224	1 school employee, parent, or emancipated student may submit an
1225	1225	2 appeal of the principal's response to the superintendent of the
1226	1226	3 school corporation, or the equivalent for a qualified school, within
1227	1227	4 ten (10) business days from the date of the principal's initial
1228	1228	5 response. The superintendent, or the equivalent for a qualified
1229	1229	6 school, shall respond to the appeal by:
1230	1230	7 (1) acknowledging a violation of IC 20-26-21-2,
1231	1231	8 IC 20-28-10-20, IC 20-34-3-27, or section 2 of this chapter;
1232	1232	9 (2) denying a violation of IC 20-26-21-2, IC 20-28-10-20,
1233	1233	10 IC 20-34-3-27, or section 2 of this chapter; or
1234	1234	11 (3) determining that the evidence of a violation is
1235	1235	12 inconclusive;
1236	1236	13 within ten (10) business days of the receipt of the appeal.
1237	1237	14 (d) A school employee, parent, or emancipated student may
1238	1238	15 submit a request to review the decision of the superintendent, or
1239	1239	16 the equivalent for a qualified school, under subsection (c) to the
1240	1240	17 governing body of the school corporation or the equivalent for a
1241	1241	18 qualified school. The request to review a decision under subsection
1242	1242	19 (c) must be submitted to the governing body in a manner
1243	1243	20 prescribed by the department. The governing body shall review the
1244	1244	21 request and issue a final order within thirty (30) days of receipt of
1245	1245	22 the request which shall be included on the school corporation's or
1246	1246	23 qualified school's Internet web site. If the governing body, or the
1247	1247	24 equivalent for a qualified school, determines that a violation of
1248	1248	25 IC 20-26-21-2, IC 20-28-10-20, IC 20-34-3-27, or section 2 of this
1249	1249	26 chapter occurred, the governing body shall provide a description
1250	1250	27 of the remedy for the violation.
1251	1251	28 Sec. 4. A school employee, parent, or emancipated student may
1252	1252	29 submit a request to the department to review a governing body's
1253	1253	30 final order under section 3(d) of this chapter. The department shall
1254	1254	31 review the request and issue findings within thirty (30) days of
1255	1255	32 receipt of the request. If the department determines that a violation
1256	1256	33 of IC 20-26-21-2, IC 20-28-10-20, IC 20-34-3-27, or section 2 of this
1257	1257	34 chapter occurred, the department shall provide a description of the
1258	1258	35 remedy for the violation.
1259	1259	36 Sec. 5. After receiving the department's decision under section
1260	1260	37 4 of this chapter, an individual may bring a civil action against a
1261	1261	38 state agency, school corporation, or qualified school pertaining to
1262	1262	39 the alleged violation addressed in the final order. A court may
1263	1263	40 award the following to an individual who prevails under this
1264	1264	41 subsection:
1265	1265	42 (1) Court costs and reasonable attorney's fees.
1266	1266	2022 IN 167—LS 7004/DI 116 29
1267	1267	1 (2) Actual damages resulting from the violation.
1268	1268	2 (3) Declaratory or injunctive relief.
1269	1269	3 Sec. 6. The provisions of this chapter are severable as provided
1270	1270	4 in IC 1-1-1-8(b).
1271	1271	5 SECTION 18. IC 20-34-3-27 IS ADDED TO THE INDIANA
1272	1272	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
1273	1273	7 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) A qualified school (as
1274	1274	8 defined in IC 20-30-17-3) may not:
1275	1275	9 (1) provide a student with ongoing or recurring consultation,
1276	1276	10 collaboration, or intervention services for mental,
1277	1277	11 social-emotional, or psychological health issues; or
1278	1278	12 (2) refer a student to community resources for mental,
1279	1279	13 social-emotional, or pyschological health services,
1280	1280	14 without obtaining prior written consent in the manner described
1281	1281	15 in subsection (b) from the student's parent, or the student, if the
1282	1282	16 student is emancipated.
1283	1283	17 (b) A consent form provided to a parent of a student or a
1284	1284	18 student under this section must accurately summarize the contents
1285	1285	19 and nature of the services described in subsection (a) that will be
1286	1286	20 provided to the student and indicate that a parent of a student or
1287	1287	21 an adult or emancipated student has the right to review and inspect
1288	1288	22 all materials related to the services to be provided to the student.
1289	1289	23 The written consent form may be sent in an electronic format. The
1290	1290	24 parent of the student or the student, if the student is an adult or an
1291	1291	25 emancipated minor, may return the consent form indicating that
1292	1292	26 the parent of the student or the adult or emancipated student
1293	1293	27 consents to the provision or administration of services to the
1294	1294	28 student. The qualified school (as defined in IC 20-30-17-3) may not
1295	1295	29 provide services described in subsection (a) to a student if the
1296	1296	30 parent of the student or the emancipated minor or adult student
1297	1297	31 does not provide written consent under this section.
1298	1298	32 (c) The governing body shall give parents and students notice of
1299	1299	33 their rights under this section.
1300	1300	34 (d) The governing body shall enforce this section.
1301	1301	35 (e) A school employee, parent, or emancipated student may file
1302	1302	36 a complaint for a violation under this section using the complaint
1303	1303	37 process described in IC 20-33-1.5-3 and IC 20-33-1.5-4.
1304	1304	38 (f) This section may not be construed to require qualified school
1305	1305	39 (as defined in IC 20-30-17-3) to obtain parental consent to identify
1306	1306	40 a potential health issue of a student or to provide an emergency
1307	1307	41 response in a crisis situation.
1308	1308	42 SECTION 19. IC 21-41-13 IS ADDED TO THE INDIANA CODE
1309	1309	2022 IN 167—LS 7004/DI 116 30
1310	1310	1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
1311	1311	2 JULY 1, 2022]:
1312	1312	3 Chapter 13. Dignity and Nondiscrimination in Postsecondary
1313	1313	4 Education
1314	1314	5 Sec. 1. (a) A teacher preparation program (as defined in
1315	1315	6 IC 20-28-3-1) shall not include or promote the following concepts
1316	1316	7 as part of a course of instruction or in a curriculum or
1317	1317	8 instructional program, or allow faculty or other employees of the
1318	1318	9 teacher preparation program, acting in their official capacity, to
1319	1319	10 use supplemental instructional materials that include or promote
1320	1320	11 the following concepts:
1321	1321	12 (1) Any sex, race, ethnicity, religion, color, national origin, or
1322	1322	13 political affiliation is inherently superior or inferior to
1323	1323	14 another sex, race, ethnicity, religion, color, national origin, or
1324	1324	15 political affiliation.
1325	1325	16 (2) That an individual, by virtue of their sex, race, ethnicity,
1326	1326	17 religion, color, national origin, or political affiliation is
1327	1327	18 inherently racist, sexist, or oppressive, whether consciously or
1328	1328	19 unconsciously.
1329	1329	20 (3) That an individual should be discriminated against or
1330	1330	21 receive adverse treatment solely or partly because of the
1331	1331	22 individual's sex, race, ethnicity, religion, color, national
1332	1332	23 origin, or political affiliation.
1333	1333	24 (4) That members of any sex, race, ethnicity, religion, color,
1334	1334	25 national origin, or political affiliation should not attempt to
1335	1335	26 treat others without respect to sex, race, ethnicity, religion,
1336	1336	27 color, national origin, or political affiliation.
1337	1337	28 (5) That an individual's moral character is necessarily
1338	1338	29 determined by the individual's sex, race, ethnicity, religion,
1339	1339	30 color, national origin, or political affiliation.
1340	1340	31 (6) That an individual, by virtue of the individual's sex, race,
1341	1341	32 ethnicity, religion, color, national origin, or political
1342	1342	33 affiliation, bears responsibility for actions committed in the
1343	1343	34 past by other members of the same sex, race, ethnicity,
1344	1344	35 religion, color, national origin, or political affiliation.
1345	1345	36 (7) That any individual should feel discomfort, guilt, anguish
1346	1346	37 responsibility, or any other form of psychological distress on
1347	1347	38 account of the individual's sex, race, ethnicity, religion, color,
1348	1348	39 national origin, or political affiliation.
1349	1349	40 (8) That meritocracy or traits such as hard work ethic are
1350	1350	41 racist or sexist, or were created by members of a particular
1351	1351	42 sex, race, ethnicity, religion, color, national origin, or political
1352	1352	2022 IN 167—LS 7004/DI 116 31
1353	1353	1 affiliation to oppress members of another sex, race, ethnicity,
1354	1354	2 religion, color, national origin, or political affiliation.
1355	1355	3 (b) An administrator, or any other employee of any state agency
1356	1356	4 (as defined in IC 4-13-1.4-2), or a teacher preparation program
1357	1357	5 may not require an employee of the teacher preparation program
1358	1358	6 to engage in training, orientation, or therapy that presents any
1359	1359	7 form of racial or sex stereotyping or blame on the basis of sex,
1360	1360	8 race, ethnicity, religion, color, national origin, or political
1361	1361	9 affiliation.
1362	1362	10 (c) Nothing in this chapter may be construed so as to exclude the
1363	1363	11 teaching of historical injustices committed by or against any sex,
1364	1364	12 race, ethnicity, religion, color, national origin, or political
1365	1365	13 affiliation.
1366	1366	14 Sec. 2. (a) In addition to any relief sought through the Office for
1367	1367	15 Civil Rights at the United States Department of Education, an
1368	1368	16 individual may, in the alternative, bring a civil action against a
1369	1369	17 state educational institution engaged in a violation under this
1370	1370	18 section.
1371	1371	19 (b) A court may award the following to an individual who
1372	1372	20 prevails under subsection (a):
1373	1373	21 (1) Court costs and reasonable attorney's fees.
1374	1374	22 (2) Actual damages resulting from the violation.
1375	1375	23 (3) Declaratory or injunctive relief.
1376	1376	24 Sec. 3. The provisions of this chapter are severable as provided
1377	1377	25 in IC 1-1-1-8(b).
1378	1378	26 SECTION 20. IC 24-4-16.4-2, AS ADDED BY P.L.92-2008,
1379	1379	27 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1380	1380	28 JULY 1, 2022]: Sec. 2. (a) As used in this chapter, "sexually explicit
1381	1381	29 materials" means a product or service:
1382	1382	30 (1) that is harmful to minors (as described in IC 35-49-2-2), even
1383	1383	31 if the product or service is not intended to be used by or offered
1384	1384	32 to a minor; or
1385	1385	33 (2) that is designed for use in, marketed primarily for, or provides
1386	1386	34 for:
1387	1387	35 (A) the stimulation of the human genital organs; or
1388	1388	36 (B) masochism or a masochistic experience, sadism or a
1389	1389	37 sadistic experience, sexual bondage, or sexual domination.
1390	1390	38 (b) The term does not include:
1391	1391	39 (1) birth control or contraceptive devices; or
1392	1392	40 (2) services, programs, products, or materials provided by a:
1393	1393	41 (A) communications service provider (as defined in
1394	1394	42 IC 8-1-32.6-3); or
1395	1395	2022 IN 167—LS 7004/DI 116 32
1396	1396	1 (B) physician. or
1397	1397	2 (C) public or nonpublic school.
1398	1398	3 SECTION 21. IC 35-49-3-4, AS AMENDED BY P.L.266-2019,
1399	1399	4 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1400	1400	5 JULY 1, 2022]: Sec. 4. (a) It is a defense to a prosecution under section
1401	1401	6 3 of this chapter for the defendant to show:
1402	1402	7 (1) that the matter was disseminated or that the performance was
1403	1403	8 performed for legitimate scientific or educational purposes;
1404	1404	9 (2) that the matter was disseminated or displayed to or that the
1405	1405	10 performance was performed before the recipient by a bona fide
1406	1406	11 school, college, university, museum, college library, or public
1407	1407	12 library that qualifies for certain property tax exemptions under
1408	1408	13 IC 6-1.1-10, university library or by an employee of such a
1409	1409	14 school, college, university, museum, college library, or public
1410	1410	15 library university library acting within the scope of the
1411	1411	16 employee's employment;
1412	1412	17 (3) that the defendant had reasonable cause to believe that the
1413	1413	18 minor involved was eighteen (18) years of age or older and that
1414	1414	19 the minor exhibited to the defendant a draft card, driver's license,
1415	1415	20 birth certificate, or other official or apparently official document
1416	1416	21 purporting to establish that the minor was eighteen (18) years of
1417	1417	22 age or older; or
1418	1418	23 (4) that the defendant was a salesclerk, motion picture
1419	1419	24 projectionist, usher, or ticket taker, acting within the scope of the
1420	1420	25 defendant's employment and that the defendant had no financial
1421	1421	26 interest in the place where the defendant was so employed.
1422	1422	27 (b) Except as provided in subsection (c), it is a defense to a
1423	1423	28 prosecution under section 3 of this chapter if all the following apply:
1424	1424	29 (1) A cellular telephone, another wireless or cellular
1425	1425	30 communications device, or a social networking web site was used
1426	1426	31 to disseminate matter to a minor that is harmful to minors.
1427	1427	32 (2) The defendant is not more than four (4) years older or younger
1428	1428	33 than the person who received the matter that is harmful to minors.
1429	1429	34 (3) The relationship between the defendant and the person who
1430	1430	35 received the matter that is harmful to minors was a dating
1431	1431	36 relationship or an ongoing personal relationship. For purposes of
1432	1432	37 this subdivision, the term "ongoing personal relationship" does
1433	1433	38 not include a family relationship.
1434	1434	39 (4) The crime was committed by a person less than twenty-two
1435	1435	40 (22) years of age.
1436	1436	41 (5) The person receiving the matter expressly or implicitly
1437	1437	42 acquiesced in the defendant's conduct.
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1439	1439	1 (c) The defense to a prosecution described in subsection (b) does
1440	1440	2 not apply if:
1441	1441	3 (1) the image is disseminated to a person other than the person:
1442	1442	4 (A) who sent the image; or
1443	1443	5 (B) who is depicted in the image; or
1444	1444	6 (2) the dissemination of the image violates:
1445	1445	7 (A) a protective order to prevent domestic or family violence
1446	1446	8 or harassment issued under IC 34-26-5 (or, if the order
1447	1447	9 involved a family or household member, under IC 34-26-2 or
1448	1448	10 IC 34-4-5.1-5 before their repeal);
1449	1449	11 (B) an ex parte protective order issued under IC 34-26-5 (or,
1450	1450	12 if the order involved a family or household member, an
1451	1451	13 emergency order issued under IC 34-26-2 or IC 34-4-5.1
1452	1452	14 before their repeal);
1453	1453	15 (C) a workplace violence restraining order issued under
1454	1454	16 IC 34-26-6;
1455	1455	17 (D) a no contact order in a dispositional decree issued under
1456	1456	18 IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or
1457	1457	19 IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an
1458	1458	20 order issued under IC 31-32-13 (or IC 31-6-7-14 before its
1459	1459	21 repeal) that orders the person to refrain from direct or indirect
1460	1460	22 contact with a child in need of services or a delinquent child;
1461	1461	23 (E) a no contact order issued as a condition of pretrial release,
1462	1462	24 including release on bail or personal recognizance, or pretrial
1463	1463	25 diversion, and including a no contact order issued under
1464	1464	26 IC 35-33-8-3.6;
1465	1465	27 (F) a no contact order issued as a condition of probation;
1466	1466	28 (G) a protective order to prevent domestic or family violence
1467	1467	29 issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2
1468	1468	30 before their repeal);
1469	1469	31 (H) a protective order to prevent domestic or family violence
1470	1470	32 issued under IC 31-14-16-1 in a paternity action;
1471	1471	33 (I) a no contact order issued under IC 31-34-25 in a child in
1472	1472	34 need of services proceeding or under IC 31-37-25 in a juvenile
1473	1473	35 delinquency proceeding;
1474	1474	36 (J) an order issued in another state that is substantially similar
1475	1475	37 to an order described in clauses (A) through (I);
1476	1476	38 (K) an order that is substantially similar to an order described
1477	1477	39 in clauses (A) through (I) and is issued by an Indian:
1478	1478	40 (i) tribe;
1479	1479	41 (ii) band;
1480	1480	42 (iii) pueblo;
1481	1481	2022 IN 167—LS 7004/DI 116 34
1482	1482	1 (iv) nation; or
1483	1483	2 (v) organized group or community, including an Alaska
1484	1484	3 Native village or regional or village corporation as defined
1485	1485	4 in or established under the Alaska Native Claims Settlement
1486	1486	5 Act (43 U.S.C. 1601 et seq.);
1487	1487	6 that is recognized as eligible for the special programs and
1488	1488	7 services provided by the United States to Indians because of
1489	1489	8 their special status as Indians;
1490	1490	9 (L) an order issued under IC 35-33-8-3.2; or
1491	1491	10 (M) an order issued under IC 35-38-1-30.
1492	1492	2022 IN 167—LS 7004/DI 116