Indiana 2023 Regular Session

Indiana House Bill HB1338 Compare Versions

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

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1338
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26-21; IC 20-30-5-17; IC 20-33-1.5;
7	7	IC 21-41-13.
8	8	Synopsis: Education matters. Provides that a teacher, administrator,
9	9	or other employee of a school corporation or charter school shall not
10	10	promote in any course certain concepts related to race or sex. Provides
11	11	that a state educational institution may not require a student enrolled
12	12	at the state educational institution to engage in any form of mandatory
13	13	gender or sexual diversity training or counseling. Provides that a state
14	14	educational institution may not require a student of the state
15	15	educational institution to attend any student orientation or other
16	16	training or presentation that presents information regarding race or sex
17	17	stereotyping or bias on the basis of race or sex. Provides that a student
18	18	shall not be required to participate in a personal analysis, an evaluation,
19	19	or a survey that is established or administered by: (1) a school
20	20	corporation; (2) a public school; (3) a state accredited nonpublic
21	21	school; (4) the department of education (department); or (5) a third
22	22	party vendor of a school corporation, a school, or the department;
23	23	without the prior consent of the student if the student is an adult or an
24	24	emancipated minor or the prior written consent of the student's parent
25	25	if the student is an unemancipated minor. (Current law provides that a
26	26	student shall not be required to participate in a personal analysis, an
27	27	evaluation, or a survey that is not directly related to academic
28	28	instruction and that reveals or attempts to affect the student's attitudes,
29	29	habits, traits, opinions, beliefs, or feelings concerning certain matters
30	30	without the prior consent of the student if the student is an adult or an
31	31	emancipated minor or the prior written consent of the student's parent
32	32	if the student is an unemancipated minor.) Establishes certain
33	33	requirements regarding contracts or agreements with third party
34	34	(Continued next page)
35	35	Effective: Upon passage; July 1, 2023.
36	36	Lindauer
37	37	January 17, 2023, read first time and referred to Committee on Education.
38	38	2023 IN 1338—LS 6281/DI 110 Digest Continued
39	39	vendors to: (1) collect or share information from a student personal
40	40	analysis, evaluation, or survey; or (2) provide software or software
41	41	tools that can be used for data collection, analysis, evaluation, or survey
42	42	of a student.
43	43	2023 IN 1338—LS 6281/DI 1102023 IN 1338—LS 6281/DI 110 Introduced
44	44	First Regular Session of the 123rd General Assembly (2023)
45	45	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
46	46	Constitution) is being amended, the text of the existing provision will appear in this style type,
47	47	additions will appear in this style type, and deletions will appear in this style type.
48	48	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
49	49	provision adopted), the text of the new provision will appear in this style type. Also, the
50	50	word NEW will appear in that style type in the introductory clause of each SECTION that adds
51	51	a new provision to the Indiana Code or the Indiana Constitution.
52	52	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
53	53	between statutes enacted by the 2022 Regular Session of the General Assembly.
54	54	HOUSE BILL No. 1338
55	55	A BILL FOR AN ACT to amend the Indiana Code concerning
56	56	education.
57	57	Be it enacted by the General Assembly of the State of Indiana:
58	58	1 SECTION 1. IC 20-26-21 IS ADDED TO THE INDIANA CODE
59	59	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
60	60	3 JULY 1, 2023]:
61	61	4 Chapter 21. Contracts or Agreements with Third Party Vendors
62	62	5 Sec. 1. As used in this chapter, "school" means the following:
63	63	6 (1) A public school, including a charter school.
64	64	7 (2) An accredited nonpublic school.
65	65	8 Sec. 2. If the department, a school corporation, or a school
66	66	9 enters into a contract or an agreement with a third party vendor
67	67	10 to:
68	68	11 (1) collect or share information of a personal analysis,
69	69	12 evaluation, or survey described in IC 20-30-5-17(b); or
70	70	13 (2) provide software or software tools that can be used for
71	71	14 data collection, analysis, evaluation, or survey of a student;
72	72	15 the terms of the contract or agreement must be available for
73	73	2023 IN 1338—LS 6281/DI 110 2
74	74	1 inspection on the department's, school corporation's, or school's
75	75	2 website.
76	76	3 Sec. 3. The department, a school corporation, or a school may
77	77	4 not authorize a third party vendor to act in the same capacity as a
78	78	5 school official for purposes of collecting a student's personal
79	79	6 identifiable information.
80	80	7 Sec. 4. Any contract or agreement described in section 2 of this
81	81	8 chapter must include data privacy and protection requirements to
82	82	9 protect student information, including provisions that:
83	83	10 (1) require that any information collected by the third party
84	84	11 vendor is subject to 20 U.S.C. 1232h (protection of pupil
85	85	12 rights); and
86	86	13 (2) provide that access to any student information collected by
87	87	14 a third party vendor is limited to an employee of the
88	88	15 department, school corporation, or school that is a party to
89	89	16 the contract or agreement unless otherwise authorized by the:
90	90	17 (A) student's parent if the student is an unemancipated
91	91	18 minor; or
92	92	19 (B) student if the student is an adult or an emancipated
93	93	20 minor.
94	94	21 SECTION 2. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
95	95	22 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
96	96	23 JULY 1, 2023]: Sec. 17. (a) Each school corporation shall make
97	97	24 available for inspection by the parent of a student any instructional
98	98	25 materials, including teachers' manuals, curricular materials, films or
99	99	26 other video materials, tapes, and other materials, used in connection
100	100	27 with:
101	101	28 (1) a personal analysis, an evaluation, or a survey described in
102	102	29 subsection (b); or
103	103	30 (2) instruction on human sexuality.
104	104	31 (b) This subsection does not apply to an academic test or
105	105	32 assessment. A student shall not be required to participate in a personal
106	106	33 analysis, an evaluation, or a survey that is not directly related to
107	107	34 academic instruction and that reveals or attempts to affect the student's
108	108	35 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
109	109	36 (1) political affiliations;
110	110	37 (2) religious beliefs or practices;
111	111	38 (3) mental or psychological conditions that may embarrass the
112	112	39 student or the student's family;
113	113	40 (4) sexual behavior or attitudes;
114	114	41 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
115	115	42 (6) critical appraisals of other individuals with whom the student
116	116	2023 IN 1338—LS 6281/DI 110 3
117	117	1 has a close family relationship;
118	118	2 (7) legally recognized privileged or confidential relationships,
119	119	3 including a relationship with a lawyer, minister, or physician; or
120	120	4 (8) income (except as required by law to determine eligibility for
121	121	5 participation in a program or for receiving financial assistance
122	122	6 under a program);
123	123	7 established or administered by:
124	124	8 (1) a school corporation;
125	125	9 (2) a public school, including a charter school;
126	126	10 (3) an accredited nonpublic school;
127	127	11 (4) the department; or
128	128	12 (5) a third party vendor of:
129	129	13 (A) a school corporation;
130	130	14 (B) a school described in subdivision (2) or (3); or
131	131	15 (C) the department;
132	132	16 without the prior consent of the student if the student is an adult or an
133	133	17 emancipated minor or the prior written consent of the student's parent
134	134	18 if the student is an unemancipated minor. A parental consent form for
135	135	19 a personal analysis, an evaluation, or a survey described in this
136	136	20 subsection shall accurately reflect the contents and nature of the
137	137	21 personal analysis, evaluation, or survey. The consent form must
138	138	22 indicate whether information collected by the personal analysis,
139	139	23 evaluation, or survey will be collected or shared with a third party
140	140	24 vendor of a school corporation, a school, or the department.
141	141	25 (c) Before a school may provide a student with instruction on human
142	142	26 sexuality, the school must provide the parent of the student or the
143	143	27 student, if the student is an adult or an emancipated minor, with a
144	144	28 written request for consent of instruction. A consent form provided to
145	145	29 a parent of a student or a student under this subsection must accurately
146	146	30 summarize the contents and nature of the instruction on human
147	147	31 sexuality that will be provided to the student and indicate that a parent
148	148	32 of a student or an adult or emancipated minor student has the right to
149	149	33 review and inspect all materials related to the instruction on human
150	150	34 sexuality. The written consent form may be sent in an electronic
151	151	35 format. The parent of the student or the student, if the student is an
152	152	36 adult or an emancipated minor, may return the consent form indicating
153	153	37 that the parent of the student or the adult or emancipated minor
154	154	38 student:
155	155	39 (1) consents to the instruction; or
156	156	40 (2) declines instruction.
157	157	41 If a student does not participate in the instruction on human sexuality,
158	158	42 the school shall provide the student with alternative academic
159	159	2023 IN 1338—LS 6281/DI 110 4
160	160	1 instruction during the same time frame that the instruction on human
161	161	2 sexuality is provided.
162	162	3 (d) If the parent of the student or the student, if the student is an
163	163	4 adult or an emancipated minor, does not respond to the written request
164	164	5 provided by the school under subsection (c) within twenty-one (21)
165	165	6 calendar days after receiving the request under subsection (c), the
166	166	7 school shall provide the parent of the student, or the student, if the
167	167	8 student is an adult or an emancipated minor, a written notice requesting
168	168	9 that the parent of the student, or the student, if the student is an adult
169	169	10 or an emancipated minor, indicate, in a manner prescribed by the
170	170	11 school, whether the parent of the student or the adult or emancipated
171	171	12 minor student:
172	172	13 (1) consents to the instruction; or
173	173	14 (2) declines instruction.
174	174	15 A notice provided to a parent of a student or a student under this
175	175	16 subsection must accurately summarize the contents and nature of the
176	176	17 instruction on human sexuality that will be provided to the student and
177	177	18 indicate that a parent of a student or an adult or emancipated minor
178	178	19 student has the right to review and inspect all materials related to the
179	179	20 instruction on human sexuality. The notice may be sent in an electronic
180	180	21 format. If the school does not receive a response within ten (10) days
181	181	22 after the notice, the student will receive the instruction on human
182	182	23 sexuality unless the parent or the adult or emancipated minor student
183	183	24 subsequently opts out of the instruction for the student.
184	184	25 (e) The department and the governing body shall give parents and
185	185	26 students notice of their rights under this section.
186	186	27 (f) The governing body shall enforce this section.
187	187	28 SECTION 3. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
188	188	29 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
189	189	30 UPON PASSAGE]:
190	190	31 Chapter 1.5. Dignity and Nondiscrimination in Education
191	191	32 Sec. 1. In accordance with IC 20-33-1-1, a teacher,
192	192	33 administrator, or other employee of a school corporation or
193	193	34 charter school shall not promote the following concepts in a course:
194	194	35 (1) A particular race or sex is inherently superior to another
195	195	36 race or sex.
196	196	37 (2) An individual, by virtue of the individual's race or sex, is
197	197	38 inherently racist, sexist, or oppressive, whether consciously or
198	198	39 unconsciously.
199	199	40 (3) An individual should be discriminated against or receive
200	200	41 adverse treatment solely or partly because of the individual's
201	201	42 race or sex.
202	202	2023 IN 1338—LS 6281/DI 110 5
203	203	1 (4) An individual's moral character is necessarily determined
204	204	2 by the individual's race or sex.
205	205	3 (5) An individual, by virtue of the individual's race or sex,
206	206	4 bears responsibility for actions committed in the past by other
207	207	5 members of the same race or sex.
208	208	6 (6) An individual should feel discomfort, guilt, anguish, or any
209	209	7 other form of psychological distress on account of the
210	210	8 individual's race or sex.
211	211	9 (7) Meritocracy or traits such as a hard work ethic are racist
212	212	10 or sexist or were created by members of a particular race to
213	213	11 oppress members of another race.
214	214	12 Sec. 2. The state board shall adopt rules under IC 4-22-2
215	215	13 necessary to implement this chapter.
216	216	14 SECTION 4. IC 21-41-13 IS ADDED TO THE INDIANA CODE
217	217	15 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
218	218	16 UPON PASSAGE]:
219	219	17 Chapter 13. Dignity and Nondiscrimination in Postsecondary
220	220	18 Education
221	221	19 Sec. 1. A state educational institution may not require a student
222	222	20 enrolled at the state educational institution to engage in any form
223	223	21 of mandatory gender or sexual diversity training or counseling.
224	224	22 However, voluntary counseling is not prohibited.
225	225	23 Sec. 2. A state educational institution may not require a student
226	226	24 of the state educational institution to attend any student orientation
227	227	25 or other training or presentation that presents information
228	228	26 regarding race or sex stereotyping or bias on the basis of race or
229	229	27 sex.
230	230	28 Sec. 3. The commission for higher education shall adopt rules
231	231	29 under IC 4-22-2 necessary to implement this chapter.
232	232	30 SECTION 5. An emergency is declared for this act.
233	233	2023 IN 1338—LS 6281/DI 110