Indiana 2023 Regular Session

Indiana House Bill HB1523 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. 1523
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-33-1.5.
7	7	Synopsis: Dignity and nondiscrimination in education. Provides that
8	8	a school corporation or qualified school shall not promote certain
9	9	concepts as part of a course of instruction or in a curriculum or
10	10	instructional program, or allow teachers or other employees to use
11	11	supplemental learning materials to promote certain concepts regarding
12	12	sex, race, ethnicity, religion, color, or national origin. Requires
13	13	requesting to meet with a teacher for certain complaints. Requires each
14	14	school corporation or qualified school to establish grievance
15	15	procedures for certain complaints. Provides that, if a parent of a student
16	16	or a student, if the student is an adult or emancipated minor, is not
17	17	satisfied with a final decision, the parent or student may submit a
18	18	request to the department of education to review the complaint and
19	19	decision.
20	20	Effective: July 1, 2023.
21	21	Borders
22	22	January 19, 2023, read first time and referred to Committee on Education.
23	23	2023 IN 1523—LS 7206/DI 143 Introduced
24	24	First Regular Session of the 123rd General Assembly (2023)
25	25	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	26	Constitution) is being amended, the text of the existing provision will appear in this style type,
27	27	additions will appear in this style type, and deletions will appear in this style type.
28	28	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	29	provision adopted), the text of the new provision will appear in this style type. Also, the
30	30	word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	31	a new provision to the Indiana Code or the Indiana Constitution.
32	32	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	33	between statutes enacted by the 2022 Regular Session of the General Assembly.
34	34	HOUSE BILL No. 1523
35	35	A BILL FOR AN ACT to amend the Indiana Code concerning
36	36	education.
37	37	Be it enacted by the General Assembly of the State of Indiana:
38	38	1 SECTION 1. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
39	39	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
40	40	3 JULY 1, 2023]:
41	41	4 Chapter 1.5. Dignity and Nondiscrimination in Education
42	42	5 Sec. 1. As used in this chapter, "qualified school" means the
43	43	6 following:
44	44	7 (1) A school maintained by a school corporation.
45	45	8 (2) A charter school.
46	46	9 (3) A laboratory school established under IC 20-24.5-2.
47	47	10 (4) The Indiana School for the Blind and Visually Impaired
48	48	11 established by IC 20-21-2-1.
49	49	12 (5) The Indiana School for the Deaf established by
50	50	13 IC 20-22-2-1.
51	51	14 Sec. 2. As used in this chapter, "state agency" has the meaning
52	52	15 set forth in IC 4-13-1.4-2.
53	53	16 Sec. 3. (a) In accordance with IC 20-33-1-1, a school corporation
54	54	17 or qualified school:
55	55	2023 IN 1523—LS 7206/DI 143 2
56	56	1 (1) shall not promote as part of a course of instruction or in a
57	57	2 curriculum or instructional program the concept that any sex,
58	58	3 race, ethnicity, religion, color, or national origin is inherently
59	59	4 superior or inferior to another sex, race, ethnicity, religion,
60	60	5 color, or national origin;
61	61	6 (2) shall not promote as part of a course of instruction or in a
62	62	7 curriculum or instructional program the concept that an
63	63	8 individual should be treated adversely or preferentially
64	64	9 because of the individual's sex, race, ethnicity, religion, color,
65	65	10 or national origin; and
66	66	11 (3) shall not promote as part of a course of instruction or in a
67	67	12 curriculum or instructional program the concept that an
68	68	13 individual, by virtue of sex, race, ethnicity, religion, color, or
69	69	14 national origin, is inherently responsible for actions
70	70	15 committed in the past by other members of the same sex, race,
71	71	16 ethnicity, religion, color, or national origin.
72	72	17 (b) A school corporation or qualified school shall not allow
73	73	18 teachers or other employees of the school corporation or qualified
74	74	19 school to use supplemental materials in a course of instruction or
75	75	20 in a curriculum or instructional program to promote the concepts
76	76	21 listed in subsection (a).
77	77	22 Sec. 4. A school corporation or qualified school may not do the
78	78	23 following:
79	79	24 (1) Provide, contract to provide, offer, or sponsor any course
80	80	25 that promotes practices prohibited under this chapter. This
81	81	26 subdivision includes programs, curricular materials,
82	82	27 instructional materials, curriculum, classroom assignments,
83	83	28 orientation, interventions, or counseling offered by a state
84	84	29 agency.
85	85	30 (2) Use money, property, assets, or resources for a purpose
86	86	31 that promotes practices prohibited under this chapter.
87	87	32 (3) Adopt programs or use curricular material, instructional
88	88	33 material, curriculum, classroom assignments, orientation,
89	89	34 interventions, or counseling that promote practices prohibited
90	90	35 under this chapter. This subdivision includes curricular
91	91	36 materials, instructional materials, curriculum, classroom
92	92	37 assignments, orientations, interventions, or counseling offered
93	93	38 by a state agency.
94	94	39 (4) Execute a contract or agreement with an internal or
95	95	40 external entity or person to provide services, training,
96	96	41 professional development, or any other assistance that
97	97	42 promotes practices prohibited under this chapter. This
98	98	2023 IN 1523—LS 7206/DI 143 3
99	99	1 subdivision includes contracts to provide services, training,
100	100	2 professional development, or any other assistance with a state
101	101	3 agency.
102	102	4 (5) Receive or apply to receive money that requires, as a
103	103	5 condition of receipt of the money, the adoption of a course,
104	104	6 policy, curriculum, or any other instructional material that
105	105	7 promotes practices prohibited under this chapter. This
106	106	8 subdivision includes money received from a state agency.
107	107	9 Sec. 5. Nothing in this chapter shall be construed to exclude the
108	108	10 teaching or discussion of factual history or historical injustices
109	109	11 committed against any sex, race, ethnicity, religion, color, or
110	110	12 national origin, including the teaching and discussion of
111	111	13 curriculum required under IC 20-30-5-7.
112	112	14 Sec. 6. (a) If a parent of a student or student, if the student is an
113	113	15 adult or emancipated minor, of a school corporation or qualified
114	114	16 school has a complaint regarding:
115	115	17 (1) the use or proposed use of specific learning material in the
116	116	18 classroom; or
117	117	19 (2) an alleged violation of this chapter;
118	118	20 by a teacher, the parent or student may request a meeting, and the
119	119	21 school corporation or qualified school shall provide an opportunity
120	120	22 for the parent or student to meet with the teacher to discuss the
121	121	23 complaint.
122	122	24 (b) If a parent or student described in subsection (a) is not
123	123	25 satisfied with the resolution of the meeting with a teacher under
124	124	26 subsection (a), the parent or student may submit a complaint
125	125	27 through the grievance procedure maintained by the qualified
126	126	28 school under section 7 of this chapter.
127	127	29 Sec. 7. (a) Each school corporation or qualified school shall
128	128	30 establish and maintain a grievance procedure for the resolution of
129	129	31 a complaint submitted by a parent of a student or student, if the
130	130	32 student is an adult or emancipated minor, for a complaint
131	131	33 described in section 6 of this chapter if the parent or student is not
132	132	34 satisfied with the resolution of the meeting with the teacher under
133	133	35 section 6 of this chapter.
134	134	36 (b) A grievance procedure under this section must include a
135	135	37 complaint form that a parent or student described in subsection (a)
136	136	38 may submit to the qualified school for a complaint described in
137	137	39 subsection (a).
138	138	40 (c) A qualified school shall post the following on the qualified
139	139	41 school's website:
140	140	42 (1) The grievance procedure established by the school
141	141	2023 IN 1523—LS 7206/DI 143 4
142	142	1 corporation or qualified school under subsection (a).
143	143	2 (2) The complaint form described in subsection (b).
144	144	3 Sec. 8. (a) If a parent or student described in section 7(a) of this
145	145	4 chapter is not satisfied with the final decision by a school
146	146	5 corporation or qualified school regarding a complaint submitted
147	147	6 under section 7 of this chapter, the parent or student may submit
148	148	7 a request to the department, on a form prescribed by the
149	149	8 department, to review the complaint and decision.
150	150	9 (b) The department shall review the request submitted under
151	151	10 subsection (a) and issue a final order not later than thirty (30) days
152	152	11 after the date that the department receives the request.
153	153	12 Sec. 9. The department shall:
154	154	13 (1) develop guidance materials for school corporations and
155	155	14 qualified schools to assist school corporations and qualified
156	156	15 schools in implementing this chapter; and
157	157	16 (2) post the guidance materials on the department's website.
158	158	2023 IN 1523—LS 7206/DI 143