Introduced Version
HOUSE BILL No. 1523
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-33-1.5.
Synopsis: Dignity and nondiscrimination in education. Provides that
a school corporation or qualified school shall not promote certain
concepts as part of a course of instruction or in a curriculum or
instructional program, or allow teachers or other employees to use
supplemental learning materials to promote certain concepts regarding
sex, race, ethnicity, religion, color, or national origin. Requires
requesting to meet with a teacher for certain complaints. Requires each
school corporation or qualified school to establish grievance
procedures for certain complaints. Provides that, if a parent of a student
or a student, if the student is an adult or emancipated minor, is not
satisfied with a final decision, the parent or student may submit a
request to the department of education to review the complaint and
decision.
Effective: July 1, 2023.
Borders
January 19, 2023, read first time and referred to Committee on Education.
2023 IN 1523—LS 7206/DI 143 Introduced
First Regular Session of the 123rd General Assembly (2023)
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HOUSE BILL No. 1523
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 1.5. Dignity and Nondiscrimination in Education
5 Sec. 1. As used in this chapter, "qualified school" means the
6 following:
7 (1) A school maintained by a school corporation.
8 (2) A charter school.
9 (3) A laboratory school established under IC 20-24.5-2.
10 (4) The Indiana School for the Blind and Visually Impaired
11 established by IC 20-21-2-1.
12 (5) The Indiana School for the Deaf established by
13 IC 20-22-2-1.
14 Sec. 2. As used in this chapter, "state agency" has the meaning
15 set forth in IC 4-13-1.4-2.
16 Sec. 3. (a) In accordance with IC 20-33-1-1, a school corporation
17 or qualified school:
2023 IN 1523—LS 7206/DI 143 2
1 (1) shall not promote as part of a course of instruction or in a
2 curriculum or instructional program the concept that any sex,
3 race, ethnicity, religion, color, or national origin is inherently
4 superior or inferior to another sex, race, ethnicity, religion,
5 color, or national origin;
6 (2) shall not promote as part of a course of instruction or in a
7 curriculum or instructional program the concept that an
8 individual should be treated adversely or preferentially
9 because of the individual's sex, race, ethnicity, religion, color,
10 or national origin; and
11 (3) shall not promote as part of a course of instruction or in a
12 curriculum or instructional program the concept that an
13 individual, by virtue of sex, race, ethnicity, religion, color, or
14 national origin, is inherently responsible for actions
15 committed in the past by other members of the same sex, race,
16 ethnicity, religion, color, or national origin.
17 (b) A school corporation or qualified school shall not allow
18 teachers or other employees of the school corporation or qualified
19 school to use supplemental materials in a course of instruction or
20 in a curriculum or instructional program to promote the concepts
21 listed in subsection (a).
22 Sec. 4. A school corporation or qualified school may not do the
23 following:
24 (1) Provide, contract to provide, offer, or sponsor any course
25 that promotes practices prohibited under this chapter. This
26 subdivision includes programs, curricular materials,
27 instructional materials, curriculum, classroom assignments,
28 orientation, interventions, or counseling offered by a state
29 agency.
30 (2) Use money, property, assets, or resources for a purpose
31 that promotes practices prohibited under this chapter.
32 (3) Adopt programs or use curricular material, instructional
33 material, curriculum, classroom assignments, orientation,
34 interventions, or counseling that promote practices prohibited
35 under this chapter. This subdivision includes curricular
36 materials, instructional materials, curriculum, classroom
37 assignments, orientations, interventions, or counseling offered
38 by a state agency.
39 (4) Execute a contract or agreement with an internal or
40 external entity or person to provide services, training,
41 professional development, or any other assistance that
42 promotes practices prohibited under this chapter. This
2023 IN 1523—LS 7206/DI 143 3
1 subdivision includes contracts to provide services, training,
2 professional development, or any other assistance with a state
3 agency.
4 (5) Receive or apply to receive money that requires, as a
5 condition of receipt of the money, the adoption of a course,
6 policy, curriculum, or any other instructional material that
7 promotes practices prohibited under this chapter. This
8 subdivision includes money received from a state agency.
9 Sec. 5. Nothing in this chapter shall be construed to exclude the
10 teaching or discussion of factual history or historical injustices
11 committed against any sex, race, ethnicity, religion, color, or
12 national origin, including the teaching and discussion of
13 curriculum required under IC 20-30-5-7.
14 Sec. 6. (a) If a parent of a student or student, if the student is an
15 adult or emancipated minor, of a school corporation or qualified
16 school has a complaint regarding:
17 (1) the use or proposed use of specific learning material in the
18 classroom; or
19 (2) an alleged violation of this chapter;
20 by a teacher, the parent or student may request a meeting, and the
21 school corporation or qualified school shall provide an opportunity
22 for the parent or student to meet with the teacher to discuss the
23 complaint.
24 (b) If a parent or student described in subsection (a) is not
25 satisfied with the resolution of the meeting with a teacher under
26 subsection (a), the parent or student may submit a complaint
27 through the grievance procedure maintained by the qualified
28 school under section 7 of this chapter.
29 Sec. 7. (a) Each school corporation or qualified school shall
30 establish and maintain a grievance procedure for the resolution of
31 a complaint submitted by a parent of a student or student, if the
32 student is an adult or emancipated minor, for a complaint
33 described in section 6 of this chapter if the parent or student is not
34 satisfied with the resolution of the meeting with the teacher under
35 section 6 of this chapter.
36 (b) A grievance procedure under this section must include a
37 complaint form that a parent or student described in subsection (a)
38 may submit to the qualified school for a complaint described in
39 subsection (a).
40 (c) A qualified school shall post the following on the qualified
41 school's website:
42 (1) The grievance procedure established by the school
2023 IN 1523—LS 7206/DI 143 4
1 corporation or qualified school under subsection (a).
2 (2) The complaint form described in subsection (b).
3 Sec. 8. (a) If a parent or student described in section 7(a) of this
4 chapter is not satisfied with the final decision by a school
5 corporation or qualified school regarding a complaint submitted
6 under section 7 of this chapter, the parent or student may submit
7 a request to the department, on a form prescribed by the
8 department, to review the complaint and decision.
9 (b) The department shall review the request submitted under
10 subsection (a) and issue a final order not later than thirty (30) days
11 after the date that the department receives the request.
12 Sec. 9. The department shall:
13 (1) develop guidance materials for school corporations and
14 qualified schools to assist school corporations and qualified
15 schools in implementing this chapter; and
16 (2) post the guidance materials on the department's website.
2023 IN 1523—LS 7206/DI 143