Indiana 2023 Regular Session

Indiana Senate Bill SB0386 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. 386
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	age, sex, gender identity, sexual orientation, race, creed, color, marital
13	13	status, familial status, mental or physical disability, religion, or national
14	14	origin. Requires a request to meet with a teacher for certain complaints.
15	15	Requires each school corporation or qualified school to establish
16	16	grievance procedures for certain complaints. Provides that, if a parent
17	17	of a student or a student, if the student is an adult or an emancipated
18	18	minor, is not satisfied with a final decision, the parent or student may
19	19	submit a request to the secretary of education (secretary) to review the
20	20	complaint and decision. Provides that the secretary's decision is a final
21	21	order and is appealable. Requires the department of education to create
22	22	guidance materials and professional development materials for use by
23	23	school corporations, qualified schools, and teachers.
24	24	Effective: July 1, 2023.
25	25	Raatz
26	26	January 19, 2023, read first time and referred to Committee on Education and Career
27	27	Development.
28	28	2023 IN 386—LS 7282/DI 143 Introduced
29	29	First Regular Session of the 123rd General Assembly (2023)
30	30	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
31	31	Constitution) is being amended, the text of the existing provision will appear in this style type,
32	32	additions will appear in this style type, and deletions will appear in this style type.
33	33	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
34	34	provision adopted), the text of the new provision will appear in this style type. Also, the
35	35	word NEW will appear in that style type in the introductory clause of each SECTION that adds
36	36	a new provision to the Indiana Code or the Indiana Constitution.
37	37	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
38	38	between statutes enacted by the 2022 Regular Session of the General Assembly.
39	39	SENATE BILL No. 386
40	40	A BILL FOR AN ACT to amend the Indiana Code concerning
41	41	education.
42	42	Be it enacted by the General Assembly of the State of Indiana:
43	43	1 SECTION 1. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE
44	44	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
45	45	3 JULY 1, 2023]:
46	46	4 Chapter 1.5. Dignity and Nondiscrimination in Education
47	47	5 Sec. 1. As used in this chapter, "qualified school" means the
48	48	6 following:
49	49	7 (1) A school maintained by a school corporation.
50	50	8 (2) A charter school.
51	51	9 (3) A laboratory school established under IC 20-24.5-2.
52	52	10 (4) The Indiana School for the Blind and Visually Impaired
53	53	11 established by IC 20-21-2-1.
54	54	12 (5) The Indiana School for the Deaf established by
55	55	13 IC 20-22-2-1.
56	56	14 Sec. 2. As used in this chapter, "state agency" has the meaning
57	57	15 set forth in IC 4-13-1.4-2.
58	58	16 Sec. 3. (a) In accordance with IC 20-33-1-1, a school corporation
59	59	17 or qualified school shall not compel or promote, as part of a course
60	60	2023 IN 386—LS 7282/DI 143 2
61	61	1 of instruction or in a curriculum or instructional program, a
62	62	2 person to adopt, affirm, adhere to, or profess an idea that:
63	63	3 (1) a person or group of people of one (1) age, sex, gender
64	64	4 identity, sexual orientation, race, creed, color, marital status,
65	65	5 familial status, mental or physical disability, religion, or
66	66	6 national origin are inherently superior or inferior to a person
67	67	7 or group of people of another age, sex, gender identity, sexual
68	68	8 orientation, race, creed, color, marital status, familial status,
69	69	9 mental or physical disability, religion, or national origin;
70	70	10 (2) a person or group of people should be discriminated
71	71	11 against or receive adverse treatment solely or partly because
72	72	12 of the age, sex, gender identity, sexual orientation, race, creed,
73	73	13 color, marital status, familial status, mental or physical
74	74	14 disability, religion, or national origin of the person or group
75	75	15 of people; or
76	76	16 (3) a person or group of people of one (1) age, sex, gender
77	77	17 identity, sexual orientation, race, creed, color, marital status,
78	78	18 familial status, mental or physical disability, religion, or
79	79	19 national origin cannot and should not attempt to treat another
80	80	20 person or group of people equally and without regard to age,
81	81	21 sex, gender identity, sexual orientation, race, creed, color,
82	82	22 marital status, familial status, mental or physical disability,
83	83	23 religion, or national origin.
84	84	24 (b) A school corporation or qualified school shall not allow
85	85	25 teachers or other employees of the school corporation or qualified
86	86	26 school to use supplemental materials in a course of instruction or
87	87	27 in a curriculum or instructional program to compel or promote the
88	88	28 concepts listed in subsection (a).
89	89	29 (c) After July 1, 2023, any contract or agreement entered into
90	90	30 by a school corporation or qualified school must include the
91	91	31 following statement: "During the performance of this contract, the
92	92	32 contractor or its agent may not engage in workplace training of a
93	93	33 school employee that violates IC 20-33-1.5-3.".
94	94	34 Sec. 4. A school corporation or qualified school may not do the
95	95	35 following:
96	96	36 (1) Provide, contract to provide, offer, or sponsor any course
97	97	37 that promotes practices prohibited under this chapter. This
98	98	38 subdivision includes programs, curricular materials,
99	99	39 instructional materials, curriculum, classroom assignments,
100	100	40 orientation, interventions, or counseling offered by a state
101	101	41 agency.
102	102	42 (2) Use money, property, assets, or resources for a purpose
103	103	2023 IN 386—LS 7282/DI 143 3
104	104	1 that promotes practices prohibited under this chapter.
105	105	2 (3) Adopt programs or use curricular material, instructional
106	106	3 material, curriculum, classroom assignments, orientation,
107	107	4 interventions, or counseling that promote practices prohibited
108	108	5 under this chapter. This subdivision includes curricular
109	109	6 materials, instructional materials, curriculum, classroom
110	110	7 assignments, orientations, interventions, or counseling offered
111	111	8 by a state agency.
112	112	9 (4) Execute a contract or agreement with an internal or
113	113	10 external entity or person to provide services, training,
114	114	11 professional development, or any other assistance that
115	115	12 promotes practices prohibited under this chapter. This
116	116	13 subdivision includes contracts to provide services, training,
117	117	14 professional development, or any other assistance with a state
118	118	15 agency.
119	119	16 (5) Receive or apply to receive money that requires, as a
120	120	17 condition of receipt of the money, the adoption of a course,
121	121	18 policy, curriculum, or any other instructional material that
122	122	19 promotes practices prohibited under this chapter. This
123	123	20 subdivision includes money received from a state agency.
124	124	21 Sec. 5. Nothing in this chapter shall be construed to exclude the
125	125	22 teaching or discussion of:
126	126	23 (1) the ideas and history of the concepts described in section
127	127	24 3 of this chapter;
128	128	25 (2) ideas or public policy issues that an individual may find
129	129	26 unwelcome, disagreeable, or offensive; or
130	130	27 (3) the curriculum required under IC 20-30-5-7.
131	131	28 Sec. 6. (a) If a parent of a student or a student, if the student is
132	132	29 an adult or emancipated minor, of a school corporation or
133	133	30 qualified school has a complaint regarding:
134	134	31 (1) the use or proposed use of specific learning material in the
135	135	32 classroom; or
136	136	33 (2) an alleged violation of this chapter;
137	137	34 by a teacher, the parent or student, if the student is an adult or
138	138	35 emancipated minor, shall request a meeting with the teacher to
139	139	36 discuss the complaint.
140	140	37 (b) If a parent or student described in subsection (a) is not
141	141	38 satisfied with the resolution of the meeting with a teacher under
142	142	39 subsection (a), the parent or student may submit a complaint
143	143	40 through the grievance procedure maintained by the school
144	144	41 corporation or qualified school under section 7 of this chapter.
145	145	42 Sec. 7. (a) Each school corporation or qualified school shall
146	146	2023 IN 386—LS 7282/DI 143 4
147	147	1 establish and maintain a grievance procedure for the resolution of
148	148	2 a complaint submitted by a parent of a student or a student, if the
149	149	3 student is an adult or emancipated minor, for a complaint
150	150	4 described in section 6 of this chapter if the parent or student is not
151	151	5 satisfied with the resolution of the meeting with the teacher under
152	152	6 section 6 of this chapter.
153	153	7 (b) A grievance procedure under this section must include a
154	154	8 complaint form that a parent or student described in subsection (a)
155	155	9 may submit to the school corporation or qualified school for a
156	156	10 complaint described in subsection (a).
157	157	11 (c) A school corporation or qualified school shall post the
158	158	12 following on the qualified school's website:
159	159	13 (1) The grievance procedure established by the school
160	160	14 corporation or qualified school under subsection (a).
161	161	15 (2) The complaint form described in subsection (b).
162	162	16 (d) A grievance procedure submitted under this section must
163	163	17 receive a hearing by the governing body not later than thirty (30)
164	164	18 days after receipt of the complaint.
165	165	19 Sec. 8. (a) If a parent or student described in section 7(a) of this
166	166	20 chapter is not satisfied with the final decision by a school
167	167	21 corporation or qualified school regarding a complaint submitted
168	168	22 under section 7 of this chapter, not later than ten (10) days after
169	169	23 the final decision the parent or student may submit an appeal to
170	170	24 the secretary of education, on a form prescribed by the
171	171	25 department, to review the complaint and decision.
172	172	26 (b) The secretary of education shall review the appeal submitted
173	173	27 under subsection (a) and issue a final order not later than sixty (60)
174	174	28 days after the date that the department receives the request. An
175	175	29 order issued by the secretary of education is a final order unless an
176	176	30 appeal is filed in accordance with IC 4-21.5-5.
177	177	31 (c) An appeal under this section is governed by IC 4-21.5-3.
178	178	32 Sec. 9. (a) The department shall:
179	179	33 (1) develop guidance materials for school corporations and
180	180	34 qualified schools to assist school corporations and qualified
181	181	35 schools in implementing this chapter;
182	182	36 (2) develop professional development materials for teachers
183	183	37 and school employees to assist teachers and school employees
184	184	38 in complying with this chapter; and
185	185	39 (3) post the guidance materials and professional development
186	186	40 materials on the department's website.
187	187	41 (b) The guidance materials and professional development
188	188	42 materials created under subsection (a) must be in alignment with
189	189	2023 IN 386—LS 7282/DI 143 5
190	190	1 the following objectives:
191	191	2 (1) That students should engage with a variety of viewpoints
192	192	3 on challenging issues facilitated by teachers and school
193	193	4 employees who promote independent thought over an
194	194	5 advancement of the teacher's or school employee's personal
195	195	6 beliefs.
196	196	7 (2) That a teacher or school employee should be prepared to
197	197	8 help students discern, evaluate, and analyze information, to
198	198	9 question and verify the credibility of the information's source,
199	199	10 and to make their own reasoned judgments supported by
200	200	11 evidence.
201	201	12 (3) A teacher or school employee should be prepared to
202	202	13 discuss challenging issues in the classroom and not avoid
203	203	14 them.
204	204	15 Sec. 10. If a teacher or school employee is found in violation of
205	205	16 this chapter, the teacher or school employee must engage in
206	206	17 professional development in compliance with section 9 of this
207	207	18 chapter.
208	208	2023 IN 386—LS 7282/DI 143