Introduced Version
SENATE BILL No. 386
_____
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
age, sex, gender identity, sexual orientation, race, creed, color, marital
status, familial status, mental or physical disability, religion, or national
origin. Requires a request 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 an emancipated
minor, is not satisfied with a final decision, the parent or student may
submit a request to the secretary of education (secretary) to review the
complaint and decision. Provides that the secretary's decision is a final
order and is appealable. Requires the department of education to create
guidance materials and professional development materials for use by
school corporations, qualified schools, and teachers.
Effective: July 1, 2023.
Raatz
January 19, 2023, read first time and referred to Committee on Education and Career
Development.
2023 IN 386—LS 7282/DI 143 Introduced
First Regular Session of the 123rd General Assembly (2023)
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SENATE BILL No. 386
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 shall not compel or promote, as part of a course
2023 IN 386—LS 7282/DI 143 2
1 of instruction or in a curriculum or instructional program, a
2 person to adopt, affirm, adhere to, or profess an idea that:
3 (1) a person or group of people of one (1) age, sex, gender
4 identity, sexual orientation, race, creed, color, marital status,
5 familial status, mental or physical disability, religion, or
6 national origin are inherently superior or inferior to a person
7 or group of people of another age, sex, gender identity, sexual
8 orientation, race, creed, color, marital status, familial status,
9 mental or physical disability, religion, or national origin;
10 (2) a person or group of people should be discriminated
11 against or receive adverse treatment solely or partly because
12 of the age, sex, gender identity, sexual orientation, race, creed,
13 color, marital status, familial status, mental or physical
14 disability, religion, or national origin of the person or group
15 of people; or
16 (3) a person or group of people of one (1) age, sex, gender
17 identity, sexual orientation, race, creed, color, marital status,
18 familial status, mental or physical disability, religion, or
19 national origin cannot and should not attempt to treat another
20 person or group of people equally and without regard to age,
21 sex, gender identity, sexual orientation, race, creed, color,
22 marital status, familial status, mental or physical disability,
23 religion, or national origin.
24 (b) A school corporation or qualified school shall not allow
25 teachers or other employees of the school corporation or qualified
26 school to use supplemental materials in a course of instruction or
27 in a curriculum or instructional program to compel or promote the
28 concepts listed in subsection (a).
29 (c) After July 1, 2023, any contract or agreement entered into
30 by a school corporation or qualified school must include the
31 following statement: "During the performance of this contract, the
32 contractor or its agent may not engage in workplace training of a
33 school employee that violates IC 20-33-1.5-3.".
34 Sec. 4. A school corporation or qualified school may not do the
35 following:
36 (1) Provide, contract to provide, offer, or sponsor any course
37 that promotes practices prohibited under this chapter. This
38 subdivision includes programs, curricular materials,
39 instructional materials, curriculum, classroom assignments,
40 orientation, interventions, or counseling offered by a state
41 agency.
42 (2) Use money, property, assets, or resources for a purpose
2023 IN 386—LS 7282/DI 143 3
1 that promotes practices prohibited under this chapter.
2 (3) Adopt programs or use curricular material, instructional
3 material, curriculum, classroom assignments, orientation,
4 interventions, or counseling that promote practices prohibited
5 under this chapter. This subdivision includes curricular
6 materials, instructional materials, curriculum, classroom
7 assignments, orientations, interventions, or counseling offered
8 by a state agency.
9 (4) Execute a contract or agreement with an internal or
10 external entity or person to provide services, training,
11 professional development, or any other assistance that
12 promotes practices prohibited under this chapter. This
13 subdivision includes contracts to provide services, training,
14 professional development, or any other assistance with a state
15 agency.
16 (5) Receive or apply to receive money that requires, as a
17 condition of receipt of the money, the adoption of a course,
18 policy, curriculum, or any other instructional material that
19 promotes practices prohibited under this chapter. This
20 subdivision includes money received from a state agency.
21 Sec. 5. Nothing in this chapter shall be construed to exclude the
22 teaching or discussion of:
23 (1) the ideas and history of the concepts described in section
24 3 of this chapter;
25 (2) ideas or public policy issues that an individual may find
26 unwelcome, disagreeable, or offensive; or
27 (3) the curriculum required under IC 20-30-5-7.
28 Sec. 6. (a) If a parent of a student or a student, if the student is
29 an adult or emancipated minor, of a school corporation or
30 qualified school has a complaint regarding:
31 (1) the use or proposed use of specific learning material in the
32 classroom; or
33 (2) an alleged violation of this chapter;
34 by a teacher, the parent or student, if the student is an adult or
35 emancipated minor, shall request a meeting with the teacher to
36 discuss the complaint.
37 (b) If a parent or student described in subsection (a) is not
38 satisfied with the resolution of the meeting with a teacher under
39 subsection (a), the parent or student may submit a complaint
40 through the grievance procedure maintained by the school
41 corporation or qualified school under section 7 of this chapter.
42 Sec. 7. (a) Each school corporation or qualified school shall
2023 IN 386—LS 7282/DI 143 4
1 establish and maintain a grievance procedure for the resolution of
2 a complaint submitted by a parent of a student or a student, if the
3 student is an adult or emancipated minor, for a complaint
4 described in section 6 of this chapter if the parent or student is not
5 satisfied with the resolution of the meeting with the teacher under
6 section 6 of this chapter.
7 (b) A grievance procedure under this section must include a
8 complaint form that a parent or student described in subsection (a)
9 may submit to the school corporation or qualified school for a
10 complaint described in subsection (a).
11 (c) A school corporation or qualified school shall post the
12 following on the qualified school's website:
13 (1) The grievance procedure established by the school
14 corporation or qualified school under subsection (a).
15 (2) The complaint form described in subsection (b).
16 (d) A grievance procedure submitted under this section must
17 receive a hearing by the governing body not later than thirty (30)
18 days after receipt of the complaint.
19 Sec. 8. (a) If a parent or student described in section 7(a) of this
20 chapter is not satisfied with the final decision by a school
21 corporation or qualified school regarding a complaint submitted
22 under section 7 of this chapter, not later than ten (10) days after
23 the final decision the parent or student may submit an appeal to
24 the secretary of education, on a form prescribed by the
25 department, to review the complaint and decision.
26 (b) The secretary of education shall review the appeal submitted
27 under subsection (a) and issue a final order not later than sixty (60)
28 days after the date that the department receives the request. An
29 order issued by the secretary of education is a final order unless an
30 appeal is filed in accordance with IC 4-21.5-5.
31 (c) An appeal under this section is governed by IC 4-21.5-3.
32 Sec. 9. (a) The department shall:
33 (1) develop guidance materials for school corporations and
34 qualified schools to assist school corporations and qualified
35 schools in implementing this chapter;
36 (2) develop professional development materials for teachers
37 and school employees to assist teachers and school employees
38 in complying with this chapter; and
39 (3) post the guidance materials and professional development
40 materials on the department's website.
41 (b) The guidance materials and professional development
42 materials created under subsection (a) must be in alignment with
2023 IN 386—LS 7282/DI 143 5
1 the following objectives:
2 (1) That students should engage with a variety of viewpoints
3 on challenging issues facilitated by teachers and school
4 employees who promote independent thought over an
5 advancement of the teacher's or school employee's personal
6 beliefs.
7 (2) That a teacher or school employee should be prepared to
8 help students discern, evaluate, and analyze information, to
9 question and verify the credibility of the information's source,
10 and to make their own reasoned judgments supported by
11 evidence.
12 (3) A teacher or school employee should be prepared to
13 discuss challenging issues in the classroom and not avoid
14 them.
15 Sec. 10. If a teacher or school employee is found in violation of
16 this chapter, the teacher or school employee must engage in
17 professional development in compliance with section 9 of this
18 chapter.
2023 IN 386—LS 7282/DI 143