Indiana 2023 Regular Session

Indiana Senate Bill SB0413 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. 413
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 20-26-21.
7	7	Synopsis: Parental rights in education. Requires a governing body of
8	8	a school corporation to adopt procedures to require schools to notify a
9	9	parent of an unemancipated minor student regarding the: (1) student's
10	10	services, support, or monitoring related to the student's social
11	11	emotional, behavioral, mental, or physical health; or (2) school's ability
12	12	to provide a safe and supportive learning environment for the student.
13	13	Establishes requirements and restrictions regarding the procedures.
14	14	Prohibits school corporation personnel or a third party vendor that
15	15	contracts with a school corporation from providing instruction on
16	16	sexual orientation or gender identity: (1) to any students of the school
17	17	corporation enrolled in kindergarten through grade 12; or (2) in a
18	18	manner that is not age appropriate or developmentally appropriate for
19	19	students in accordance with state law. Establishes requirements
20	20	regarding: (1) student support services training; (2) notifying parents
21	21	of social emotional, behavioral, mental, and physical health services or
22	22	support offered by a school corporation and the parent's option to
23	23	withhold consent or decline any of those health services or support; and
24	24	(3) administering a social emotional, behavioral, mental, or physical
25	25	health personal analysis or evaluation, questionnaire, screening, survey,
26	26	or assessment to an unemancipated minor student enrolled in
27	27	kindergarten through grade 12. Requires a school corporation to notify
28	28	the parent of each student enrolled in a school maintained by the school
29	29	corporation if the school corporation permits a student of that school
30	30	to use a multiple occupancy restroom or locker room that is designated
31	31	for a sex that is not the student's biological sex. Requires a school
32	32	corporation to: (1) establish a grievance procedure for a violation of the
33	33	(Continued next page)
34	34	Effective: July 1, 2023.
35	35	Byrne
36	36	January 19, 2023, read first time and referred to Committee on Education and Career
37	37	Development.
38	38	2023 IN 413—LS 7266/DI 110 Digest Continued
39	39	provisions; and (2) post the grievance procedure on the school
40	40	corporation's website. Provides that a parent who is not satisfied with
41	41	a decision by a school principal or principal's designee regarding a
42	42	complaint by the parent may request the department of education
43	43	(department) to review the complaint and decision. Provides that a
44	44	parent of a student may bring a civil action against the school
45	45	corporation for a violation of the provisions. Requires, not later than
46	46	May 30, 2024, the department to adopt or update, as necessary and as
47	47	approved by the state board of education, certain student services,
48	48	personnel guidelines, standards, frameworks, practices, and principles.
49	49	2023 IN 413—LS 7266/DI 1102023 IN 413—LS 7266/DI 110 Introduced
50	50	First Regular Session of the 123rd General Assembly (2023)
51	51	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
52	52	Constitution) is being amended, the text of the existing provision will appear in this style type,
53	53	additions will appear in this style type, and deletions will appear in this style type.
54	54	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
55	55	provision adopted), the text of the new provision will appear in this style type. Also, the
56	56	word NEW will appear in that style type in the introductory clause of each SECTION that adds
57	57	a new provision to the Indiana Code or the Indiana Constitution.
58	58	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
59	59	between statutes enacted by the 2022 Regular Session of the General Assembly.
60	60	SENATE BILL No. 413
61	61	A BILL FOR AN ACT to amend the Indiana Code concerning
62	62	education.
63	63	Be it enacted by the General Assembly of the State of Indiana:
64	64	1 SECTION 1. IC 20-26-21 IS ADDED TO THE INDIANA CODE
65	65	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
66	66	3 JULY 1, 2023]:
67	67	4 Chapter 21. Parental Rights in Education
68	68	5 Sec. 1. (a) A governing body of a school corporation shall adopt
69	69	6 procedures to require a school maintained by the school
70	70	7 corporation to notify a parent of an unemancipated minor student
71	71	8 if there is a change in the:
72	72	9 (1) student's services, support, or monitoring related to the
73	73	10 student's social emotional, behavioral, mental, or physical
74	74	11 health; or
75	75	12 (2) school's ability to provide a safe and supportive learning
76	76	13 environment for the student.
77	77	14 (b) The procedures adopted under subsection (a) must reinforce
78	78	15 the fundamental right of a parent to make decisions regarding the
79	79	2023 IN 413—LS 7266/DI 110 2
80	80	1 upbringing and control of the parent's unemancipated minor
81	81	2 student by requiring school corporation personnel to:
82	82	3 (1) encourage an unemancipated minor student to discuss
83	83	4 issues relating to the student's social emotional, behavioral,
84	84	5 mental, or physical health with the student's parent; and
85	85	6 (2) facilitate discussion with the student's parent regarding
86	86	7 issues related to the student's social emotional, behavioral,
87	87	8 mental, or physical health.
88	88	9 Sec. 2. The procedures adopted under section 1 of this chapter
89	89	10 may not prohibit a parent of an unemancipated minor student
90	90	11 from accessing:
91	91	12 (1) any of the unemancipated minor student's health or
92	92	13 education records created, maintained, or used by the school
93	93	14 corporation; or
94	94	15 (2) any other records of the unemancipated minor student
95	95	16 that are created, maintained, or used by a community mental
96	96	17 health center or provider under IC 20-34-3-21.
97	97	18 Sec. 3. (a) A governing body of a school corporation may not
98	98	19 adopt or implement procedures or student support forms that:
99	99	20 (1) prohibit school corporation personnel from notifying a
100	100	21 parent of an unemancipated minor student about:
101	101	22 (A) the student's social emotional, behavioral, mental, or
102	102	23 physical health; or
103	103	24 (B) a change in services, support, or monitoring related to
104	104	25 a student's social emotional, behavioral, mental, or
105	105	26 physical health; or
106	106	27 (2) encourage or have the effect of encouraging an
107	107	28 unemancipated minor student to withhold from a parent of
108	108	29 the student the information described in subdivision (1).
109	109	30 (b) School corporation personnel may not discourage or
110	110	31 prohibit parental notification of and involvement in decisions
111	111	32 affecting a student's social emotional, behavioral, mental, or
112	112	33 physical health.
113	113	34 (c) If a school maintained by a school corporation believes that
114	114	35 a disclosure required under this chapter would result in abuse,
115	115	36 abandonment, or neglect of a student, the school shall make a
116	116	37 report in accordance with IC 12-17.2-3.5 or IC 31-33-5.
117	117	38 Sec. 4. School corporation personnel or a third party vendor
118	118	39 that contracts with a school corporation may not provide
119	119	40 instruction on sexual orientation or gender identity:
120	120	41 (1) to any students of the school corporation enrolled in
121	121	42 kindergarten through grade 12; or
122	122	2023 IN 413—LS 7266/DI 110 3
123	123	1 (2) in a manner that is not age appropriate or
124	124	2 developmentally appropriate for students in accordance with
125	125	3 state law.
126	126	4 Sec. 5. Student support services training developed or provided
127	127	5 by a school corporation to school corporation personnel must
128	128	6 adhere to student services guidelines and frameworks established
129	129	7 by the department and aligned to the standards adopted by the
130	130	8 state board.
131	131	9 Sec. 6. (a) At the beginning of each school year, each school
132	132	10 corporation shall notify a parent of each unemancipated minor
133	133	11 student enrolled in the school corporation regarding:
134	134	12 (1) each social emotional, behavioral, mental, and physical
135	135	13 health service or support offered at the student's school; and
136	136	14 (2) the parent's option to withhold consent or decline any
137	137	15 social emotional, behavioral, mental, and physical health
138	138	16 service or support.
139	139	17 (b) Parental consent to a social emotional, behavioral, mental,
140	140	18 and physical health service or support does not waive the right of
141	141	19 a parent of an unemancipated minor student:
142	142	20 (1) to access the student's education or health records; or
143	143	21 (2) to be notified about a change in the student's services,
144	144	22 supports, or monitoring as described in section 1(a)(1) of this
145	145	23 chapter.
146	146	24 Sec. 7. Notwithstanding IC 20-30-5-17(b), before administering
147	147	25 any social emotional, behavioral, mental, or physical health
148	148	26 personal analysis or evaluation, questionnaire, screening, survey,
149	149	27 or assessment to an unemancipated minor student enrolled in
150	150	28 kindergarten through grade 12, the school corporation must
151	151	29 provide the personal analysis or evaluation, questionnaire,
152	152	30 screening, survey, or assessment to the parent of the student for
153	153	31 inspection and obtain the written consent of the parent.
154	154	32 Sec. 8. A school corporation may not provide a student
155	155	33 individualized behavioral instruction or intervention services for
156	156	34 mental, social emotional, behavioral, or health issues identified or
157	157	35 recommended through a personal analysis or evaluation,
158	158	36 questionnaire, screening, survey, or assessment described in section
159	159	37 7 of this chapter unless the school corporation obtains written,
160	160	38 informed consent from the student's parent or the student, if the
161	161	39 student is an emancipated minor or an adult.
162	162	40 Sec. 9. (a) As used in this section, "multiple occupancy restroom
163	163	41 or changing area" means a room or area in a school building that
164	164	42 may be used by more than one (1) student at a time and in which
165	165	2023 IN 413—LS 7266/DI 110 4
166	166	1 a student may be in various stages of undress in the presence of
167	167	2 other individuals.
168	168	3 (b) A school corporation shall notify the parent of each student
169	169	4 enrolled in a school maintained by the school corporation, or the
170	170	5 student, if the student is an emancipated minor or an adult, if the
171	171	6 school corporation permits a student of that school to use a
172	172	7 multiple occupancy restroom or locker room that is designated for
173	173	8 a sex that is not the student's biological sex.
174	174	9 Sec. 10. (a) Each school corporation shall establish and maintain
175	175	10 a grievance procedure for the resolution of a complaint submitted
176	176	11 by a parent of a student for a violation of this chapter.
177	177	12 (b) At a minimum, a grievance procedure under this section
178	178	13 must provide that:
179	179	14 (1) a parent of a student may submit a complaint with the
180	180	15 principal or principal's designee of the student's school; and
181	181	16 (2) not later than thirty (30) days after the date the principal
182	182	17 or principal's designee receives the complaint, the principal or
183	183	18 the principal's designee must issue a decision that either:
184	184	19 (A) resolves the complaint; or
185	185	20 (B) provides information explaining the reasons that the
186	186	21 complaint has not been resolved.
187	187	22 Sec. 11. (a) If a parent of a student is not satisfied with the
188	188	23 decision under section 10(b)(2) of this chapter, the parent may
189	189	24 submit a request to the department, on a form prescribed by the
190	190	25 department, to review the complaint and decision.
191	191	26 (b) The department shall review the request submitted under
192	192	27 subsection (a) and issue a final order not later than thirty (30) days
193	193	28 after the date that the department receives the request.
194	194	29 (c) A school corporation shall post on the school corporation's
195	195	30 website the grievance procedure established by the school
196	196	31 corporation under section 10(a) of this chapter.
197	197	32 Sec. 12. (a) Notwithstanding IC 34-13-3-3(a), if a:
198	198	33 (1) school corporation or third party vendor violates this
199	199	34 chapter; or
200	200	35 (2) school corporation, third party vendor, or school
201	201	36 corporation personnel violates any procedures adopted
202	202	37 pursuant to this chapter;
203	203	38 a parent of a student may bring a civil action against the school
204	204	39 corporation for the violation.
205	205	40 (b) The court may award to a parent who prevails in an action
206	206	41 under subsection (a) any of the following:
207	207	42 (1) Injunctive relief.
208	208	2023 IN 413—LS 7266/DI 110 5
209	209	1 (2) The greater of:
210	210	2 (A) actual and consequential damages resulting from the
211	211	3 violation; or
212	212	4 (B) liquidated damages of not more than one thousand
213	213	5 dollars ($1,000).
214	214	6 (3) Any other appropriate relief determined by the court.
215	215	7 (c) The court shall award to a parent who prevails in an action
216	216	8 under subsection (a) costs and reasonable attorney's fees.
217	217	9 Sec. 13. Not later than May 30, 2024, and in accordance with the
218	218	10 requirements of this chapter, the department shall adopt or
219	219	11 update, as necessary and as approved by the state board, the
220	220	12 following:
221	221	13 (1) School counseling frameworks and standards.
222	222	14 (2) Educator practices and professional conduct principles.
223	223	15 (3) Any other student services, personnel guidelines,
224	224	16 standards, or frameworks.
225	225	2023 IN 413—LS 7266/DI 110