Introduced Version
SENATE BILL No. 413
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-21.
Synopsis: Parental rights in education. Requires a governing body of
a school corporation to adopt procedures to require schools to notify a
parent of an unemancipated minor student regarding the: (1) student's
services, support, or monitoring related to the student's social
emotional, behavioral, mental, or physical health; or (2) school's ability
to provide a safe and supportive learning environment for the student.
Establishes requirements and restrictions regarding the procedures.
Prohibits school corporation personnel or a third party vendor that
contracts with a school corporation from providing instruction on
sexual orientation or gender identity: (1) to any students of the school
corporation enrolled in kindergarten through grade 12; or (2) in a
manner that is not age appropriate or developmentally appropriate for
students in accordance with state law. Establishes requirements
regarding: (1) student support services training; (2) notifying parents
of social emotional, behavioral, mental, and physical health services or
support offered by a school corporation and the parent's option to
withhold consent or decline any of those health services or support; and
(3) administering a social emotional, behavioral, mental, or physical
health personal analysis or evaluation, questionnaire, screening, survey,
or assessment to an unemancipated minor student enrolled in
kindergarten through grade 12. Requires a school corporation to notify
the parent of each student enrolled in a school maintained by the school
corporation if the school corporation permits a student of that school
to use a multiple occupancy restroom or locker room that is designated
for a sex that is not the student's biological sex. Requires a school
corporation to: (1) establish a grievance procedure for a violation of the
(Continued next page)
Effective: July 1, 2023.
Byrne
January 19, 2023, read first time and referred to Committee on Education and Career
Development.
2023 IN 413—LS 7266/DI 110 Digest Continued
provisions; and (2) post the grievance procedure on the school
corporation's website. Provides that a parent who is not satisfied with
a decision by a school principal or principal's designee regarding a
complaint by the parent may request the department of education
(department) to review the complaint and decision. Provides that a
parent of a student may bring a civil action against the school
corporation for a violation of the provisions. Requires, not later than
May 30, 2024, the department to adopt or update, as necessary and as
approved by the state board of education, certain student services,
personnel guidelines, standards, frameworks, practices, and principles.
2023 IN 413—LS 7266/DI 1102023 IN 413—LS 7266/DI 110 Introduced
First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE BILL No. 413
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 20-26-21 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2023]:
4 Chapter 21. Parental Rights in Education
5 Sec. 1. (a) A governing body of a school corporation shall adopt
6 procedures to require a school maintained by the school
7 corporation to notify a parent of an unemancipated minor student
8 if there is a change in the:
9 (1) student's services, support, or monitoring related to the
10 student's social emotional, behavioral, mental, or physical
11 health; or
12 (2) school's ability to provide a safe and supportive learning
13 environment for the student.
14 (b) The procedures adopted under subsection (a) must reinforce
15 the fundamental right of a parent to make decisions regarding the
2023 IN 413—LS 7266/DI 110 2
1 upbringing and control of the parent's unemancipated minor
2 student by requiring school corporation personnel to:
3 (1) encourage an unemancipated minor student to discuss
4 issues relating to the student's social emotional, behavioral,
5 mental, or physical health with the student's parent; and
6 (2) facilitate discussion with the student's parent regarding
7 issues related to the student's social emotional, behavioral,
8 mental, or physical health.
9 Sec. 2. The procedures adopted under section 1 of this chapter
10 may not prohibit a parent of an unemancipated minor student
11 from accessing:
12 (1) any of the unemancipated minor student's health or
13 education records created, maintained, or used by the school
14 corporation; or
15 (2) any other records of the unemancipated minor student
16 that are created, maintained, or used by a community mental
17 health center or provider under IC 20-34-3-21.
18 Sec. 3. (a) A governing body of a school corporation may not
19 adopt or implement procedures or student support forms that:
20 (1) prohibit school corporation personnel from notifying a
21 parent of an unemancipated minor student about:
22 (A) the student's social emotional, behavioral, mental, or
23 physical health; or
24 (B) a change in services, support, or monitoring related to
25 a student's social emotional, behavioral, mental, or
26 physical health; or
27 (2) encourage or have the effect of encouraging an
28 unemancipated minor student to withhold from a parent of
29 the student the information described in subdivision (1).
30 (b) School corporation personnel may not discourage or
31 prohibit parental notification of and involvement in decisions
32 affecting a student's social emotional, behavioral, mental, or
33 physical health.
34 (c) If a school maintained by a school corporation believes that
35 a disclosure required under this chapter would result in abuse,
36 abandonment, or neglect of a student, the school shall make a
37 report in accordance with IC 12-17.2-3.5 or IC 31-33-5.
38 Sec. 4. School corporation personnel or a third party vendor
39 that contracts with a school corporation may not provide
40 instruction on sexual orientation or gender identity:
41 (1) to any students of the school corporation enrolled in
42 kindergarten through grade 12; or
2023 IN 413—LS 7266/DI 110 3
1 (2) in a manner that is not age appropriate or
2 developmentally appropriate for students in accordance with
3 state law.
4 Sec. 5. Student support services training developed or provided
5 by a school corporation to school corporation personnel must
6 adhere to student services guidelines and frameworks established
7 by the department and aligned to the standards adopted by the
8 state board.
9 Sec. 6. (a) At the beginning of each school year, each school
10 corporation shall notify a parent of each unemancipated minor
11 student enrolled in the school corporation regarding:
12 (1) each social emotional, behavioral, mental, and physical
13 health service or support offered at the student's school; and
14 (2) the parent's option to withhold consent or decline any
15 social emotional, behavioral, mental, and physical health
16 service or support.
17 (b) Parental consent to a social emotional, behavioral, mental,
18 and physical health service or support does not waive the right of
19 a parent of an unemancipated minor student:
20 (1) to access the student's education or health records; or
21 (2) to be notified about a change in the student's services,
22 supports, or monitoring as described in section 1(a)(1) of this
23 chapter.
24 Sec. 7. Notwithstanding IC 20-30-5-17(b), before administering
25 any social emotional, behavioral, mental, or physical health
26 personal analysis or evaluation, questionnaire, screening, survey,
27 or assessment to an unemancipated minor student enrolled in
28 kindergarten through grade 12, the school corporation must
29 provide the personal analysis or evaluation, questionnaire,
30 screening, survey, or assessment to the parent of the student for
31 inspection and obtain the written consent of the parent.
32 Sec. 8. A school corporation may not provide a student
33 individualized behavioral instruction or intervention services for
34 mental, social emotional, behavioral, or health issues identified or
35 recommended through a personal analysis or evaluation,
36 questionnaire, screening, survey, or assessment described in section
37 7 of this chapter unless the school corporation obtains written,
38 informed consent from the student's parent or the student, if the
39 student is an emancipated minor or an adult.
40 Sec. 9. (a) As used in this section, "multiple occupancy restroom
41 or changing area" means a room or area in a school building that
42 may be used by more than one (1) student at a time and in which
2023 IN 413—LS 7266/DI 110 4
1 a student may be in various stages of undress in the presence of
2 other individuals.
3 (b) A school corporation shall notify the parent of each student
4 enrolled in a school maintained by the school corporation, or the
5 student, if the student is an emancipated minor or an adult, if the
6 school corporation permits a student of that school to use a
7 multiple occupancy restroom or locker room that is designated for
8 a sex that is not the student's biological sex.
9 Sec. 10. (a) Each school corporation shall establish and maintain
10 a grievance procedure for the resolution of a complaint submitted
11 by a parent of a student for a violation of this chapter.
12 (b) At a minimum, a grievance procedure under this section
13 must provide that:
14 (1) a parent of a student may submit a complaint with the
15 principal or principal's designee of the student's school; and
16 (2) not later than thirty (30) days after the date the principal
17 or principal's designee receives the complaint, the principal or
18 the principal's designee must issue a decision that either:
19 (A) resolves the complaint; or
20 (B) provides information explaining the reasons that the
21 complaint has not been resolved.
22 Sec. 11. (a) If a parent of a student is not satisfied with the
23 decision under section 10(b)(2) of this chapter, the parent may
24 submit a request to the department, on a form prescribed by the
25 department, to review the complaint and decision.
26 (b) The department shall review the request submitted under
27 subsection (a) and issue a final order not later than thirty (30) days
28 after the date that the department receives the request.
29 (c) A school corporation shall post on the school corporation's
30 website the grievance procedure established by the school
31 corporation under section 10(a) of this chapter.
32 Sec. 12. (a) Notwithstanding IC 34-13-3-3(a), if a:
33 (1) school corporation or third party vendor violates this
34 chapter; or
35 (2) school corporation, third party vendor, or school
36 corporation personnel violates any procedures adopted
37 pursuant to this chapter;
38 a parent of a student may bring a civil action against the school
39 corporation for the violation.
40 (b) The court may award to a parent who prevails in an action
41 under subsection (a) any of the following:
42 (1) Injunctive relief.
2023 IN 413—LS 7266/DI 110 5
1 (2) The greater of:
2 (A) actual and consequential damages resulting from the
3 violation; or
4 (B) liquidated damages of not more than one thousand
5 dollars ($1,000).
6 (3) Any other appropriate relief determined by the court.
7 (c) The court shall award to a parent who prevails in an action
8 under subsection (a) costs and reasonable attorney's fees.
9 Sec. 13. Not later than May 30, 2024, and in accordance with the
10 requirements of this chapter, the department shall adopt or
11 update, as necessary and as approved by the state board, the
12 following:
13 (1) School counseling frameworks and standards.
14 (2) Educator practices and professional conduct principles.
15 (3) Any other student services, personnel guidelines,
16 standards, or frameworks.
2023 IN 413—LS 7266/DI 110