Indiana 2025 2025 Regular Session

Indiana House Bill HB1195 Introduced / Bill

Filed 01/08/2025

                     
Introduced Version
HOUSE BILL No. 1195
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 20-26-5.5.
Synopsis:  Pornographic material. Requires a specified school to adopt
policies and procedures concerning material alleged to be
pornographic, obscene, or harmful to minors. Provides that a specified
school or an employee, a contractor, or a third party vendor of a
specified school may not knowingly make available or provide
pornographic material, obscene matter, or matter harmful to minors to
a student. 
Effective:  July 1, 2025.
Abbott, King, Carbaugh
January 8, 2025, read first time and referred to Committee on Education.
2025	IN 1195—LS 7212/DI 152 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1195
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 20-26-5.5-0.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 0.5. (a) As used in this chapter,
4 "pornographic material" means school material that:
5 (1) has not been approved for instruction on human sexuality
6 by the:
7 (A) governing body of a school corporation under
8 IC 20-26-12-24; or
9 (B) equivalent authority of a charter school; and
10 (2) includes a patently offensive pictorial depiction or patently
11 offensive written depiction of:
12 (A) nudity involving lewd exhibition of the genitals;
13 (B) nudity involving genitals in an aroused state; or
14 (C) sexual conduct, including:
15 (i) masturbation;
16 (ii) vaginal sex;
17 (iii) oral sex;
2025	IN 1195—LS 7212/DI 152 2
1 (iv) anal sex;
2 (v) oral-anal sex;
3 (vi) the use of sex toys or other objects for sexual
4 gratification;
5 (vii) ejaculation; or
6 (viii) sado-masochistic abuse.
7 (b) As used in this chapter, "school material" means matter (as
8 described in IC 35-49-1-3) or a performance (as described in
9 IC 35-49-1-7) made available to students, in any format, by a
10 school for an educational purpose.
11 SECTION 2. IC 20-26-5.5-1, AS ADDED BY P.L.234-2023,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 1. (a) The governing body of a school corporation
14 or the equivalent authority of a charter school shall establish a:
15 (1) procedure for each school to prepare a catalogue of materials
16 available in the school library;
17 (2) (1) procedure for each school to allow a:
18 (A) parent or guardian of a student enrolled in the school; or
19 (B) community member:
20 (i) within the school district; or
21 (ii) within the school district in which the charter school is
22 located;
23 to submit a request to remove school material from the school
24 library that is pornographic material, obscene matter (as
25 described in IC 35-49-2-1), or matter harmful to minors (as
26 described in IC 35-49-2-2); and
27 (3) (2) response and appeal procedure for each school to respond
28 to a removal request submitted by a parent, guardian, or
29 community member described in subdivision (2). (1).
30 (b) The response and appeal procedure established under subsection
31 (a)(3) (a)(2) must require the governing body to review the removal
32 request at the next public meeting.
33 (c) If the governing body of a school corporation or the
34 equivalent authority of a charter school determines the school
35 material is pornographic material, obscene matter (as described in
36 IC 35-49-2-1), or matter harmful to minors (as described in
37 IC 35-49-2-2) under subsection (a), the school material must be
38 removed from the school.
39 SECTION 3. IC 20-26-5.5-2, AS ADDED BY P.L.234-2023,
40 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2. The governing body of a school corporation or
42 the equivalent authority of a charter school shall
2025	IN 1195—LS 7212/DI 152 3
1 (1) prepare and publish a catalogue of the following on the
2 website of each school: and
3 (2) make available in hard copy for an individual upon request;
4 the catalogue of material available in the school library and each policy
5 established under this chapter.
6 (1) The curricular materials approved for student use by the
7 governing body of a school corporation or equivalent
8 authority of a charter school.
9 (2) The material available in the school library.
10 (3) Each policy established under this chapter.
11 SECTION 4. IC 20-26-5.5-3, AS ADDED BY P.L.234-2023,
12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 3. A school corporation or charter school The
14 following may not knowingly make available materials or provide to
15 a student school material that is pornographic material, obscene
16 matter (as described in IC 35-49-2-1), or matter harmful to minors
17 (as described in IC 35-49-2-2): that contain:
18 (1) obscene matter (as described in IC 35-49-2-1); or
19 (2) matter harmful to minors (as described in IC 35-49-2-2);
20 within the school library.
21 (1) A school corporation.
22 (2) A public school, including a charter school.
23 (3) An employee, a contractor, or a third party vendor of an
24 entity described in subdivisions (1) and (2).
2025	IN 1195—LS 7212/DI 152