Indiana 2025 2025 Regular Session

Indiana House Bill HB1405 Introduced / Bill

Filed 01/13/2025

                     
Introduced Version
HOUSE BILL No. 1405
_____
DIGEST OF INTRODUCED BILL
Citations Affected:  IC 20-33-8; IC 20-34-6-3.
Synopsis:  Student bullying and abusive behavior. Revises the
definition of "bullying". Requires each public school, including a
charter school, to track, monitor, and analyze specified aspects of
bullying, and provides that a parent of a student or a student, if the
student is an emancipated minor, may submit a grievance to the school
for a violation of this requirement. Requires each school corporation
and charter school to: (1) document and track all acts of bullying and
abusive behavior for analysis; (2) prepare and implement interventions
to deter and prevent bullying; and (3) compile, prepare, and submit an
annual report beginning July 1, 2026, to the department of education,
the state board of education, and the legislative council summarizing
the information collected. Requires the state board of education to
review the report and provide recommendations to certain schools to
reduce the frequency of acts of bullying or abusive behavior.
Effective:  July 1, 2025.
DeVon
January 13, 2025, read first time and referred to Committee on Education.
2025	IN 1405—LS 7571/DI 152 Introduced
First Regular Session of the 124th General Assembly (2025)
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HOUSE BILL No. 1405
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 20-33-8-0.2, AS AMENDED BY P.L.285-2013,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 0.2. (a) As used in this chapter, "bullying" means
4 overt, unwanted repeated acts or gestures, including verbal or written
5 communications or images transmitted in any manner (including
6 digitally or electronically), physical acts committed, aggression, or any
7 other behaviors, that are committed by a student or group of students
8 against another student with the intent to harass, ridicule, humiliate,
9 intimidate, or harm the targeted student and create for the targeted
10 student an objectively hostile school environment that:
11 (1) places the targeted student in reasonable fear of harm to the
12 targeted student's person or property;
13 (2) has a substantially detrimental effect on the targeted student's
14 physical or mental health;
15 (3) has the effect of substantially interfering with the targeted
16 student's academic performance; or
17 (4) has the effect of substantially interfering with the targeted
2025	IN 1405—LS 7571/DI 152 2
1 student's ability to participate in or benefit from the services,
2 activities, and privileges provided by the school.
3 (b) The term may not be interpreted to impose any burden or
4 sanction on, or include in the definition of the term, the following:
5 (1) Participating in a religious event.
6 (2) Acting in an emergency involving the protection of a person
7 or property from an imminent threat of serious bodily injury or
8 substantial danger.
9 (3) Participating in an activity consisting of the exercise of a
10 student's rights protected under the First Amendment to the
11 United States Constitution or Article I, Section 31 of the
12 Constitution of the State of Indiana, or both.
13 (4) Participating in an activity conducted by a nonprofit or
14 governmental entity that provides recreation, education, training,
15 or other care under the supervision of one (1) or more adults.
16 (5) Participating in an activity undertaken at the prior written
17 direction of the student's parent.
18 (6) Engaging in interstate or international travel from a location
19 outside Indiana to another location outside Indiana.
20 SECTION 2. IC 20-33-8-36 IS ADDED TO THE INDIANA CODE
21 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
22 1, 2025]: Sec. 36. (a) Each public school, including a charter school,
23 shall:
24 (1) track the acts of bullying and abusive behaviors against a
25 victim;
26 (2) provide and monitor supports for the victim;
27 (3) track the acts of an alleged perpetrator who is exhibiting
28 bullying or abusive behaviors, including written, verbal,
29 physical, and sexual forms of abusive behavior and
30 cyberbullying (as defined in IC 20-19-3-11.5(a)); and
31 (4) analyze the information collected under subdivisions (1)
32 and (3) to help determine and provide an appropriate
33 intervention plan that must be provided to another public
34 school if the alleged perpetrator transfers to the other public
35 school.
36 (b) A parent of a student or a student, if the student is an
37 emancipated minor, may submit a grievance to the public school or
38 charter school that the student attends for a violation of subsection
39 (a).
40 (c) Each public school, including a charter school, shall establish
41 and maintain a procedure for the resolution of a grievance under
42 this section.
2025	IN 1405—LS 7571/DI 152 3
1 SECTION 3. IC 20-34-6-3 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 3. (a) Each school corporation and charter school
4 shall, for each school year, do the following:
5 (1) Document and track all acts of bullying and abusive
6 behaviors regarding:
7 (A) a victim of bullying; and
8 (B) an alleged perpetrator exhibiting bullying or abusive
9 behaviors, including written, verbal, physical, and sexual
10 forms of abusive behavior and cyberbullying (as defined in
11 IC 20-19-3-11.5(a)).
12 (2) Use the documentation and tracking described in
13 subdivision (1) to identify:
14 (A) the frequency and type of bullying or abusive
15 behaviors within the school corporation or charter school;
16 and
17 (B) students who may be at high risk of being a victim or
18 alleged perpetrator of bullying or abusive behavior.
19 (3) Prepare and implement targeted interventions to deter
20 and prevent bullying and abusive behavior with regard to
21 victims or alleged perpetrators.
22 (b) Beginning July 1, 2026, and not later than July 1 of each
23 year thereafter, each school corporation and charter school shall
24 do the following:
25 (1) Compile and prepare a report that summarizes the
26 information under subsection (a), including the prepared and
27 implemented interventions described in subsection (a)(3). The
28 report must provide summaries for each school corporation
29 and charter school, but may not contain any personal,
30 identifiable information of any individual.
31 (2) Submit the report described in subdivision (1) to the
32 following:
33 (A) The department.
34 (B) The state board.
35 (C) The legislative council in an electronic format under
36 IC 5-14-6.
37 (c) On or before August 1, 2026, and not later than August 1 of
38 each year thereafter, the state board shall:
39 (1) review the report described in subsection (b);
40 (2) identify school corporations or charter schools with the
41 most frequent acts of bullying or abusive behaviors; and
42 (3) provide tailored recommendations to each school
2025	IN 1405—LS 7571/DI 152 4
1 corporation or charter school identified under subdivision (2)
2 to reduce the frequency of acts of bullying or abusive
3 behaviors.
2025	IN 1405—LS 7571/DI 152