Introduced Version
SENATE BILL No. 442
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-26-5.1; IC 20-30-5-17.
Synopsis: Instruction concerning human sexuality. Defines "governing
authority" of a school. Defines "school" as a school maintained by a
school corporation, charter school, or state accredited nonpublic
school. Provides that, if a school provides any instruction to students
concerning human sexuality, the school's governing authority must first
approve and publish certain information concerning the instruction in
a conspicuous place on the website of the school, and requires the
school to provide a direct link to that information in the school's written
request for consent for instruction concerning human sexuality.
Prohibits a school from using learning materials that concern human
sexuality unless approved by the school's governing authority. Requires
the governing body of a school to establish and maintain a grievance
procedure for a violation of certain provisions.
Effective: July 1, 2025.
Byrne
January 13, 2025, read first time and referred to Committee on Education and Career
Development.
2025 IN 442—LS 6910/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
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 442
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 20-26-5.1 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 5.1. Transparency in Instruction Concerning Human
5 Sexuality
6 Sec. 1. As used in this chapter, "governing authority" refers to:
7 (1) the governing body of a school corporation; or
8 (2) the equivalent authority of a governing body as described
9 in subdivision (1) for a:
10 (A) charter school; or
11 (B) state accredited nonpublic school.
12 Sec. 2. As used in this chapter, "learning material" means any
13 material used for student instruction that concerns human
14 sexuality, including the following:
15 (1) Textbooks and other printed materials.
16 (2) Audiovisual materials.
17 (3) Materials in electronic or digital formats, including
2025 IN 442—LS 6910/DI 152 2
1 materials accessible through the Internet.
2 (4) All materials and information to be presented or provided
3 to students in connection with any instruction concerning
4 human sexuality.
5 (5) Any other curricular materials.
6 Sec. 3. As used in this chapter, "school" means the following:
7 (1) A school maintained by a school corporation.
8 (2) A charter school.
9 (3) A state accredited nonpublic school.
10 Sec. 4. In addition to the adoption of curricular materials under
11 IC 20-26-12-24, if a school provides any instruction concerning
12 human sexuality to students in grades 4 through 12, the governing
13 authority shall, before July 1 of each year, approve the following:
14 (1) If the instruction is provided by an instructor teaching
15 multiple subjects to a single class, the weeks during which any
16 instruction concerning human sexuality will be taught.
17 (2) Whether, for each grade level, course, or class, any
18 instruction concerning human sexuality will be taught to:
19 (A) male and female students in a unified setting; or
20 (B) male and female students in separate settings.
21 (3) Each grade level, course, or class in which any instruction
22 concerning human sexuality will be taught and whether the
23 instruction will be provided by a male or female instructor.
24 (4) A short description of the topics that will be discussed
25 during any instruction that concerns human sexuality.
26 (5) All learning material that will be used for any instruction
27 concerning human sexuality for each grade level, course, or
28 class.
29 Sec. 5. Before the beginning of each school year, a governing
30 authority shall publish the following in a conspicuous place on the
31 school's website:
32 (1) The information approved under section 4(1) through 4(4)
33 of this chapter.
34 (2) A list of all learning material approved under section 4(5)
35 of this chapter.
36 Sec. 6. A school or an employee of a school may not use any
37 learning material that is not approved by the governing authority
38 as described under section 4(5) of this chapter.
39 Sec. 7. A parent of a student or a student, if the student is an
40 adult or emancipated minor, who is enrolled in a school may
41 submit a grievance for a violation of this chapter in accordance
42 with section 8 of this chapter.
2025 IN 442—LS 6910/DI 152 3
1 Sec. 8. The governing body of a school shall establish and
2 maintain a grievance procedure for the resolution of a grievance
3 submitted under section 7 of this chapter.
4 SECTION 2. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
7 available for inspection by the parent of a student any instructional
8 materials, including teachers' manuals, curricular materials, films or
9 other video materials, tapes, and other materials, used in connection
10 with:
11 (1) a personal analysis, an evaluation, or a survey described in
12 subsection (b); or
13 (2) instruction on human sexuality.
14 (b) A student shall not be required to participate in a personal
15 analysis, an evaluation, or a survey that is not directly related to
16 academic instruction and that reveals or attempts to affect the student's
17 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
18 (1) political affiliations;
19 (2) religious beliefs or practices;
20 (3) mental or psychological conditions that may embarrass the
21 student or the student's family;
22 (4) sexual behavior or attitudes;
23 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
24 (6) critical appraisals of other individuals with whom the student
25 has a close family relationship;
26 (7) legally recognized privileged or confidential relationships,
27 including a relationship with a lawyer, minister, or physician; or
28 (8) income (except as required by law to determine eligibility for
29 participation in a program or for receiving financial assistance
30 under a program);
31 without the prior consent of the student if the student is an adult or an
32 emancipated minor or the prior written consent of the student's parent
33 if the student is an unemancipated minor. A parental consent form for
34 a personal analysis, an evaluation, or a survey described in this
35 subsection shall accurately reflect the contents and nature of the
36 personal analysis, evaluation, or survey.
37 (c) Before a school may provide a student with instruction on human
38 sexuality, the school must provide the parent of the student or the
39 student, if the student is an adult or an emancipated minor, with a
40 written request for consent of instruction. A consent form provided to
41 a parent of a student or a student under this subsection must accurately
42 summarize the contents and nature of the instruction on human
2025 IN 442—LS 6910/DI 152 4
1 sexuality that will be provided to the student, and indicate that a parent
2 of a student or an adult or emancipated minor student has the right to
3 review and inspect all materials related to the instruction on human
4 sexuality, and provide a direct link to the information and material
5 published on the school's website pursuant to IC 20-26-5.1-5. The
6 written consent form may be sent in an electronic format. The parent
7 of the student or the student, if the student is an adult or an
8 emancipated minor, may return the consent form indicating that the
9 parent of the student or the adult or emancipated student:
10 (1) consents to the instruction; or
11 (2) declines instruction.
12 If a student does not participate in the instruction on human sexuality,
13 the school shall provide the student with alternative academic
14 instruction during the same time frame that the instruction on human
15 sexuality is provided.
16 (d) If the parent of the student or the student, if the student is an
17 adult or an emancipated minor, does not respond to the written request
18 provided by the school under subsection (c) within twenty-one (21)
19 calendar days after receiving the request under subsection (c), the
20 school shall provide the parent of the student, or the student, if the
21 student is an adult or an emancipated minor, a written notice requesting
22 that the parent of the student, or the student, if the student is an adult
23 or an emancipated minor, indicate, in a manner prescribed by the
24 school, whether the parent of the student or the adult or emancipated
25 student:
26 (1) consents to the instruction; or
27 (2) declines instruction.
28 A notice provided to a parent of a student or a student under this
29 subsection must accurately summarize the contents and nature of the
30 instruction on human sexuality that will be provided to the student and
31 indicate that a parent of a student or an adult or emancipated minor
32 student has the right to review and inspect all materials related to the
33 instruction on human sexuality. The notice may be sent in an electronic
34 format. If the school does not receive a response within ten (10) days
35 after the notice, the student will receive the instruction on human
36 sexuality unless the parent or the adult or emancipated student
37 subsequently opts out of the instruction for the student.
38 (e) The department and the governing body shall give parents and
39 students notice of their rights under this section.
40 (f) The governing body shall enforce this section.
2025 IN 442—LS 6910/DI 152