*ES0442.2*
Reprinted
April 15, 2025
ENGROSSED
SENATE BILL No. 442
_____
DIGEST OF SB 442 (Updated April 14, 2025 4:34 pm - DI 152)
Citations Affected: IC 20-26; IC 20-30.
Synopsis: Instruction on human sexuality. Requires a school
corporation to include certain information concerning instruction on
human sexuality in a written consent form provided to a parent of a
student or a student, if the student is an adult or an emancipated minor,
before the student may receive instruction on human sexuality.
Requires the governing body of a school corporation to publish a list of
materials used in connection with instruction on human sexuality on
the school's website and to include a link to the list of materials on
electronically formatted written consent forms. Provides that, if a
school provides instruction on human sexuality or sexually transmitted
infections, the instruction must include: (1) the importance of consent
to sexual activity; and (2) a presentation on human growth and
development during pregnancy. Replaces references to "sexually
transmitted diseases" with "sexually transmitted infections".
Effective: July 1, 2025.
Byrne, Raatz, Young M, Schmitt
(HOUSE SPONSORS — DAVIS, KING, ABBOTT)
January 13, 2025, read first time and referred to Committee on Education and Career
Development.
February 6, 2025, amended, reported favorably — Do Pass.
February 10, 2025, read second time, ordered engrossed. Engrossed.
February 11, 2025, read third time, passed. Yeas 39, nays 9.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Education.
April 9, 2025, amended, reported — Do Pass.
April 14, 2025, read second time, amended, ordered engrossed.
ES 442—LS 6910/DI 152 Reprinted
April 15, 2025
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
provision adopted), the text of the new provision will appear in this style type. Also, the
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.
ENGROSSED
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 20-26-21-4, AS ADDED BY P.L.234-2023,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 4. (a) This section does not apply to a personal
4 analysis, evaluation, or survey for which consent is required under
5 IC 20-30-5-17(b). IC 20-30-5-17(c).
6 (b) Before a school corporation or qualified school may administer
7 a personal analysis, evaluation, or survey described in section 3 of this
8 chapter, the school corporation or qualified school must provide the
9 parent of the student or the student, if the student is an adult or an
10 emancipated minor, with a written request for consent for
11 administration. A consent form provided to a parent of a student or a
12 student under this subsection must accurately summarize the contents
13 and nature of the personal analysis, evaluation, or survey that will be
14 provided to the student and indicate that a parent of a student or an
15 adult or emancipated minor student has the right to review and inspect
16 all materials related to the personal analysis, evaluation, or survey. The
17 written consent form may be sent in an electronic format. The parent
ES 442—LS 6910/DI 152 2
1 of the student or the student, if the student is an adult or an
2 emancipated minor, may return the consent form indicating that the
3 parent of the student or the adult or emancipated student:
4 (1) consents to the personal analysis, evaluation, or survey; or
5 (2) declines the personal analysis, evaluation, or survey.
6 If a student does not participate in the personal analysis, evaluation, or
7 survey, the school corporation or qualified school shall provide the
8 student with alternative academic instruction during the same time
9 frame that the personal analysis, evaluation, or survey is administered.
10 (c) If the parent of the student or the student, if the student is an
11 adult or an emancipated minor, does not respond to the written request
12 provided by the school corporation or qualified school under subsection
13 (b) within twenty-one (21) calendar days after receiving the request
14 under subsection (b), the school corporation or qualified school shall
15 provide the parent of the student or the student, if the student is an
16 adult or an emancipated minor, a written notice requesting that the
17 parent of the student, or the student, if the student is an adult or an
18 emancipated minor, indicate, in a manner prescribed by the school
19 corporation or qualified school, whether the parent of the student or the
20 adult or emancipated student:
21 (1) consents to the personal analysis, evaluation, or survey; or
22 (2) declines the personal analysis, evaluation, or survey.
23 A notice provided to a parent of a student or a student under this
24 subsection must accurately summarize the contents and nature of the
25 personal analysis, evaluation, or survey that will be provided to the
26 student and indicate that a parent of a student or an adult or
27 emancipated minor student has the right to review and inspect all
28 materials related to the personal analysis, evaluation, or survey. The
29 notice may be sent in an electronic format. If the school corporation or
30 qualified school does not receive a response within ten (10) days after
31 the notice, the student will receive the personal analysis, evaluation, or
32 survey unless the parent or the adult or emancipated student
33 subsequently opts out of the personal analysis, evaluation, or survey for
34 the student.
35 (d) Each school corporation or qualified school shall:
36 (1) post a copy of a personal analysis, evaluation, or survey
37 described in subsection (b) on the school corporation's or
38 qualified school's website; and
39 (2) send with each notice an explanation of the reasons that the
40 school corporation or qualified school is administering the
41 personal analysis, evaluation, or survey.
42 (e) The department and the governing body shall give parents and
ES 442—LS 6910/DI 152 3
1 students notice of the parents' and students' rights under this section.
2 SECTION 2. IC 20-30-5-13, AS AMENDED BY P.L.92-2020,
3 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]: Sec. 13. (a) Throughout instruction on human sexuality
5 or sexually transmitted diseases, infections, a state accredited school
6 shall:
7 (1) require a teacher to teach abstinence from sexual activity
8 outside of marriage as the expected standard for all school age
9 children;
10 (2) include in the instruction that abstinence from sexual activity
11 is the only certain way to avoid out-of-wedlock pregnancy,
12 sexually transmitted diseases, infections, and other associated
13 health problems; and
14 (3) include in the instruction that the best way to avoid sexually
15 transmitted diseases infections and other associated health
16 problems is to establish a mutually faithful monogamous
17 relationship in the context of marriage;
18 (4) include in the instruction the importance of consent to
19 sexual activity between two (2) individuals; and
20 (5) except as provided in subsection (b), provide an in-person
21 presentation on human growth and development during
22 pregnancy that is medically accurate and age appropriate and
23 includes the following:
24 (A) A high definition ultrasound video, at least three (3)
25 minutes in duration, showing the development of the brain,
26 heart, sex organs, and other vital organs in early fetal
27 development.
28 (B) A high quality computer generated rendering or
29 animation showing the process of fertilization and each
30 stage of fetal development inside the uterus, noting
31 significant markers in cell growth and organ development
32 for every week of pregnancy from fertilization to birth.
33 (b) A state accredited school that provides the instruction
34 described in subsection (a) in a course in which one hundred
35 percent (100%) of the course is virtual shall provide a virtual
36 presentation on human growth and development during pregnancy
37 that meets the requirements in subsection (a)(5).
38 SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
41 available for inspection by the parent of a student any instructional
42 materials, including teachers' manuals, curricular materials, films or
ES 442—LS 6910/DI 152 4
1 other video materials, tapes, and other materials, used in connection
2 with:
3 (1) a personal analysis, an evaluation, or a survey described in
4 subsection (b); (c); or
5 (2) instruction on human sexuality.
6 (b) The governing body of a school corporation shall publish a
7 list of any instructional materials, including teachers' manuals,
8 curricular materials, films or other video materials, tapes, and
9 other materials, used in connection with instruction on human
10 sexuality on the school's website.
11 (b) (c) A student shall not be required to participate in a personal
12 analysis, an evaluation, or a survey that is not directly related to
13 academic instruction and that reveals or attempts to affect the student's
14 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
15 (1) political affiliations;
16 (2) religious beliefs or practices;
17 (3) mental or psychological conditions that may embarrass the
18 student or the student's family;
19 (4) sexual behavior or attitudes;
20 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
21 (6) critical appraisals of other individuals with whom the student
22 has a close family relationship;
23 (7) legally recognized privileged or confidential relationships,
24 including a relationship with a lawyer, minister, or physician; or
25 (8) income (except as required by law to determine eligibility for
26 participation in a program or for receiving financial assistance
27 under a program);
28 without the prior consent of the student if the student is an adult or an
29 emancipated minor or the prior written consent of the student's parent
30 if the student is an unemancipated minor. A parental consent form for
31 a personal analysis, an evaluation, or a survey described in this
32 subsection shall accurately reflect the contents and nature of the
33 personal analysis, evaluation, or survey.
34 (c) (d) Before a school may provide a student with instruction on
35 human sexuality, the school must provide the parent of the student or
36 the student, if the student is an adult or an emancipated minor, with a
37 written request for consent of instruction. A consent form provided to
38 a parent of a student or a student under this subsection must accurately
39 summarize include the following information:
40 (1) An accurate summary of the contents and nature of the
41 instruction on human sexuality that will be provided to the
42 student. and indicate
ES 442—LS 6910/DI 152 5
1 (2) Whether the instruction on human sexuality will be taught
2 to male and female students in a unified setting or to male and
3 female students in separate settings.
4 (3) Whether the instruction on human sexuality will be
5 provided by a female or male instructor.
6 (4) A statement that a parent of a student or an adult or
7 emancipated minor student has the right to review and inspect all
8 materials related to the instruction on human sexuality.
9 The written consent form may be sent in an electronic format. If the
10 written consent form is sent in an electronic format, the form must
11 include a link to the list of materials published under subsection
12 (b). The parent of the student or the student, if the student is an adult
13 or an emancipated minor, may return the consent form indicating that
14 the parent of the student or the adult or emancipated student
15 (1) consents to the instruction or
16 (2) declines instruction.
17 If a student does not participate in the instruction on human sexuality,
18 the school shall provide the student with alternative academic
19 instruction during the same time frame that the instruction on human
20 sexuality is provided.
21 (d) (e) If the parent of the student or the student, if the student is an
22 adult or an emancipated minor, does not respond to the written request
23 provided by the school under subsection (c) (d) within twenty-one (21)
24 calendar days after receiving the request under subsection (c), (d), the
25 school shall provide the parent of the student, or the student, if the
26 student is an adult or an emancipated minor, a written notice requesting
27 that the parent of the student, or the student, if the student is an adult
28 or an emancipated minor, indicate, in a manner prescribed by the
29 school, whether the parent of the student or the adult or emancipated
30 student:
31 (1) consents to the instruction; or
32 (2) declines instruction.
33 A notice provided to a parent of a student or a student under this
34 subsection must accurately summarize the contents and nature of the
35 instruction on human sexuality that will be provided to the student and
36 indicate that a parent of a student or an adult or emancipated minor
37 student has the right to review and inspect all materials related to the
38 instruction on human sexuality. The notice may be sent in an electronic
39 format. If the school does not receive a response within ten (10) days
40 after the notice, the student will receive the instruction on human
41 sexuality unless the parent or the adult or emancipated student
42 subsequently opts out of the instruction for the student.
ES 442—LS 6910/DI 152 6
1 (e) (f) The department and the governing body shall give parents
2 and students notice of their rights under this section.
3 (f) (g) The governing body shall enforce this section.
ES 442—LS 6910/DI 152 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 442, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, delete lines 6 through 11, begin a new paragraph and insert:
"Sec. 1. As used in this chapter, "governing authority" refers to
the governing body of a school corporation or the equivalent
authority for a charter school.".
Page 2, delete line 9.
Page 3, between lines 3 and 4, begin a new paragraph and insert:
"SECTION 2. IC 20-30-5-13, AS AMENDED BY P.L.92-2020,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. Throughout instruction on human sexuality or
sexually transmitted diseases, infections, a state accredited school
shall:
(1) require a teacher to teach abstinence from sexual activity
outside of marriage as the expected standard for all school age
children;
(2) include in the instruction that abstinence from sexual activity
is the only certain way to avoid out-of-wedlock pregnancy,
sexually transmitted diseases, infections, and other associated
health problems; and
(3) include in the instruction that the best way to avoid sexually
transmitted diseases infections and other associated health
problems is to establish a mutually faithful monogamous
relationship in the context of marriage.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 442 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
ES 442—LS 6910/DI 152 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 442, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, delete lines 1 through 17.
Page 2, delete lines 1 through 41, begin a new paragraph and insert:
"SECTION 1. IC 20-26-21-4, AS ADDED BY P.L.234-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) This section does not apply to a personal
analysis, evaluation, or survey for which consent is required under
IC 20-30-5-17(b). IC 20-30-5-17(c).
(b) Before a school corporation or qualified school may administer
a personal analysis, evaluation, or survey described in section 3 of this
chapter, the school corporation or qualified school must provide the
parent of the student or the student, if the student is an adult or an
emancipated minor, with a written request for consent for
administration. A consent form provided to a parent of a student or a
student under this subsection must accurately summarize the contents
and nature of the personal analysis, evaluation, or survey that will be
provided to the student and indicate that a parent of a student or an
adult or emancipated minor student has the right to review and inspect
all materials related to the personal analysis, evaluation, or survey. The
written consent form may be sent in an electronic format. The parent
of the student or the student, if the student is an adult or an
emancipated minor, may return the consent form indicating that the
parent of the student or the adult or emancipated student:
(1) consents to the personal analysis, evaluation, or survey; or
(2) declines the personal analysis, evaluation, or survey.
If a student does not participate in the personal analysis, evaluation, or
survey, the school corporation or qualified school shall provide the
student with alternative academic instruction during the same time
frame that the personal analysis, evaluation, or survey is administered.
(c) If the parent of the student or the student, if the student is an
adult or an emancipated minor, does not respond to the written request
provided by the school corporation or qualified school under subsection
(b) within twenty-one (21) calendar days after receiving the request
under subsection (b), the school corporation or qualified school shall
provide the parent of the student or the student, if the student is an
adult or an emancipated minor, a written notice requesting that the
parent of the student, or the student, if the student is an adult or an
ES 442—LS 6910/DI 152 9
emancipated minor, indicate, in a manner prescribed by the school
corporation or qualified school, whether the parent of the student or the
adult or emancipated student:
(1) consents to the personal analysis, evaluation, or survey; or
(2) declines the personal analysis, evaluation, or survey.
A notice provided to a parent of a student or a student under this
subsection must accurately summarize the contents and nature of the
personal analysis, evaluation, or survey that will be provided to the
student and indicate that a parent of a student or an adult or
emancipated minor student has the right to review and inspect all
materials related to the personal analysis, evaluation, or survey. The
notice may be sent in an electronic format. If the school corporation or
qualified school does not receive a response within ten (10) days after
the notice, the student will receive the personal analysis, evaluation, or
survey unless the parent or the adult or emancipated student
subsequently opts out of the personal analysis, evaluation, or survey for
the student.
(d) Each school corporation or qualified school shall:
(1) post a copy of a personal analysis, evaluation, or survey
described in subsection (b) on the school corporation's or
qualified school's website; and
(2) send with each notice an explanation of the reasons that the
school corporation or qualified school is administering the
personal analysis, evaluation, or survey.
(e) The department and the governing body shall give parents and
students notice of the parents' and students' rights under this section.".
Page 3, line 2, after "13." insert "(a)".
Page 3, line 11, strike "and".
Page 3, line 15, after "marriage" delete "." and insert "; and
(4) except as provided in subsection (b), provide an in-person
presentation on human growth and development during
pregnancy that includes the following:
(A) A high definition ultrasound video, at least three (3)
minutes in duration, showing the development of the brain,
heart, sex organs, and other vital organs in early fetal
development.
(B) A high quality computer generated rendering or
animation showing the process of fertilization and each
stage of fetal development inside the uterus, noting
significant markers in cell growth and organ development
for every week of pregnancy from fertilization to birth.
(b) A state accredited school that provides the instruction
ES 442—LS 6910/DI 152 10
described in subsection (a) in a course in which one hundred
percent (100%) of the course is virtual shall provide a virtual
presentation on human growth and development during pregnancy
that meets the requirements in subsection (a)(4).
SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
available for inspection by the parent of a student any instructional
materials, including teachers' manuals, curricular materials, films or
other video materials, tapes, and other materials, used in connection
with:
(1) a personal analysis, an evaluation, or a survey described in
subsection (b); (c); or
(2) instruction on human sexuality.
(b) The governing body of a school corporation shall publish a
list of any instructional materials, including teachers' manuals,
curricular materials, films or other video materials, tapes, and
other materials, used in connection with instruction on human
sexuality on the school's website.
(b) (c) A student shall not be required to participate in a personal
analysis, an evaluation, or a survey that is not directly related to
academic instruction and that reveals or attempts to affect the student's
attitudes, habits, traits, opinions, beliefs, or feelings concerning:
(1) political affiliations;
(2) religious beliefs or practices;
(3) mental or psychological conditions that may embarrass the
student or the student's family;
(4) sexual behavior or attitudes;
(5) illegal, antisocial, self-incriminating, or demeaning behavior;
(6) critical appraisals of other individuals with whom the student
has a close family relationship;
(7) legally recognized privileged or confidential relationships,
including a relationship with a lawyer, minister, or physician; or
(8) income (except as required by law to determine eligibility for
participation in a program or for receiving financial assistance
under a program);
without the prior consent of the student if the student is an adult or an
emancipated minor or the prior written consent of the student's parent
if the student is an unemancipated minor. A parental consent form for
a personal analysis, an evaluation, or a survey described in this
subsection shall accurately reflect the contents and nature of the
personal analysis, evaluation, or survey.
ES 442—LS 6910/DI 152 11
(c) (d) Before a school may provide a student with instruction on
human sexuality, the school must provide the parent of the student or
the student, if the student is an adult or an emancipated minor, with a
written request for consent of instruction. A consent form provided to
a parent of a student or a student under this subsection must accurately
summarize include the following information:
(1) An accurate summary of the contents and nature of the
instruction on human sexuality that will be provided to the
student. and indicate
(2) Whether the instruction on human sexuality will be taught
to male and female students in a unified setting or to male and
female students in separate settings.
(3) Whether the instruction on human sexuality will be
provided by a female or male instructor.
(4) A statement that a parent of a student or an adult or
emancipated minor student has the right to review and inspect all
materials related to the instruction on human sexuality.
The written consent form may be sent in an electronic format. If the
written consent form is sent in an electronic format, the form must
include a link to the list of materials published under subsection
(b). The parent of the student or the student, if the student is an adult
or an emancipated minor, may return the consent form indicating that
the parent of the student or the adult or emancipated student
(1) consents to the instruction or
(2) declines instruction.
If a student does not participate in the instruction on human sexuality,
the school shall provide the student with alternative academic
instruction during the same time frame that the instruction on human
sexuality is provided.
(d) (e) If the parent of the student or the student, if the student is an
adult or an emancipated minor, does not respond to the written request
provided by the school under subsection (c) (d) within twenty-one (21)
calendar days after receiving the request under subsection (c), (d), the
school shall provide the parent of the student, or the student, if the
student is an adult or an emancipated minor, a written notice requesting
that the parent of the student, or the student, if the student is an adult
or an emancipated minor, indicate, in a manner prescribed by the
school, whether the parent of the student or the adult or emancipated
student:
(1) consents to the instruction; or
(2) declines instruction.
A notice provided to a parent of a student or a student under this
ES 442—LS 6910/DI 152 12
subsection must accurately summarize the contents and nature of the
instruction on human sexuality that will be provided to the student and
indicate that a parent of a student or an adult or emancipated minor
student has the right to review and inspect all materials related to the
instruction on human sexuality. The notice may be sent in an electronic
format. If the school does not receive a response within ten (10) days
after the notice, the student will receive the instruction on human
sexuality unless the parent or the adult or emancipated student
subsequently opts out of the instruction for the student.
(e) (f) The department and the governing body shall give parents
and students notice of their rights under this section.
(f) (g) The governing body shall enforce this section.".
Page 3, delete lines 16 through 42.
Delete pages 4 through 5.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 442 as printed February 7, 2025.)
BEHNING
Committee Vote: yeas 8, nays 4.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 442 be amended to
read as follows:
Page 3, line 17, delete "and".
Page 3, between lines 17 and 18, begin a new line block indented
and insert:
"(4) include in the instruction the importance of consent to
sexual activity between two (2) individuals; and".
Page 3, line 18, delete "(4)" and insert "(5)".
Page 3, line 34, delete "(a)(4)." and insert "(a)(5).".
(Reference is to ESB 442 as printed April 9, 2025.)
PFAFF
ES 442—LS 6910/DI 152 13
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 442 be amended to
read as follows:
Page 3, line 20, after "that" insert "is medically accurate and age
appropriate and".
(Reference is to ESB 442 as printed April 9, 2025.)
HAMILTON
ES 442—LS 6910/DI 152