IN
Indiana Senate Bill SB0442

Indiana 2025 Regular Session

Indiana Senate Bill SB0442 Compare Versions

OldNewDifferences
1-*ES0442.2*
2-Reprinted
3-April 15, 2025
1+*ES0442.1*
2+April 9, 2025
43 ENGROSSED
54 SENATE BILL No. 442
65 _____
7-DIGEST OF SB 442 (Updated April 14, 2025 4:34 pm - DI 152)
6+DIGEST OF SB 442 (Updated April 9, 2025 12:35 pm - DI 152)
87 Citations Affected: IC 20-26; IC 20-30.
98 Synopsis: Instruction on human sexuality. Requires a school
109 corporation to include certain information concerning instruction on
1110 human sexuality in a written consent form provided to a parent of a
1211 student or a student, if the student is an adult or an emancipated minor,
1312 before the student may receive instruction on human sexuality.
1413 Requires the governing body of a school corporation to publish a list of
1514 materials used in connection with instruction on human sexuality on
1615 the school's website and to include a link to the list of materials on
1716 electronically formatted written consent forms. Provides that, if a
1817 school provides instruction on human sexuality or sexually transmitted
19-infections, the instruction must include: (1) the importance of consent
20-to sexual activity; and (2) a presentation on human growth and
21-development during pregnancy. Replaces references to "sexually
22-transmitted diseases" with "sexually transmitted infections".
18+infections, the instruction must include a presentation on human
19+growth and development during pregnancy. Replaces references to
20+"sexually transmitted diseases" with "sexually transmitted infections".
2321 Effective: July 1, 2025.
2422 Byrne, Raatz, Young M, Schmitt
2523 (HOUSE SPONSORS — DAVIS, KING, ABBOTT)
2624 January 13, 2025, read first time and referred to Committee on Education and Career
2725 Development.
2826 February 6, 2025, amended, reported favorably — Do Pass.
2927 February 10, 2025, read second time, ordered engrossed. Engrossed.
3028 February 11, 2025, read third time, passed. Yeas 39, nays 9.
3129 HOUSE ACTION
3230 March 3, 2025, read first time and referred to Committee on Education.
3331 April 9, 2025, amended, reported — Do Pass.
34-April 14, 2025, read second time, amended, ordered engrossed.
35-ES 442—LS 6910/DI 152 Reprinted
36-April 15, 2025
32+ES 442—LS 6910/DI 152 April 9, 2025
3733 First Regular Session of the 124th General Assembly (2025)
3834 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3935 Constitution) is being amended, the text of the existing provision will appear in this style type,
4036 additions will appear in this style type, and deletions will appear in this style type.
4137 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
4238 provision adopted), the text of the new provision will appear in this style type. Also, the
4339 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4440 a new provision to the Indiana Code or the Indiana Constitution.
4541 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4642 between statutes enacted by the 2024 Regular Session of the General Assembly.
4743 ENGROSSED
4844 SENATE BILL No. 442
4945 A BILL FOR AN ACT to amend the Indiana Code concerning
5046 education.
5147 Be it enacted by the General Assembly of the State of Indiana:
5248 1 SECTION 1. IC 20-26-21-4, AS ADDED BY P.L.234-2023,
5349 2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5450 3 JULY 1, 2025]: Sec. 4. (a) This section does not apply to a personal
5551 4 analysis, evaluation, or survey for which consent is required under
5652 5 IC 20-30-5-17(b). IC 20-30-5-17(c).
5753 6 (b) Before a school corporation or qualified school may administer
5854 7 a personal analysis, evaluation, or survey described in section 3 of this
5955 8 chapter, the school corporation or qualified school must provide the
6056 9 parent of the student or the student, if the student is an adult or an
6157 10 emancipated minor, with a written request for consent for
6258 11 administration. A consent form provided to a parent of a student or a
6359 12 student under this subsection must accurately summarize the contents
6460 13 and nature of the personal analysis, evaluation, or survey that will be
6561 14 provided to the student and indicate that a parent of a student or an
6662 15 adult or emancipated minor student has the right to review and inspect
6763 16 all materials related to the personal analysis, evaluation, or survey. The
6864 17 written consent form may be sent in an electronic format. The parent
6965 ES 442—LS 6910/DI 152 2
7066 1 of the student or the student, if the student is an adult or an
7167 2 emancipated minor, may return the consent form indicating that the
7268 3 parent of the student or the adult or emancipated student:
7369 4 (1) consents to the personal analysis, evaluation, or survey; or
7470 5 (2) declines the personal analysis, evaluation, or survey.
7571 6 If a student does not participate in the personal analysis, evaluation, or
7672 7 survey, the school corporation or qualified school shall provide the
7773 8 student with alternative academic instruction during the same time
7874 9 frame that the personal analysis, evaluation, or survey is administered.
7975 10 (c) If the parent of the student or the student, if the student is an
8076 11 adult or an emancipated minor, does not respond to the written request
8177 12 provided by the school corporation or qualified school under subsection
8278 13 (b) within twenty-one (21) calendar days after receiving the request
8379 14 under subsection (b), the school corporation or qualified school shall
8480 15 provide the parent of the student or the student, if the student is an
8581 16 adult or an emancipated minor, a written notice requesting that the
8682 17 parent of the student, or the student, if the student is an adult or an
8783 18 emancipated minor, indicate, in a manner prescribed by the school
8884 19 corporation or qualified school, whether the parent of the student or the
8985 20 adult or emancipated student:
9086 21 (1) consents to the personal analysis, evaluation, or survey; or
9187 22 (2) declines the personal analysis, evaluation, or survey.
9288 23 A notice provided to a parent of a student or a student under this
9389 24 subsection must accurately summarize the contents and nature of the
9490 25 personal analysis, evaluation, or survey that will be provided to the
9591 26 student and indicate that a parent of a student or an adult or
9692 27 emancipated minor student has the right to review and inspect all
9793 28 materials related to the personal analysis, evaluation, or survey. The
9894 29 notice may be sent in an electronic format. If the school corporation or
9995 30 qualified school does not receive a response within ten (10) days after
10096 31 the notice, the student will receive the personal analysis, evaluation, or
10197 32 survey unless the parent or the adult or emancipated student
10298 33 subsequently opts out of the personal analysis, evaluation, or survey for
10399 34 the student.
104100 35 (d) Each school corporation or qualified school shall:
105101 36 (1) post a copy of a personal analysis, evaluation, or survey
106102 37 described in subsection (b) on the school corporation's or
107103 38 qualified school's website; and
108104 39 (2) send with each notice an explanation of the reasons that the
109105 40 school corporation or qualified school is administering the
110106 41 personal analysis, evaluation, or survey.
111107 42 (e) The department and the governing body shall give parents and
112108 ES 442—LS 6910/DI 152 3
113109 1 students notice of the parents' and students' rights under this section.
114110 2 SECTION 2. IC 20-30-5-13, AS AMENDED BY P.L.92-2020,
115111 3 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
116112 4 JULY 1, 2025]: Sec. 13. (a) Throughout instruction on human sexuality
117113 5 or sexually transmitted diseases, infections, a state accredited school
118114 6 shall:
119115 7 (1) require a teacher to teach abstinence from sexual activity
120116 8 outside of marriage as the expected standard for all school age
121117 9 children;
122118 10 (2) include in the instruction that abstinence from sexual activity
123119 11 is the only certain way to avoid out-of-wedlock pregnancy,
124120 12 sexually transmitted diseases, infections, and other associated
125121 13 health problems; and
126122 14 (3) include in the instruction that the best way to avoid sexually
127123 15 transmitted diseases infections and other associated health
128124 16 problems is to establish a mutually faithful monogamous
129-17 relationship in the context of marriage;
130-18 (4) include in the instruction the importance of consent to
131-19 sexual activity between two (2) individuals; and
132-20 (5) except as provided in subsection (b), provide an in-person
133-21 presentation on human growth and development during
134-22 pregnancy that is medically accurate and age appropriate and
135-23 includes the following:
136-24 (A) A high definition ultrasound video, at least three (3)
137-25 minutes in duration, showing the development of the brain,
138-26 heart, sex organs, and other vital organs in early fetal
139-27 development.
140-28 (B) A high quality computer generated rendering or
141-29 animation showing the process of fertilization and each
142-30 stage of fetal development inside the uterus, noting
143-31 significant markers in cell growth and organ development
144-32 for every week of pregnancy from fertilization to birth.
145-33 (b) A state accredited school that provides the instruction
146-34 described in subsection (a) in a course in which one hundred
147-35 percent (100%) of the course is virtual shall provide a virtual
148-36 presentation on human growth and development during pregnancy
149-37 that meets the requirements in subsection (a)(5).
150-38 SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
151-39 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
152-40 JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
153-41 available for inspection by the parent of a student any instructional
154-42 materials, including teachers' manuals, curricular materials, films or
125+17 relationship in the context of marriage; and
126+18 (4) except as provided in subsection (b), provide an in-person
127+19 presentation on human growth and development during
128+20 pregnancy that includes the following:
129+21 (A) A high definition ultrasound video, at least three (3)
130+22 minutes in duration, showing the development of the brain,
131+23 heart, sex organs, and other vital organs in early fetal
132+24 development.
133+25 (B) A high quality computer generated rendering or
134+26 animation showing the process of fertilization and each
135+27 stage of fetal development inside the uterus, noting
136+28 significant markers in cell growth and organ development
137+29 for every week of pregnancy from fertilization to birth.
138+30 (b) A state accredited school that provides the instruction
139+31 described in subsection (a) in a course in which one hundred
140+32 percent (100%) of the course is virtual shall provide a virtual
141+33 presentation on human growth and development during pregnancy
142+34 that meets the requirements in subsection (a)(4).
143+35 SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
144+36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
145+37 JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
146+38 available for inspection by the parent of a student any instructional
147+39 materials, including teachers' manuals, curricular materials, films or
148+40 other video materials, tapes, and other materials, used in connection
149+41 with:
150+42 (1) a personal analysis, an evaluation, or a survey described in
155151 ES 442—LS 6910/DI 152 4
156-1 other video materials, tapes, and other materials, used in connection
157-2 with:
158-3 (1) a personal analysis, an evaluation, or a survey described in
159-4 subsection (b); (c); or
160-5 (2) instruction on human sexuality.
161-6 (b) The governing body of a school corporation shall publish a
162-7 list of any instructional materials, including teachers' manuals,
163-8 curricular materials, films or other video materials, tapes, and
164-9 other materials, used in connection with instruction on human
165-10 sexuality on the school's website.
166-11 (b) (c) A student shall not be required to participate in a personal
167-12 analysis, an evaluation, or a survey that is not directly related to
168-13 academic instruction and that reveals or attempts to affect the student's
169-14 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
170-15 (1) political affiliations;
171-16 (2) religious beliefs or practices;
172-17 (3) mental or psychological conditions that may embarrass the
173-18 student or the student's family;
174-19 (4) sexual behavior or attitudes;
175-20 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
176-21 (6) critical appraisals of other individuals with whom the student
177-22 has a close family relationship;
178-23 (7) legally recognized privileged or confidential relationships,
179-24 including a relationship with a lawyer, minister, or physician; or
180-25 (8) income (except as required by law to determine eligibility for
181-26 participation in a program or for receiving financial assistance
182-27 under a program);
183-28 without the prior consent of the student if the student is an adult or an
184-29 emancipated minor or the prior written consent of the student's parent
185-30 if the student is an unemancipated minor. A parental consent form for
186-31 a personal analysis, an evaluation, or a survey described in this
187-32 subsection shall accurately reflect the contents and nature of the
188-33 personal analysis, evaluation, or survey.
189-34 (c) (d) Before a school may provide a student with instruction on
190-35 human sexuality, the school must provide the parent of the student or
191-36 the student, if the student is an adult or an emancipated minor, with a
192-37 written request for consent of instruction. A consent form provided to
193-38 a parent of a student or a student under this subsection must accurately
194-39 summarize include the following information:
195-40 (1) An accurate summary of the contents and nature of the
196-41 instruction on human sexuality that will be provided to the
197-42 student. and indicate
152+1 subsection (b); (c); or
153+2 (2) instruction on human sexuality.
154+3 (b) The governing body of a school corporation shall publish a
155+4 list of any instructional materials, including teachers' manuals,
156+5 curricular materials, films or other video materials, tapes, and
157+6 other materials, used in connection with instruction on human
158+7 sexuality on the school's website.
159+8 (b) (c) A student shall not be required to participate in a personal
160+9 analysis, an evaluation, or a survey that is not directly related to
161+10 academic instruction and that reveals or attempts to affect the student's
162+11 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
163+12 (1) political affiliations;
164+13 (2) religious beliefs or practices;
165+14 (3) mental or psychological conditions that may embarrass the
166+15 student or the student's family;
167+16 (4) sexual behavior or attitudes;
168+17 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
169+18 (6) critical appraisals of other individuals with whom the student
170+19 has a close family relationship;
171+20 (7) legally recognized privileged or confidential relationships,
172+21 including a relationship with a lawyer, minister, or physician; or
173+22 (8) income (except as required by law to determine eligibility for
174+23 participation in a program or for receiving financial assistance
175+24 under a program);
176+25 without the prior consent of the student if the student is an adult or an
177+26 emancipated minor or the prior written consent of the student's parent
178+27 if the student is an unemancipated minor. A parental consent form for
179+28 a personal analysis, an evaluation, or a survey described in this
180+29 subsection shall accurately reflect the contents and nature of the
181+30 personal analysis, evaluation, or survey.
182+31 (c) (d) Before a school may provide a student with instruction on
183+32 human sexuality, the school must provide the parent of the student or
184+33 the student, if the student is an adult or an emancipated minor, with a
185+34 written request for consent of instruction. A consent form provided to
186+35 a parent of a student or a student under this subsection must accurately
187+36 summarize include the following information:
188+37 (1) An accurate summary of the contents and nature of the
189+38 instruction on human sexuality that will be provided to the
190+39 student. and indicate
191+40 (2) Whether the instruction on human sexuality will be taught
192+41 to male and female students in a unified setting or to male and
193+42 female students in separate settings.
198194 ES 442—LS 6910/DI 152 5
199-1 (2) Whether the instruction on human sexuality will be taught
200-2 to male and female students in a unified setting or to male and
201-3 female students in separate settings.
202-4 (3) Whether the instruction on human sexuality will be
203-5 provided by a female or male instructor.
204-6 (4) A statement that a parent of a student or an adult or
205-7 emancipated minor student has the right to review and inspect all
206-8 materials related to the instruction on human sexuality.
207-9 The written consent form may be sent in an electronic format. If the
208-10 written consent form is sent in an electronic format, the form must
209-11 include a link to the list of materials published under subsection
210-12 (b). The parent of the student or the student, if the student is an adult
211-13 or an emancipated minor, may return the consent form indicating that
212-14 the parent of the student or the adult or emancipated student
213-15 (1) consents to the instruction or
214-16 (2) declines instruction.
215-17 If a student does not participate in the instruction on human sexuality,
216-18 the school shall provide the student with alternative academic
217-19 instruction during the same time frame that the instruction on human
218-20 sexuality is provided.
219-21 (d) (e) If the parent of the student or the student, if the student is an
220-22 adult or an emancipated minor, does not respond to the written request
221-23 provided by the school under subsection (c) (d) within twenty-one (21)
222-24 calendar days after receiving the request under subsection (c), (d), the
223-25 school shall provide the parent of the student, or the student, if the
224-26 student is an adult or an emancipated minor, a written notice requesting
225-27 that the parent of the student, or the student, if the student is an adult
226-28 or an emancipated minor, indicate, in a manner prescribed by the
227-29 school, whether the parent of the student or the adult or emancipated
228-30 student:
229-31 (1) consents to the instruction; or
230-32 (2) declines instruction.
231-33 A notice provided to a parent of a student or a student under this
232-34 subsection must accurately summarize the contents and nature of the
233-35 instruction on human sexuality that will be provided to the student and
234-36 indicate that a parent of a student or an adult or emancipated minor
235-37 student has the right to review and inspect all materials related to the
236-38 instruction on human sexuality. The notice may be sent in an electronic
237-39 format. If the school does not receive a response within ten (10) days
238-40 after the notice, the student will receive the instruction on human
239-41 sexuality unless the parent or the adult or emancipated student
240-42 subsequently opts out of the instruction for the student.
195+1 (3) Whether the instruction on human sexuality will be
196+2 provided by a female or male instructor.
197+3 (4) A statement that a parent of a student or an adult or
198+4 emancipated minor student has the right to review and inspect all
199+5 materials related to the instruction on human sexuality.
200+6 The written consent form may be sent in an electronic format. If the
201+7 written consent form is sent in an electronic format, the form must
202+8 include a link to the list of materials published under subsection
203+9 (b). The parent of the student or the student, if the student is an adult
204+10 or an emancipated minor, may return the consent form indicating that
205+11 the parent of the student or the adult or emancipated student
206+12 (1) consents to the instruction or
207+13 (2) declines instruction.
208+14 If a student does not participate in the instruction on human sexuality,
209+15 the school shall provide the student with alternative academic
210+16 instruction during the same time frame that the instruction on human
211+17 sexuality is provided.
212+18 (d) (e) If the parent of the student or the student, if the student is an
213+19 adult or an emancipated minor, does not respond to the written request
214+20 provided by the school under subsection (c) (d) within twenty-one (21)
215+21 calendar days after receiving the request under subsection (c), (d), the
216+22 school shall provide the parent of the student, or the student, if the
217+23 student is an adult or an emancipated minor, a written notice requesting
218+24 that the parent of the student, or the student, if the student is an adult
219+25 or an emancipated minor, indicate, in a manner prescribed by the
220+26 school, whether the parent of the student or the adult or emancipated
221+27 student:
222+28 (1) consents to the instruction; or
223+29 (2) declines instruction.
224+30 A notice provided to a parent of a student or a student under this
225+31 subsection must accurately summarize the contents and nature of the
226+32 instruction on human sexuality that will be provided to the student and
227+33 indicate that a parent of a student or an adult or emancipated minor
228+34 student has the right to review and inspect all materials related to the
229+35 instruction on human sexuality. The notice may be sent in an electronic
230+36 format. If the school does not receive a response within ten (10) days
231+37 after the notice, the student will receive the instruction on human
232+38 sexuality unless the parent or the adult or emancipated student
233+39 subsequently opts out of the instruction for the student.
234+40 (e) (f) The department and the governing body shall give parents
235+41 and students notice of their rights under this section.
236+42 (f) (g) The governing body shall enforce this section.
241237 ES 442—LS 6910/DI 152 6
242-1 (e) (f) The department and the governing body shall give parents
243-2 and students notice of their rights under this section.
244-3 (f) (g) The governing body shall enforce this section.
245-ES 442—LS 6910/DI 152 7
246238 COMMITTEE REPORT
247239 Mr. President: The Senate Committee on Education and Career
248240 Development, to which was referred Senate Bill No. 442, has had the
249241 same under consideration and begs leave to report the same back to the
250242 Senate with the recommendation that said bill be AMENDED as
251243 follows:
252244 Page 1, delete lines 6 through 11, begin a new paragraph and insert:
253245 "Sec. 1. As used in this chapter, "governing authority" refers to
254246 the governing body of a school corporation or the equivalent
255247 authority for a charter school.".
256248 Page 2, delete line 9.
257249 Page 3, between lines 3 and 4, begin a new paragraph and insert:
258250 "SECTION 2. IC 20-30-5-13, AS AMENDED BY P.L.92-2020,
259251 SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
260252 JULY 1, 2025]: Sec. 13. Throughout instruction on human sexuality or
261253 sexually transmitted diseases, infections, a state accredited school
262254 shall:
263255 (1) require a teacher to teach abstinence from sexual activity
264256 outside of marriage as the expected standard for all school age
265257 children;
266258 (2) include in the instruction that abstinence from sexual activity
267259 is the only certain way to avoid out-of-wedlock pregnancy,
268260 sexually transmitted diseases, infections, and other associated
269261 health problems; and
270262 (3) include in the instruction that the best way to avoid sexually
271263 transmitted diseases infections and other associated health
272264 problems is to establish a mutually faithful monogamous
273265 relationship in the context of marriage.".
274266 Renumber all SECTIONS consecutively.
275267 and when so amended that said bill do pass.
276268 (Reference is to SB 442 as introduced.)
277269 RAATZ, Chairperson
278270 Committee Vote: Yeas 9, Nays 4.
279-ES 442—LS 6910/DI 152 8
271+ES 442—LS 6910/DI 152 7
280272 COMMITTEE REPORT
281273 Mr. Speaker: Your Committee on Education, to which was referred
282274 Senate Bill 442, has had the same under consideration and begs leave
283275 to report the same back to the House with the recommendation that said
284276 bill be amended as follows:
285277 Page 1, delete lines 1 through 17.
286278 Page 2, delete lines 1 through 41, begin a new paragraph and insert:
287279 "SECTION 1. IC 20-26-21-4, AS ADDED BY P.L.234-2023,
288280 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
289281 JULY 1, 2025]: Sec. 4. (a) This section does not apply to a personal
290282 analysis, evaluation, or survey for which consent is required under
291283 IC 20-30-5-17(b). IC 20-30-5-17(c).
292284 (b) Before a school corporation or qualified school may administer
293285 a personal analysis, evaluation, or survey described in section 3 of this
294286 chapter, the school corporation or qualified school must provide the
295287 parent of the student or the student, if the student is an adult or an
296288 emancipated minor, with a written request for consent for
297289 administration. A consent form provided to a parent of a student or a
298290 student under this subsection must accurately summarize the contents
299291 and nature of the personal analysis, evaluation, or survey that will be
300292 provided to the student and indicate that a parent of a student or an
301293 adult or emancipated minor student has the right to review and inspect
302294 all materials related to the personal analysis, evaluation, or survey. The
303295 written consent form may be sent in an electronic format. The parent
304296 of the student or the student, if the student is an adult or an
305297 emancipated minor, may return the consent form indicating that the
306298 parent of the student or the adult or emancipated student:
307299 (1) consents to the personal analysis, evaluation, or survey; or
308300 (2) declines the personal analysis, evaluation, or survey.
309301 If a student does not participate in the personal analysis, evaluation, or
310302 survey, the school corporation or qualified school shall provide the
311303 student with alternative academic instruction during the same time
312304 frame that the personal analysis, evaluation, or survey is administered.
313305 (c) If the parent of the student or the student, if the student is an
314306 adult or an emancipated minor, does not respond to the written request
315307 provided by the school corporation or qualified school under subsection
316308 (b) within twenty-one (21) calendar days after receiving the request
317309 under subsection (b), the school corporation or qualified school shall
318310 provide the parent of the student or the student, if the student is an
319311 adult or an emancipated minor, a written notice requesting that the
320312 parent of the student, or the student, if the student is an adult or an
321-ES 442—LS 6910/DI 152 9
313+ES 442—LS 6910/DI 152 8
322314 emancipated minor, indicate, in a manner prescribed by the school
323315 corporation or qualified school, whether the parent of the student or the
324316 adult or emancipated student:
325317 (1) consents to the personal analysis, evaluation, or survey; or
326318 (2) declines the personal analysis, evaluation, or survey.
327319 A notice provided to a parent of a student or a student under this
328320 subsection must accurately summarize the contents and nature of the
329321 personal analysis, evaluation, or survey that will be provided to the
330322 student and indicate that a parent of a student or an adult or
331323 emancipated minor student has the right to review and inspect all
332324 materials related to the personal analysis, evaluation, or survey. The
333325 notice may be sent in an electronic format. If the school corporation or
334326 qualified school does not receive a response within ten (10) days after
335327 the notice, the student will receive the personal analysis, evaluation, or
336328 survey unless the parent or the adult or emancipated student
337329 subsequently opts out of the personal analysis, evaluation, or survey for
338330 the student.
339331 (d) Each school corporation or qualified school shall:
340332 (1) post a copy of a personal analysis, evaluation, or survey
341333 described in subsection (b) on the school corporation's or
342334 qualified school's website; and
343335 (2) send with each notice an explanation of the reasons that the
344336 school corporation or qualified school is administering the
345337 personal analysis, evaluation, or survey.
346338 (e) The department and the governing body shall give parents and
347339 students notice of the parents' and students' rights under this section.".
348340 Page 3, line 2, after "13." insert "(a)".
349341 Page 3, line 11, strike "and".
350342 Page 3, line 15, after "marriage" delete "." and insert "; and
351343 (4) except as provided in subsection (b), provide an in-person
352344 presentation on human growth and development during
353345 pregnancy that includes the following:
354346 (A) A high definition ultrasound video, at least three (3)
355347 minutes in duration, showing the development of the brain,
356348 heart, sex organs, and other vital organs in early fetal
357349 development.
358350 (B) A high quality computer generated rendering or
359351 animation showing the process of fertilization and each
360352 stage of fetal development inside the uterus, noting
361353 significant markers in cell growth and organ development
362354 for every week of pregnancy from fertilization to birth.
363355 (b) A state accredited school that provides the instruction
364-ES 442—LS 6910/DI 152 10
356+ES 442—LS 6910/DI 152 9
365357 described in subsection (a) in a course in which one hundred
366358 percent (100%) of the course is virtual shall provide a virtual
367359 presentation on human growth and development during pregnancy
368360 that meets the requirements in subsection (a)(4).
369361 SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
370362 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
371363 JULY 1, 2025]: Sec. 17. (a) Each school corporation shall make
372364 available for inspection by the parent of a student any instructional
373365 materials, including teachers' manuals, curricular materials, films or
374366 other video materials, tapes, and other materials, used in connection
375367 with:
376368 (1) a personal analysis, an evaluation, or a survey described in
377369 subsection (b); (c); or
378370 (2) instruction on human sexuality.
379371 (b) The governing body of a school corporation shall publish a
380372 list of any instructional materials, including teachers' manuals,
381373 curricular materials, films or other video materials, tapes, and
382374 other materials, used in connection with instruction on human
383375 sexuality on the school's website.
384376 (b) (c) A student shall not be required to participate in a personal
385377 analysis, an evaluation, or a survey that is not directly related to
386378 academic instruction and that reveals or attempts to affect the student's
387379 attitudes, habits, traits, opinions, beliefs, or feelings concerning:
388380 (1) political affiliations;
389381 (2) religious beliefs or practices;
390382 (3) mental or psychological conditions that may embarrass the
391383 student or the student's family;
392384 (4) sexual behavior or attitudes;
393385 (5) illegal, antisocial, self-incriminating, or demeaning behavior;
394386 (6) critical appraisals of other individuals with whom the student
395387 has a close family relationship;
396388 (7) legally recognized privileged or confidential relationships,
397389 including a relationship with a lawyer, minister, or physician; or
398390 (8) income (except as required by law to determine eligibility for
399391 participation in a program or for receiving financial assistance
400392 under a program);
401393 without the prior consent of the student if the student is an adult or an
402394 emancipated minor or the prior written consent of the student's parent
403395 if the student is an unemancipated minor. A parental consent form for
404396 a personal analysis, an evaluation, or a survey described in this
405397 subsection shall accurately reflect the contents and nature of the
406398 personal analysis, evaluation, or survey.
407-ES 442—LS 6910/DI 152 11
399+ES 442—LS 6910/DI 152 10
408400 (c) (d) Before a school may provide a student with instruction on
409401 human sexuality, the school must provide the parent of the student or
410402 the student, if the student is an adult or an emancipated minor, with a
411403 written request for consent of instruction. A consent form provided to
412404 a parent of a student or a student under this subsection must accurately
413405 summarize include the following information:
414406 (1) An accurate summary of the contents and nature of the
415407 instruction on human sexuality that will be provided to the
416408 student. and indicate
417409 (2) Whether the instruction on human sexuality will be taught
418410 to male and female students in a unified setting or to male and
419411 female students in separate settings.
420412 (3) Whether the instruction on human sexuality will be
421413 provided by a female or male instructor.
422414 (4) A statement that a parent of a student or an adult or
423415 emancipated minor student has the right to review and inspect all
424416 materials related to the instruction on human sexuality.
425417 The written consent form may be sent in an electronic format. If the
426418 written consent form is sent in an electronic format, the form must
427419 include a link to the list of materials published under subsection
428420 (b). The parent of the student or the student, if the student is an adult
429421 or an emancipated minor, may return the consent form indicating that
430422 the parent of the student or the adult or emancipated student
431423 (1) consents to the instruction or
432424 (2) declines instruction.
433425 If a student does not participate in the instruction on human sexuality,
434426 the school shall provide the student with alternative academic
435427 instruction during the same time frame that the instruction on human
436428 sexuality is provided.
437429 (d) (e) If the parent of the student or the student, if the student is an
438430 adult or an emancipated minor, does not respond to the written request
439431 provided by the school under subsection (c) (d) within twenty-one (21)
440432 calendar days after receiving the request under subsection (c), (d), the
441433 school shall provide the parent of the student, or the student, if the
442434 student is an adult or an emancipated minor, a written notice requesting
443435 that the parent of the student, or the student, if the student is an adult
444436 or an emancipated minor, indicate, in a manner prescribed by the
445437 school, whether the parent of the student or the adult or emancipated
446438 student:
447439 (1) consents to the instruction; or
448440 (2) declines instruction.
449441 A notice provided to a parent of a student or a student under this
450-ES 442—LS 6910/DI 152 12
442+ES 442—LS 6910/DI 152 11
451443 subsection must accurately summarize the contents and nature of the
452444 instruction on human sexuality that will be provided to the student and
453445 indicate that a parent of a student or an adult or emancipated minor
454446 student has the right to review and inspect all materials related to the
455447 instruction on human sexuality. The notice may be sent in an electronic
456448 format. If the school does not receive a response within ten (10) days
457449 after the notice, the student will receive the instruction on human
458450 sexuality unless the parent or the adult or emancipated student
459451 subsequently opts out of the instruction for the student.
460452 (e) (f) The department and the governing body shall give parents
461453 and students notice of their rights under this section.
462454 (f) (g) The governing body shall enforce this section.".
463455 Page 3, delete lines 16 through 42.
464456 Delete pages 4 through 5.
465457 Renumber all SECTIONS consecutively.
466458 and when so amended that said bill do pass.
467459 (Reference is to SB 442 as printed February 7, 2025.)
468460 BEHNING
469461 Committee Vote: yeas 8, nays 4.
470-_____
471-HOUSE MOTION
472-Mr. Speaker: I move that Engrossed Senate Bill 442 be amended to
473-read as follows:
474-Page 3, line 17, delete "and".
475-Page 3, between lines 17 and 18, begin a new line block indented
476-and insert:
477-"(4) include in the instruction the importance of consent to
478-sexual activity between two (2) individuals; and".
479-Page 3, line 18, delete "(4)" and insert "(5)".
480-Page 3, line 34, delete "(a)(4)." and insert "(a)(5).".
481-(Reference is to ESB 442 as printed April 9, 2025.)
482-PFAFF
483-ES 442—LS 6910/DI 152 13
484-HOUSE MOTION
485-Mr. Speaker: I move that Engrossed Senate Bill 442 be amended to
486-read as follows:
487-Page 3, line 20, after "that" insert "is medically accurate and age
488-appropriate and".
489-(Reference is to ESB 442 as printed April 9, 2025.)
490-HAMILTON
491462 ES 442—LS 6910/DI 152