Text of IN HB 1195 (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 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. 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