Text of IN HB 1231 (2022)

Introduced Version HOUSE BILL No. 1231 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-19-5; IC 20-22.5; IC 20-26-14-8; IC 20-28-5-7; IC 20-31-4.1-8.5. Synopsis: Education matters. Defines "applicable school". Provides that a state agency, school corporation, or applicable school, or an employee of the state agency, school corporation, or applicable school acting in an official capacity, may not direct or otherwise compel students or a school employee to personally affirm, adopt, or adhere to certain tenets relating to the individual's sex or race. Provides that a state agency, school corporation, or applicable school, or an employee of the state agency, school corporation, or applicable school acting in an official capacity, may not require an employee of the state agency, school corporation, or applicable school to engage in training, orientation, or therapy that presents any form of racial or sex stereotyping or blame on the basis of sex or race. Requires each school corporation or applicable school to adopt a policy to allow a taxpayer to observe classroom instruction at any time requested by the taxpayer. Requires, not later than July 30, 2022, and not later than June 30 each year thereafter, each applicable school to post on the applicable school's Internet web site, in a manner that is accessible by the public, certain information regarding learning materials and educational activities. Requires the department of education (department) to develop and post on the department's Internet web site a model plan for presenting the learning material or educational activity information. Establishes procedures for a petitioner to file a complaint form alleging certain violations occurred within a school corporation or applicable school. Provides that a petitioner may appeal a school corporation's or applicable school's findings to the department. Requires the department to appoint an administrative law judge to adjudicate appeals. Requires (Continued next page) Effective: July 1, 2022. Jacob, Nisly, Borders January 6, 2022, read first time and referred to Committee on Education. 2022 IN 1231—LS 7129/DI 116 Digest Continued the department to issue a final order. Requires the attorney general or the attorney general's designee to review a school corporation's or applicable school's findings or the department's final order. Provides that the attorney general may assess civil penalties if the attorney general determines a violation occurred. Provides that a school corporation or applicable school may not take retaliatory action against a petitioner or an individual related to or associated with the petitioner. Repeals provisions requiring the department to develop the children's social, emotional, and behavioral health plan. Makes conforming amendments. 2022 IN 1231—LS 7129/DI 116 2022 IN 1231—LS 7129/DI 116 Introduced Second Regular Session of the 122nd General Assembly (2022) 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 2021 Regular Session of the General Assembly. HOUSE BILL No. 1231 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 20-19-5 IS REPEALED [EFFECTIVE JULY 1, 2 2022]. (Children's Social, Emotional, and Behavioral Health Plan). 3 SECTION 2. IC 20-22.5 IS ADDED TO THE INDIANA CODE AS 4 A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 5 2022]: 6 ARTICLE 22.5. PROTECTIONS FOR STUDENTS, PARENTS, 7 AND EDUCATORS 8 Chapter 1. Policy and Applicability 9 Sec. 1. This article applies to: 10 (1) a school corporation; 11 (2) a charter school; 12 (3) the Indiana School for the Blind and Visually Impaired 13 established by IC 20-21-2-1; 14 (4) the Indiana School for the Deaf established by 15 IC 20-22-2-1; 2022 IN 1231—LS 7129/DI 116 2 1 (5) a laboratory school established under IC 20-24.5-2; and 2 (6) a state accredited nonpublic school. 3 Chapter 2. Definitions 4 Sec. 1. The following definitions apply throughout this article: 5 (1) "Applicable school" refers to the following: 6 (A) A school maintained by a school corporation. 7 (B) A charter school. 8 (C) A laboratory school established under IC 20-24.5-2. 9 (D) The Indiana School for the Blind and Visually 10 Impaired established by IC 20-21-2-1. 11 (E) The Indiana School for the Deaf established by 12 IC 20-22-2-1. 13 (F) A state accredited nonpublic school. 14 (2) "Course" means any forum where instruction or activities 15 tied to the instruction are provided, including: 16 (A) courses; 17 (B) training; 18 (C) seminars; 19 (D) professional development; 20 (E) lectures; 21 (F) sessions; 22 (G) coaching; 23 (H) tutoring; and 24 (I) classes. 25 (3) "Educational activity" means a presentation, assembly, 26 lecture, or any other educational activity or event that is: 27 (A) organized or facilitated by a school corporation or 28 applicable school or an employee of the school corporation 29 or applicable school; and 30 (B) conducted during instructional time (as defined in 31 IC 20-30-2-1). 32 The term does not include a student presentation. 33 (4) "Educational activity presenter information" means the 34 following: 35 (A) The name of a presenter of an educational activity. 36 (B) The name of the organization, if applicable, that the 37 presenter of the educational activity represents. 38 (5) "Learning material" means any material used for student 39 instruction by a school corporation or school, including the 40 following: 41 (A) Textbooks and other printed materials. 42 (B) Audiovisual materials. 2022 IN 1231—LS 7129/DI 116 3 1 (C) Materials in electronic or digital formats, including 2 materials accessible through the Internet. 3 (D) All materials to be presented or provided to students in 4 connection with an educational activity. 5 The term includes a lesson plan, a syllabus, and any materials 6 that contain curriculum content. The term does not include an 7 academic test, quiz, or scoring keys. 8 Chapter 3. Prohibited Curriculum and Practices 9 Sec. 1. (a) A school corporation or applicable school, or a school 10 employee acting in the employee's official capacity, may not 11 include or promote the following concepts as part of a course or 12 educational activity, or allow teachers or other employees of the 13 school corporation or applicable school to use supplemental 14 instructional materials that include or promote the following 15 concepts as part of any student instruction or school employee 16 training or other employment requirements: 17 (1) One (1) race or sex is inherently superior to another race 18 or sex. 19 (2) An individual, by virtue of the individual's race or sex, is 20 inherently privileged, racist, sexist, or oppressive, whether 21 consciously or subconsciously. 22 (3) An individual should be discriminated against or receive 23 adverse treatment because of the individual's race or sex. 24 (4) Members of one (1) race or sex cannot and should not 25 attempt to treat others without respect to race or sex. 26 (5) An individual's moral character is determined by the 27 individual's race or sex. 28 (6) An individual, by virtue of the individual's race or sex, 29 bears responsibility for actions committed in the past by other 30 members of the same race or sex. 31 (7) An individual should feel discomfort, guilt, or anguish or 32 another form of psychological distress solely because of the 33 individual's race or sex. 34 (8) Meritocracy or traits such as hard work ethic are racist or 35 sexist, or designed by a particular race or sex to oppress 36 members of another race or sex. 37 (9) Indiana or the United States was founded as a racist or 38 sexist state or nation and is fundamentally or irredeemably 39 racist or sexist. 40 (b) A school corporation or applicable school is prohibited from 41 discriminating on the basis of race or sex in the form of bias, 42 stereotyping, scapegoating, classification, or categorical assignment 2022 IN 1231—LS 7129/DI 116 4 1 of traits, morals, values, or characteristics based solely on race or 2 sex. School corporations and applicable schools are prohibited 3 from engaging in race based or sex based discriminatory acts by 4 using methods described in subsection (a), which result in treating 5 individuals differently on the basis of race or sex or in the creation 6 of a hostile environment. 7 (c) A school corporation or applicable school, or a school 8 employee acting in the employee's official capacity, may not 9 require a school employee or student to affirm a belief in a concept 10 described in subsection (a) or the multiplicity or fluidity of gender 11 identities, or similar concepts, that are against the school 12 employee's or student's religious or philosophical convictions. 13 (d) A school corporation or applicable school may not do the 14 following: 15 (1) Provide, contract to provide, offer, or sponsor any course 16 that includes, incorporates, or is based on practices prohibited 17 under this section. 18 (2) Use money, property, assets, or resources for a purpose 19 that includes, incorporates, or is based on practices prohibited 20 under this section. 21 (3) Adopt programs or use curricular material, instructional 22 material, curriculum, classroom assignments, orientation, 23 interventions, or counseling that include, incorporate, or are 24 based on practices prohibited under this section. 25 (4) Execute a contract or agreement with an internal or 26 external entity or person to provide services, training, 27 professional development, or any other assistance that 28 includes or incorporates practices prohibited under this 29 chapter. 30 (5) Receive or apply to receive money that requires, as a 31 condition of receipt of the money, the adoption of a course, 32 policy, curriculum, or any other instructional material that 33 includes, incorporates, or is based on practices prohibited 34 under this section. 35 (6) Adopt diversity, equity, or inclusion plans or training for 36 students or school employees that includes, incorporates, or 37 is based on practices prohibited under this chapter. A 38 diversity officer at a school corporation, applicable school, or 39 educational program is prohibited from providing any service 40 or performing any duty that includes, incorporates, or is 41 based on practices prohibited under this section. 42 (7) Adopt policies, including grading or admissions policies, or 2022 IN 1231—LS 7129/DI 116 5 1 providing any other benefit or service that applies to students 2 or school employees differently on the basis of race or sex. 3 This includes segregated classes, programs, training sessions, 4 extracurricular activities, or affinity groups. 5 (e) Notwithstanding subsection (a), this section does not prohibit 6 a school corporation or applicable school from including, as part 7 of a course, or from allowing teachers or other employees of the 8 school corporation or applicable school to use supplemental 9 instructional materials that provide the following: 10 (1) The history of an ethnic group. 11 (2) The impartial discussion of controversial aspects of 12 history. 13 (3) The impartial instruction on the historical oppression of a 14 particular group of people based on race, ethnicity, class, 15 nationality, religion, or geographic region. 16 (4) Historical documents relevant to topics described in 17 subdivisions (1) through (3). 18 (f) Nothing in this section may be construed to prohibit the 19 required collection or reporting of demographic data by a school 20 corporation or applicable school. 21 Sec. 2. (a) This section does not apply to an academic test or 22 assessment. 23 (b) A third party vendor who has a contract with a school 24 corporation or applicable school is prohibited from providing 25 instruction, conducting surveys, or providing services to any 26 student or employee of the school corporation or applicable school 27 that conflicts with section 1 of this chapter. 28 Sec. 3. The state board, in consultation with the department, 29 shall adopt rules under IC 4-22-2 to prohibit applicable schools 30 from doing the following: 31 (1) Promoting or advocating for student participation in a 32 particular political affiliation, ideology, sectarian, or religion. 33 (2) Providing or making part of any course or educational 34 activity subject matter that includes instruction or evaluation 35 of a student's social, emotional, and behavioral health. 36 (3) Making part of a course, or awarding a grade or course 37 credit for, including extra credit, a student's: 38 (A) political activism, lobbying, or efforts to persuade 39 members of the legislative or executive branch at the 40 federal, state, or local level to take specific actions by 41 direct communication; or 42 (B) participation in any internship, practicum, or similar 2022 IN 1231—LS 7129/DI 116 6 1 activity involving social or public policy advocacy. 2 (4) Introducing any controversial subject matter or current 3 event germane to the subject matter being taught. 4 (5) Endorsing, supporting, or engaging in any activity that 5 impedes the lawful access to an applicable school by a military 6 recruiter or local, state, or federal law enforcement officer. 7 Chapter 4. School Transparency 8 Sec. 1. (a) Subject to subsection (b), each school corporation and 9 applicable school shall adopt a policy to allow any taxpayer to 10 observe classroom instruction at any time requested by the 11 taxpayer. 12 (b) The policy described in subsection (a) may establish 13 procedures to: 14 (1) minimize classroom disruptions; 15 (2) ensure classroom safety; and 16 (3) limit the number of taxpayers who may observe a 17 particular class at any particular time if the number of 18 taxpayers present to observe the class exceeds five (5). 19 Sec. 2. (a) This section applies to a learning material or 20 educational activity to which any of the following apply: 21 (1) The learning material or educational activity is or is 22 intended to be assigned, distributed, or otherwise presented 23 to: 24 (A) a student in a course or class for which the student 25 receives credit; 26 (B) a student if use of the learning material or 27 participation in the educational activity is required by the 28 school corporation or applicable school; or 29 (C) a student and at least a majority of students in a grade 30 level are expected to use the learning material or 31 participate in the educational activity. 32 (2) The learning material is or is intended to be included in a 33 defined list of learning materials from which the students are 34 required to select one (1) or more of the learning materials. 35 (3) The learning material or educational activity is created by: 36 (A) the department; 37 (B) the governing body of a school corporation or 38 applicable school; or 39 (C) an employee of a school corporation or applicable 40 school. 41 (b) Not later than July 30, 2022, and not later than June 30 each 42 year thereafter, each applicable school shall post on the applicable 2022 IN 1231—LS 7129/DI 116 7 1 school's Internet web site, in a manner accessible by the public, the 2 following: 3 (1) Information concerning any learning material or 4 educational activity that is or is intended to be used for 5 student instruction by the applicable school in the 6 immediately following school year, organized by grade level, 7 teacher, and subject area. The information posted under this 8 subdivision must include the following: 9 (A) The title and author, organization, or Internet web site 10 associated with each learning material and educational 11 activity. 12 (B) The full text or a copy of the learning material or 13 educational activity. 14 (2) The title, author, and publisher of each book, periodical, 15 treatise, article, recording, software, or paper available in the 16 school's library. 17 (3) Any procedures or policies in effect for the documentation, 18 review, or approval of learning materials or educational 19 activities used for student instruction. 20 (c) Each applicable school shall: 21 (1) update the information described in subsection (b) at least 22 one (1) time each semester; and 23 (2) post a notice on the applicable school's Internet web site 24 that the information has been updated and the date on which 25 the information was updated. 26 (d) This section may not be construed to require an applicable 27 school to post learning material or information concerning an 28 educational activity in a manner that would constitute an 29 infringement of copyright under the federal Copyright Act (17 30 U.S.C. 101 et seq.). 31 (e) The department shall: 32 (1) develop a model plan for presenting the information 33 described in this section on an applicable school's Internet 34 web site; and 35 (2) post the model on the department's Internet web site. 36 Sec. 3. (a) Upon request of a parent of a student enrolled in a 37 school corporation or applicable school, the school corporation or 38 applicable school shall make available, in the manner prescribed 39 in subsection (b), for inspection to the parent of the student: 40 (1) learning material for the particular student; and 41 (2) educational activity presenter information for educational 42 activity presenters currently scheduled for an educational 2022 IN 1231—LS 7129/DI 116 8 1 activity or who conducted an educational activity within 2 twelve (12) months preceding the date of the request 3 submitted under this subsection at the particular school that 4 the student currently attends. 5 (b) A school corporation or applicable school shall make the 6 information described in subsection (a) available for inspection at 7 the particular school that the student attends during normal school 8 office hours in a manner prescribed by the school corporation or 9 applicable school within five (5) business days of receipt of the 10 request. In addition, the school corporation or applicable school 11 may make the information available to a parent: 12 (1) by posting the learning material or educational activity 13 presenter information on the school corporation's or 14 applicable school's Internet web site; 15 (2) by providing the information to the parent of the student 16 by electronic mail; or 17 (3) by delivering, through regular mail or hand delivery, 18 photocopies of the learning material or educational activity 19 presenter information. A school corporation or applicable 20 school may charge a fee under this subdivision in accordance 21 with IC 5-14-3-8. 22 Sec. 4. (a) On or before August 1, 2023, and each August 1 23 thereafter, each school corporation or applicable school shall 24 report to the department in a manner prescribed by the 25 department: 26 (1) the number of complaints received pertaining to learning 27 materials or educational activities for the previous school 28 year; and 29 (2) procedures used by the school corporation or applicable 30 school to protect disclosure of a student's personal identifiable 31 information from disclosure by the school corporation or 32 applicable school or a third party vendor who contracts with 33 the school corporation or applicable school. 34 (b) On or before September 1, 2023, and each September 1, 35 thereafter, the department shall include the information provided 36 by each school corporation and applicable school on the 37 department's Internet web site. 38 Sec. 5. The state board may adopt rules under IC 4-22-2 to 39 implement this chapter. 40 Chapter 5. Compliance 41 Sec. 1. (a) The department shall develop a complaint form to be 42 used by an individual to file a complaint with a school corporation 2022 IN 1231—LS 7129/DI 116 9 1 or applicable school in the manner described in section 2 of this 2 chapter alleging a violation under this article. The complaint form 3 must contain the following information: 4 (1) The date of the complaint. 5 (2) The date or dates that the alleged violation occurred. 6 (3) A detailed description of the alleged violation. 7 (4) Information necessary to enable the school corporation or 8 applicable school to investigate the violation. 9 (5) The option for the petitioner to provide the identification 10 of witnesses the school corporation or applicable school may 11 interview, if applicable. 12 (b) The department shall maintain a copy of the complaint form 13 on the department's Internet web site. In addition, each school 14 corporation and applicable school must maintain a link to the 15 complaint form on the school corporation's or applicable school's 16 Internet web site. 17 Sec. 2. (a) A petitioner may file a complaint form developed by 18 the department under section 1 of this chapter with a school 19 corporation or applicable school alleging a violation of this article. 20 The school corporation or applicable school, governing body, and 21 the attorney general's office shall investigate each complaint to 22 determine whether a violation occurred. 23 (b) Each school corporation shall designate at least one (1) 24 employee to respond to complaints under this chapter. Every 25 applicable school other than an applicable school that is part of a 26 school corporation shall designate at least one (1) employee to 27 review complaints under this chapter submitted to the particular 28 applicable school. Each school corporation or applicable school 29 shall include contact information including the: 30 (1) name; 31 (2) address; 32 (3) telephone number; and 33 (4) electronic mail address; 34 for the designated individual on the school corporation's or 35 applicable school's Internet web site. 36 (c) Upon receipt of a complaint form, the school corporation or 37 applicable school shall acknowledge receipt of the complaint form 38 not later than three (3) business days after receipt of the complaint 39 form. The school corporation or applicable school shall investigate 40 the complaint within ten (10) business days after receipt of the 41 complaint form and make findings that shall be sent by mail to the 42 petitioner. If the school corporation or applicable school finds: 2022 IN 1231—LS 7129/DI 116 10 1 (1) that a violation occurred, the findings must include a 2 description of how the school corporation or applicable school 3 will remedy the violation; or 4 (2) that a violation did not occur, the findings must include an 5 explanation of the school corporation's or applicable school's 6 findings. 7 The school corporation or applicable school shall provide the 8 petitioner notice of the petitioner's right to appeal and the deadline 9 to appeal the findings under section 3 of this chapter with a copy 10 of the findings mailed to the petitioner under this subsection. 11 (d) Nothing in this section may be construed to require a school 12 corporation or applicable school to disclose personal identifiable 13 information of a student. 14 (e) The school corporation or applicable school shall send a copy 15 of the findings made under subsection (c) to the attorney general 16 for review under section 4 of this chapter if the petitioner does not 17 appeal the findings under section 3 of this chapter. The school 18 corporation or applicable school shall submit a copy of the school 19 corporation's or applicable school's finding to the attorney general 20 not later than five (5) business days after the date required for an 21 appeal to be considered timely under section 3 of this chapter. 22 Sec. 3. (a) A petitioner may appeal a school corporation's or 23 applicable school's findings made under section 2 of this chapter if 24 the petitioner believes that the school corporation or applicable 25 school has incorrectly refused to investigate a complaint form or 26 the petitioner has evidence that a school corporation or applicable 27 school has reached an incorrect determination under section 2 of 28 this chapter. The appeal must be submitted to the department by 29 the petitioner not later than thirty (30) days after the date of the 30 school corporation's or applicable school's findings and notice of 31 the petitioner's right to appeal were mailed to the petitioner under 32 section 2 of this chapter. The appeal must be submitted to the 33 department on a form prescribed by the department. The form 34 shall be available on the department's Internet web site, and the 35 school corporation or applicable school must maintain a link to the 36 form on the school corporation's or applicable school's Internet 37 web site. 38 (b) The department shall send notice to the school corporation 39 or applicable school of an appeal submitted under this section not 40 later than three (3) business days after receipt after the appeal. 41 (c) The department, using an administrative law judge 42 appointed by the attorney general's office, shall conduct 2022 IN 1231—LS 7129/DI 116 11 1 adjudicative proceedings under this section in accordance with 2 IC 4-21.5-3. The administrative law judge who shall issue a final 3 order in accordance to IC 4-21.5-3-27. 4 (d) If an administrative law judge determines that the school 5 corporation or applicable school committed a protected right 6 violation under this article, the final order may do any of the 7 following: 8 (1) Require the school corporation or applicable school to 9 remedy the protected right violation. 10 (2) Withhold state tuition support under IC 20-43 for the 11 school corporation or applicable school until the protected 12 right violation is remedied in accordance with the final order. 13 (3) Recommend that the state board revoke the school 14 corporation's or applicable school's performance based 15 accreditation under IC 20-31-4.1. 16 (4) Suspend or revoke a license under IC 20-28-5-7. 17 (5) Include a recommendation for the attorney general to 18 assess a civil penalty in accordance with section 4 of this 19 chapter. 20 A school corporation or applicable school shall comply with a final 21 order issued by the department. 22 (e) The department shall submit a copy of the department's final 23 order to the attorney general not later than five (5) business days 24 after the date the final order is issued. 25 Sec. 4. (a) Upon receipt of either: 26 (1) the findings submitted by a school corporation or 27 applicable school under section 2 of this chapter; or 28 (2) a final order submitted by the department under section 29 3 of this chapter; 30 the attorney general or the attorney general's designee shall review 31 the findings of the school corporation, applicable school, or 32 department. The attorney general may request additional 33 information from the school corporation, applicable school, or 34 department necessary to review the findings or final order. 35 (b) If, after conducting the review described in subsection (a), 36 the attorney general determines that a violation occurred, the 37 attorney general may assess a civil penalty against the school 38 corporation or applicable school in an amount determined under 39 subsection (c). A civil penalty assessed under this subsection must 40 be deposited in the state general fund. 41 (c) The amount of a civil penalty under subsection (b) is as 42 follows: 2022 IN 1231—LS 7129/DI 116 12 1 (1) For a first violation, at least one thousand dollars ($1,000) 2 but less than five thousand dollars ($5,000) for each student 3 or employee who is the subject of a violation under this 4 section. 5 (2) For a second violation, at least five thousand dollars 6 ($5,000) but less than ten thousand dollars ($10,000) for each 7 student or employee who is the subject of a violation under 8 this section. 9 (3) For any violation after a second violation, at least ten 10 thousand dollars ($10,000) for each student or employee who 11 is the subject of a violation under this section. 12 Sec. 5. (a) A petitioner may bring a civil action against a school 13 corporation or applicable school if the petitioner is the subject of 14 a violation under this article by the school corporation or 15 applicable school. 16 (b) A court may award the following to a petitioner who prevails 17 in a civil action under this section: 18 (1) Court costs and reasonable attorney's fees. 19 (2) The greater of: 20 (A) actual damages resulting from the violation; or 21 (B) liquidated damages in an amount of five thousand 22 dollars ($5,000). 23 Sec. 6. (a) A school corporation or applicable school may not 24 take any retaliatory action against any petitioner, or any other 25 person related to or associated with the petitioner, who exercises 26 any right under this article. 27 (b) A school corporation or applicable school may not take any 28 retaliatory action against any petitioner, or any other person 29 related to or associated with the petitioner, who files a complaint 30 under this chapter. 31 (c) A court may award the following to an individual who 32 prevails in a civil action under this section: 33 (1) Court costs and reasonable attorney's fees. 34 (2) The greater of: 35 (A) actual damages resulting from the violation; or 36 (B) liquidated damages in an amount of five thousand 37 dollars ($5,000). 38 Chapter 6. Rulemaking 39 Sec. 1. The state board may adopt rules under IC 4-22-2 to 40 implement this article. 41 SECTION 3. IC 20-26-14-8, AS AMENDED BY P.L.142-2020, 42 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 2022 IN 1231—LS 7129/DI 116 13 1 JULY 1, 2022]: Sec. 8. (a) The department shall notify the association 2 of any license revocation or suspension involving a licensed teacher (as 3 defined in IC 20-18-2-22) under IC 20-28-5-8 who: 4 (1) has: 5 (A) been convicted of an offense described in IC 20-28-5-8(c); 6 or 7 (B) committed misconduct described in IC 20-28-5-7(1) 8 IC 20-28-5-7(a)(1) or IC 20-28-5-7(2); IC 20-28-5-7(a)(2); 9 and 10 (2) is also a coach accredited by the association. 11 (b) A school corporation, charter high school, or nonpublic high 12 school with at least one (1) employee must report to the association, in 13 a manner prescribed by the association, when a nonteaching or 14 volunteer coach accredited by the association has been convicted of an 15 offense described in IC 20-28-5-8(c). 16 (c) The association shall develop a rule, as soon as practicable, to 17 suspend or revoke the coaching accreditation of a teacher who has been 18 reported to the association under subsection (a) for committing 19 misconduct described in IC 20-28-5-7(1) IC 20-28-5-7(a)(1) or 20 IC 20-28-5-7(2). IC 20-28-5-7(a)(2). 21 (d) The association shall revoke the accreditation of any coach who 22 has been convicted of an offense described in IC 20-28-5-8. The 23 association may, after holding a hearing on the matter, reinstate the 24 accreditation of an individual whose accreditation has been revoked by 25 the association if the individual's conviction has been reversed, 26 vacated, or set aside on appeal. 27 (e) Nothing in this section shall be construed to prohibit the 28 association from revoking a coaching accreditation or otherwise 29 imposing any other form of discipline for misconduct not described in 30 IC 20-28-5-7(1), IC 20-28-5-7(a)(1), IC 20-28-5-7(2), 31 IC 20-28-5-7(a)(2), or IC 20-28-5-8. 32 (f) The: 33 (1) association or its employees; 34 (2) department or its employees; or 35 (3) school corporation, charter high school, or nonpublic high 36 school with at least one (1) employee or its employees; 37 are immune from civil liability for any act done or omitted under this 38 section or section 9 of this chapter unless the action constitutes gross 39 negligence or willful or wanton misconduct. 40 SECTION 4. IC 20-28-5-7, AS AMENDED BY P.L.43-2021, 41 SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 42 JULY 1, 2022]: Sec. 7. (a) On the written recommendation of the 2022 IN 1231—LS 7129/DI 116 14 1 secretary of education, the department may suspend or revoke a license 2 for: 3 (1) immorality; 4 (2) misconduct in office; 5 (3) incompetency; or 6 (4) willful neglect of duty. 7 For each suspension or revocation, the department shall comply with 8 IC 4-21.5-3. 9 (b) A teacher, principal, or superintendent who: 10 (1) willfully; 11 (2) knowingly; and 12 (3) without probable cause; 13 makes a false claim in a complaint under IC 20-22.5-5 is considered 14 to have committed misconduct in office under subsection (a). 15 (c) The department shall revoke the license of a teacher, 16 principal, or superintendent who is found to have: 17 (1) willfully; and 18 (2) knowingly; 19 committed a violation under IC 20-22.5. 20 SECTION 5. IC 20-31-4.1-8.5 IS ADDED TO THE INDIANA 21 CODE AS A NEW SECTION TO READ AS FOLLOWS 22 [EFFECTIVE JULY 1, 2022]: Sec. 8.5. The state board may revoke 23 the performance based accreditation of a school corporation or 24 applicable school (as defined in IC 20-22.5-2-1) after consideration 25 of a final order issued by the department under IC 20-22.5-5-3. 2022 IN 1231—LS 7129/DI 116