Text of IN HB 1447 (2023)

Introduced Version HOUSE BILL No. 1447 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-23-18-3; IC 20-26-21; IC 20-33-1.5. Synopsis: Education matters. Provides that, if a school corporation or qualified school uses a third party vendor in providing certain personal analyses, evaluations, or surveys, the third party vendor and the school corporation or qualified school may not record, collect, or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. Provides that, if a school corporation or qualified school uses a third party vendor in providing the personal analysis, evaluation, or survey, the school corporation or qualified school must provide parents or students, as applicable, two requests for written consent before administering the analysis, evaluation, or survey. Provides that the school corporation or qualified school may administer the personal analysis, evaluation, or survey if a parent or student, as applicable, does not decline the analysis, evaluation, or survey. Requires each school corporation or qualified school to: (1) post a copy of a personal analysis, evaluation, or survey 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. Requires each qualified school to establish and maintain a grievance procedure for complaints regarding a violation of this provision. Provides that, if a state agency, school corporation, or qualified school or an employee of a state agency, school corporation, or qualified school requires, makes part of a course, awards a grade or course credit, including extra credit, or otherwise incentivizes a student to engage in certain activities or practices, the state agency, school corporation, or qualified school or (Continued next page) Effective: July 1, 2023. Schaibley January 17, 2023, read first time and referred to Committee on Education. 2023 IN 1447—LS 7188/DI 110 Digest Continued the employee of the state agency, school corporation, or qualified school shall not require the student to adopt, affirm, affiliate, or take any action that would result in favoring any particular position on the issue or issues involved. 2023 IN 1447—LS 7188/DI 110 2023 IN 1447—LS 7188/DI 110 Introduced First Regular Session of the 123rd General Assembly (2023) 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 2022 Regular Session of the General Assembly. HOUSE BILL No. 1447 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 20-23-18-3, AS AMENDED BY P.L.125-2022, 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c), the 4 Muncie Community school corporation is subject to all applicable 5 federal and state laws. 6 (b) If a provision of this chapter conflicts with any other law, 7 including IC 20-23-4, the provision in this chapter controls. 8 (c) Notwithstanding subsection (a), to provide all administrative and 9 academic flexibility to implement innovative strategies, the Muncie 10 Community school corporation is subject only to the following IC 20 11 and IC 22 provisions: 12 (1) IC 20-26-5-10 (criminal history). 13 (2) IC 20-26-21 (personal analyses, evaluations, or surveys by 14 third party vendors). 15 (2) (3) IC 20-28-5-8 (conviction of certain felonies or 2023 IN 1447—LS 7188/DI 110 2 1 misdemeanors; notice and hearing; permanent revocation of 2 license; data base of school employees who have been reported). 3 (3) (4) IC 20-28-10-17 (school counselor immunity). 4 (4) (5) IC 20-29 (collective bargaining) to the extent required by 5 subsection (e). 6 (5) (6) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative 7 observances). 8 (6) (7) The following: 9 (A) IC 20-30-5-0.5 (display of the United States flag; Pledge 10 of Allegiance). 11 (B) IC 20-30-5-1, IC 20-30-5-2, and IC 20-30-5-3 (the 12 constitutions of Indiana and the United States; writings, 13 documents, and records of American history or heritage). 14 (C) IC 20-30-5-4 (system of government; American history). 15 (D) IC 20-30-5-5 (morals instruction). 16 (E) IC 20-30-5-6 (good citizenship instruction). 17 (7) (8) IC 20-32-4, concerning graduation requirements. 18 (8) (9) IC 20-32-5.1, concerning the Indiana's Learning 19 Evaluation Assessment Readiness Network (ILEARN) program. 20 (9) (10) IC 20-32-8.5 (IRead3). 21 (10) (11) IC 20-33-2 (compulsory school attendance). 22 (11) (12) IC 20-33-8-16 (firearms, and deadly weapons, or 23 destructive devices). 24 (12) (13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 25 (student due process and judicial review). 26 (13) (14) IC 20-33-7 (parental access to education records). 27 (14) (15) IC 20-33-9 (reporting of student violations of law). 28 (15) (16) IC 20-34-3 (health and safety measures). 29 (16) (17) IC 20-35 (concerning special education). 30 (17) (18) IC 20-39 (accounting and financial reporting 31 procedures). 32 (18) (19) IC 20-40 (government funds and accounts). 33 (19) (20) IC 20-41 (extracurricular funds and accounts). 34 (20) (21) IC 20-42 (fiduciary funds and accounts). 35 (21) (22) IC 20-42.5 (allocation of expenditures to student 36 instruction and learning). 37 (22) (23) IC 20-43 (state tuition support). 38 (23) (24) IC 20-44 (property tax levies). 39 (24) (25) IC 20-46 (levies other than general fund levies). 40 (25) (26) IC 20-47 (related entities; holding companies; lease 41 agreements). 42 (26) (27) IC 20-48 (borrowing and bonds). 2023 IN 1447—LS 7188/DI 110 3 1 (27) (28) IC 20-49 (state management of common school funds; 2 state advances and loans). 3 (28) (29) IC 20-50 (concerning homeless children and foster care 4 children). 5 (29) (30) IC 22-2-18, before its expiration on June 30, 2021 6 (limitation on employment of minors). 7 (d) The Muncie Community school corporation is subject to 8 required audits by the state board of accounts under IC 5-11-1-9. 9 (e) Except to the extent required under a collective bargaining 10 agreement entered into before July 1, 2018, the Muncie Community 11 school corporation is not subject to IC 20-29 unless the school 12 corporation voluntarily recognizes an exclusive representative under 13 IC 20-29-5-2. If the school corporation voluntarily recognizes an 14 exclusive representative under IC 20-29-5-2, the school corporation 15 may authorize a school within the corporation to opt out of bargaining 16 allowable subjects or discussing discussion items by specifying the 17 excluded items on the notice required under IC 20-29-5-2(b). The 18 notice must be provided to the education employment relations board 19 at the time the notice is posted. 20 SECTION 2. IC 20-26-21 IS ADDED TO THE INDIANA CODE 21 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 22 JULY 1, 2023]: 23 Chapter 21. Personal Analyses, Evaluations, or Surveys by 24 Third Party Vendors 25 Sec. 1. As used in this chapter, "qualified school" means the 26 following: 27 (1) A school maintained by a school corporation. 28 (2) A charter school. 29 (3) A laboratory school established under IC 20-24.5-2. 30 (4) The Indiana School for the Blind and Visually Impaired 31 established by IC 20-21-2-1. 32 (5) The Indiana School for the Deaf established by 33 IC 20-22-2-1. 34 Sec. 2. This chapter does not apply to the following: 35 (1) An academic test or academic assessment, scoring keys, or 36 other tools directly related to measuring a student's academic 37 performance in understanding a particular curricular subject 38 matter, as prescribed by the department. 39 (2) A career aptitude or career interest survey. 40 Sec. 3. If a school corporation or qualified school uses a third 41 party vendor in providing a personal analysis, evaluation, or 42 survey that reveals, identifies, collects, maintains, or attempts to 2023 IN 1447—LS 7188/DI 110 4 1 affect a student's attitudes, habits, traits, opinions, beliefs, or 2 feelings, the third party vendor and the school corporation or 3 qualified school may not record, collect, or maintain the responses 4 to or results of the analysis, evaluation, or survey in a manner that 5 would identify the responses or results of an individual student. 6 Sec. 4. (a) This section does not apply to a personal analysis, 7 evaluation, or survey for which consent is required under 8 IC 20-30-5-17(b). 9 (b) Before a school corporation or qualified school may 10 administer a personal analysis, evaluation, or survey described in 11 section 3 of this chapter, the school corporation or qualified school 12 must provide the parent of the student or the student, if the student 13 is an adult or an emancipated minor, with a written request for 14 consent for administration. A consent form provided to a parent of 15 a student or a student under this subsection must accurately 16 summarize the contents and nature of the personal analysis, 17 evaluation, or survey that will be provided to the student and 18 indicate that a parent of a student or an adult or emancipated 19 minor student has the right to review and inspect all materials 20 related to the personal analysis, evaluation, or survey. The written 21 consent form may be sent in an electronic format. The parent of 22 the student or the student, if the student is an adult or an 23 emancipated minor, may return the consent form indicating that 24 the parent of the student or the adult or emancipated student: 25 (1) consents to the personal analysis, evaluation, or survey; or 26 (2) declines the personal analysis, evaluation, or survey. 27 If a student does not participate in the personal analysis, 28 evaluation, or survey, the school corporation or qualified school 29 shall provide the student with alternative academic instruction 30 during the same time frame that the personal analysis, evaluation, 31 or survey is administered. 32 (c) If the parent of the student or the student, if the student is an 33 adult or an emancipated minor, does not respond to the written 34 request provided by the school corporation or qualified school 35 under subsection (b) within twenty-one (21) calendar days after 36 receiving the request under subsection (b), the school corporation 37 or qualified school shall provide the parent of the student or the 38 student, if the student is an adult or an emancipated minor, a 39 written notice requesting that the parent of the student, or the 40 student, if the student is an adult or an emancipated minor, 41 indicate, in a manner prescribed by the school corporation or 42 qualified school, whether the parent of the student or the adult or 2023 IN 1447—LS 7188/DI 110 5 1 emancipated student: 2 (1) consents to the personal analysis, evaluation, or survey; or 3 (2) declines the personal analysis, evaluation, or survey. 4 A notice provided to a parent of a student or a student under this 5 subsection must accurately summarize the contents and nature of 6 the personal analysis, evaluation, or survey that will be provided 7 to the student and indicate that a parent of a student or an adult or 8 emancipated minor student has the right to review and inspect all 9 materials related to the personal analysis, evaluation, or survey. 10 The notice may be sent in an electronic format. If the school 11 corporation or qualified school does not receive a response within 12 ten (10) days after the notice, the student will receive the personal 13 analysis, evaluation, or survey unless the parent or the adult or 14 emancipated student subsequently opts out of the personal 15 analysis, evaluation, or survey for the student. 16 (d) Each school corporation or qualified school shall: 17 (1) post a copy of a personal analysis, evaluation, or survey 18 described in subsection (b) on the school corporation's or 19 qualified school's website; and 20 (2) send with each notice an explanation of the reasons that 21 the school corporation or qualified school is administering the 22 personal analysis, evaluation, or survey. 23 (e) The department and the governing body shall give parents 24 and students notice of the parents' and students' rights under this 25 section. 26 Sec. 5. A parent of a student or a student, if the student is an 27 adult or emancipated minor, who is enrolled in a qualified school 28 may submit a complaint for a violation of this chapter under the 29 grievance procedure maintained by the qualified school in 30 accordance with section 6 of this chapter. 31 Sec. 6. Each qualified school shall establish and maintain a 32 grievance procedure for the resolution of a complaint submitted by 33 a parent of a student or student, if the student is an adult or 34 emancipated minor, under section 5 of this chapter. 35 Sec. 7. The department shall: 36 (1) develop guidance materials for school corporations and 37 qualified schools to assist school corporations and qualified 38 schools in implementing this chapter; and 39 (2) post the guidance materials on the department's website. 40 Sec. 8. Nothing in this section prohibits qualified schools from 41 administering state or federally required assessments. 42 SECTION 3. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE 2023 IN 1447—LS 7188/DI 110 6 1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 2 JULY 1, 2023]: 3 Chapter 1.5. Neutrality Regarding Certain Activities 4 Sec. 1. As used in this chapter, "qualified school" has the 5 meaning set forth in IC 20-26-21-1. 6 Sec. 2. As used in this chapter, "state agency" has the meaning 7 set forth in IC 4-13-1.4-2. 8 Sec. 3. If a state agency, school corporation, or qualified school 9 or an employee of a state agency, school corporation, or qualified 10 school requires, makes part of a course, awards a grade or course 11 credit, including extra credit, or otherwise incentivizes a student to 12 engage in either: 13 (1) political activism, lobbying, or efforts to persuade 14 members of the legislative or executive branch at the federal, 15 state, or local level; or 16 (2) participation in any internship, practicum, or similar 17 activity involving social or public policy advocacy; 18 the state agency, school corporation, or qualified school or the 19 employee of the state agency, school corporation, or qualified 20 school shall not require the student to adopt, affirm, affiliate, or 21 take any action that would result in favoring any particular 22 position on the issue or issues involved. 2023 IN 1447—LS 7188/DI 110

First Regular Session of the 123rd General Assembly (2023) 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 2022 Regular Session of the General Assembly. HOUSE ENROLLED ACT No. 1447 AN ACT to amend the Indiana Code concerning education. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 20-23-18-3, AS AMENDED BY P.L.125-2022, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 3. (a) Except as provided in subsection (c), the Muncie Community school corporation is subject to all applicable federal and state laws. (b) If a provision of this chapter conflicts with any other law, including IC 20-23-4, the provision in this chapter controls. (c) Notwithstanding subsection (a), to provide all administrative and academic flexibility to implement innovative strategies, the Muncie Community school corporation is subject only to the following IC 20 and IC 22 provisions: (1) IC 20-26-5-10 (criminal history). (2) IC 20-26-21 (personal analyses, evaluations, or surveys by third party vendors). (2) (3) IC 20-28-5-8 (conviction of certain felonies or misdemeanors; notice and hearing; permanent revocation of license; data base of school employees who have been reported). (3) (4) IC 20-28-10-17 (school counselor immunity). (4) (5) IC 20-29 (collective bargaining) to the extent required by HEA 1447 — CC 1 2 subsection (e). (5) (6) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative observances). (6) (7) The following: (A) IC 20-30-5-0.5 (display of the United States flag; Pledge of Allegiance). (B) IC 20-30-5-1, IC 20-30-5-2, and IC 20-30-5-3 (the constitutions of Indiana and the United States; writings, documents, and records of American history or heritage). (C) IC 20-30-5-4 (system of government; American history). (D) IC 20-30-5-5 (morals instruction). (E) IC 20-30-5-6 (good citizenship instruction). (7) (8) IC 20-32-4, concerning graduation requirements. (8) (9) IC 20-32-5.1, concerning the Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program. (9) (10) IC 20-32-8.5 (IRead3). (10) (11) IC 20-33-2 (compulsory school attendance). (11) (12) IC 20-33-8-16 (firearms, and deadly weapons, or destructive devices). (12) (13) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student due process and judicial review). (13) (14) IC 20-33-7 (parental access to education records). (14) (15) IC 20-33-9 (reporting of student violations of law). (15) (16) IC 20-34-3 (health and safety measures). (16) (17) IC 20-35 (concerning special education). (17) (18) IC 20-39 (accounting and financial reporting procedures). (18) (19) IC 20-40 (government funds and accounts). (19) (20) IC 20-41 (extracurricular funds and accounts). (20) (21) IC 20-42 (fiduciary funds and accounts). (21) (22) IC 20-42.5 (allocation of expenditures to student instruction and learning). (22) (23) IC 20-43 (state tuition support). (23) (24) IC 20-44 (property tax levies). (24) (25) IC 20-46 (levies other than general fund levies). (25) (26) IC 20-47 (related entities; holding companies; lease agreements). (26) (27) IC 20-48 (borrowing and bonds). (27) (28) IC 20-49 (state management of common school funds; state advances and loans). (28) (29) IC 20-50 (concerning homeless children and foster care children). HEA 1447 — CC 1 3 (29) (30) IC 22-2-18, before its expiration on June 30, 2021 (limitation on employment of minors). (d) The Muncie Community school corporation is subject to required audits by the state board of accounts under IC 5-11-1-9. (e) Except to the extent required under a collective bargaining agreement entered into before July 1, 2018, the Muncie Community school corporation is not subject to IC 20-29 unless the school corporation voluntarily recognizes an exclusive representative under IC 20-29-5-2. If the school corporation voluntarily recognizes an exclusive representative under IC 20-29-5-2, the school corporation may authorize a school within the corporation to opt out of bargaining allowable subjects or discussing discussion items by specifying the excluded items on the notice required under IC 20-29-5-2(b). The notice must be provided to the education employment relations board at the time the notice is posted. SECTION 2. IC 20-26-5.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Chapter 5.5. School Library Sec. 1. (a) The governing body of a school corporation or charter school shall establish a: (1) procedure for each school to prepare a catalogue of materials available in the school library; (2) procedure for each school to allow a: (A) parent or guardian of a student enrolled in the school; or (B) community member: (i) within the school district; or (ii) within the school district in which the charter school is located; to submit a request to remove material from the school library that is obscene (as described in IC 35-49-2-1) or harmful to minors (as described in IC 35-49-2-2); and (3) response and appeal procedure for each school to respond to a removal request submitted by a parent, guardian, or community member described in subdivision (2). (b) The response and appeal procedure established under subsection (a)(3) must require the governing body to review the request at the next public meeting. Sec. 2. The governing body of a school corporation or charter school shall: (1) publish on the website of each school; and HEA 1447 — CC 1 4 (2) make available in hard copy for an individual upon request; the catalogue of material available in the school library and each policy established under this chapter. Sec. 3. A school corporation or charter school may not make available materials that contain: (1) obscene matter (as described in IC 35-49-2-1); or (2) matter harmful to minors (as described in IC 35-49-2-2); within the school library. SECTION 3. IC 20-26-21 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Chapter 21. Personal Analyses, Evaluations, or Surveys by Third Party Vendors Sec. 1. As used in this chapter, "qualified school" means the following: (1) A school maintained by a school corporation. (2) A charter school. (3) A laboratory school established under IC 20-24.5-2. (4) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1. (5) The Indiana School for the Deaf established by IC 20-22-2-1. Sec. 2. This chapter does not apply to the following: (1) An academic test or academic assessment, scoring keys, or other tools directly related to measuring a student's academic performance in understanding a particular curricular subject matter, as prescribed by the department. (2) A career aptitude or career interest survey. (3) An assessment or screening instrument administered by a third party employed: (A) psychologist licensed under IC 25-33; or (B) social worker, clinical social worker, marriage and family therapist, or mental health counselor licensed under IC 25-23.6; if the third party provider described in clause (A) or (B) is referred by school personnel in a crisis situation in which the school personnel and the third party provider reasonably believe that the student is in immediate danger of self harm, harming another person, or experiencing harm resulting from abuse or neglect. (4) An assessment, screening instrument, or evaluation survey HEA 1447 — CC 1 5 administered by a third party employed: (A) psychologist licensed under IC 25-33; or (B) social worker, clinical social worker, marriage and family therapist, or mental health counselor licensed under IC 25-23.6; who has received a consent for services from a student, if the student is an adult or emancipated minor, or parent of a student, if the student is an unemancipated minor. (5) A survey or evaluation administered to a student of a school by a third party vendor that gauges or attempts to gauge student satisfaction with or participation in the school's programming, technology platform, or approved curriculum. Sec. 3. If a school corporation or qualified school uses a third party vendor in providing a personal analysis, evaluation, or survey that reveals, identifies, collects, maintains, or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third party vendor and the school corporation or qualified school may not record, collect, or maintain the responses to or results of the analysis, evaluation, or survey in a manner that would identify the responses or results of an individual student. 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). (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, HEA 1447 — CC 1 6 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 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. Sec. 5. A parent of a student or a student, if the student is an adult or emancipated minor, who is enrolled in a qualified school HEA 1447 — CC 1 7 may submit a complaint for a violation of this chapter under the grievance procedure maintained by the qualified school in accordance with section 6 of this chapter. Sec. 6. Each qualified school shall establish and maintain a grievance procedure for the resolution of a complaint submitted by a parent of a student or student, if the student is an adult or emancipated minor, under section 5 of this chapter. Sec. 7. The department shall: (1) develop guidance materials for school corporations and qualified schools to assist school corporations and qualified schools in implementing this chapter; and (2) post the guidance materials on the department's website. Sec. 8. Nothing in this section prohibits qualified schools from administering state or federally required assessments. Sec. 9. After June 30, 2023, if a school corporation or a qualified school contracts with a third party vendor to provide a personal analysis, survey, or evaluation described in section 3 of this chapter, the contract must include a provision stating that if the third party vendor does not comply with the requirements described in section 3 of this chapter, the third party vendor has committed a breach of contract. SECTION 4. IC 20-33-1.5 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2023]: Chapter 1.5. Neutrality Regarding Certain Activities Sec. 1. As used in this chapter, "qualified school" has the meaning set forth in IC 20-26-21-1. Sec. 2. As used in this chapter, "state agency" has the meaning set forth in IC 4-13-1.4-2. Sec. 3. If a state agency, school corporation, or qualified school or an employee of a state agency, school corporation, or qualified school requires, makes part of a course, awards a grade or course credit, including extra credit, or otherwise incentivizes a student to engage in: (1) political activism; (2) lobbying; or (3) efforts to persuade members of the legislative or executive branch at the federal, state, or local level; the state agency, school corporation, or qualified school or the employee of the state agency, school corporation, or qualified school shall not require the student to adopt, affirm, affiliate, or take any action that would result in favoring any particular HEA 1447 — CC 1 8 position on the issue or issues involved without offering an alternative option for the student to complete the assignment or receive extra credit or other incentivization that allows for the favoring of an alternative position. SECTION 5. IC 35-49-3-3, AS AMENDED BY P.L.158-2013, SECTION 648, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2024]: Sec. 3. (a) Except as provided in subsection (b) and section 4 of this chapter, a person who knowingly or intentionally: (1) disseminates matter to minors that is harmful to minors (as described in IC 35-49-2); (2) displays matter that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian; (3) sells, rents, or displays for sale or rent to any person matter that is harmful to minors within five hundred (500) feet of the nearest property line of a school or church; (4) engages in or conducts a performance before minors that is harmful to minors; (5) engages in or conducts a performance that is harmful to minors in an area to which minors have visual, auditory, or physical access, unless each minor is accompanied by the minor's parent or guardian; (6) misrepresents the minor's age for the purpose of obtaining admission to an area from which minors are restricted because of the display of matter or a performance that is harmful to minors; or (7) misrepresents that the person is a parent or guardian of a minor for the purpose of obtaining admission of the minor to an area where minors are being restricted because of display of matter or performance that is harmful to minors; commits a Level 6 felony. (b) This section does not apply if a person disseminates, displays, or makes available the matter described in subsection (a) through the Internet, computer electronic transfer, or a computer network unless: (1) the matter is obscene under IC 35-49-2-1; (2) the matter is child pornography under IC 35-42-4-4; or (3) the person distributes the matter to a child less than eighteen (18) years of age believing or intending that the recipient is a child less than eighteen (18) years of age. SECTION 6. IC 35-49-3-4, AS AMENDED BY P.L.266-2019, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE HEA 1447 — CC 1 9 JANUARY 1, 2024]: Sec. 4. (a) It is a defense to a prosecution under section 3 of this chapter for the defendant to show: (1) that the matter was disseminated or that the performance was performed for legitimate scientific or educational purposes; (2) that the matter was disseminated or displayed to or that the performance was performed before the recipient by a bona fide school, college, university, museum, college library, or public library that qualifies for certain property tax exemptions under IC 6-1.1-10, or university library, or by an employee of such a school, college, university, museum, college library, or public library, or university library acting within the scope of the employee's employment; (3) that the defendant had reasonable cause to believe that the minor involved was eighteen (18) years of age or older and that the minor exhibited to the defendant a draft card, driver's license, birth certificate, or other official or apparently official document purporting to establish that the minor was eighteen (18) years of age or older; or (4) that the defendant was a salesclerk, motion picture projectionist, usher, or ticket taker, acting within the scope of the defendant's employment and that the defendant had no financial interest in the place where the defendant was so employed. (b) Except as provided in subsection (c), it is a defense to a prosecution under section 3 of this chapter if all the following apply: (1) A cellular telephone, another wireless or cellular communications device, or a social networking web site was used to disseminate matter to a minor that is harmful to minors. (2) The defendant is not more than four (4) years older or younger than the person who received the matter that is harmful to minors. (3) The relationship between the defendant and the person who received the matter that is harmful to minors was a dating relationship or an ongoing personal relationship. For purposes of this subdivision, the term "ongoing personal relationship" does not include a family relationship. (4) The crime was committed by a person less than twenty-two (22) years of age. (5) The person receiving the matter expressly or implicitly acquiesced in the defendant's conduct. (c) The defense to a prosecution described in subsection (b) does not apply if: (1) the image is disseminated to a person other than the person: (A) who sent the image; or HEA 1447 — CC 1 10 (B) who is depicted in the image; or (2) the dissemination of the image violates: (A) a protective order to prevent domestic or family violence or harassment issued under IC 34-26-5 (or, if the order involved a family or household member, under IC 34-26-2 or IC 34-4-5.1-5 before their repeal); (B) an ex parte protective order issued under IC 34-26-5 (or, if the order involved a family or household member, an emergency order issued under IC 34-26-2 or IC 34-4-5.1 before their repeal); (C) a workplace violence restraining order issued under IC 34-26-6; (D) a no contact order in a dispositional decree issued under IC 31-34-20-1, IC 31-37-19-1, or IC 31-37-5-6 (or IC 31-6-4-15.4 or IC 31-6-4-15.9 before their repeal) or an order issued under IC 31-32-13 (or IC 31-6-7-14 before its repeal) that orders the person to refrain from direct or indirect contact with a child in need of services or a delinquent child; (E) a no contact order issued as a condition of pretrial release, including release on bail or personal recognizance, or pretrial diversion, and including a no contact order issued under IC 35-33-8-3.6; (F) a no contact order issued as a condition of probation; (G) a protective order to prevent domestic or family violence issued under IC 31-15-5 (or IC 31-16-5 or IC 31-1-11.5-8.2 before their repeal); (H) a protective order to prevent domestic or family violence issued under IC 31-14-16-1 in a paternity action; (I) a no contact order issued under IC 31-34-25 in a child in need of services proceeding or under IC 31-37-25 in a juvenile delinquency proceeding; (J) an order issued in another state that is substantially similar to an order described in clauses (A) through (I); (K) an order that is substantially similar to an order described in clauses (A) through (I) and is issued by an Indian: (i) tribe; (ii) band; (iii) pueblo; (iv) nation; or (v) organized group or community, including an Alaska Native village or regional or village corporation as defined in or established under the Alaska Native Claims Settlement HEA 1447 — CC 1 11 Act (43 U.S.C. 1601 et seq.); that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians; (L) an order issued under IC 35-33-8-3.2; or (M) an order issued under IC 35-38-1-30. HEA 1447 — CC 1 Speaker of the House of Representatives President of the Senate President Pro Tempore Governor of the State of Indiana Date: Time: HEA 1447 — CC 1