Text of IN SB 344 (2019)

Introduced Version SENATE BILL No. 344 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-51. Synopsis: Choice scholarships. Provides that a choice scholarship school (eligible school) may not discriminate against a staff member based on disability, race, color, gender, gender identity or expression, sexual orientation, national origin, religion, or ancestry. Provides that if the department of education (department) determines that the eligible school discriminates against a staff member of the school, the department shall send a notice to the eligible school indicating that the eligible school will not be considered an eligible school beginning in the school year immediately following the current school year. Provides that the eligible school has 30 days from the date of the notice to demonstrate to the department that the eligible school does not discriminate against staff members. Provides that an eligible school that does not comply within that time will not be considered an eligible school beginning in the school year immediately following the current school year. Provides that an eligible school may not discriminate against a student on the basis of sexual orientation or gender identity or expression. Effective: Upon passage. Ford J.D. January 8, 2019, read first time and referred to Committee on Education and Career Development. 2019 IN 344—LS 6445/DI 116 Introduced First Regular Session of the 121st General Assembly (2019) 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 2018 Regular and Special Session of the General Assembly. SENATE BILL No. 344 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 20-51-1-4.7, AS AMENDED BY P.L.242-2017, 2 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 UPON PASSAGE]: Sec. 4.7. "Eligible school" refers to a public or 4 nonpublic elementary school or high school that: 5 (1) is located in Indiana; 6 (2) requires an eligible choice scholarship student to pay tuition 7 or transfer tuition to attend; 8 (3) voluntarily agrees to enroll an eligible choice scholarship 9 student; 10 (4) is accredited by either the state board or a national or regional 11 accreditation agency that is recognized by the state board; 12 (5) administers the statewide assessment program; 13 (6) is not a charter school or the school corporation in which an 14 eligible choice scholarship student has legal settlement under 15 IC 20-26-11; and 16 (7) submits to the department only the student performance data 17 required for a category designation under IC 20-31-8-3; and 2019 IN 344—LS 6445/DI 116 2 1 (8) complies with IC 20-51-4-1(h). 2 SECTION 2. IC 20-51-4-1, AS AMENDED BY P.L.106-2016, 3 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 UPON PASSAGE]: Sec. 1. (a) Except as provided under subsections 5 (b) through (h), (i), it is the intent of the general assembly to honor the 6 autonomy of nonpublic schools that choose to become eligible schools 7 under this chapter. A nonpublic eligible school is not an agent of the 8 state or federal government, and therefore: 9 (1) the department or any other state agency may not in any way 10 regulate the educational program of a nonpublic eligible school 11 that accepts a choice scholarship under this chapter, including the 12 regulation of curriculum content, religious instruction or 13 activities, classroom teaching, teacher and staff hiring 14 requirements (except as provided in subsection (h)), and other 15 activities carried out by the eligible school; 16 (2) the creation of the choice scholarship program does not 17 expand the regulatory authority of the state, the state's officers, or 18 a school corporation to impose additional regulation of nonpublic 19 schools beyond those necessary to enforce the requirements of the 20 choice scholarship program in place on July 1, 2011; and 21 (3) a nonpublic eligible school shall be given the freedom to 22 provide for the educational needs of students without 23 governmental control. 24 (b) This section applies to the following writings, documents, and 25 records: 26 (1) The Constitution of the United States. 27 (2) The national motto. 28 (3) The national anthem. 29 (4) The Pledge of Allegiance. 30 (5) The Constitution of the State of Indiana. 31 (6) The Declaration of Independence. 32 (7) The Mayflower Compact. 33 (8) The Federalist Papers. 34 (9) "Common Sense" by Thomas Paine. 35 (10) The writings, speeches, documents, and proclamations of the 36 founding fathers and presidents of the United States. 37 (11) United States Supreme Court decisions. 38 (12) Executive orders of the presidents of the United States. 39 (13) Frederick Douglass's speech at Rochester, New York, on July 40 5, 1852, entitled "What to the Slave is the Fourth of July?". 41 (14) "Appeal" by David Walker. 42 (15) Chief Seattle's letter to the United States government in 1852 2019 IN 344—LS 6445/DI 116 3 1 in response to the United States government's inquiry regarding 2 the purchase of tribal lands. 3 (c) An eligible school may allow a principal or teacher in the 4 eligible school to read or post in the school building or classroom or at 5 a school event any excerpt or part of a writing, document, or record 6 listed in subsection (b). 7 (d) An eligible school may not permit the content based censorship 8 of American history or heritage based on religious references in a 9 writing, document, or record listed in subsection (b). 10 (e) A library, a media center, or an equivalent facility that an 11 eligible school maintains for student use must contain in the facility's 12 permanent collection at least one (1) copy of each writing or document 13 listed in subsection (b)(1) through (b)(9). 14 (f) An eligible school shall do the following: 15 (1) Allow a student to include a reference to a writing, document, 16 or record listed in subsection (b) in a report or other work product. 17 (2) May not punish the student in any way, including a reduction 18 in grade, for using the reference. 19 (3) Display the United States flag in each classroom. 20 (4) Provide a daily opportunity for students to voluntarily recite 21 the Pledge of Allegiance in each classroom or on school grounds. 22 A student is exempt from participation in the Pledge of 23 Allegiance and may not be required to participate in the Pledge of 24 Allegiance if: 25 (A) the student chooses to not participate; or 26 (B) the student's parent chooses to have the student not 27 participate. 28 (5) Provide instruction on the constitutions of: 29 (A) Indiana; and 30 (B) the United States. 31 (6) For an eligible school that enrolls students in grades 6 through 32 12, provide within the two (2) weeks preceding a general election 33 five (5) full recitation periods of class discussion concerning: 34 (A) the system of government in Indiana and in the United 35 States; 36 (B) methods of voting; 37 (C) party structures; 38 (D) election laws; and 39 (E) the responsibilities of citizen participation in government 40 and in elections. 41 (7) Require that each teacher employed by the eligible school 42 present instruction with special emphasis on: 2019 IN 344—LS 6445/DI 116 4 1 (A) honesty; 2 (B) morality; 3 (C) courtesy; 4 (D) obedience to law; 5 (E) respect for the national flag and the Constitution of the 6 State of Indiana and the Constitution of the United States; 7 (F) respect for parents and the home; 8 (G) the dignity and necessity of honest labor; and 9 (H) other lessons of a steadying influence that tend to promote 10 and develop an upright and desirable citizenry. 11 (8) Provide good citizenship instruction that stresses the nature 12 and importance of the following: 13 (A) Being honest and truthful. 14 (B) Respecting authority. 15 (C) Respecting the property of others. 16 (D) Always doing the student's personal best. 17 (E) Not stealing. 18 (F) Possessing the skills (including methods of conflict 19 resolution) necessary to live peaceably in society and not 20 resorting to violence to settle disputes. 21 (G) Taking personal responsibility for obligations to family 22 and community. 23 (H) Taking personal responsibility for earning a livelihood. 24 (I) Treating others the way the student would want to be 25 treated. 26 (J) Respecting the national flag, the Constitution of the United 27 States, and the Constitution of the State of Indiana. 28 (K) Respecting the student's parents and home. 29 (L) Respecting the student's self. 30 (M) Respecting the rights of others to have their own views 31 and religious beliefs. 32 (9) Provide instruction in the following studies: 33 (A) Language arts, including: 34 (i) English; 35 (ii) grammar; 36 (iii) composition; 37 (iv) speech; and 38 (v) second languages. 39 (B) Mathematics. 40 (C) Social studies and citizenship, including the: 41 (i) constitutions; 42 (ii) governmental systems; and 2019 IN 344—LS 6445/DI 116 5 1 (iii) histories; 2 of Indiana and the United States, including a study of the 3 Holocaust and the role religious extremism played in the 4 events of September 11, 2001, in each high school United 5 States history course. 6 (D) Sciences. 7 (E) Fine arts, including music and art. 8 (F) Health education, physical fitness, safety, and the effects 9 of alcohol, tobacco, drugs, and other substances on the human 10 body. 11 (g) An eligible school shall not teach the violent overthrow of the 12 government of the United States. 13 (h) An eligible school may not discriminate against a member of 14 the eligible school's staff on the basis of any of the following: 15 (1) Disability. 16 (2) Race. 17 (3) Color. 18 (4) Gender. 19 (5) Gender identity or expression. 20 (6) Sexual orientation. 21 (7) National origin. 22 (8) Religion. 23 (9) Ancestry. 24 (h) (i) Nothing in this section shall be construed to limit the 25 requirements of IC 20-30-5. 26 SECTION 3. IC 20-51-4-3, AS AMENDED BY P.L.106-2016, 27 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 28 UPON PASSAGE]: Sec. 3. (a) An eligible school may not discriminate 29 on the basis of race, color, sexual orientation, gender identity or 30 expression, or national origin. 31 (b) An eligible school shall abide by the school's written admission 32 policy fairly and without discrimination with regard to students who: 33 (1) apply for; or 34 (2) are awarded; 35 scholarships under this chapter. 36 (c) If the number of applicants for enrollment in an eligible school 37 under a choice scholarship exceeds the number of choice scholarships 38 available to the eligible school, the eligible school must draw at 39 random in a public meeting the applications of applicants who are 40 entitled to a choice scholarship from among the applicants who meet 41 the requirements for admission to the eligible school. 42 (d) The department shall make random visits to at least five percent 2019 IN 344—LS 6445/DI 116 6 1 (5%) of eligible schools during a particular school year to verify that 2 the eligible school complies with the provisions of this chapter and the 3 Constitutions of the State of Indiana and the United States. 4 (e) Each eligible school shall grant the department reasonable 5 access to its premises, including access to the school's grounds, 6 buildings, and property. 7 (f) Each year the principal of each eligible school shall certify under 8 penalties of perjury to the department that the eligible school is 9 complying with the requirements of this chapter. The department shall 10 develop a process for eligible schools to follow to make certifications. 11 (g) Each eligible school shall annually submit to the department, 12 in a manner prescribed by the department, copies of teacher 13 contracts or other documentation prescribed by the department to 14 demonstrate that the eligible school's employment practices 15 comply with section 1(h) of this chapter. 16 SECTION 4. IC 20-51-4-3.5 IS ADDED TO THE INDIANA CODE 17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 18 UPON PASSAGE]: Sec. 3.5. (a) If the department: 19 (1) after reviewing documentation submitted under section 20 3(g) of this chapter determines that an eligible school does not 21 comply with section 1(h) of this chapter; 22 (2) receives copies of findings from a court that an eligible 23 school does not comply with section 1(h) of this chapter; or 24 (3) otherwise determines that an eligible school does not 25 comply with section 1(h) of this chapter; 26 the department shall send a notice to the eligible school indicating 27 that the eligible school will not be considered an eligible school 28 under IC 20-51-1-4.7, beginning in the school year immediately 29 following the current school year if the eligible school, within thirty 30 (30) days of the date of the notice, does not demonstrate, in a 31 manner prescribed by the department, that the eligible school 32 complies with section 1(h) of this chapter. 33 (b) If an eligible school that receives a notice does not comply 34 with section 1(h) of this chapter in the manner described in 35 subsection (a), the school will not be considered an eligible school 36 beginning in the school year immediately following the current 37 school year. The department may not award a choice scholarship 38 under this chapter to students enrolled in the school beginning in 39 the school year immediately following the current school year until 40 the department subsequently approves the school's application 41 under subsection (d). 42 (c) An eligible school described in subsection (b) must notify 2019 IN 344—LS 6445/DI 116 7 1 parents of students currently enrolled in the school that students 2 enrolled in the school beginning in the school year immediately 3 following the current school year will not be eligible to receive a 4 choice scholarship under this chapter if the student is enrolled in 5 the school. 6 (d) A school described in subsection (b) may submit an 7 application to the department to become an eligible school not 8 earlier than one (1) year from the date the school is no longer 9 considered an eligible school under this section. The school must 10 submit documentation prescribed by the department to 11 demonstrate that the school is compliant with section 1(h) of this 12 chapter. 13 SECTION 5. An emergency is declared for this act. 2019 IN 344—LS 6445/DI 116