Text of IN SB 386 (2023)

Introduced Version SENATE BILL No. 386 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-33-1.5. Synopsis: Dignity and nondiscrimination in education. Provides that a school corporation or qualified school shall not promote certain concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees to use supplemental learning materials to promote certain concepts regarding age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin. Requires a request to meet with a teacher for certain complaints. Requires each school corporation or qualified school to establish grievance procedures for certain complaints. Provides that, if a parent of a student or a student, if the student is an adult or an emancipated minor, is not satisfied with a final decision, the parent or student may submit a request to the secretary of education (secretary) to review the complaint and decision. Provides that the secretary's decision is a final order and is appealable. Requires the department of education to create guidance materials and professional development materials for use by school corporations, qualified schools, and teachers. Effective: July 1, 2023. Raatz January 19, 2023, read first time and referred to Committee on Education and Career Development. 2023 IN 386—LS 7282/DI 143 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. SENATE BILL No. 386 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 20-33-1.5 IS ADDED TO THE INDIANA CODE 2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2023]: 4 Chapter 1.5. Dignity and Nondiscrimination in Education 5 Sec. 1. As used in this chapter, "qualified school" means the 6 following: 7 (1) A school maintained by a school corporation. 8 (2) A charter school. 9 (3) A laboratory school established under IC 20-24.5-2. 10 (4) The Indiana School for the Blind and Visually Impaired 11 established by IC 20-21-2-1. 12 (5) The Indiana School for the Deaf established by 13 IC 20-22-2-1. 14 Sec. 2. As used in this chapter, "state agency" has the meaning 15 set forth in IC 4-13-1.4-2. 16 Sec. 3. (a) In accordance with IC 20-33-1-1, a school corporation 17 or qualified school shall not compel or promote, as part of a course 2023 IN 386—LS 7282/DI 143 2 1 of instruction or in a curriculum or instructional program, a 2 person to adopt, affirm, adhere to, or profess an idea that: 3 (1) a person or group of people of one (1) age, sex, gender 4 identity, sexual orientation, race, creed, color, marital status, 5 familial status, mental or physical disability, religion, or 6 national origin are inherently superior or inferior to a person 7 or group of people of another age, sex, gender identity, sexual 8 orientation, race, creed, color, marital status, familial status, 9 mental or physical disability, religion, or national origin; 10 (2) a person or group of people should be discriminated 11 against or receive adverse treatment solely or partly because 12 of the age, sex, gender identity, sexual orientation, race, creed, 13 color, marital status, familial status, mental or physical 14 disability, religion, or national origin of the person or group 15 of people; or 16 (3) a person or group of people of one (1) age, sex, gender 17 identity, sexual orientation, race, creed, color, marital status, 18 familial status, mental or physical disability, religion, or 19 national origin cannot and should not attempt to treat another 20 person or group of people equally and without regard to age, 21 sex, gender identity, sexual orientation, race, creed, color, 22 marital status, familial status, mental or physical disability, 23 religion, or national origin. 24 (b) A school corporation or qualified school shall not allow 25 teachers or other employees of the school corporation or qualified 26 school to use supplemental materials in a course of instruction or 27 in a curriculum or instructional program to compel or promote the 28 concepts listed in subsection (a). 29 (c) After July 1, 2023, any contract or agreement entered into 30 by a school corporation or qualified school must include the 31 following statement: "During the performance of this contract, the 32 contractor or its agent may not engage in workplace training of a 33 school employee that violates IC 20-33-1.5-3.". 34 Sec. 4. A school corporation or qualified school may not do the 35 following: 36 (1) Provide, contract to provide, offer, or sponsor any course 37 that promotes practices prohibited under this chapter. This 38 subdivision includes programs, curricular materials, 39 instructional materials, curriculum, classroom assignments, 40 orientation, interventions, or counseling offered by a state 41 agency. 42 (2) Use money, property, assets, or resources for a purpose 2023 IN 386—LS 7282/DI 143 3 1 that promotes practices prohibited under this chapter. 2 (3) Adopt programs or use curricular material, instructional 3 material, curriculum, classroom assignments, orientation, 4 interventions, or counseling that promote practices prohibited 5 under this chapter. This subdivision includes curricular 6 materials, instructional materials, curriculum, classroom 7 assignments, orientations, interventions, or counseling offered 8 by a state agency. 9 (4) Execute a contract or agreement with an internal or 10 external entity or person to provide services, training, 11 professional development, or any other assistance that 12 promotes practices prohibited under this chapter. This 13 subdivision includes contracts to provide services, training, 14 professional development, or any other assistance with a state 15 agency. 16 (5) Receive or apply to receive money that requires, as a 17 condition of receipt of the money, the adoption of a course, 18 policy, curriculum, or any other instructional material that 19 promotes practices prohibited under this chapter. This 20 subdivision includes money received from a state agency. 21 Sec. 5. Nothing in this chapter shall be construed to exclude the 22 teaching or discussion of: 23 (1) the ideas and history of the concepts described in section 24 3 of this chapter; 25 (2) ideas or public policy issues that an individual may find 26 unwelcome, disagreeable, or offensive; or 27 (3) the curriculum required under IC 20-30-5-7. 28 Sec. 6. (a) If a parent of a student or a student, if the student is 29 an adult or emancipated minor, of a school corporation or 30 qualified school has a complaint regarding: 31 (1) the use or proposed use of specific learning material in the 32 classroom; or 33 (2) an alleged violation of this chapter; 34 by a teacher, the parent or student, if the student is an adult or 35 emancipated minor, shall request a meeting with the teacher to 36 discuss the complaint. 37 (b) If a parent or student described in subsection (a) is not 38 satisfied with the resolution of the meeting with a teacher under 39 subsection (a), the parent or student may submit a complaint 40 through the grievance procedure maintained by the school 41 corporation or qualified school under section 7 of this chapter. 42 Sec. 7. (a) Each school corporation or qualified school shall 2023 IN 386—LS 7282/DI 143 4 1 establish and maintain a grievance procedure for the resolution of 2 a complaint submitted by a parent of a student or a student, if the 3 student is an adult or emancipated minor, for a complaint 4 described in section 6 of this chapter if the parent or student is not 5 satisfied with the resolution of the meeting with the teacher under 6 section 6 of this chapter. 7 (b) A grievance procedure under this section must include a 8 complaint form that a parent or student described in subsection (a) 9 may submit to the school corporation or qualified school for a 10 complaint described in subsection (a). 11 (c) A school corporation or qualified school shall post the 12 following on the qualified school's website: 13 (1) The grievance procedure established by the school 14 corporation or qualified school under subsection (a). 15 (2) The complaint form described in subsection (b). 16 (d) A grievance procedure submitted under this section must 17 receive a hearing by the governing body not later than thirty (30) 18 days after receipt of the complaint. 19 Sec. 8. (a) If a parent or student described in section 7(a) of this 20 chapter is not satisfied with the final decision by a school 21 corporation or qualified school regarding a complaint submitted 22 under section 7 of this chapter, not later than ten (10) days after 23 the final decision the parent or student may submit an appeal to 24 the secretary of education, on a form prescribed by the 25 department, to review the complaint and decision. 26 (b) The secretary of education shall review the appeal submitted 27 under subsection (a) and issue a final order not later than sixty (60) 28 days after the date that the department receives the request. An 29 order issued by the secretary of education is a final order unless an 30 appeal is filed in accordance with IC 4-21.5-5. 31 (c) An appeal under this section is governed by IC 4-21.5-3. 32 Sec. 9. (a) The department shall: 33 (1) develop guidance materials for school corporations and 34 qualified schools to assist school corporations and qualified 35 schools in implementing this chapter; 36 (2) develop professional development materials for teachers 37 and school employees to assist teachers and school employees 38 in complying with this chapter; and 39 (3) post the guidance materials and professional development 40 materials on the department's website. 41 (b) The guidance materials and professional development 42 materials created under subsection (a) must be in alignment with 2023 IN 386—LS 7282/DI 143 5 1 the following objectives: 2 (1) That students should engage with a variety of viewpoints 3 on challenging issues facilitated by teachers and school 4 employees who promote independent thought over an 5 advancement of the teacher's or school employee's personal 6 beliefs. 7 (2) That a teacher or school employee should be prepared to 8 help students discern, evaluate, and analyze information, to 9 question and verify the credibility of the information's source, 10 and to make their own reasoned judgments supported by 11 evidence. 12 (3) A teacher or school employee should be prepared to 13 discuss challenging issues in the classroom and not avoid 14 them. 15 Sec. 10. If a teacher or school employee is found in violation of 16 this chapter, the teacher or school employee must engage in 17 professional development in compliance with section 9 of this 18 chapter. 2023 IN 386—LS 7282/DI 143