Text of IN SB 65 (2018)

Introduced Version SENATE BILL No. 65 _____ DIGEST OF INTRODUCED BILL Citations Affected: IC 20-30-5-17. Synopsis: Instruction on human sexuality. Requires each school corporation to make available for inspection to a parent of a student instructional material used in connection with instruction on human sexuality. Prohibits a school from providing a student with instruction on human sexuality unless the parent of the student or the student (if the student is an adult or an emancipated minor) consents to the instruction. Establishes requirements regarding the consent form. Requires the department of education and the governing body of a school corporation to give parents and students notice of these requirements. Effective: July 1, 2018. Kruse, Doriot, Young M January 3, 2018, read first time and referred to Committee on Education and Career Development. 2018 IN 65—LS 6252/DI 110 Introduced Second Regular Session 120th General Assembly (2018) 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 2017 Regular Session of the General Assembly. SENATE BILL No. 65 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 20-30-5-17, AS AMENDED BY P.L.286-2013, 2 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2018]: Sec. 17. (a) A Each school corporation shall make 4 available for inspection by the parent of a student any instructional 5 materials, including 6 (1) teachers' manuals, 7 (2) curricular materials, 8 (3) films or other video materials, 9 (4) tapes, and 10 (5) other materials, 11 used in connection with: 12 (1) a personal analysis, an evaluation, or a survey described in 13 subsection (b); or 14 (2) instruction on human sexuality, including sexual activity, 15 sexual orientation, and gender identity. 16 (b) A student shall not be required to participate in a personal 17 analysis, an evaluation, or a survey that is not directly related to 2018 IN 65—LS 6252/DI 110 2 1 academic instruction and that reveals or attempts to affect the student's 2 attitudes, habits, traits, opinions, beliefs, or feelings concerning: 3 (1) political affiliations; 4 (2) religious beliefs or practices; 5 (3) mental or psychological conditions that may embarrass the 6 student or the student's family; 7 (4) sexual behavior or attitudes; 8 (5) illegal, antisocial, self-incriminating, or demeaning behavior; 9 (6) critical appraisals of other individuals with whom the student 10 has a close family relationship; 11 (7) legally recognized privileged or confidential relationships, 12 including a relationship with a lawyer, minister, or physician; or 13 (8) income (except as required by law to determine eligibility for 14 participation in a program or for receiving financial assistance 15 under a program); 16 without the prior consent of the student if the student is an adult or an 17 emancipated minor or the prior written consent of the student's parent 18 if the student is an unemancipated minor. A parental consent form for 19 a personal analysis, an evaluation, or a survey described in this section 20 subsection shall accurately reflect the contents and nature of the 21 personal analysis, evaluation, or survey. 22 (c) A school may not provide a student with instruction on 23 human sexuality, including sexual activity, sexual orientation, or 24 gender identity, unless the parent of the student or the student, if 25 the student is an adult or an emancipated minor, has provided the 26 school with written consent for the instruction. A consent form 27 provided to a parent of a student or a student under this subsection 28 must accurately reflect the contents and nature of the instruction 29 on human sexuality that will be provided to the student. 30 (c) (d) The department and the governing body shall give parents 31 and students notice of their rights under this section. 32 (d) (e) The governing body shall enforce this section. 2018 IN 65—LS 6252/DI 110

Second Regular Session 120th General Assembly (2018) 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 2017 Regular Session of the General Assembly. SENATE ENROLLED ACT No. 65 AN ACT to amend the Indiana Code concerning education. Be it enacted by the General Assembly of the State of Indiana: SECTION 1. IC 20-30-5-17, AS AMENDED BY P.L.286-2013, SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 17. (a) A Each school corporation shall make available for inspection by the parent of a student any instructional materials, including (1) teachers' manuals, (2) curricular materials, (3) films or other video materials, (4) tapes, and (5) other materials, used in connection with: (1) a personal analysis, an evaluation, or a survey described in subsection (b); or (2) instruction on human sexuality. (b) A student shall not be required to participate in a personal analysis, an evaluation, or a survey that is not directly related to academic instruction and that reveals or attempts to affect the student's attitudes, habits, traits, opinions, beliefs, or feelings concerning: (1) political affiliations; (2) religious beliefs or practices; (3) mental or psychological conditions that may embarrass the student or the student's family; SEA 65 — Concur 2 (4) sexual behavior or attitudes; (5) illegal, antisocial, self-incriminating, or demeaning behavior; (6) critical appraisals of other individuals with whom the student has a close family relationship; (7) legally recognized privileged or confidential relationships, including a relationship with a lawyer, minister, or physician; or (8) income (except as required by law to determine eligibility for participation in a program or for receiving financial assistance under a program); without the prior consent of the student if the student is an adult or an emancipated minor or the prior written consent of the student's parent if the student is an unemancipated minor. A parental consent form for a personal analysis, an evaluation, or a survey described in this section subsection shall accurately reflect the contents and nature of the personal analysis, evaluation, or survey. (c) Before a school may provide a student with instruction on human sexuality, the 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 of instruction. 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 instruction on human sexuality 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 instruction on human sexuality. 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 instruction; or (2) declines instruction. If a student does not participate in the instruction on human sexuality, the school shall provide the student with alternative academic instruction during the same time frame that the instruction on human sexuality is provided. (d) 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 under subsection (c) within twenty-one (21) calendar days after receiving the request under subsection (c), the 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 SEA 65 — Concur 3 student, if the student is an adult or an emancipated minor, indicate, in a manner prescribed by the school, whether the parent of the student or the adult or emancipated student: (1) consents to the instruction; or (2) declines instruction. A notice provided to a parent of a student or a student under this subsection must accurately summarize the contents and nature of the instruction on human sexuality 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 instruction on human sexuality. The notice may be sent in an electronic format. If the school does not receive a response within ten (10) days after the notice, the student will receive the instruction on human sexuality unless the parent or the adult or emancipated student subsequently opts out of the instruction for the student. (c) (e) The department and the governing body shall give parents and students notice of their rights under this section. (d) (f) The governing body shall enforce this section. SEA 65 — Concur President of the Senate President Pro Tempore Speaker of the House of Representatives Governor of the State of Indiana Date: Time: SEA 65 — Concur