With the Indiana legislative session set to begin Tuesday, here is a look at the Bills that will be proposed by the Indiana House of Representatives.

House Bill #1040  Education Matters  –  Author  Rep. J.D. Prescott

Education matters. Defines “qualified school”. Provides that a school corporation or qualified school is prohibited from subjecting any student to, or making available, disseminating, or providing to any student, any obscene matter or performance or certain matters or performances harmful to minors. Provides that each school corporation or qualified school shall provide for all students in grades 6 through 12 as part of required recitation concerning the system of government in Indiana and in the United States, instruction that socialism, Marxism, communism, totalitarianism, or similar political systems are incompatible with and in conflict with the principles of freedom upon which the United States was founded. Provides that a school corporation or qualified school may not provide instruction that socialism, Marxism, totalitarianism, or similar political systems are compatible with the principles of freedom upon which the United States was founded. Provides that a parent of a student or an emancipated student who attends a school corporation or qualified school may opt out of a face mask or face covering requirement. Requires the department of education (department) to develop a notice form that may be used by a parent or an emancipated student to indicate that the parent or emancipated student opts out of the face mask or face covering requirement. Provides that the governor, a state agency, a local health board or local health officer, or a school corporation or qualified school may not require a student of a school corporation or qualified school to quarantine against COVID-19 or other communicable disease if the student is asymptomatic. Provides that the governor, a state agency, a local health board or local health officer, or a school corporation or qualified school may not require, as a condition for employment, enrollment, attendance, or participation in a school corporation or qualified school or in a school extracurricular activity, a student to be immunized against COVID-19 or other communicable disease. Provides that, after December 31, 2020, the list of communicable diseases that require documentation of immunity for a student may be expanded or modified only by an act of the general assembly. Establishes certain consent requirements regarding students. Provides that, if the attorney general determines that a school corporation or qualified school: (1) discloses a student education record, or any information in a student education record; or (2) has a student who is less than 18 years of age and is not emancipated participate in any medical inspection, medical treatment, mental health assessment, mental health service, psychiatric or psychological examination or test, or psychiatric or psychological treatment without the informed written consent of the student’s parent; the attorney general may assess a civil penalty against the school corporation, charter school, or laboratory school. Provides that the parent of a student or protected right petitioner may bring a civil action for certain violations. Defines “protected right violations”. Defines “protected right petitioner”. Establishes procedures for a protected right petitioner to file a complaint form alleging a protected right violation occurred within a school corporation or qualified school. Provides that a protected right petitioner may appeal a school corporation’s or qualified school’s findings to the department. Requires the department to appoint an administrative law judge to adjudicate appeals. Requires the department to issue a final order. Requires the attorney general or the attorney general’s designee to review a school corporation’s or qualified school’s findings or the department’s final order. Provides that the attorney general may assess civil penalties if the attorney general determines a protected right violation occurred. Provides that a school corporation or qualified school may not take retaliatory action against a protected right petitioner or an individual related to or associated with the protected right petitioner. Provides that, if a school corporation or qualified school uses a third party vendor in providing a personal analysis, evaluation, or survey that reveals or attempts to affect a student’s attitudes, habits, traits, opinions, beliefs, or feelings, the third party vendor and the school corporation or public school may not 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 the consent requirements for certain student personal analysis, evaluations, or surveys apply even if the analysis, evaluation, or survey is directly related to academic instruction. Requires, not later than June 30, 2022, and not later than June 30 each year thereafter, each qualified school to post on the qualified 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 to develop and post on the department’s Internet web site a model plan for presenting the learning material or educational activity information. Makes changes to information that must be included on a school corporation’s annual performance report. Makes changes to information that must be included on a school’s longitudinal dashboard. Reconciles versions of IC 10-21-1-2 that were enacted by the 2019 general assembly. Repeals provisions requiring the department to develop the children’s social, emotional, and behavioral health plan. Makes conforming amendments

http://iga.in.gov/legislative/2022/bills/house/1040

House Bill #1041 Participation in School Sports  –  Author Rep. Michele Davis

Participation in school sports. Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, state educational institutions, private postsecondary educational institutions, and certain athletic associations to expressly designate an athletic team or sport as one of the following: (1) A male, men’s, or boys’ team or sport. (2) A female, women’s, or girls’ team or sport. (3) A coeducational or mixed team or sport. Prohibits a male, based on the student’s biological sex at birth in accordance with the student’s genetics and reproductive biology, from participating on an athletic team or sport designated as being a female, women’s, or girls’ athletic team or sport. Requires school corporations, public schools, certain nonpublic schools, state educational institutions, certain private postsecondary educational institutions, and certain athletic associations to establish grievance procedures for a violation of these provisions. Establishes a civil action for a violation of these provisions. Provides that school corporations, public schools, certain nonpublic schools, state educational institutions, certain private postsecondary educational institutions, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

http://iga.in.gov/legislative/2022/bills/house/1041

House Bill #1040  Various School Board Matters   –   Author Rep. Jeffrey Thompson

Various school board matters. Provides that the primary voting history of each candidate for school board office for the two most recent primary elections must be indicated on the ballot and if a candidate did not vote in the most recent primary elections, that fact must also be stated. Provides a procedure to adjust the term of office of certain elected members of the governing body of a school corporation. Increases the maximum annual salary of a school board member from $2,000 per year to $5,000 per year. Requires the state board of education to establish a maximum per diem rate for meetings of members of the governing bodies of school corporations, including Indianapolis Public Schools. Removes a provision that provides that, if a governing body is totally comprised of appointed members, the appointive authority must approve the per diem rate before the governing body may make payments to the members. Requires the governing body of each school corporation to file with the department of education (department) a copy of the school corporation’s organization plan and all amendments to the organization plan. Requires the department to publish each school corporation’s organization plan on the department’s Internet web site. Requires a school employer that is seeking to hire a prospective employee to contact the school employer that previously employed (or is currently employing) the prospective employee and request certain information. Requires a school employer that receives a request for certain employment information to comply with that request within 10 days. Provides that a school employer who receives a request for information must provide the prospective employee, upon request, with a copy of any information that is sent to the requesting school employer

http://iga.in.gov/legislative/2022/bills/house/1042

House Bill #1072  School Referendum levies  –   Author Rep. Bob Behning

School referendum levies. Provides that a school corporation must distribute a portion of revenue received from a school operating referendum tax levy or school safety referendum levy to each charter school in which students who reside within the attendance area of the school corporation attend. Makes conforming amendments.

http://iga.in.gov/legislative/2022/bills/house/1072#document-cfd3780b

House Bill #1093 Education matters –   Author Rep. Bob Behning

Education matters. Amends the membership and duties of the early learning advisory committee. Makes changes to the definition of “school resource officer”. Provides that, after June 30, 2023, if a school corporation or charter school enters into a contract for a school resource officer, the school corporation or charter school must enter into a memorandum of understanding with the law enforcement agency that employs or appointed the individual who will perform the duties of a school resource officer. Provides that certain parties are prohibited from incentivizing the enrollment, reenrollment, or continued attendance of a student or prospective student by offering or giving an item that has monetary value. Requires the Indiana charter school board (board) to appoint an executive director to carry out the duties and daily operations of the board. Establishes the executive director’s duties. Provides that the board shall establish certain processes. Establishes the Indiana charter school board fund and provides that money in the fund is appropriated continuously for purposes of the board. Provides that the department of education (department) may grant an accomplished practitioner’s license under certain conditions. Provides that the instructional days tuition support distribution formula account for certain schools within a school corporation. Authorizes the department to study and, if recommended, use machine scoring. Changes the department’s review period for certain funds. Repeals a provision concerning staffing of the board. Provides that the state board of education shall assign to a school or school corporation (including adult high schools) a “null” or “no letter grade” for the 2021-2022 school year

http://iga.in.gov/legislative/2022/bills/house/1093#digest-heading

House Bill #1094  Career and Technical Education –   Author Rep. Jake Teshka

Career and technical education. Requires the department of education to provide adequate employer liability and worker’s compensation insurance coverage for students enrolled in a work based learning course. Provides that the department of workforce development shall designate certain career and technical education programs as youth apprenticeship programs. Provides that, under the career and technical education enrollment grant, school corporations shall receive $500 for each pupil enrolled in a youth apprenticeship program. Makes conforming amendments.

http://iga.in.gov/legislative/2022/bills/house/1094#document-d3937f7