Trans Legislation Tracker

Indiana

2022 anti-trans legislation

IN HB1040
Failed

Education matters.

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.

Passed

Participation in school sports. Requires, for purposes of interscholastic athletic events, school corporations, public schools, nonpublic schools, 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, and certain athletic associations to: (1) establish and maintain grievance procedures; or (2) maintain grievance or protest procedures established before July 1, 2022; 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, and certain athletic associations are not subject to liability in a civil, administrative, disciplinary, or criminal action for acting in compliance with these provisions.

Failed

Gender transition therapies report. Requires health care professionals to report certain information concerning gender transition to the state department of health (state department). Requires the state department to compile the reported data and annually submit the compiled data to the general assembly.

Failed

Education matters. Provides that a teacher, administrator, or other employee of a school corporation or charter school shall not require or make part of a course certain concepts related to race or sex. Provides that a student enrolled at a state educational institution shall not be required to engage in any form of mandatory gender or sexual diversity training or counseling. Provides that any orientation or requirement that presents any form of race or sex stereotyping or a bias on the basis of race or sex is prohibited. Provides that a student shall not be required to participate in a personal analysis, an evaluation, or a survey that is established or administered by: (1) a school corporation; (2) a school; (3) the department of education (department); or (4) a third party vendor of a school corporation, a school, or the department; 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. (Current law provides that 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 certain matters 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.) Establishes certain requirements for a personal analysis, evaluation, or survey collected by or shared with a third party vendor.

Failed

Education matters. Defines "applicable school". Provides that a state agency, school corporation, or applicable school, or an employee of the state agency, school corporation, or applicable school acting in an official capacity, may not direct or otherwise compel students or a school employee to personally affirm, adopt, or adhere to certain tenets relating to the individual's sex or race. Provides that a state agency, school corporation, or applicable school, or an employee of the state agency, school corporation, or applicable school acting in an official capacity, may not require an employee of the state agency, school corporation, or applicable school to engage in training, orientation, or therapy that presents any form of racial or sex stereotyping or blame on the basis of sex or race. Requires each school corporation or applicable school to adopt a policy to allow a taxpayer to observe classroom instruction at any time requested by the taxpayer. Requires, not later than July 30, 2022, and not later than June 30 each year thereafter, each applicable school to post on the applicable 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 of education (department) to develop and post on the department's Internet web site a model plan for presenting the learning material or educational activity information. Establishes procedures for a petitioner to file a complaint form alleging certain violations occurred within a school corporation or applicable school. Provides that a petitioner may appeal a school corporation's or applicable 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 applicable school's findings or the department's final order. Provides that the attorney general may assess civil penalties if the attorney general determines a violation occurred. Provides that a school corporation or applicable school may not take retaliatory action against a petitioner or an individual related to or associated with the petitioner. Repeals provisions requiring the department to develop the children's social, emotional, and behavioral health plan. Makes conforming amendments.

Failed

Child welfare provider protections. Prohibits the state from discriminating against adoption agencies, foster parents, or adoptive parents on the basis of religious beliefs. Defines certain terms. Waives sovereign immunity for purposes of the prohibition, except that state courts retain immunity. Allows suit under these provisions without exhausting administrative remedies. Provides for a private right of action and civil remedies.

Failed

Prohibited services relating to care of minors. Prohibits specified health care professionals from: (1) performing certain medical procedures on a minor; or (2) subjecting a minor to certain activities; that purposely attempt to change, reinforce, or affirm a minor's perception of the minor's own sexual attraction or sexual behavior, or attempt to change, reinforce, or affirm a minor's gender identity when the identity is inconsistent with the minor's biological sex.

Failed

Family and juvenile law matters. Requires the office of the secretary of family and social services to apply, before July 1, 2022, to the United States Department of Health and Human Services for an amendment to the family and support services Medicaid waiver to create priority status on the waiver for a child who has been adopted. Requires the statewide child fatality review coordinator to provide a data collection form to each local child fatality review team. Provides that the data collection form must mirror the information in the National Fatality Review Case Reporting System Version 5.0 CDR Report Form. Provides that the definition of child abuse or neglect does not refer to a person who identifies a child by the child's biological sex. Requires the department of child services (department) to include in its annual report certain additional information concerning child fatalities. Requires the department to: (1) collect certain disability identification data; (2) create a report concerning the collected data; (3) provide the report to the legislative council; and (4) adopt rules to implement these provisions. Requires the department, before beginning a trial home visit, to conduct a criminal history check on certain individuals, determine whether any of those individuals have prior department history, and establish a safety plan and child care plan. Requires the department to conduct at least one unannounced home visit each week while a child is on a trial home visit. Makes an appropriation to the state department of health to fund additional staff to support local child fatality review teams. Makes conforming changes.