HB 1040

Bill Subjects

Administrative Hearings Attorney General Children And Minors Generally Civil Actions, Penalties Health Generally Schools Generally (K-12) Schools, Curricula

Abstract

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.