§ 20-30-5-17 — Access to materials relating to instruction on human sexuality, personal analysis, evaluation, or survey of students; consent and procedure for participation

Indiana § 20-30-5-17

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 30: CURRICULUM
• Ch. 5: Mandatory Curriculum

Text

(a) Each school corporation shall make
available for inspection by the parent of a student any instructional
materials, including teachers' manuals, curricular materials, films or
other video materials, tapes, and other materials, used in connection
with:
(1) a personal analysis, an evaluation, or a survey described in
subsection (c); or
(2) instruction on human sexuality.
(b) The governing body of a school corporation shall publish a list
of any instructional materials, including teachers' manuals, curricular
materials, films or other video materials, tapes, and other materials,
used in connection with instruction on human sexuality on the school's
website.
(c) 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;
(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
subsection shall accurately reflect the contents and nature of the
personal analysis, evaluation, or survey.
(d) 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 include the
following information:
(1) An accurate summary of the contents and nature of the
instruction on human sexuality that will be provided to the
student.
(2) Whether the instruction on human sexuality will be taught to
male and female students in a unified setting or to male and
female students in separate settings.
(3) Whether the instruction on human sexuality will be provided
by a female or male instructor.
(4) A statement 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. If the
written consent form is sent in an electronic format, the form must
include a link to the list of materials published under subsection (b).
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 consents to
the instruction or 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.
(e) 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 (d) within twenty-one (21)
calendar days after receiving the request under subsection (d), 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 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 consents to the instruction or declines instruction. A notice
provided to a parent of a student or a student under this subsection
must include the following information:
(1) An accurate summary of the contents and nature of the
instruction on human sexuality that will be provided to the
student.
(2) Whether the instruction on human sexuality will be taught to
male and female students in a unified setting or to male and
female students in separate settings.
(3) Whether the instruction on human sexuality will be provided
by a female or male instructor.
(4) A statement 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 written consent
form is sent in an electronic format, the form must include a link to the
list of materials published under subsection (b). 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.
(f) The department and the governing body shall give parents and
students notice of their rights under this section.
(g) The governing body shall enforce this section.
[Pre-2005 Elementary and Secondary Education
Recodification Citation: 20-10.1-4-15.]

Legislative History

As added by P.L.1-2005, SEC.14. Amended by P.L.286-2013, SEC.95; P.L.154-2018, SEC.1; P.L.204-2025, SEC.3.