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Indiana General Assembly· SB 442Public Law 204

Instruction on human sexuality., the official text

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First Regular Session of the 124th General Assembly (2025)

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 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 442

   AN ACT to amend the Indiana Code concerning education.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 20-26-21-4, AS ADDED BY P.L.234-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) This section does not apply to a personal
analysis, evaluation, or survey for which consent is required under
IC 20-30-5-17(b). IC 20-30-5-17(c).

   (b) Before a school corporation or qualified school may administer
a personal analysis, evaluation, or survey described in section 3 of this
chapter, the school corporation or qualified 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 for
administration. 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 personal analysis, evaluation, or survey 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 personal analysis, evaluation, or survey. 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 personal analysis, evaluation, or survey; or
      (2) declines the personal analysis, evaluation, or survey.

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If a student does not participate in the personal analysis, evaluation, or
survey, the school corporation or qualified school shall provide the
student with alternative academic instruction during the same time
frame that the personal analysis, evaluation, or survey is administered.

   (c) 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 corporation or qualified school under subsection
(b) within twenty-one (21) calendar days after receiving the request
under subsection (b), the school corporation or qualified 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
corporation or qualified school, whether the parent of the student or the
adult or emancipated student:

      (1) consents to the personal analysis, evaluation, or survey; or
      (2) declines the personal analysis, evaluation, or survey.
A notice provided to a parent of a student or a student under this
subsection must accurately summarize the contents and nature of the
personal analysis, evaluation, or survey 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 personal analysis, evaluation, or survey. The
notice may be sent in an electronic format. If the school corporation or
qualified school does not receive a response within ten (10) days after
the notice, the student will receive the personal analysis, evaluation, or
survey unless the parent or the adult or emancipated student
subsequently opts out of the personal analysis, evaluation, or survey for
the student.
   (d) Each school corporation or qualified school shall:
      (1) post a copy of a personal analysis, evaluation, or survey
      described in subsection (b) on the school corporation's or
      qualified school's website; and
      (2) send with each notice an explanation of the reasons that the
      school corporation or qualified school is administering the
      personal analysis, evaluation, or survey.
   (e) The department and the governing body shall give parents and
students notice of the parents' and students' rights under this section.
   SECTION 2. IC 20-30-5-13, AS AMENDED BY P.L.92-2020,
SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) Throughout instruction on human sexuality
or sexually transmitted diseases, infections, a state accredited school

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shall:
      (1) require a teacher to teach abstinence from sexual activity
      outside of marriage as the expected standard for all school age
      children;
      (2) include in the instruction that abstinence from sexual activity
      is the only certain way to avoid out-of-wedlock pregnancy,
      sexually transmitted diseases, infections, and other associated
      health problems; and
      (3) include in the instruction that the best way to avoid sexually
      transmitted diseases infections and other associated health
      problems is to establish a mutually faithful monogamous
      relationship in the context of marriage;
      (4) include age appropriate instruction concerning the
      importance of consent to sexual activity between two (2)
      individuals; and
      (5) except as provided in subsection (b), provide an in-person
      presentation on human growth and development during
      pregnancy that is medically accurate and age appropriate and
      includes the following:
         (A) A high definition ultrasound video, at least three (3)
         minutes in duration, showing the development of the brain,
         heart, sex organs, and other vital organs in early fetal
         development.
         (B) A high quality computer generated rendering or
         animation showing the process of fertilization and each
         stage of fetal development inside the uterus, noting
         significant markers in cell growth and organ development
         for every week of pregnancy from fertilization to birth.

   (b) A state accredited school that provides the instruction
described in subsection (a) in a course in which one hundred
percent (100%) of the course is virtual shall provide a virtual
presentation on human growth and development during pregnancy
that meets the requirements in subsection (a)(5).

   (c) A school maintained by a school corporation may not use
curricular materials to provide instruction on human sexuality that
have not been approved by the governing body of a school
corporation under IC 20-26-12-24.

   SECTION 3. IC 20-30-5-17, AS AMENDED BY P.L.154-2018,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 17. (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

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other video materials, tapes, and other materials, used in connection
with:

      (1) a personal analysis, an evaluation, or a survey described in
      subsection (b); (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.
   (b) (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.
   (c) (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 accurately
summarize 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. and indicate

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      (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
      (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) (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 (c) (d) within twenty-one (21)
calendar days after receiving the request under subsection (c), (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
      (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 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. and indicate
      (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

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      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.
   (e) (f) The department and the governing body shall give parents
and students notice of their rights under this section.
   (f) (g) The governing body shall enforce this section.

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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