Rep. Michelle Davis

Removes schools and certain public libraries from the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors. Adds colleges and universities to the list of entities eligible for a specified defense to criminal prosecutions alleging: (1) the dissemination of material harmful to minors; or (2) a performance harmful to minors.

A CONCURRENT RESOLUTION recognizing Wednesday, February 16, 2022, as a day to honor the work and mission of the regions of the American Red Cross serving the state of Indiana.

Provides, for purposes of a regular season school athletic event, that the school corporation of the visiting team may broadcast its own coverage of the athletic event regardless of any athletic association rule or policy to the contrary, if: (1) the school corporation has entered into an agreement with a media organization to broadcast the visiting team's games; or (2) as part of a school curricular program, the school corporation regularly broadcasts the visiting team's home games.

Provides that "qualified higher education expense" includes qualified education loan repayments under Section 529(c)(9) of the Internal Revenue Code.

A CONCURRENT RESOLUTION terminating the public health emergency first declared on March 6, 2020, in Executive Order 20-02.

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.

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.

Adds Elwood Community School Corporation, Anderson Community Schools, Clark-Pleasant Community School Corporation, Center Grove Community School Corporation, and Greenwood Community School Corporation to the school corporations that are part of the high school equivalency pilot program. Changes the expiration date of the program from June 30, 2024, to June 30, 2025. Makes conforming changes and a technical correction.

A CONCURRENT RESOLUTION terminating the public health emergency first declared on March 6, 2020, in Executive Order 20-02.

Adds mental health providers to the list of persons who may not be required to participate in specified procedures and practices concerning abortion or aborted remains if the mental health provider objects to such procedures and practices on the basis of ethical, moral, or religious belief. Provides that an abortion inducing drug may not be dispensed, prescribed, or given to a woman after eight weeks of postfertilization age. Requires a physician to dispense the abortion inducing drug in person and have the pregnant woman consume the drug in the presence of the physician. Removes FDA guidelines from a provision concerning manufacturer instruction sheets and patient agreement forms pertaining to abortion inducing drugs. Requires an ultrasound image of a pregnant woman's fetus to be provided: (1) to a pregnant woman for her to keep; and (2) at no cost or charge to the pregnant woman; in the event of fetal ultrasound imaging. Requires certain information concerning the reversal of specified abortion inducing drugs to be provided to a pregnant woman in certain instances. Requires a specified report to identify the: (1) facility; and (2) city or town; where required information concerning an abortion was provided. Requires specified individuals to include, or to ensure the inclusion of, a copy of a pregnant woman's ultrasound report in the applicable patient file. Prohibits an abortion clinic from receiving an annual license renewal if ultrasound reports are not included in a pregnant woman's patient file. Provides that the written parental consent for purposes of abortion laws concerning an unemancipated pregnant woman less than 18 years of age must be notarized. Prohibits the state department of health from renewing an abortion clinic's license if noncompliance discovered during an annual inspection is not remedied. Prohibits the use of telemedicine to provide any abortion, including the writing or filling of a prescription for any purpose that is intended to result in an abortion. Defines certain terms. Makes conforming amendments.