Daily Archives: 2023-01-31

House Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

UPDATE 02/22/2023 – This bill was passed amended by House
UPDATE 02/24/2023 – Referred to the Senate

House Bill 1608 Bans any discussion of same-sex couples or transgender people in K-3 classrooms or elementary schools. This would outlaw teachers with same-sex partners mentioning their family or students with two same-sex parents discussing their family at school. Would ban children’s books like “Tango Makes Three” about same-sex penguin couples having a child.

Updated Analysis – Drastic alterations to the bill target trans children in schools, including allowing bullying, harassment by students and staff and outing gender non-conforming students to Parents.

House Bill 1608
Authored by Rep. Michelle Davis.
Co-Authored by Rep. Jake Teshka, Rep. Chris Jeter, Rep. Robert Heaton.
Sponsored by Sen. Stacey Donato, Sen. Jeff Raatz, Sen. Gary Byrne.

Original DIGEST
Sexual orientation and gender identity instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 in which the goal or purpose of the instruction is to study, explore, or inform students about sexual orientation, gender identity, or certain other concepts. Defines “school” for purposes of this provision.

AMENDED DIGEST
Synopsis: Human sexuality instruction. Provides that a school, an employee or staff member of a school, or a third party vendor used by a school to provide instruction may not provide any instruction to a student in kindergarten through grade 3 on human sexuality. Provides that a school employee or a school staff member is not prohibited from responding to a question from a student regarding certain topics. Provides that an employee or staff member of a school may only use a name, pronoun, title, or other word to identify a student that is inconsistent with the student’s sex if the student, who is an adult or an emancipated minor, or the parent of an unemancipated minor requests in writing the use of a specific name, pronoun, title, or other word to identify the student. Provides that a request must be submitted at the beginning of a school year. Requires a school to notify the parent of a certain student of a request made by the student to change the student’s name, pronoun, title, or other word to identify the student that is inconsistent with the student’s sex. Provides that a school may not discipline an employee or staff member of the school for using a name, pronoun, title, or other word to identify a student that is consistent with the student’s legal name.

Actions for House Bill 1608
H 02/24/2023 Referred to the Senate
H 02/23/2023 Senate sponsors: Senators Donato, Raatz, Byrne
H 02/23/2023 Third reading: passed; Roll Call 220: yeas 65, nays 29
H 02/22/2023 Second reading: ordered engrossed
H 02/20/2023 Committee report: amend do pass, adopted
H 01/19/2023 First reading: referred to Committee on Education
H 01/19/2023 Coauthored by Representatives Teshka, Jeter, Heaton
H 01/19/2023 Authored by Representative Davis

Link to local PDF File of the Introduced Bill: HB1608.01.INTR
Link to local PDF File of the House Roll Call Vote: HB1608.220_H-roll-call-vote

News References:

Source: – February 10, 2023

Continue ReadingHouse Bill 1608: Don’t Say Gay Bill mandates school bullying and outing gender non-conforming children

House Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

UPDATE 02/14/2023 – passed house; Roll Call 134: yeas 68, nays 24

UPDATE 02/15/2023 – Referred to the Senate

UPDATE 02/27/2023 – referred to Senate Committee on Corrections and Criminal Law

Summary:
House Bill 1569 bans Department of Corrections from providing gender affirming care to prisoners. Specifically prohibits paying for or providing state resources for gender transition of prisoners, including federal funding. This is likely in direct opposition to federal laws about care for transgender prisoners.

House Bill 1569
Authored by Rep. Peggy Mayfield.
Co-Authored by Rep. Joanna King.
Sponsored by Sen. Stacey Donato.

DIGEST
Restrictions on DOC provision of gender therapy. Provides that the department of correction may not authorize the payment of any money, the use of any state resources, or the payment of any federal money administered by the state to provide or facilitate the provision of hormonal therapy or sexual reassignment surgery to an offender patient.

Actions for House Bill 1569
S 02/27/2023 First reading: referred to Committee on Corrections and Criminal Law
H 02/15/2023 Referred to the Senate
H 02/14/2023 Senate sponsor: Senator Donato
H 02/14/2023 Third reading: passed; Roll Call 134: yeas 68, nays 24
H 02/13/2023 Second reading: ordered engrossed
H 02/09/2023 Committee report: amend do pass, adopted
H 02/06/2023 Representative King J added as coauthor
H 01/19/2023 First reading: referred to Committee on Courts and Criminal Code
H 01/19/2023 Authored by Representative Mayfield

Link to PDF File of Introduced Bill: HB1569.01.INTR_.pdf
Link to PDF File of Roll Call Vote: HB1569.134_H-roll-call-vote

News References:

Source: The Statehouse File – February 9, 2023
Committee weighs rights of trans prisoners

Source: Indy Star – February 9, 2023
Indiana lawmakers move bill banning state-provided gender-affirming surgery in prison

The American Medical Association and the American Psychological Association do recognize transition-related care as medically necessary.

That care can take a variety of forms, including surgery, and is different for every patient. Just like any other medical decision, the decision comes from an thorough vetting process between clinician and patient, said Richard Brandon-Friedman, a clinician and assistant professor in the IU School of Social Work at IUPUI.

Source: Indy Star – February 23, 2023
An ‘absolute onslaught’: Indiana GOP targets transgender rights

Continue ReadingHouse Bill 1569: Bans Department of Corrections from providing gender affirming care to prisoners

House Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

UPDATE 02/23/2023 – passed in the house as amended with amendment 2, Referred to the Senate. See senate sponsors. DIGEST OF HB 1407 (Updated February 21, 2023 2:46 pm PDF file: HB1407.03.ENGH-passed-house

UPDATE 02/13/2023 – this bill passed out of committee and will appear before the full house.

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Summary:
House Bill 1407 Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care. Allows non-custodial parents the right to interfere with custodial parents rights to child care if child is transgender.

House Bill 1407
Authored by Rep. Dale DeVon.
Co-Authored by Rep. Chris Jeter, Rep. Robert Heaton, Rep. Lindsay Patterson.
Sponsored by Sen. Aaron Freeman, Sen. Stacey Donato, Sen. Jeff Raatz.

DIGEST
Parental rights. Provides that the state of Indiana, a political subdivision or other governmental entity of the state of Indiana, a government official, or any other person acting under the color of law shall not infringe on the fundamental right of a parent to direct the upbringing, education, health care, and mental health of the parent’s child without demonstrating that the infringement: (1) is required by a compelling governmental interest of the highest order as long recognized in the history and traditions of the state of Indiana; and (2) as applied to the child, is narrowly tailored and not otherwise served by a less restrictive means. Creates a right of action for violation of a parent’s rights with respect to the upbringing, education, and health care of the parent’s child. Provides that a child is not a child in need of services due to the child’s parent, guardian, or custodian: (1) referring to and raising the child consistent with the child’s biological sex; or (2) declining to consent to the child receiving: (A) specified medication; (B) a medical procedure the purpose of which is to alter the apparent gender or sex of the child or affirm the child’s perception of the child’s gender or sex in a manner inconsistent with the child’s biological sex; or (C) counseling or other mental health services the purpose of which is to affirm the child’s perception of the child’s gender or sex if the child’s perception is inconsistent with the child’s biological sex. Provides that a juvenile court may not enter a dispositional decree ordering removal of a child from the home of the child’s parent, guardian, or custodian if: (1) the juvenile court has found the child to be a child in need of services under a specified statutory definition of a child in need of services; and (2) the parent, guardian, or custodian of the child: (A) is a fit parent, guardian, or custodian of the child; and (B) does not consent to the child being removed from the child’s home.

Actions for House Bill 1407
H 02/23/2023 Referred to the Senate
H 02/22/2023 Senate sponsors: Senators Freeman, Donato, Raatz
H 02/22/2023 Third reading: passed; Roll Call 199: yeas 58, nays 33 – PDF file of Roll Call: HB1407.199_H-roll-call
H 02/21/2023 Amendment #2 (Jeter) prevailed; voice vote – PDF file of amendment: HB1407.02.COMH.AMH002
H 02/21/2023 Second reading: amended, ordered engrossed
H 02/20/2023 Placed back on second reading
H 02/16/2023 Second reading: ordered engrossed
H 02/13/2023 Passed out of committee
H 02/06/2023 Representative Patterson L added as coauthor
H 01/31/2023 Representative Heaton added as coauthor
H 01/31/2023 Representative Jeter C added as coauthor
H 01/17/2023 First reading: referred to Committee on Family, Children and Human Affairs
H 01/17/2023 Authored by Representative DeVon

Link to PDF File of Introduced Bill: HB1407.01.INTR
Link to PDF File of 2nd Amendment passed: HB1407.02.COMH.AMH002
Link to PDF File of Roll Call Vote: HB1407.199_H-roll-call
Link to PDF File of Senate Version:

News References:

Source: Indy Star – February 10, 2023
House committee OKs bill seen as anti-transgender targeting DCS care

Source: Herald Bulletin – February 12, 2023
GOP advances ‘parental rights’ bill targeting DCS policies for transgender children

Source: WTHR – February 17, 2023
Faith leaders condemn Indiana bills they say are hateful to trans youth

Source: TheStatehouseFile.com – Feb 21, 2023
‘Parental rights’ bill concerning gender identity in kids sees second reading in House

Source: Indiana Capitol Chronicle – February 23, 2023
House passes bill supporting parents in transgender DCS cases

DCS told the Capital Chronicle that it does not open cases solely because parents don’t support transitions.

In Cox’s case, DCS removed the child after reports of the parents verbally abusing the child and refusing to treat the child’s eating disorder. An October ruling from the Indiana Court of Appeals affirmed DCS’ actions.

“The Parents have the right to exercise their religious beliefs, but they do not have the right to exercise them in a manner that causes physical or emotional harm to Child,” the court ruled.

Continue ReadingHouse Bill 1407: Disallows state entities to remove psychologically or physically abused transgender children from abusive parental care

Senate Bill 413: Outing transgender youth to parents

2023-02-28 Update: This bill has similar language to House Bill 1608 which has been referred to the Senate, so it may get reconciled with that bill.

Senate Bill 413 prevents teaching K-12 students any information about sexual orientation or gender identity and requires guidance counselors or other student support service staff to notify parents if a student seeks counseling services. Requires notifying all parents of a school if a transgender child is enrolled.

Senate Bill 413
Authored by Sen. Gary Byrne, Sen. Blake Doriot.

DIGEST
Parental rights in education. Requires a governing body of a school corporation to adopt procedures to require schools to notify a parent of an unemancipated minor student regarding the: (1) student’s services, support, or monitoring related to the student’s social emotional, behavioral, mental, or physical health; or (2) school’s ability to provide a safe and supportive learning environment for the student. Establishes requirements and restrictions regarding the procedures. Prohibits school corporation personnel or a third party vendor that contracts with a school corporation from providing instruction on sexual orientation or gender identity: (1) to any students of the school corporation enrolled in kindergarten through grade 12; or (2) in a manner that is not age appropriate or developmentally appropriate for students in accordance with state law. Establishes requirements regarding: (1) student support services training; (2) notifying parents of social emotional, behavioral, mental, and physical health services or support offered by a school corporation and the parent’s option to withhold consent or decline any of those health services or support; and (3) administering a social emotional, behavioral, mental, or physical health personal analysis or evaluation, questionnaire, screening, survey, or assessment to an unemancipated minor student enrolled in kindergarten through grade 12. Requires a school corporation to notify the parent of each student enrolled in a school maintained by the school corporation if the school corporation permits a student of that school to use a multiple occupancy restroom or locker room that is designated for a sex that is not the student’s biological sex. Requires a school corporation to: (1) establish a grievance procedure for a violation of the provisions; and (2) post the grievance procedure on the school corporation’s website. Provides that a parent who is not satisfied with a decision by a school principal or principal’s designee regarding a complaint by the parent may request the department of education (department) to review the complaint and decision. Provides that a parent of a student may bring a civil action against the school corporation for a violation of the provisions. Requires, not later than May 30, 2024, the department to adopt or update, as necessary and as approved by the state board of education, certain student services, personnel guidelines, standards, frameworks, practices, and principles.

Actions for Senate Bill 413
S 01/19/2023 Senator Doriot added as second author
S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Byrne

Link to PDF of Introduced Bill: SB0413.01.INTR

Continue ReadingSenate Bill 413: Outing transgender youth to parents

Senate Bill 386: Bans teaching civil rights history or information about the history of racism, sexism, homophobia or transphobia in schools

Senate Bill 386 would prevent K-12 and Higher Education public schools from teaching history of civil rights, history of sexism and the women’s movement, and history of discrimination against LGBTQ people in the US. SB-386 attempts to redefine civil rights history as being discriminatory toward groups that have historically held power in the US – cisgender, white, heterosexual men, slave owners and other historically oppressive groups.

Senate Bill 386
Authored by Sen. Jeff Raatz.

DIGEST
Dignity and nondiscrimination in education. Provides that a school corporation or qualified school shall not promote certain concepts as part of a course of instruction or in a curriculum or instructional program, or allow teachers or other employees to use supplemental learning materials to promote certain concepts regarding age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, mental or physical disability, religion, or national origin. Requires a request to meet with a teacher for certain complaints. Requires each school corporation or qualified school to establish grievance procedures for certain complaints. Provides that, if a parent of a student or a student, if the student is an adult or an emancipated minor, is not satisfied with a final decision, the parent or student may submit a request to the secretary of education (secretary) to review the complaint and decision. Provides that the secretary’s decision is a final order and is appealable. Requires the department of education to create guidance materials and professional development materials for use by school corporations, qualified schools, and teachers.

Actions for Senate Bill 386

S 01/19/2023 First reading: referred to Committee on Education and Career Development
S 01/19/2023 Authored by Senator Raatz

Link to PDF of Introduced Bill: SB0386.01.INTR

Continue ReadingSenate Bill 386: Bans teaching civil rights history or information about the history of racism, sexism, homophobia or transphobia in schools