Indiana enacts new education laws on race, sexuality, and parental rights

INDIANA – Indiana lawmakers have passed a series of new education laws, set to take effect in July, that will reshape public school instruction related to race, sexuality, and parental rights. These legislative changes reflect conservative education policy priorities, according to a statement from the provided text.

The new legislation includes provisions that ban certain classroom concepts related to race and identity, increase transparency in sex education, reduce required teacher training on social-emotional learning, and strengthen parental rights in student matters. Jonathan Friedman of PEN America, a free expression advocacy group, commented that such laws in various states indicate that a political shift has “given legislators a green light to unleash education bills of their liking with fewer brakes and fewer boundaries.”

Key Changes to Education Policy:

Ban on Race-Based Concepts (Senate Enrolled Act 289): This law prohibits Indiana public schools from requiring staff training that suggests individuals are responsible for past actions based on race or other personal characteristics. It also prevents teachers from compelling students to adopt such concepts. While supporters claim it ensures neutral instruction, critics, such as Chris Daley of the ACLU of Indiana, worry that its vague language could suppress discussions on controversial topics. The law also prohibits the use of personal characteristics in hiring, admissions, or scholarship decisions for public schools and state employers, with private college scholarships remaining exempt. The Next Generation Hoosier Minority Educators Scholarship will now prioritize candidates who agree to teach in underserved counties, rather than basing eligibility on race.

Changes to Sex Education (Senate Enrolled Act 442): Schools offering sex education must now post all instructional materials online and obtain approval from the school board before use. Parents will also receive detailed information in consent forms, including who will teach the course and if it will be coeducational. The law does not mandate sex education but requires any instruction to be medically accurate, age-appropriate, and include information on fetal development and consent. Critics argue that parents already have review and opt-out options under existing law, while supporters emphasize the need for increased transparency.

Teacher Training Requirements Rolled Back (House Enrolled Act 1002): This act removes previous state guidelines that mandated teacher training programs include social-emotional learning, cultural competency, and restorative justice – terms that have become politically contentious among conservatives. While a Senate amendment temporarily removed requirements for positive behavioral interventions and trauma-informed care, these were restored by a conference committee after public backlash. Russ Skiba, professor emeritus at Indiana University, expressed concern that this shift could reverse progress in reducing racial disparities in school discipline.

Expanded Parental Rights (Senate Enrolled Act 143): This law codifies that the government cannot “substantially burden” a parent’s right to direct their child’s upbringing, including in education, religion, and health care, unless there is a compelling governmental interest. Schools are prohibited from encouraging students to withhold personal information from parents or denying parental access to records related to a student’s well-being. Supporters advocate for family autonomy, while critics fear it could override minors’ constitutional rights or expand state authority over parental decisions. The law clarifies it does not permit access to banned medical procedures such as abortion or gender-affirming care. It may also apply to a student’s chosen name or gender identity, a matter already addressed by a 2023 law requiring parental notification of such changes.