Indiana Bill Would Put School Boards in Charge of Sex Education Curriculum, Drawing Criticism From Educators

Republican lawmakers in Indiana are pushing a bill that would give local school boards the final say over whether and how sex education is taught, a proposal that sex educators and some Democrats warn could further limit instruction in the state's schools.

Senate Bill 128 would require school boards, as well as the governing bodies of charter schools and accredited private schools, to review and approve all curriculum related to human sexuality before it reaches a classroom. Approved materials would have to be posted conspicuously on school websites. Schools would also need to say whether lessons will be taught to boys and girls separately or together, and whether the instructor will be male or female.

Sen. Gary Byrne, R-Byrneville, one of the bill's authors, called it a "simple bill" during a Senate hearing in early February. He said it grew out of concerns he has heard from parents and teachers. Because Indiana has no state standards for sex education, he said, teachers get little direction. Byrne, a former school board member, said he did not want to impose anything at the state level and believes "putting the local school boards in the driver's seat" makes sense. He added that the measure would help parents decide whether to opt their children out of such programs.

Indiana does not require schools to teach sex education, apart from lessons on HIV and AIDS. Last year, Republican lawmakers passed a law banning sex education in kindergarten through third grade. Current law already requires schools to notify parents about sex education lessons, lets parents opt their children out and gives them access to the curriculum.

Tammie Carter, CEO of LifeSmart Youth, said the bill could force providers like hers to spend countless hours presenting their programs to school boards around the state. Her organization, funded by federal, state and philanthropic money, teaches sex education to more than 14,000 students in 122 Indiana school districts. She told WFYI she does not see what the bill changes, given that school officials already have the power to approve curriculum. Carter also said posting materials online would be a serious problem because the organization's purchased, evidence-based curriculum is proprietary and it has agreed not to share it. Committing in advance to a male or female instructor, she said, would be "impossible."

Nora Gelperin, director of sex education and training at Advocates for Youth, said an educator's sex or gender has no bearing on the quality of instruction, and that this part of the bill "flies in the face of science." She described the measure as part of a wave of proposals adding bureaucracy between students and the information they need. According to SIECUS: Sex Ed for Social Change, eight states passed laws restricting sex education in 2023, compared with one in 2022. Gelperin said students, especially LGBTQ youth who are often left out of curricula, would bear the consequences, and that she has never met a school board member trained in sexuality education.

Critics also point out that the bill does not define "human sexuality," which some fear could lead schools to ban LGBTQ student groups or remove books with diverse depictions of gender and sexuality. Byrne said he left the term undefined because "the values of one community on what that means may be different than any other."

Sen. J.D. Ford, D-Indianapolis, said the bill would chill discussion of LGBTQ identities in schools and would give Moms for Liberty direct access to curriculum so the group can challenge local school boards. Sen. Andrea Hunley, D-Indianapolis, asked Byrne whether he would work with her on state sex education standards, noting that subjects such as history, math and reading have them. Byrne said he probably would not, adding that schools can already decide not to teach the subject. Hunley said the bill mostly adds an administrative headache for school boards.

Sen. Liz Brown, R-Fort Wayne, defended the measure, saying it simply asks for a public discussion so everyone is on the same page. "Parents don't have to go to this school board meeting. But the school board should know. That's their responsibility," she said.

The Senate passed the bill 38-10. Nearly all Democrats opposed it, Sen. Jean Breaux, D-Indianapolis, was excused, and Sen. Vaneta Becker, R-Evansville, was the only Republican to vote no. The House Education Committee did not hear the bill, but its language could still be added to another bill during the conference committee process. The legislative session ends March 14.