Ind. Code ch. 20-26-21

Ind. Code ch. 20-26-21
in effect

Ind. Code § 20-26-21-1 "Qualified school"

Sec. 1. As used in this chapter, "qualified school" means the following: (1) A school maintained by a school corporation. (2) A charter school. (3) A laboratory school established under IC 20-24.5-2. (4) The Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1. (5) The Indiana School for the Deaf established by IC 20-22-2-1. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-2 Exemptions

Sec. 2. This chapter does not apply to the following: (1) An academic test or academic assessment, scoring keys, or other tools directly related to measuring a student's academic performance in understanding a particular curricular subject matter, as prescribed by the department. (2) A career aptitude or career interest survey. (3) An assessment or screening instrument administered by a third party employed: (A) psychologist licensed under IC 25-33; or (B) social worker, clinical social worker, marriage and family therapist, or mental health counselor licensed under IC 25-23.6; if the third party provider described in clause (A) or (B) is referred by school personnel in a crisis situation in which the school personnel and the third party provider reasonably believe that the student is in immediate danger of self harm, harming another person, or experiencing harm resulting from abuse or neglect. (4) An assessment, screening instrument, or evaluation survey administered by a third party employed: (A) psychologist licensed under IC 25-33; or (B) social worker, clinical social worker, marriage and family therapist, or mental health counselor licensed under IC 25-23.6; who has received a consent for services from a student, if the student is an adult or emancipated minor, or parent of a student, if the student is an unemancipated minor. (5) A survey or evaluation administered to a student of a school by a third party vendor that gauges or attempts to gauge student satisfaction with or participation in the school's programming, technology platform, or approved curriculum. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-3 Personal analysis, evaluation, or survey; prohibit responses identifying individual student

Sec. 3. If a school corporation or qualified school uses a third party vendor in providing a personal analysis, evaluation, or survey that reveals, identifies, collects, maintains, or attempts to affect a student's attitudes, habits, traits, opinions, beliefs, or feelings, the third party vendor and the school corporation or qualified school may not record, 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. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-4 Written request regarding personal analysis, evaluation, or survey; consent form; notice; posting; explanation

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(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. 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. As added by P.L.234-2023, SEC.3. Amended by P.L.204-2025, SEC.1.

Ind. Code § 20-26-21-5 Complaint

Sec. 5. A parent of a student or a student, if the student is an adult or emancipated minor, who is enrolled in a qualified school may submit a complaint for a violation of this chapter under the grievance procedure maintained by the qualified school in accordance with section 6 of this chapter. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-6 Grievance procedure

Sec. 6. Each qualified school shall establish and maintain a grievance procedure for the resolution of a complaint submitted by a parent of a student or student, if the student is an adult or emancipated minor, under section 5 of this chapter. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-7 Develop and post guidance

Sec. 7. The department shall: (1) develop guidance materials for school corporations and qualified schools to assist school corporations and qualified schools in implementing this chapter; and (2) post the guidance materials on the department's website. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-8 Administering state or federally required assessments

Sec. 8. Nothing in this section prohibits qualified schools from administering state or federally required assessments. As added by P.L.234-2023, SEC.3.

Ind. Code § 20-26-21-9 Breach of contract provision

Sec. 9. After June 30, 2023, if a school corporation or a qualified school contracts with a third party vendor to provide a personal analysis, survey, or evaluation described in section 3 of this chapter, the contract must include a provision stating that if the third party vendor does not comply with the requirements described in section 3 of this chapter, the third party vendor has committed a breach of contract. As added by P.L.234-2023, SEC.3.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/20Fetched: 10/17/2026

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