Mental Health Screening

2019 Legislative Session Wrap-up

IAHE began this legislative session in January by monitoring 69 bills of concern. By mid-session, we were actively monitoring twenty-one bills with the potential to impact homeschool families, three of which were very concerning. While the majority of bills were education issues that we typically monitor every year, the emergence of mental health bills unexpectedly became the hot topic of the session.

Compulsory School Age

SB 318 (Gregory Taylor, Democrat – District 33)

Final Status – Bill died

Once again, a Senate bill was introduced that would lower the compulsory school age from seven years of age to five years. While it died again this session, we are well aware that this is an annual battle that we expect to revisit in 2020.

Mandatory Kindergarten

HB 1408 (Tonya Pfaff, Democrat – District 43)

Final Status – Bill died

This bill would have made kindergarten mandatory for every student five years of age on August 1 of that school year. It is now dead for this session, but we expect to watch this every year. However, the budget bill has positioned funding for increased kindergarten enrollment, so IAHE Action will be vigilant in watching for this in upcoming sessions.

Graduation Pathways

SB 507 (Jeff Raatz, Republican – District 27)

Final Status – Bill died in the House

HB 1002 (Holli Sullivan, Republican – District 78)

Final Status – Bill passed

SB 507 would have created a graduation pathways tracking and reporting system within the public school system. Public school graduation legislation is always monitored so that we can ensure homeschoolers are not discriminated against in college admissions. While SB 507 died, HB 1002 passed and does include a study regarding career coaching and graduation pathways for public education which we will diligently monitor next session to be sure homeschoolers have an equal opportunity in higher education.

Data Mining

SB 266 (Michael Crider, Republican – District 28)

Final Status – Bill died in the House

SB 507 (Jeff Raatz, Republican – District 27)

Final Status – Bill died in the Senate

Both the bill that would have mandated mental health screenings (SB 266), as well as the bill crafting graduation pathways (SB 507), would have created a tracking and reporting system on students. SB 507 would have required the Department of Education to provide data on students to the Commission for Higher Education and the State Board. SB 266 and its cohort, HB 1004, must have also, by their very nature, included the collection and recording of students’ inmost thoughts gathered through the mental health screenings. Data mining is a computer science term that simply involves collecting and storing data and finding new information within that data. These bills would have mined data from and about students, and IAHE is always against data mining due to the school system’s lack of accountability. SB 266 died and HB 1004 had the mental health language removed.

Educational Savings Options

HB 1254 (Jim Lucas, Republican – District 69)

Final Status – Bill died in House

HB 1675 (Ryan Lauer, Republican – District 59)

Final Status – Bill died in House

These two bills addressed educational savings options, such as annual grants or deductions for education-related expenses, typically to be administered by the state. IAHE Action met with legislators, and we were successful in having our concerns heard that this would be the proverbial foot in the door for increased government regulation of homeschooling.

Bias Crimes

SB 12 (Mike Bohacek, Republican – District 8)

Final Status – Bill died in House

SB 198 (Mike Bohacek, Republican – District 8)

Final Status – Bill passed

This session began with 13 bias and/or hate crime bills. SB 12 was the first to take off and it provided that a court may consider bias in imposing a criminal sentence. While not necessarily a homeschool issue, this bill had many faces. We monitored it to be able to inform co-ops and other homeschool groups with employees as to whether this may have affected them as well as religious restrictions that may be affected. SB 12 died in the House. SB 198 was similar to SB 12 and while it did pass this year and is now law, it does not list specific groups and is a sentencing bill so it does not have a direct effect on homeschool groups with employees.

Mental Health Screenings

SB 266 (Michael Crider, Republican – District 28)

Final Status – Bill died in House

HB 1004 (Wendy McNamara, Republican – District 76)

Final Status – Bill passed

HB 1001 (Todd Huston – Republican – District 37)

Final Status – Bill passed

HB 1629 – (Robert Behning – Republican – District 91)

Final Status – Bill Passed

SB 325 – (Michael Crider – Republican – District 28)

Final Status – Bill passed

SB 266 emerged from revisions in the Senate as a monstrosity that would mandate local schools to become, in essence, mental health providers. This would have been a huge infringement on parental rights by instituting mental health screenings for ALL children from birth through the age of 22. SB 266 passed the Senate but homeschooling parents along with other like-minded groups were able to sound the alarm about this bill and consequently, it did not receive a hearing in the House.

HB 1004 then began to move through the Senate, where IAHE Action watched to see if it would pick up language from SB 266 which included mental health screenings from birth to age 22. IAHE Action was pleased to see Sen. Dennis Kruse add language protecting parental rights by requiring written parental consent prior to mental health screenings and surveys, even though this was still a public school issue at that point. The bill passed the Senate with those provisions intact. However, Rep. Wendy McNamara, unhappy with the addition of these parental consent language, stripped the bill of mental health language before it passed.

HB 1001 was the biennial budget bill and it did pass with language included that allowed for the Secured School Safety grant funds to be used for school-based mental health services. However, in their final day of the session, the House heard the cries of conservative groups (including YOU!) and allowed SB 1629 to nullify the allowance in HB 1001 of using those funds for mental health services in schools. In addition to this, SB 325 included some parental protections for those using public schools. These protections are not perfect and do not allow for penalties, but all in all IAHE Action is pleased to see that legislators heard the people’s voices. SB 325 may be a springboard for homeschoolers to use in future sessions if parental protections of homeschoolers are infringed upon by extending mental health screenings outside of the public school system as was attempted this session.

READ MORE: UPDATE: HB 1004
READ MORE: What About SB266?

Virtual Public School Acountability

SB 567 – (Sen. Jeff Raatz – Republican – District 27)

Final Status – passed

In the final weeks of the session, a bill to create additional oversight for virtual public schools harkened back to old issues when SB 567 would have removed the “homeschool exemption” for students withdrawn to homeschool from the public schools for funding calculations. This change would have lumped these new homeschool students in with dropouts when the school reported back to the state. While it was unclear if there would be any long-term consequences for the individual student, the implications of grouping these two types of students does not reflect the intentions of the parents to continue the child’s education. We worked with Rep. Behning to address our concerns and the “homeschool exemption” was reinstated.

READ MORE: SB 567: Homeschoolers as dropouts?

Thank you for making a difference!

Despite having a Republican supermajority in the legislature, parents cannot let their guards down because new issues are introduced each session, as we saw this year with the issues of mental health and bias crime bills. Your phone calls and emails were heard.

Also this session, IAHE Action had many good discussions with many legislators such as our friends Rep. Robert Behning, Rep. Timothy Wesco, Sen. Dennis Kruse, Sen. Randall Head, Rep. Mike Speedy, Sen. Greg Walker, and Sen. Jeff Raatz. Many of these legislators reached out to us when they found areas of concern. Our goal is always to keep them aware that homeschool parents are here, actively monitoring educational bills as well as parental rights concerns.

We have also been able to introduce IAHE & IAHE Action to several legislators who only had a basic understanding of homeschooling. We were able to work with them and share how IAHE stands for parental rights, homeschool freedom, and religious freedom. We are grateful to those legislators that attended the IAHE Home Educators’ Convention. Every year, we hear from new legislators how vital the convention is to their understanding of the home education community.

Thank you to all of you who stay updated and contact your legislators as needed. YOU make a difference!

DONATE NOW to IAHE Action to support ongoing efforts to protect your homeschooling and parental rights.

UPDATE: HB 1004

As we’ve shared here previously, HB 1004 has provisions dealing with mental health issues of high schoolers with virtually no parental protections. And, virtually no penalties if anyone was sloppy with protecting confidential information.

Sen. Kruse led a successful effort to get HB 1004 amended to include strong parental protections and the bill passed the Senate. However, IAHE Action has learned that the original bill author, Republican Rep. Wendy McNamara is trying to gut these protections. She refused to concur with the Senate changes and is now working behind to remove these hard-fought protections.

We’ve reached out to key legislators to make them aware of our dissatisfaction. But we need your help.

If you’re like me and you want parental rights protections, please call your House Member today and let them know that the House should “concur” to HB 1004 and not gut the parental protections Sen. Kruse placed into HB 1004.

American Family Association of Indiana’s Director, recently shared:

It is important to call, particularly your state Rep, and ask them to keep the parental rights language that the Senate put in 1004. The House GOP caucus will vote behind closed doors on whether to accept McNamara’s gutting of the bill… and she will then go back and act accordingly at the conference committee.
Micah Clark

The number is: 800-382-9841.

Please call right away, time for the 2019 session is coming to a close so the final votes could happen at any time.

Support Sen. Kruse’s Amendment to HB 1004

UPDATE: Amendment #25 was pulled and rewritten as amendment #27. It was approved by the committee. Thank you for your action to protect parental rights!

URGENT: Please call your State Senator to support Sen. Kruse’s Amendment #25 to HB 1004.

As you already know, thanks to your calls and emails, Senate Bill 266, after a contentious vote in the Senate, has stalled in the House Education Committee. That bill is now radio-active, so to speak. No one wants to touch it.

However, IAHE Action has learned that proponents of SB 266 are looking to use House Bill 1004 as a vehicle to advance their agenda. Currently, HB 1004 contains language that would have mandatory mental health screenings for 9-12th graders. While this bill is not a direct attack on homeschoolers yet, we view this as an attack on parental rights.

Thankfully, our long-time ally in the Senate, Sen. Dennis Kruse (R – Auburn) has filed an amendment that would strengthen parental rights protections by prohibiting any mental health screening, assessment, evaluation or treatment to occur without prior written consent from the parents.

Please call your Senator today and ask them to vote for Amendment #25 in the Senate Education Committee. The hearing is scheduled for Wednesday at 1:30pm, so they need to hear from you right away. IAHE Action has also learned there is stiff resistance building to this amendment from the entrenched bureaucracies. So there is no time to waste and every call counts.

The Senate # is: 800-382-9467. Please call them ASAP. And if you have a minute, ask your friends and family to call as well.

Please do all you can.

DONATE NOW to IAHE Action to support ongoing efforts to protect your homeschooling and parental rights.

What About SB266?

We applaud the intentions of the authors to address the concerns that public schools are facing today, but tragic situations lead to bad legislation.

IAHE Action, along with our sister organization IAHE, continues to receive questions about SB266. As we wait with so many of you to see the bill’s status, we thought it would be helpful to share a recap of recent events.

When Senate Bill 266 was originally introduced on January 7, 2019, it was only nine pages long. The original intent of the bill was to address public school issues of mental health screening, safety, privacy, and other education matters.

By mid-February, the bill passed through the Appropriations Committee and emerged as a monstrosity far beyond the scope of the original. The revised bill shifted from providing services in the public school to a mandate for local schools to in essence become mental health providers for ALL children from birth through the age of 22.

Suddenly, a bill to address public school issues became a serious threat for ALL parents.

Compare the bill’s language from the original to the latest draft:

Prior to the Senate’s third reading, IAHE Action spoke with one of the bill’s co-authors Senator Dennis Kruse. He shared that the bill no longer held the protections he had worked to include. He shared that if the protections that he had fought for were not reinstated he would vote against the bill.

In February, Freedom Project said:

The legislation, dubbed SB 266, also furthers government meddling in the lives of children from birth through age 22. All children will be routinely screened for “mental-health” issues, with schools becoming de facto mental-health institutions. Indiana activists slammed the provisions as another step toward government control from cradle to grave.
Alex Newman

Watch the Freedom Project Media’s, Duke Pesta, discuss the impact of this bill.

Testimony before the Senate on February 26th was heartfelt on both sides. One of the bill’s authors, Sen Crider, shared that the bill was written in the face of the May 2018 shooting in Noblesville. IAHE Action agrees that the public schools need effective tools to address the challenges that they are facing, but SB 266 gives authority to the Commission on Improving the Status of Children in Indiana to target and identify any child for mental health screening. It is clear that the public school system is facing a severe crisis of addressing the needs of their students but as Sen Young testified “this bill will haunt you.”

It’s clear that the intentions of the original bill have been buried beneath an outside agenda.

In spite of an outcry of concern, the bill passed the Senate 29 to 20 and Sen Kruse removed himself as a co-author after the bill passed.

How did your Senator vote?

Check the Roll Call here.

Intentions of men vs. a very bad bill

In spite of the quiet during the middle of the legislative session, SB 266 is still alive and waiting for a hearing before the House Education Committee. Earlier this month we spoke with Sen Head about our concerns. He shared that the bill as it passed through the Senate was being amended and that the concerns being expressed by IAHE, IAHE Action, and many others would be addressed before the bill reached the House.

Is it possible for the authors to revise SB 266 to a point that addresses ALL of the concerns? Not likely. We applaud the intentions of the authors to address the concerns that public schools are facing today, but tragic situations lead to bad legislation.

Advance America

What’s next?

IAHE Action is actively watching for the reemergence of SB 266 in the House. Many people have been proactive with calling their Representatives and urging them to vote no on this bill… even though it has not been filed or scheduled for a hearing yet.

How different will the bill be once it shows back up? No one knows.

Will another bill take it’s place?

Sunday, March 17th, an article in the Pharos Tribune highlighted that a similar bill from the House (HB 1004) is in place to address these same issues in a manner with the same disregard for parental rights as SB 266.

Indiana Liberty Coalition shared:

House Bill 1004 is scheduled to be heard tomorrow afternoon in the Senate Education Committee. This bill is nearly as bad as SB266. It will allow government schools to set up the same mental health services/providers in schools along with social-emotional wellness services. We’ve shared with you many dangers on social-emotional learning and what is coming. This bill also includes the Youth Risk Behavior Survey which is a survey loaded with sexual questions and drives the funding for comprehensive sex ed into Indiana.

Neither bill is targeting the homeschool community on the surface, but full-scale attacks on parental rights will impact all parents. Both bills have now crossed over to the other side of the Indiana General Assembly and are facing new hearings. Both bills are still on the table for the second half of the session and IAHE Action encourages you to stay alert.

HB 1004: Call to Action

Call the Senate Education Committee and ask them to vote “NO” on HB1004.
Senate: (800) 382-9467
Chairman: Sen. Raatz (bill sponsor)
VP Chairman: Sen. Crane
Majority Members: Sen. Buchanan, Sen. Freeman, Sen. Kruse, Sen. Leising, Sen. Rogers and Sen. Spartz
Minority Members: Sen. Melton, Sen. Mrvan and Sen. Stoops

SB 266: Call to Action

Call the House Education Committee members and ask them to vote “NO” on SB 266.
House: (317) 232-9600
Chairman: Rep. Robert Behning
Vice Chair: Rep. Anthony Cook
Majority Members: Rep. Woody Burton, Rep. Edward Clere, Rep. Dale DeVon, Rep. Chuck Goodrich, Rep. Jack Jordon, and Rep. Jim Lucas
Minority Members: Rep. Vernon Smith, Rep. Edward DeLaney, Rep. Shelia Klinker, and Rep. Tonya Pfaff