House Bill 1134 died in the Indiana Senate. Here's its path through legislature in 2022

Education law in Indiana has been the subject of controversy in the Hoosier State and beyond since a committee hearing Jan. 5 on Senate Bill 167.

During a year of turmoil in public schools, tense school board meetings took place around the state. Critical race theory, which is not generally taught in K-12 schools, took center stage, with parents, primarily in suburban communities, taking issue with how schools teach about race and racism. This led to multiple proposals by lawmakers to ban certain topics in K-12 schools, including Senate Bill 167, House Bill 1134 and House Bill 1040.

More: Indiana bill that spurred 'Nazism' remarks stalls, but similar proposal advances

Here's a look at the education bills that made waves at the statehouse in 2022.

What is HB 1134?

House Bill 1134 differed slightly from its Senate counterpart, but both contained language that would prohibit divisive content in classrooms.

On Wednesday, Jan. 13, it was amended to clarify that teachers can condemn concepts such as Nazism in the classroom. Additional changes were made throughout its lifespan, but it was eventually killed by Senate lawmakers.

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If passed, HB 1134 would have required schools to:

• create a curricular materials advisory committee comprising parents, teachers, administrators and community members. This group would submit recommendations for curriculum and activities to the school corporation's governing body.

• allow parents of students in the school corporation to opt out of "certain educational activities and curricular materials under certain conditions."

Under the bill, schools could not:

• "promote certain concepts as part of a course of instruction or in a curriculum or direct or otherwise compel a school employee or student to adhere to certain tenets relating to the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation."

• require an employee to take part in training or other activities that present "any form of racial or sex stereotyping or blame on the basis of sex, race, ethnicity, religion, color, national origin, or political affiliation."

• require students to participate in any analysis, evaluation or survey that "reveals or attempts to affect the student's attitudes, habits, traits, opinions, beliefs, or feelings without parental consent."

The House voted 60-37 in favor of the bill, despite considerable opposition statewide.

The bill was watered down, shrinking the list of "divisive concepts" to which it applied. Despite being gutted, it was still largely opposed by teachers statewide.

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It also met opposition from the Black community, who worried it would limit representation of people of color in school curricula. They also worried it would result in incomplete and inaccurate teaching of history.

On Feb. 28, after several hours of closed-door discussions in the Republican caucus, the Senate killed House Bill 1134.

Indiana House Bill 1134 text

Read the full text of HB 1134 on the Indiana General Assembly website.

More: As lawmakers limit debate on controversial HB 1134, some Hoosiers say they feel unheard

What's the status of Senate Bill 167?

The had been scheduled to be amended and voted on Wednesday, Jan. 13, but bill was pulled from the education committee schedule. Committee chair Sen. Jeff Raatz, R-Richmond, said the bill was taken off the calendar because the author, Sen. Scott Baldwin, was isolating after a COVID-19 exposure.

Indiana Senate Bill 167 text

The full text of Senate Bill 167 is available on the Indiana General Assembly website. Read it here.

Who is Sen. Scott Baldwin?

Indiana Sen. Scott Baldwin, R-Noblesville, is one of the bill's authors. He said the bill is designed to prohibit schools from teaching concepts that "divide and stereotype people."

In the first week of this year's legislative session in Indiana, Baldwin suggested that teachers should remain neutral on fascism, Nazism and Marxism. He later walked back the comments, but has been criticized widely.

More: Stephen Colbert rips Indiana state senator on Nazism remarks in Monday monologue

How did former President Donald Trump inspire the bills?

"Divisive concepts" mentioned in the bills were clearly inspired by or, in some cases, lifted almost entirely, from an executive order issued by former President Donald Trump in September of 2020.

Trump’s executive order listed these “divisive concepts:”

• one race or sex is inherently superior to another race or sex

• the United States is fundamentally racist or sexist

• an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously

• an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex

• members of one race or sex cannot and should not attempt to treat others without respect to race or sex

• an individual's moral character is necessarily determined by his or her race or sex

• an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex

• any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex

• meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

More: 'Divisive concepts' in Indiana anti-critical race theory bill found in more than 20 states

The divisive concepts banned by both SB 167 and HB 1134 are:

• That any sex, race, ethnicity, religion, color, national origin, or political affiliation is inherently superior or inferior to another sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That an individual, by virtue of their sex, race, ethnicity, religion, color, national origin, or political affiliation is inherently racist, sexist, or oppressive, whether consciously or unconsciously.

• That an individual should be discriminated against or receive adverse treatment solely or partly because of the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That members of any sex, race, ethnicity, religion, color, national origin, or political affiliation should not attempt to treat others without respect due to sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That an individual's moral character is necessarily determined by the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That an individual, by virtue of the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation, bears responsibility for actions committed in the past by other members of the same sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That any individual should feel discomfort, guilt, anguish responsibility, or any other form of psychological distress on account of the individual's sex, race, ethnicity, religion, color, national origin, or political affiliation.

• That meritocracy or traits such as hard work ethic are racist or sexist, or were created by members of a particular sex, race, ethnicity, religion, color, national origin, or political affiliation to oppress members of another sex, race, ethnicity, religion, color, national origin, or political affiliation.

Digital producer Jenny Porter Tilley and IndyStar reporters Arika Herron and Rory Appleton contributed to this report.

This article originally appeared on Indianapolis Star: HB 1134 dies in Indiana Senate and more about education bills in 2022