Karen Celestino-Horseman: We need to be saved from the Legislature

The Indiana Legislature is halfway through the session that could address issues that desperately need attention (and I intentionally use the word “could”).

In 2021, Indiana ranked 42nd in the nation for mental health, 35th for overall health, 48th for the natural environment, 32nd in education, 32nd in infrastructure and fiscal stability, and 32nd overall. In 2022, Indiana was ranked 13th among the states with the most underprivileged children. So what are Hoosier legislators focusing upon?

There is Senate Bill 12, which requires all school corporations and charter schools to make public a list of every book contained within the library. Any parent could seek removal of any book on the subjective grounds that the parent thinks the book is “inappropriate.” The complaint is initially heard by the librarian and then can be appealed to an appeal committee and from there to the school board.

And while it is currently a felony to disseminate material that is harmful to a minor, it would no longer be a defense that the material was offered for educational purposes, but it would be a defense that the material was offered for scientific purposes. Is sex education taught by the high school coach a science class? I have no idea.

Under the House proposed budget, legislators are claiming that parents will no longer have to pay textbook and curricular fees for students K-12. What they omit to tell parents is that the school corporations will have to foot the bill, which means limited resources will have to be shifted to cover the cost. House Republicans wants to increase K-12 funding by $2 billion, but (and you knew there had to be a “but”), one-third of that money is earmarked to expand school choice vouchers. Public schools will have to use one-fifth of the money to cover textbooks.

In the meantime, there are no new dollars to increase teacher pay, which is approximately $10,000 lower than the national average. In 2022, 10% of the state’s K-12 teaching staff had to be granted emergency licenses because there is a teacher shortage. The Legislature apparently believes teachers will throng to Indiana once they find out they can make less money and potentially face criminal charges for teaching with materials the teacher thought was educational but maybe not, depending upon who is judging.

Young professionals will certainly want to move to Indiana once they understand how our Legislature is so forward-thinking. A Senate bill outlaws doctors from providing “gender transition procedures.” This would include psychological assistance intended to assist a child in transition.

Another Senate bill would prohibit local governments from passing laws prohibiting conversion therapy, which is a practice attempting to change sexual orientation, gender identity or gender expression to heterosexual or cisgender norms. The American Psychiatric Association opposes conversion therapy and notes that it has been shown to lead to self-loathing and other psychological problems.

So while a parent can seek to ban a book because the parent subjectively thinks the book is an undefined “inappropriate” and can force their child through potentially psychologically damaging conversion therapy, that same parent cannot seek psychological treatment for their child in transition.

I could go on and discuss the bill that requires school corporations to give away real estate to charter schools, and don’t even get me started on the bill that prohibits local governments from banning the sale of puppy-mill dogs, but I am out of space. You get the picture.•

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Celestino-Horseman is an Indianapolis attorney. Send comments to ibjedit@ibj.com.

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