Introduced Version
HOUSE BILL No. 1251
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-13-3-39; IC 20-18-2-1.7; IC 20-19-3;
IC 20-27; IC 20-28; IC 20-29-2-13; IC 20-31; IC 20-37-2-13.
Synopsis: Various education matters. Requires the department of
education (department) to apply to the United States Department of
Education to establish and operate an innovative assessment system.
Requires the department to: (1) prepare a report that includes
information and recommendations regarding establishing and
implementing a parent-teacher compact program; and (2) submit the
report to the legislative council not later than November 1, 2022.
Provides that the state board of education (state board) shall, in
consultation with postsecondary educational institutions and various
businesses and industries, identify what skills or traits students need to
be successful upon completion of high school. Requires the state board
to make findings relating to academic standards needed to meet the
skills or traits identified by the state board. Requires the department to:
(1) develop academic standards that incorporate the findings of the
state board; and (2) reduce or consolidate the total amount of all
academic standards for each grade level by an amount equal to not less
than 75% of the number of academic standards in effect on January 1,
2022. Provides that: (1) the governing body of a school corporation
may issue an adjunct teacher permit to an individual who meets certain
requirements; and (2) if a governing body of a school corporation
issues an adjunct teacher permit to an individual, the school
corporation may enter into an employment agreement with the
individual as a part-time or full-time teacher of the school corporation.
Establishes requirements for adjunct teacher employment agreements.
Provides that these employment agreements are not subject to certain
requirements regarding teacher salaries and school corporation local
(Continued next page)
Effective: Upon passage; July 1, 2022.
Behning
January 6, 2022, read first time and referred to Committee on Education.
2022 IN 1251—LS 7066/DI 116 Digest Continued
compensation plans. Provides that: (1) an adjunct teacher is not a
school employee for purposes of collective bargaining; and (2) an
employment agreement with an adjunct teacher is not subject to a
collective bargaining agreement. Provides that it is not an unfair labor
practice for a school corporation to enter into an employment
agreement with an adjunct teacher. Requires the department to
establish an online adjunct teacher portal on the department's Internet
web site that allows: (1) a school corporation to post a vacant adjunct
teacher position; and (2) an individual to submit certain information or
inquiries regarding the position. Amends the definition of "primary use
of the building" for certain applicable high schools to mean, in part, an
occupancy classification most closely related to the intended use of the
building upon construction. Amends the definition of "appropriate
vehicle". Provides that a special purpose bus or an appropriate vehicle
may be used to transport students under certain circumstances.
Provides that the state board may adopt emergency rules relating to
school accreditation. Provides that the driver of a special purpose bus
or an appropriate vehicle must pass an expanded criminal history check
and an expanded child protection index check.
2022 IN 1251—LS 7066/DI 1162022 IN 1251—LS 7066/DI 116 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE BILL No. 1251
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-13-3-39, AS AMENDED BY P.L.243-2019,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 39. (a) The department is designated as the
4 authorized agency to receive requests for, process, and disseminate the
5 results of national criminal history background checks that comply with
6 this section and 42 U.S.C. 5119a.
7 (b) A qualified entity may contact the department to request a
8 national criminal history background check on any of the following
9 persons:
10 (1) A person who seeks to be or is employed with the qualified
11 entity. A request under this subdivision must be made not later
12 than three (3) months after the person is initially employed by the
13 qualified entity.
14 (2) A person who seeks to volunteer or is a volunteer with the
15 qualified entity. A request under this subdivision must be made
2022 IN 1251—LS 7066/DI 116 2
1 not later than three (3) months after the person initially volunteers
2 with the qualified entity.
3 (3) A person for whom a national criminal history background
4 check is required under any law relating to the licensing of a
5 home, center, or other facility for purposes of day care or
6 residential care of children.
7 (4) A person for whom a national criminal history background
8 check is permitted for purposes of:
9 (A) placement of a child in a foster family home, a prospective
10 adoptive home, or the home of a relative, legal guardian to
11 whom IC 29-3-8-9 applies, or other caretaker under section
12 27.5 of this chapter or IC 31-34;
13 (B) a report concerning an adoption as required by IC 31-19-8;
14 (C) collaborative care host homes and supervised independent
15 living arrangements as provided in IC 31-28-5.8-5.5; or
16 (D) reunification of a child with a parent, guardian, or
17 custodian as provided in IC 31-34-21-5.5.
18 (5) A person for whom a national criminal history background
19 check is required for the licensing of a group home, child caring
20 institution, child placing agency, or foster home under IC 31-27.
21 (6) A person for whom a national criminal history background
22 check is required for determining the individual's suitability as an
23 employee of a contractor of the state under section 38.5(a)(1) of
24 this chapter.
25 (c) A qualified entity must submit a request under subsection (b) in
26 the form required by the department and provide a set of the person's
27 fingerprints and any required fees with the request.
28 (d) If a qualified entity makes a request in conformity with
29 subsection (b), the department shall submit the set of fingerprints
30 provided with the request to the Federal Bureau of Investigation for a
31 national criminal history background check. The department shall
32 respond to the request in conformity with:
33 (1) the requirements of 42 U.S.C. 5119a; and
34 (2) the regulations prescribed by the Attorney General of the
35 United States under 42 U.S.C. 5119a.
36 (e) Subsection (f):
37 (1) applies to a qualified entity that:
38 (A) is not a school corporation or a special education
39 cooperative; or
40 (B) is a school corporation or a special education cooperative
41 and seeks a national criminal history background check for a
42 volunteer; and
2022 IN 1251—LS 7066/DI 116 3
1 (2) does not apply to a qualified entity that is a:
2 (A) home health agency licensed under IC 16-27-1; or
3 (B) personal services agency licensed under IC 16-27-4.
4 (f) After receiving the results of a national criminal history
5 background check from the Federal Bureau of Investigation, the
6 department shall make a determination whether the person who is the
7 subject of a request has been convicted of:
8 (1) an offense described in IC 20-26-5-11;
9 (2) in the case of a foster family home, a nonwaivable offense as
10 defined in IC 31-9-2-84.8;
11 (3) in the case of a prospective adoptive home, a nonwaivable
12 offense under IC 31-9-2-84.8;
13 (4) any other felony; or
14 (5) any misdemeanor;
15 and convey the determination to the requesting qualified entity.
16 (g) This subsection applies to a qualified entity that:
17 (1) is a school corporation or a special education cooperative; and
18 (2) seeks a national criminal history background check to
19 determine whether to employ or continue the employment of a
20 certificated employee, or a noncertificated employee, or an
21 adjunct teacher who holds a permit under IC 20-28-5-27 of a
22 school corporation or an equivalent position with a special
23 education cooperative.
24 After receiving the results of a national criminal history background
25 check from the Federal Bureau of Investigation, the department may
26 exchange identification records concerning convictions for offenses
27 described in IC 20-26-5-11 with the school corporation or special
28 education cooperative solely for purposes of making an employment
29 determination. The exchange may be made only for the official use of
30 the officials with authority to make the employment determination. The
31 exchange is subject to the restrictions on dissemination imposed under
32 P.L.92-544, (86 Stat. 1115) (1972).
33 (h) This subsection applies to a qualified entity (as defined in
34 IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
35 receiving the results of a national criminal history background check
36 from the Federal Bureau of Investigation, the department shall provide
37 a copy to the public agency. Except as permitted by federal law, the
38 public agency may not share the information contained in the national
39 criminal history background check with a private agency.
40 (i) This subsection applies to a qualified entity that is a:
41 (1) home health agency licensed under IC 16-27-1; or
42 (2) personal services agency licensed under IC 16-27-4.
2022 IN 1251—LS 7066/DI 116 4
1 After receiving the results of a national criminal history background
2 check from the Federal Bureau of Investigation, the department shall
3 make a determination whether the applicant has been convicted of an
4 offense described in IC 16-27-2-5(a) and convey the determination to
5 the requesting qualified entity.
6 (j) The department:
7 (1) may permanently retain an applicant's fingerprints submitted
8 under this section; and
9 (2) shall retain the applicant's fingerprints separately from
10 fingerprints collected under section 24 of this chapter.
11 SECTION 2. IC 20-18-2-1.7, AS ADDED BY P.L.216-2021,
12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 1.7. (a) "Appropriate vehicle" means a vehicle
14 that:
15 (1) is owned by a school corporation or contracted for by the
16 school corporation; and
17 (2) has a seating capacity of not more than eight (8) fifteen (15)
18 passengers, including the driver.
19 (b) The term includes a car, truck, sport utility vehicle, or minivan,
20 or van.
21 SECTION 3. IC 20-19-3-25 IS ADDED TO THE INDIANA CODE
22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
23 1, 2022]: Sec. 25. The department shall establish an online adjunct
24 teacher portal on the department's Internet web site that allows:
25 (1) a school corporation to post a vacant adjunct teacher
26 position; and
27 (2) an individual to:
28 (A) post a resume;
29 (B) post any other information requested by the school
30 corporation through the portal; and
31 (C) make inquiries to the school corporation through the
32 portal.
33 SECTION 4. IC 20-19-3-26 IS ADDED TO THE INDIANA CODE
34 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
35 1, 2022]: Sec. 26. (a) The department shall apply to the United
36 States Department of Education to establish and operate an
37 innovative assessment system in Indiana under 20 U.S.C. 6364.
38 (b) The application submitted in accordance with subsection (a)
39 must include the following:
40 (1) A plan to administer a statewide summative examination
41 in grade 3, grade 5, grade 8, and grade 11.
42 (2) A plan to assist schools in the assessment of subject matter
2022 IN 1251—LS 7066/DI 116 5
1 mastery in grades in which a statewide summative
2 examination is not administered.
3 SECTION 5. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 27. (a) The department shall prepare a
6 report that includes information and, as applicable,
7 recommendations regarding the following:
8 (1) Establishing and implementing a program concerning
9 parent-teacher compacts in Indiana that would allow the
10 following to be done by a teacher who enters into a compact
11 with a parent to teach the parent's child:
12 (A) Participate in the Indiana state teachers' retirement
13 fund under IC 5-10.4 and receive or participate in any
14 other relevant retirement benefits or programs.
15 (B) Receive tuition support for each student who the
16 teacher teaches under a parent-teacher compact.
17 (C) Participate in any state employee health plan, life
18 insurance plan, or disability insurance plan.
19 (2) The costs to the department in administering a
20 parent-teacher compact program.
21 (3) Costs associated with allowing teachers who enter into a
22 parent-teacher compact to participate in and receive tuition
23 support and benefits listed in subdivision (1)(A) through
24 (1)(C).
25 (4) Information that should be included in a parent-teacher
26 compact.
27 (5) Annual deadlines for submitting a parent-teacher compact
28 to the department.
29 (6) Any requirements under law that would or should apply
30 to teachers teaching under a parent-teacher compact,
31 including teacher qualifications, expanded criminal history
32 checks, and Indiana expanded child protection index checks.
33 (7) Any requirements under law that would or should apply
34 to a student taught under a parent-teacher compact.
35 (8) The manner in which the department would make tuition
36 support distributions to a teacher under a parent-teacher
37 compact program.
38 (9) Establishing, maintaining, and transferring education
39 records of students taught under a parent-teacher compact.
40 (10) Any other matters the department determines are
41 relevant regarding establishing and implementing a
42 parent-teacher compact program.
2022 IN 1251—LS 7066/DI 116 6
1 (b) Not later than November 1, 2022, the department shall
2 submit the report prepared under subsection (a) to the legislative
3 council in an electronic format under IC 5-14-6.
4 (c) This section expires July 1, 2023.
5 SECTION 6. IC 20-27-2-10, AS ADDED BY P.L.1-2005,
6 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle:
8 (1) that is designed and constructed for the accommodation of
9 more than ten (10) passengers;
10 (2) that:
11 (A) meets the federal school bus safety requirements under 49
12 U.S.C. 30125 except the:
13 (i) stop signal arm required under federal motor vehicle
14 safety standard (FMVSS) no. 131; and
15 (ii) flashing lamps required under federal motor vehicle
16 safety standard (FMVSS) no. 108;
17 (B) when owned by a school corporation and used to transport
18 students, complies with the Federal Motor Carrier Safety
19 Regulations as prescribed by the United States Department of
20 Transportation Federal Motor Carrier Safety Administration as
21 set forth in 49 CFR Chapter III Subchapter B; or
22 (C) when owned by a school corporation and used to transport
23 students, is a motor coach type bus; with a capacity of at least
24 thirty (30) passengers and a gross vehicle weight rating greater
25 than twenty-six thousand (26,000) pounds; and
26 (3) that is used by a school corporation for transportation
27 purposes appropriate under IC 20-27-9-5.
28 SECTION 7. IC 20-27-9-5, AS AMENDED BY P.L.155-2020,
29 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 5. (a) A special purpose bus or an appropriate
31 vehicle may be used:
32 (1) by a school corporation to provide regular transportation of a
33 student between one (1) school and another school but not or
34 between the student's residence and the school;
35 (2) to transport students and their supervisors, including coaches,
36 managers, and sponsors to athletic or other extracurricular school
37 activities and field trips;
38 (3) by a school corporation to provide transportation between an
39 individual's residence and the school for an individual enrolled in
40 a special program for the habilitation or rehabilitation of persons
41 with a developmental or physical disability, and, if applicable, the
42 individual's sibling;
2022 IN 1251—LS 7066/DI 116 7
(4) to transport homeless students under IC 20-27-12;1
2 (5) by a school corporation to provide regular transportation of an
3 individual described in section 4 or 7 of this chapter between the
4 individual's residence and the school; and
5 (6) to transport students to career and technical education
programs under IC 20-27-12.1.6
7 (b) The mileage limitation of section 3 of this chapter does not apply
8 to special purpose buses.
9 (c) The operator of a special purpose bus or appropriate vehicle
10 must be at least twenty-one (21) years of age, be authorized by the
11 school corporation, pass an expanded criminal history check and
12 expanded child protection index check as provided under
13 IC 20-26-5-10, and meet the following requirements:
14 (1) Except as provided in subdivision (2)(B) and in addition to the
15 license required under this subdivision, if the special purpose bus
16 has a capacity of less than sixteen (16) passengers, the operator
17 must hold a valid:
18 (A) operator's;
19 (B) chauffeur's;
20 (C) public passenger chauffeur's; or
21 (D) commercial driver's;
22 license.
23 (2) If the special purpose bus:
24 (A) has a capacity of more than fifteen (15) passengers; or
25 (B) is used to provide transportation to an individual described
in subsection (a)(3) or (a)(5);26
27 the operator must meet the requirements for a school bus driver
28 set out in IC 20-27-8.
29 (d) A special purpose bus is not required to be constructed,
30 equipped, or painted as specified for school buses under this article or
31 by the rules of the committee.
32 (e) An owner or operator of a special purpose bus, other than a
33 special purpose bus owned or operated by a school corporation or a
34 nonpublic school, is subject to IC 8-2.1.
35 SECTION 8. IC 20-27-9-12, AS AMENDED BY P.L.99-2007,
36 SECTION 174, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) As used in this section,
38 "child care center" means a nonresidential building where at least one
39 (1) child receives child care from a provider licensed under
40 IC 12-17.2-4:
41 (1) while unattended by a parent;
42 (2) for regular compensation; and
2022 IN 1251—LS 7066/DI 116 8
1 (3) for more than four (4) hours but less than twenty-four (24)
2 hours in each of ten (10) consecutive days per year, excluding
3 intervening Saturdays, Sundays, and holidays.
4 (b) This subsection does not apply to a person with a developmental
5 or physical disability who is provided transportation by a school
6 corporation by means of a special purpose bus as provided in section
7 5(a)(3) of this chapter. An individual or entity who transports children
8 in the care of a:
9 (1) preschool operated by a school corporation;
10 (2) public elementary school; or
11 (3) public secondary school;
12 on a public highway (as defined in IC 9-25-2-4) within or outside
13 Indiana shall transport the children only in a school bus, However, a
14 special purpose bus, or an appropriate vehicle. The school bus,
15 special purpose bus, or appropriate vehicle may be used for
16 transportation of the children to activities other than or for regular
17 transportation between the residences of the children and the school.
18 (c) An individual or entity that transports children in the care of a
19 child care center on a public highway (as defined in IC 9-25-2-4)
20 within or outside Indiana in a vehicle designed and constructed for the
21 accommodation of more than ten (10) passengers shall transport the
22 children only in a school bus or special purpose bus.
23 (d) The operator of a:
24 (1) school bus that transports children as required under
25 subsection (b) or (c) must meet the requirements of IC 20-27-8;
26 and
27 (2) special purpose bus or an appropriate vehicle that transports
28 children as required under subsection (b) or (c) must meet the
29 requirements of section 5(c) of this chapter.
30 (e) This section does not prohibit the use of a public transportation
31 system for the transportation of children if the motor carriage used is
32 designed to carry at least twenty (20) passengers.
33 (f) This section does not prohibit a:
34 (1) preschool operated by a school corporation;
35 (2) public elementary school;
36 (3) public secondary school; or
37 (4) child care center;
38 from contracting with a common carrier for incidental charter bus
39 service for nonregular transportation if the carrier and the carrier's
40 motor coach comply with the Federal Motor Carrier Safety Regulations
41 as prescribed by the United States Department of Transportation
42 Federal Highway Administration.
2022 IN 1251—LS 7066/DI 116 9
1 (g) Notwithstanding section 17 of this chapter, a person who
2 violates this section commits a Class B infraction.
3 SECTION 9. IC 20-28-5-27 IS ADDED TO THE INDIANA CODE
4 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
5 1, 2022]: Sec. 27. (a) The governing body of a school corporation
6 may issue an adjunct teacher permit to an individual if the
7 following requirements are met:
8 (1) The individual has, within the immediately preceding five
9 (5) years, at least four thousand (4,000) clock hours of
10 experience in the content area in which the individual intends
11 to teach.
12 (2) The school corporation conducts an expanded criminal
13 history check and child protection index check concerning the
14 individual as required under IC 20-26-5-10.
15 (3) The individual has not been convicted of a felony listed in
16 section 8(c) of this chapter or described in section 8(d) of this
17 chapter or the individual's conviction has been reversed,
18 vacated, or set aside on appeal.
19 (b) If a governing body of a school corporation issues an adjunct
20 teacher permit to an individual under subsection (a), the following
21 apply:
22 (1) The school corporation may enter into an employment
23 agreement for employment with the individual as a part-time
24 or full-time teacher of the school corporation.
25 (2) The individual who holds the adjunct permit may teach in
26 any content area in which the school corporation allows the
27 individual to teach based on the individual's experience
28 described in subsection (a). However, the individual may not
29 teach special education under an adjunct teacher permit.
30 (c) The salary of an adjunct teacher under an employment
31 agreement described in IC 20-28-6-7.3 is not subject to the
32 requirements under IC 20-28-9-1.5 or a local compensation plan
33 established by a school corporation as described in IC 20-28-9-1.5.
34 (d) Except as otherwise provided in a collective bargaining
35 agreement entered into or renewed before January 1, 2022, an
36 employment agreement entered into under this section is not
37 subject to a collective bargaining agreement entered into under
38 IC 20-29.
39 (e) It is not an unfair practice for a school corporation to enter
40 into an employment agreement under this section.
41 (f) A school corporation may post a vacant adjunct teacher
42 position on the department's online adjunct teacher portal
2022 IN 1251—LS 7066/DI 116 10
1 established under IC 20-19-3-25.
2 SECTION 10. IC 20-28-6-2, AS AMENDED BY P.L.43-2021,
3 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2022]: Sec. 2. (a) Except as provided under section 7.3 of
5 this chapter, a contract entered into by a teacher and a school
6 corporation must:
7 (1) be in writing;
8 (2) be signed by both parties; and
9 (3) contain the:
10 (A) beginning date of the school term as determined annually
11 by the school corporation;
12 (B) number of days in the school term as determined annually
13 by the school corporation;
14 (C) total salary to be paid to the teacher during the school year;
15 (D) number of salary payments to be made to the teacher
16 during the school year; and
17 (E) number of hours per day the teacher is expected to work,
18 as discussed pursuant to IC 20-29-6-7.
19 (b) The contract may provide for the annual determination of the
20 teacher's annual compensation based on a local compensation plan
21 specifying a salary range, which is part of the contract. The
22 compensation plan may be changed by the school corporation before
23 the later of May 1 of a year, with the changes effective the next school
24 year, or the date specified in a collective bargaining agreement
25 applicable to the next school year. A teacher affected by the changes
26 shall be furnished with printed copies of the changed compensation
27 plan not later than thirty (30) days after the adoption of the
28 compensation plan.
29 (c) A contract under this section is also governed by the following
30 statutes:
31 (1) IC 20-28-9-5 through IC 20-28-9-6.
32 (2) IC 20-28-9-9 through IC 20-28-9-11.
33 (3) IC 20-28-9-13.
34 (4) IC 20-28-9-14.
35 (d) A governing body shall provide the blank contract forms,
36 carefully worded by the secretary of education, and have them signed.
37 The contracts are public records open to inspection by the residents of
38 each school corporation.
39 (e) An action may be brought on a contract that conforms with
40 subsections (a)(1), (a)(2), and (d).
41 SECTION 11. IC 20-28-6-4, AS ADDED BY P.L.1-2005,
42 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2022 IN 1251—LS 7066/DI 116 11
1 JULY 1, 2022]: Sec. 4. (a) This section does not apply to:
2 (1) a teacher employed as a substitute teacher; or
3 (2) an individual who holds an adjunct teacher permit issued
4 by the governing body of a school corporation under
5 IC 20-28-5-27.
6 (b) A teacher employed in a public school must be employed on a
7 uniform teacher's contract or a supplemental service teacher's contract.
8 SECTION 12. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) An employment
11 agreement entered into between a school corporation and an
12 individual who holds an adjunct teacher permit issued by the
13 governing body of a school corporation under IC 20-28-5-27 must:
14 (1) be in writing;
15 (2) be signed by both parties; and
16 (3) contain the following:
17 (A) The total salary to be paid to the adjunct teacher
18 during the school year.
19 (B) The number of salary payments to be made to the
20 adjunct teacher during the school year.
21 (C) The number of hours per day the adjunct teacher is
22 expected to work.
23 (D) An expiration date that is not later than the end of the
24 school year.
25 (b) An employment agreement under this section is a public
26 record open to inspection by the residents of each school
27 corporation.
28 SECTION 13. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
29 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
31 for a teacher employed by a school corporation. Compensation
32 attributable to additional degrees or graduate credits earned before the
33 effective date of a local compensation plan created under this chapter
34 before July 1, 2015, shall continue for school years beginning after
35 June 30, 2015. Compensation attributable to additional degrees for
36 which a teacher has started course work before July 1, 2011, and
37 completed course work before September 2, 2014, shall also continue
38 for school years beginning after June 30, 2015. For school years
39 beginning after June 30, 2015, a school corporation may provide a
40 supplemental payment to a teacher in excess of the salary specified in
41 the school corporation's compensation plan under any of the following
42 circumstances:
2022 IN 1251—LS 7066/DI 116 12
1 (1) The teacher:
2 (A) teaches an advanced placement course or a Cambridge
3 International course; or
4 (B) has earned a master's degree from an accredited
5 postsecondary educational institution in a content area directly
6 related to the subject matter of:
7 (i) a dual credit course; or
8 (ii) another course;
9 taught by the teacher.
10 (2) Beginning after June 30, 2018, the teacher:
11 (A) is a special education professional; or
12 (B) teaches in the areas of science, technology, engineering, or
13 mathematics.
14 (3) Beginning after June 30, 2019, the teacher teaches a career or
15 technical education course.
16 In addition, a supplemental payment may be made to an elementary
17 school teacher who earns a master's degree in math, reading, or
18 literacy. A supplement provided under this subsection is not subject to
19 collective bargaining, but a discussion of the supplement must be held.
20 Such a supplement is in addition to any increase permitted under
21 subsection (b).
22 (b) Increases or increments in a local salary range must be based
23 upon a combination of the following factors:
24 (1) A combination of the following factors taken together may
25 account for not more than fifty percent (50%) of the calculation
26 used to determine a teacher's increase or increment:
27 (A) The number of years of a teacher's experience.
28 (B) The possession of either:
29 (i) additional content area degrees beyond the requirements
30 for employment; or
31 (ii) additional content area degrees and credit hours beyond
32 the requirements for employment, if required under an
33 agreement bargained under IC 20-29.
34 (2) The results of an evaluation conducted under IC 20-28-11.5.
35 (3) The assignment of instructional leadership roles, including the
36 responsibility for conducting evaluations under IC 20-28-11.5.
37 (4) The academic needs of students in the school corporation.
38 (c) To provide greater flexibility and options, a school corporation
39 may differentiate the amount of salary increases or increments
40 determined for teachers. A school corporation shall base a
41 differentiated amount under this subsection on reasons the school
42 corporation determines are appropriate, which may include the:
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1 (1) subject or subjects, including the subjects described in
2 subsection (a)(2), taught by a given teacher;
3 (2) importance of retaining a given teacher at the school
4 corporation; and
5 (3) need to attract an individual with specific qualifications to fill
6 a teaching vacancy.
7 (d) A school corporation may provide differentiated increases or
8 increments under subsection (b), and in excess of the percentage
9 specified in subsection (b)(1), in order to:
10 (1) reduce the gap between the school corporation's minimum
11 teacher salary and the average of the school corporation's
12 minimum and maximum teacher salaries; or
13 (2) allow teachers currently employed by the school corporation
14 to receive a salary adjusted in comparison to starting base salaries
15 of new teachers.
16 (e) Except as provided in subsection (f), a teacher rated ineffective
17 or improvement necessary under IC 20-28-11.5 may not receive any
18 raise or increment for the following year if the teacher's employment
19 contract is continued. The amount that would otherwise have been
20 allocated for the salary increase of teachers rated ineffective or
21 improvement necessary shall be allocated for compensation of all
22 teachers rated effective and highly effective based on the criteria in
23 subsection (b).
24 (f) Subsection (e) does not apply to a teacher in the first two (2) full
25 school years that the teacher provides instruction to students in
26 elementary school or high school. If a teacher provides instruction to
27 students in elementary school or high school in another state, any full
28 school year, or its equivalent in the other state, that the teacher provides
29 instruction counts toward the two (2) full school years under this
30 subsection.
31 (g) A teacher who does not receive a raise or increment under
32 subsection (e) may file a request with the superintendent or
33 superintendent's designee not later than five (5) days after receiving
34 notice that the teacher received a rating of ineffective. The teacher is
35 entitled to a private conference with the superintendent or
36 superintendent's designee.
37 (h) The Indiana education employment relations board established
38 in IC 20-29-3-1 shall publish a model compensation plan with a model
39 salary range that a school corporation may adopt.
40 (i) Each school corporation shall submit its local compensation plan
41 to the Indiana education employment relations board. For a school year
42 beginning after June 30, 2015, a local compensation plan must specify
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1 the range for teacher salaries. The Indiana education employment
2 relations board shall publish the local compensation plans on the
3 Indiana education employment relations board's Internet web site.
4 (j) The Indiana education employment relations board shall review
5 a compensation plan for compliance with this section as part of its
6 review under IC 20-29-6-6.1. The Indiana education employment
7 relations board has jurisdiction to determine compliance of a
8 compensation plan submitted under this section.
9 (k) This chapter may not be construed to require or allow a school
10 corporation to decrease the salary of any teacher below the salary the
11 teacher was earning on or before July 1, 2015, if that decrease would
12 be made solely to conform to the new compensation plan.
13 (l) After June 30, 2011, all rights, duties, or obligations established
14 under IC 20-28-9-1 before its repeal are considered rights, duties, or
15 obligations under this section.
16 (m) An employment agreement described in IC 20-28-6-7.3
17 between an adjunct teacher and a school corporation is not subject
18 to this section.
19 SECTION 14. IC 20-29-2-13, AS ADDED BY P.L.1-2005,
20 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2022]: Sec. 13. "School employee" means a full-time
22 certificated person in the employment of the school employer. A school
23 employee is considered full time even though the employee does not
24 work during school vacation periods and accordingly works less than
25 a full year. The term does not include:
26 (1) supervisors;
27 (2) confidential employees;
28 (3) employees performing security work; and
29 (4) noncertificated employees; and
30 (5) adjunct teachers who hold permits issued under
31 IC 20-28-5-27.
32 SECTION 15. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
33 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
35 concise, and jargon free state academic standards that are comparable
36 to national and international academic standards and the college and
37 career readiness educational standards adopted under IC 20-19-2-14.5.
38 These academic standards must be adopted for each grade level from
39 kindergarten through grade 12 for the following subjects:
40 (1) English/language arts.
41 (2) Mathematics.
42 (3) Social studies.
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1 (4) Science.
2 (b) For grade levels tested under the statewide assessment program,
3 the academic standards must be based in part on the results of the
4 statewide assessment program.
5 (c) The state board shall, in consultation with postsecondary
6 educational institutions and various businesses and industries,
7 identify what skills or traits students need to be successful upon
8 completion of high school. The state board shall request
9 information from postsecondary educational institutions and
10 various businesses and industries necessary to make findings under
11 this subsection. The state board shall request that a business, an
12 industry, or a postsecondary educational institution that is not a
13 state educational institution submit its response within sixty (60)
14 days of the request. A state educational institution asked to submit
15 information under this subsection shall submit its response to the
16 state board within sixty (60) days of the request.
17 (d) Upon receipt and review of the information received under
18 subsection (c), the state board shall make findings relating to
19 academic standards needed to meet the skills or traits identified by
20 the state board and shall direct the department to develop
21 academic standards that incorporate those findings. In addition,
22 the state board shall direct the department to reduce or consolidate
23 the total amount of all academic standards for each grade level by
24 an amount equal to not less than seventy-five percent (75%) of the
25 number of academic standards in effect for:
26 (1) a particular elementary school grade on January 1, 2022;
27 or
28 (2) each particular high school course on January 1, 2022.
29 The academic standards developed under this subsection must be
30 included within the reduced number of academic standards
31 required by this subsection. The department shall submit the
32 academic standards to the state board for approval in a manner
33 prescribed by the state board and the state board shall approve
34 academic standards in accordance with the requirements described
35 in this subsection not later than June 1, 2023.
36 SECTION 16. IC 20-31-3-3, AS AMENDED BY P.L.73-2011,
37 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 UPON PASSAGE]: Sec. 3. The department shall revise and update
39 academic standards:
40 (1) for each grade level from kindergarten through grade 12; and
41 (2) in each subject area listed in section 2 of this chapter;
42 at least once every six (6) years in addition to the requirements
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1 described in section 1(d) of this chapter. This revision must occur on
2 a cyclical basis.
3 SECTION 17. IC 20-31-4.1-10, AS ADDED BY P.L.92-2020,
4 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 UPON PASSAGE]: Sec. 10. The state board shall adopt rules under
6 IC 4-22-2 and may adopt emergency rules under IC 4-22-2-37.1,
7 necessary to implement this chapter.
8 SECTION 18. IC 20-37-2-13, AS ADDED BY P.L.187-2021,
9 SECTION 62 AND P.L.216-2021, SECTION 44, IS AMENDED TO
10 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) As
11 used in this section, "applicable high school" means a high school at
12 which all the students participate in a work based learning course (as
13 defined in IC 20-43-8-0.7) or school based enterprise.
14 (b) As used in this section, "primary use of the building" means an
15 occupancy classification that is:
16 (1) most closely related to the intended use of the building upon
17 construction; and
18 (2) determined by the rules of the fire prevention and building
19 safety commission established by IC 22-12-2-1 in effect at the
20 time that the applicable high school is first opened.
21 (c) An applicable high school shall comply with all rules of the fire
22 prevention and building safety commission applicable to the primary
23 use of the building.
24 SECTION 19. [EFFECTIVE UPON PASSAGE] (a) The Indiana
25 state board of education shall amend rules under IAC 575 as
26 necessary to comply with IC 20-18-2-1.7 and IC 20-27, as amended
27 by this act.
28 (b) This SECTION expires on June 30, 2023.
29 SECTION 20. An emergency is declared for this act.
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