*HB1251.1*
January 24, 2022
HOUSE BILL No. 1251
_____
DIGEST OF HB 1251 (Updated January 24, 2022 2:03 pm - DI 147)
Citations Affected: IC 10-13; IC 20-18; IC 20-19; IC 20-27;
IC 20-28; IC 20-29; IC 20-31; IC 20-37; noncode.
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 department
to conduct a research study of academic standards. 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
(Continued next page)
Effective: Upon passage; July 1, 2022.
Behning, Carbaugh, Davis,
Goodrich
January 6, 2022, read first time and referred to Committee on Education.
January 24, 2022, amended, reported — Do Pass.
HB 1251—LS 7066/DI 116 Digest Continued
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 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.
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.
HB 1251—LS 7066/DI 116HB 1251—LS 7066/DI 116 January 24, 2022
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
HB 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
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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.
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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. (a) The department shall establish an online
24 adjunct teacher portal on the department's Internet web site that
25 allows:
26 (1) a school corporation to post a vacant adjunct teacher
27 position; and
28 (2) an individual to:
29 (A) post a resume;
30 (B) post any other information requested by the school
31 corporation through the portal;
32 (C) make inquiries to the school corporation through the
33 portal; and
34 (D) view information relating to adjunct teachers
35 employed by a particular school corporation reported to
36 the department under subsection (b).
37 (b) Each school corporation that hires an adjunct teacher shall
38 report to the department the following information:
39 (1) The number of adjunct teachers who hold a permit issued
40 under IC 20-28-5-27 the school corporation has hired for each
41 academic year, disaggregated by the grade level and subject
42 area taught by the adjunct teacher.
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1 (2) The following information for each adjunct teacher
2 described in subdivision (1):
3 (A) The name of the adjunct teacher.
4 (B) The subject matter the adjunct teacher is permitted to
5 teach.
6 (C) A description of the adjunct teacher's experience
7 described in IC 20-28-5-27(a)(1).
8 (D) The adjunct teacher's total salary and any other
9 compensation paid to the adjunct teacher during the school
10 year.
11 (E) The number of previous adjunct teaching contracts the
12 adjunct teacher has entered into with the school
13 corporation or any other school corporation.
14 The department shall post the information under this subsection on
15 the department's portal described in subsection (a).
16 SECTION 4. IC 20-19-3-26 IS ADDED TO THE INDIANA CODE
17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
18 1, 2022]: Sec. 26. (a) The department shall apply to the United
19 States Department of Education to establish and operate an
20 innovative assessment system in Indiana under 20 U.S.C. 6364.
21 (b) The application submitted in accordance with subsection (a)
22 must include the following:
23 (1) A plan to administer a statewide summative examination
24 in grade 3, grade 5, grade 8, and grade 11.
25 (2) A plan to assist schools in the assessment of subject matter
26 mastery in grades in which a statewide summative
27 examination is not administered.
28 SECTION 5. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
30 UPON PASSAGE]: Sec. 27. (a) The department shall prepare a
31 report that includes information and, as applicable,
32 recommendations regarding the following:
33 (1) Establishing and implementing a program concerning
34 parent-teacher compacts in Indiana that would allow the
35 following to be done by a teacher who enters into a compact
36 with a parent to teach the parent's child:
37 (A) Participate in the Indiana state teachers' retirement
38 fund under IC 5-10.4 and receive or participate in any
39 other relevant retirement benefits or programs.
40 (B) Receive tuition support for each student who the
41 teacher teaches under a parent-teacher compact.
42 (C) Participate in any state employee health plan, life
HB 1251—LS 7066/DI 116 6
1 insurance plan, or disability insurance plan.
2 (2) The costs to the department in administering a
3 parent-teacher compact program.
4 (3) Costs associated with allowing teachers who enter into a
5 parent-teacher compact to participate in and receive tuition
6 support and benefits listed in subdivision (1)(A) through
7 (1)(C).
8 (4) Information that should be included in a parent-teacher
9 compact.
10 (5) Annual deadlines for submitting a parent-teacher compact
11 to the department.
12 (6) Any requirements under law that would or should apply
13 to teachers teaching under a parent-teacher compact,
14 including teacher qualifications, expanded criminal history
15 checks, and Indiana expanded child protection index checks.
16 (7) Any requirements under law that would or should apply
17 to a student taught under a parent-teacher compact.
18 (8) The manner in which the department would make tuition
19 support distributions to a teacher under a parent-teacher
20 compact program.
21 (9) Establishing, maintaining, and transferring education
22 records of students taught under a parent-teacher compact.
23 (10) Any other matters the department determines are
24 relevant regarding establishing and implementing a
25 parent-teacher compact program.
26 (b) Not later than November 1, 2022, the department shall
27 submit the report prepared under subsection (a) to the legislative
28 council in an electronic format under IC 5-14-6.
29 (c) This section expires July 1, 2023.
30 SECTION 6. IC 20-27-2-10, AS ADDED BY P.L.1-2005,
31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle:
33 (1) that is designed and constructed for the accommodation of
34 more than ten (10) passengers;
35 (2) that:
36 (A) meets the federal school bus safety requirements under 49
37 U.S.C. 30125 except the:
38 (i) stop signal arm required under federal motor vehicle
39 safety standard (FMVSS) no. 131; and
40 (ii) flashing lamps required under federal motor vehicle
41 safety standard (FMVSS) no. 108;
42 (B) when owned by a school corporation and used to transport
HB 1251—LS 7066/DI 116 7
1 students, complies with the Federal Motor Carrier Safety
2 Regulations as prescribed by the United States Department of
3 Transportation Federal Motor Carrier Safety Administration as
4 set forth in 49 CFR Chapter III Subchapter B; or
5 (C) when owned by a school corporation and used to transport
6 students, is a motor coach type bus; with a capacity of at least
7 thirty (30) passengers and a gross vehicle weight rating greater
8 than twenty-six thousand (26,000) pounds; and
9 (3) that is used by a school corporation for transportation
10 purposes appropriate under IC 20-27-9-5.
11 SECTION 7. IC 20-27-9-5, AS AMENDED BY P.L.155-2020,
12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 5. (a) A special purpose bus or an appropriate
14 vehicle may be used:
15 (1) by a school corporation to provide regular transportation of a
16 student between one (1) school and another school but not or
17 between the student's residence and the school;
18 (2) to transport students and their supervisors, including coaches,
19 managers, and sponsors to athletic or other extracurricular school
20 activities and field trips;
21 (3) by a school corporation to provide transportation between an
22 individual's residence and the school for an individual enrolled in
23 a special program for the habilitation or rehabilitation of persons
24 with a developmental or physical disability, and, if applicable, the
25 individual's sibling;
(4) to transport homeless students under IC 20-27-12;26
27 (5) by a school corporation to provide regular transportation of an
28 individual described in section 4 or 7 of this chapter between the
29 individual's residence and the school; and
30 (6) to transport students to career and technical education
programs under IC 20-27-12.1.31
32 (b) The mileage limitation of section 3 of this chapter does not apply
33 to special purpose buses.
34 (c) The operator of a special purpose bus or appropriate vehicle
35 must be at least twenty-one (21) years of age, be authorized by the
36 school corporation, pass an expanded criminal history check and
37 expanded child protection index check as provided under
38 IC 20-26-5-10, and meet the following requirements:
39 (1) Except as provided in subdivision (2)(B) and in addition to the
40 license required under this subdivision, if the special purpose bus
41 has a capacity of less than sixteen (16) passengers, the operator
42 must hold a valid:
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1 (A) operator's;
2 (B) chauffeur's;
3 (C) public passenger chauffeur's; or
4 (D) commercial driver's;
5 license.
6 (2) If the special purpose bus:
7 (A) has a capacity of more than fifteen (15) passengers; or
8 (B) is used to provide transportation to an individual described
in subsection (a)(3) or (a)(5);9
10 the operator must meet the requirements for a school bus driver
11 set out in IC 20-27-8.
12 (d) A special purpose bus is not required to be constructed,
13 equipped, or painted as specified for school buses under this article or
14 by the rules of the committee.
15 (e) An owner or operator of a special purpose bus, other than a
16 special purpose bus owned or operated by a school corporation or a
17 nonpublic school, is subject to IC 8-2.1.
18 SECTION 8. IC 20-27-9-12, AS AMENDED BY P.L.99-2007,
19 SECTION 174, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) As used in this section,
21 "child care center" means a nonresidential building where at least one
22 (1) child receives child care from a provider licensed under
23 IC 12-17.2-4:
24 (1) while unattended by a parent;
25 (2) for regular compensation; and
26 (3) for more than four (4) hours but less than twenty-four (24)
27 hours in each of ten (10) consecutive days per year, excluding
28 intervening Saturdays, Sundays, and holidays.
29 (b) This subsection does not apply to a person with a developmental
30 or physical disability who is provided transportation by a school
31 corporation by means of a special purpose bus as provided in section
32 5(a)(3) of this chapter. An individual or entity who transports children
33 in the care of a:
34 (1) preschool operated by a school corporation;
35 (2) public elementary school; or
36 (3) public secondary school;
37 on a public highway (as defined in IC 9-25-2-4) within or outside
38 Indiana shall transport the children only in a school bus, However, a
39 special purpose bus, or an appropriate vehicle. The school bus,
40 special purpose bus, or appropriate vehicle may be used for
41 transportation of the children to activities other than or for regular
42 transportation between the residences of the children and the school.
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1 (c) An individual or entity that transports children in the care of a
2 child care center on a public highway (as defined in IC 9-25-2-4)
3 within or outside Indiana in a vehicle designed and constructed for the
4 accommodation of more than ten (10) passengers shall transport the
5 children only in a school bus or special purpose bus.
6 (d) The operator of a:
7 (1) school bus that transports children as required under
8 subsection (b) or (c) must meet the requirements of IC 20-27-8;
9 and
10 (2) special purpose bus or an appropriate vehicle that transports
11 children as required under subsection (b) or (c) must meet the
12 requirements of section 5(c) of this chapter.
13 (e) This section does not prohibit the use of a public transportation
14 system for the transportation of children if the motor carriage used is
15 designed to carry at least twenty (20) passengers.
16 (f) This section does not prohibit a:
17 (1) preschool operated by a school corporation;
18 (2) public elementary school;
19 (3) public secondary school; or
20 (4) child care center;
21 from contracting with a common carrier for incidental charter bus
22 service for nonregular transportation if the carrier and the carrier's
23 motor coach comply with the Federal Motor Carrier Safety Regulations
24 as prescribed by the United States Department of Transportation
25 Federal Highway Administration.
26 (g) Notwithstanding section 17 of this chapter, a person who
27 violates this section commits a Class B infraction.
28 SECTION 9. IC 20-28-5-27 IS ADDED TO THE INDIANA CODE
29 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30 1, 2022]: Sec. 27. (a) The governing body of a school corporation
31 may issue an adjunct teacher permit to an individual if the
32 following requirements are met:
33 (1) The individual has, within the immediately preceding five
34 (5) years, at least four thousand (4,000) clock hours of
35 experience in the content area in which the individual intends
36 to teach.
37 (2) The school corporation conducts an expanded criminal
38 history check and child protection index check concerning the
39 individual as required under IC 20-26-5-10.
40 (3) The individual has not been convicted of a felony listed in
41 section 8(c) of this chapter or described in section 8(d) of this
42 chapter or the individual's conviction has been reversed,
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1 vacated, or set aside on appeal.
2 (b) If a governing body of a school corporation issues an adjunct
3 teacher permit to an individual under subsection (a), the following
4 apply:
5 (1) The school corporation may enter into an employment
6 agreement for employment with the individual as a part-time
7 or full-time teacher of the school corporation.
8 (2) The individual who holds the adjunct permit may teach in
9 any content area in which the school corporation allows the
10 individual to teach based on the individual's experience
11 described in subsection (a). However, the individual may not
12 teach special education under an adjunct teacher permit.
13 (3) Within the first ninety (90) days of employment, the
14 individual must complete training required under the
15 following:
16 (A) IC 20-26-5-34.2 (bullying prevention).
17 (B) IC 20-28-3-4.5 (training on child abuse and neglect).
18 (C) IC 20-28-3-6 (youth suicide awareness and prevention
19 training).
20 (D) IC 20-28-3-7 (training on human trafficking).
21 (c) The salary of an adjunct teacher under an employment
22 agreement described in IC 20-28-6-7.3 is not subject to the
23 requirements under IC 20-28-9-1.5 or a local compensation plan
24 established by a school corporation as described in IC 20-28-9-1.5.
25 (d) Except as otherwise provided in a collective bargaining
26 agreement entered into or renewed before January 1, 2022, an
27 employment agreement entered into under this section is not
28 subject to a collective bargaining agreement entered into under
29 IC 20-29.
30 (e) It is not an unfair practice for a school corporation to enter
31 into an employment agreement under this section.
32 (f) A school corporation may post a vacant adjunct teacher
33 position on the department's online adjunct teacher portal
34 established under IC 20-19-3-25.
35 SECTION 10. IC 20-28-6-2, AS AMENDED BY P.L.43-2021,
36 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2022]: Sec. 2. (a) Except as provided under section 7.3 of
38 this chapter, a contract entered into by a teacher and a school
39 corporation must:
40 (1) be in writing;
41 (2) be signed by both parties; and
42 (3) contain the:
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1 (A) beginning date of the school term as determined annually
2 by the school corporation;
3 (B) number of days in the school term as determined annually
4 by the school corporation;
5 (C) total salary to be paid to the teacher during the school year;
6 (D) number of salary payments to be made to the teacher
7 during the school year; and
8 (E) number of hours per day the teacher is expected to work,
9 as discussed pursuant to IC 20-29-6-7.
10 (b) The contract may provide for the annual determination of the
11 teacher's annual compensation based on a local compensation plan
12 specifying a salary range, which is part of the contract. The
13 compensation plan may be changed by the school corporation before
14 the later of May 1 of a year, with the changes effective the next school
15 year, or the date specified in a collective bargaining agreement
16 applicable to the next school year. A teacher affected by the changes
17 shall be furnished with printed copies of the changed compensation
18 plan not later than thirty (30) days after the adoption of the
19 compensation plan.
20 (c) A contract under this section is also governed by the following
21 statutes:
22 (1) IC 20-28-9-5 through IC 20-28-9-6.
23 (2) IC 20-28-9-9 through IC 20-28-9-11.
24 (3) IC 20-28-9-13.
25 (4) IC 20-28-9-14.
26 (d) A governing body shall provide the blank contract forms,
27 carefully worded by the secretary of education, and have them signed.
28 The contracts are public records open to inspection by the residents of
29 each school corporation.
30 (e) An action may be brought on a contract that conforms with
31 subsections (a)(1), (a)(2), and (d).
32 SECTION 11. IC 20-28-6-4, AS ADDED BY P.L.1-2005,
33 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2022]: Sec. 4. (a) This section does not apply to:
35 (1) a teacher employed as a substitute teacher; or
36 (2) an individual who holds an adjunct teacher permit issued
37 by the governing body of a school corporation under
38 IC 20-28-5-27.
39 (b) A teacher employed in a public school must be employed on a
40 uniform teacher's contract or a supplemental service teacher's contract.
41 SECTION 12. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
42 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) An employment
2 agreement entered into between a school corporation and an
3 individual who holds an adjunct teacher permit issued by the
4 governing body of a school corporation under IC 20-28-5-27 must:
5 (1) be in writing;
6 (2) be signed by both parties; and
7 (3) contain the following:
8 (A) The total salary and any other compensation to be paid
9 to the adjunct teacher during the school year.
10 (B) The number of salary payments to be made to the
11 adjunct teacher during the school year.
12 (C) The number of hours per day the adjunct teacher is
13 expected to work.
14 (D) An expiration date that is not later than the end of the
15 school year.
16 (b) An employment agreement under this section is a public
17 record open to inspection.
18 SECTION 13. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
19 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
21 for a teacher employed by a school corporation. Compensation
22 attributable to additional degrees or graduate credits earned before the
23 effective date of a local compensation plan created under this chapter
24 before July 1, 2015, shall continue for school years beginning after
25 June 30, 2015. Compensation attributable to additional degrees for
26 which a teacher has started course work before July 1, 2011, and
27 completed course work before September 2, 2014, shall also continue
28 for school years beginning after June 30, 2015. For school years
29 beginning after June 30, 2015, a school corporation may provide a
30 supplemental payment to a teacher in excess of the salary specified in
31 the school corporation's compensation plan under any of the following
32 circumstances:
33 (1) The teacher:
34 (A) teaches an advanced placement course or a Cambridge
35 International course; or
36 (B) has earned a master's degree from an accredited
37 postsecondary educational institution in a content area directly
38 related to the subject matter of:
39 (i) a dual credit course; or
40 (ii) another course;
41 taught by the teacher.
42 (2) Beginning after June 30, 2018, the teacher:
HB 1251—LS 7066/DI 116 13
1 (A) is a special education professional; or
2 (B) teaches in the areas of science, technology, engineering, or
3 mathematics.
4 (3) Beginning after June 30, 2019, the teacher teaches a career or
5 technical education course.
6 In addition, a supplemental payment may be made to an elementary
7 school teacher who earns a master's degree in math, reading, or
8 literacy. A supplement provided under this subsection is not subject to
9 collective bargaining, but a discussion of the supplement must be held.
10 Such a supplement is in addition to any increase permitted under
11 subsection (b).
12 (b) Increases or increments in a local salary range must be based
13 upon a combination of the following factors:
14 (1) A combination of the following factors taken together may
15 account for not more than fifty percent (50%) of the calculation
16 used to determine a teacher's increase or increment:
17 (A) The number of years of a teacher's experience.
18 (B) The possession of either:
19 (i) additional content area degrees beyond the requirements
20 for employment; or
21 (ii) additional content area degrees and credit hours beyond
22 the requirements for employment, if required under an
23 agreement bargained under IC 20-29.
24 (2) The results of an evaluation conducted under IC 20-28-11.5.
25 (3) The assignment of instructional leadership roles, including the
26 responsibility for conducting evaluations under IC 20-28-11.5.
27 (4) The academic needs of students in the school corporation.
28 (c) To provide greater flexibility and options, a school corporation
29 may differentiate the amount of salary increases or increments
30 determined for teachers. A school corporation shall base a
31 differentiated amount under this subsection on reasons the school
32 corporation determines are appropriate, which may include the:
33 (1) subject or subjects, including the subjects described in
34 subsection (a)(2), taught by a given teacher;
35 (2) importance of retaining a given teacher at the school
36 corporation; and
37 (3) need to attract an individual with specific qualifications to fill
38 a teaching vacancy.
39 (d) A school corporation may provide differentiated increases or
40 increments under subsection (b), and in excess of the percentage
41 specified in subsection (b)(1), in order to:
42 (1) reduce the gap between the school corporation's minimum
HB 1251—LS 7066/DI 116 14
1 teacher salary and the average of the school corporation's
2 minimum and maximum teacher salaries; or
3 (2) allow teachers currently employed by the school corporation
4 to receive a salary adjusted in comparison to starting base salaries
5 of new teachers.
6 (e) Except as provided in subsection (f), a teacher rated ineffective
7 or improvement necessary under IC 20-28-11.5 may not receive any
8 raise or increment for the following year if the teacher's employment
9 contract is continued. The amount that would otherwise have been
10 allocated for the salary increase of teachers rated ineffective or
11 improvement necessary shall be allocated for compensation of all
12 teachers rated effective and highly effective based on the criteria in
13 subsection (b).
14 (f) Subsection (e) does not apply to a teacher in the first two (2) full
15 school years that the teacher provides instruction to students in
16 elementary school or high school. If a teacher provides instruction to
17 students in elementary school or high school in another state, any full
18 school year, or its equivalent in the other state, that the teacher provides
19 instruction counts toward the two (2) full school years under this
20 subsection.
21 (g) A teacher who does not receive a raise or increment under
22 subsection (e) may file a request with the superintendent or
23 superintendent's designee not later than five (5) days after receiving
24 notice that the teacher received a rating of ineffective. The teacher is
25 entitled to a private conference with the superintendent or
26 superintendent's designee.
27 (h) The Indiana education employment relations board established
28 in IC 20-29-3-1 shall publish a model compensation plan with a model
29 salary range that a school corporation may adopt.
30 (i) Each school corporation shall submit its local compensation plan
31 to the Indiana education employment relations board. For a school year
32 beginning after June 30, 2015, a local compensation plan must specify
33 the range for teacher salaries. The Indiana education employment
34 relations board shall publish the local compensation plans on the
35 Indiana education employment relations board's Internet web site.
36 (j) The Indiana education employment relations board shall review
37 a compensation plan for compliance with this section as part of its
38 review under IC 20-29-6-6.1. The Indiana education employment
39 relations board has jurisdiction to determine compliance of a
40 compensation plan submitted under this section.
41 (k) This chapter may not be construed to require or allow a school
42 corporation to decrease the salary of any teacher below the salary the
HB 1251—LS 7066/DI 116 15
1 teacher was earning on or before July 1, 2015, if that decrease would
2 be made solely to conform to the new compensation plan.
3 (l) After June 30, 2011, all rights, duties, or obligations established
4 under IC 20-28-9-1 before its repeal are considered rights, duties, or
5 obligations under this section.
6 (m) An employment agreement described in IC 20-28-6-7.3
7 between an adjunct teacher and a school corporation is not subject
8 to this section.
9 SECTION 14. IC 20-29-2-13, AS ADDED BY P.L.1-2005,
10 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2022]: Sec. 13. "School employee" means a full-time
12 certificated person in the employment of the school employer. A school
13 employee is considered full time even though the employee does not
14 work during school vacation periods and accordingly works less than
15 a full year. The term does not include:
16 (1) supervisors;
17 (2) confidential employees;
18 (3) employees performing security work; and
19 (4) noncertificated employees; and
20 (5) adjunct teachers who hold permits issued under
21 IC 20-28-5-27.
22 SECTION 15. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
23 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2022]: Sec. 7. A school employer shall discuss with the
25 exclusive representative of certificated employees the following items:
26 (1) Curriculum development and revision.
27 (2) Selection of curricular materials.
28 (3) Teaching methods.
29 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
30 and retention of certificated employees.
31 (5) Student discipline.
32 (6) Expulsion or supervision of students.
33 (7) Pupil/teacher ratio.
34 (8) Class size or budget appropriations.
35 (9) Safety issues for students and employees in the workplace,
36 except those items required to be kept confidential by state or
37 federal law.
38 (10) Hours.
39 (11) Funding for a plan for a remediation program for any subset
40 of students enrolled in kindergarten through grade 12.
41 (12) The following nonbargainable items under IC 20-43-10-3.5:
42 (A) Teacher appreciation grants.
HB 1251—LS 7066/DI 116 16
1 (B) Individual teacher appreciation grant stipends to teachers.
2 (C) Additions to base salary based on teacher appreciation
3 grant stipends.
4 (13) The pre-evaluation planning session required under
5 IC 20-28-11.5-4.
6 (14) The superintendent's report to the governing body concerning
7 staff performance evaluations required under IC 20-28-11.5-9.
8 (15) A teacher performance model.
9 (16) The use of adjunct teachers permitted under
10 IC 20-28-5-27.
11 SECTION 16. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
12 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
14 concise, and jargon free state academic standards that are comparable
15 to national and international academic standards and the college and
16 career readiness educational standards adopted under IC 20-19-2-14.5.
17 These academic standards must be adopted for each grade level from
18 kindergarten through grade 12 for the following subjects:
19 (1) English/language arts.
20 (2) Mathematics.
21 (3) Social studies.
22 (4) Science.
23 (b) For grade levels tested under the statewide assessment program,
24 the academic standards must be based in part on the results of the
25 statewide assessment program.
26 (c) The state board shall, in consultation with postsecondary
27 educational institutions and various businesses and industries,
28 identify what skills or traits students need to be successful upon
29 completion of high school. The department must conduct a
30 research study to define essential postsecondary skills to promote
31 enlistment, enrollment, and employment. The study must inform
32 a reduction in high school standards to align to essential skills
33 needed for postsecondary success. The study must be submitted to
34 the state board and to the general assembly in an electronic format
35 under IC 5-14-6 on or before December 1, 2022. Not later than
36 June 1, 2023, the department must provide recommended
37 reductions to the Indiana academic standards with a goal of
38 defining no more than thirty-three percent (33%) of the number of
39 academic standards in effect on July 1, 2022, as essential for grades
40 9 through 12 to the state board. Additional standards may be
41 included for vertical articulation to ensure academic and
42 postsecondary success, not to exceed seventy-five percent (75%) of
HB 1251—LS 7066/DI 116 17
1 the academic standards in effect on July 1, 2022. Not later than
2 June 1, 2024, the department must provide recommended
3 reductions to the Indiana academic standards with a goal of
4 defining no more than thirty-three percent (33%) of the number of
5 academic standards in effect on July 1, 2022, as essential for
6 kindergarten through grade 8 to the state board. Additional
7 standards may be included for vertical articulation to ensure
8 academic and postsecondary success, not to exceed seventy-five
9 percent (75%) of the academic standards in effect on July 1, 2022.
10 A realignment of the ILEARN assessment reflecting the reduction
11 must be completed not later than March 1, 2025.
12 (d) Upon receipt and review of the information received under
13 subsection (c), the state board shall adopt Indiana academic
14 standards for grades 9 through 12 and subsequently for
15 kindergarten through grade 8 relating to academic standards
16 needed to meet the skills or traits identified by the study. The
17 academic standards developed under this subsection must be
18 included within the reduced number of academic standards
19 required by subsection (c). The department shall submit the
20 academic standards to the state board for approval in a manner
21 prescribed by the state board and the state board shall approve
22 academic standards in accordance with the requirements described
23 in this subsection not later than June 1, 2024.
24 SECTION 17. IC 20-31-3-3, AS AMENDED BY P.L.73-2011,
25 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 UPON PASSAGE]: Sec. 3. The department shall revise and update
27 academic standards:
28 (1) for each grade level from kindergarten through grade 12; and
29 (2) in each subject area listed in section 2 of this chapter;
30 at least once every six (6) years in addition to the requirements
31 described in section 1(c) and 1(d) of this chapter. This revision must
32 occur on a cyclical basis.
33 SECTION 18. IC 20-31-4.1-10, AS ADDED BY P.L.92-2020,
34 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 UPON PASSAGE]: Sec. 10. The state board shall adopt rules under
36 IC 4-22-2 and may adopt emergency rules under IC 4-22-2-37.1,
37 necessary to implement this chapter.
38 SECTION 19. IC 20-37-2-13, AS ADDED BY P.L.187-2021,
39 SECTION 62 AND P.L.216-2021, SECTION 44, IS AMENDED TO
40 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) As
41 used in this section, "applicable high school" means a high school at
42 which all the students participate in a work based learning course (as
HB 1251—LS 7066/DI 116 18
1 defined in IC 20-43-8-0.7) or school based enterprise.
2 (b) As used in this section, "primary use of the building" means an
3 occupancy classification that is:
4 (1) most closely related to the intended use of the building upon
5 construction; and
6 (2) determined by the rules of the fire prevention and building
7 safety commission established by IC 22-12-2-1 in effect at the
8 time that the applicable high school is first opened.
9 (c) An applicable high school shall comply with all rules of the fire
10 prevention and building safety commission applicable to the primary
11 use of the building.
12 SECTION 20. [EFFECTIVE UPON PASSAGE] (a) The Indiana
13 state board of education shall amend rules under IAC 575 as
14 necessary to comply with IC 20-18-2-1.7 and IC 20-27, as amended
15 by this act.
16 (b) This SECTION expires on June 30, 2023.
17 SECTION 21. An emergency is declared for this act.
HB 1251—LS 7066/DI 116 19
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1251, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 4, line 23, after "25." insert "(a)".
Page 4, line 30, delete "and".
Page 4, line 32, delete "portal" and insert "portal; and".
Page 4, between lines 32 and 33, begin a new line double block
indented and insert:
"(D) view information relating to adjunct teachers
employed by a particular school corporation reported to
the department under subsection (b).
(b) Each school corporation that hires an adjunct teacher shall
report to the department the following information:
(1) The number of adjunct teachers who hold a permit issued
under IC 20-28-5-27 the school corporation has hired for each
academic year, disaggregated by the grade level and subject
area taught by the adjunct teacher.
(2) The following information for each adjunct teacher
described in subdivision (1):
(A) The name of the adjunct teacher.
(B) The subject matter the adjunct teacher is permitted to
teach.
(C) A description of the adjunct teacher's experience
described in IC 20-28-5-27(a)(1).
(D) The adjunct teacher's total salary and any other
compensation paid to the adjunct teacher during the school
year.
(E) The number of previous adjunct teaching contracts the
adjunct teacher has entered into with the school
corporation or any other school corporation.
The department shall post the information under this subsection on
the department's portal described in subsection (a).".
Page 9, between lines 29 and 30, begin a new line block indented
and insert:
"(3) Within the first ninety (90) days of employment, the
individual must complete training required under the
following:
(A) IC 20-26-5-34.2 (bullying prevention).
(B) IC 20-28-3-4.5 (training on child abuse and neglect).
(C) IC 20-28-3-6 (youth suicide awareness and prevention
HB 1251—LS 7066/DI 116 20
training).
(D) IC 20-28-3-7 (training on human trafficking).".
Page 11, line 17, after "salary" insert "and any other
compensation".
Page 11, line 26, delete "inspection by the residents of each school"
and insert "inspection.".
Page 11, delete line 27.
Page 14, between lines 31 and 32, begin a new paragraph and insert:
"SECTION 15. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 7. A school employer shall discuss with the
exclusive representative of certificated employees the following items:
(1) Curriculum development and revision.
(2) Selection of curricular materials.
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment,
and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace,
except those items required to be kept confidential by state or
federal law.
(10) Hours.
(11) Funding for a plan for a remediation program for any subset
of students enrolled in kindergarten through grade 12.
(12) The following nonbargainable items under IC 20-43-10-3.5:
(A) Teacher appreciation grants.
(B) Individual teacher appreciation grant stipends to teachers.
(C) Additions to base salary based on teacher appreciation
grant stipends.
(13) The pre-evaluation planning session required under
IC 20-28-11.5-4.
(14) The superintendent's report to the governing body concerning
staff performance evaluations required under IC 20-28-11.5-9.
(15) A teacher performance model.
(16) The use of adjunct teachers permitted under
IC 20-28-5-27.".
Page 14, delete lines 32 through 42, begin a new paragraph and
insert:
"SECTION 16. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
HB 1251—LS 7066/DI 116 21
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
concise, and jargon free state academic standards that are comparable
to national and international academic standards and the college and
career readiness educational standards adopted under IC 20-19-2-14.5.
These academic standards must be adopted for each grade level from
kindergarten through grade 12 for the following subjects:
(1) English/language arts.
(2) Mathematics.
(3) Social studies.
(4) Science.
(b) For grade levels tested under the statewide assessment program,
the academic standards must be based in part on the results of the
statewide assessment program.
(c) The 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. The department must conduct a
research study to define essential postsecondary skills to promote
enlistment, enrollment, and employment. The study must inform
a reduction in high school standards to align to essential skills
needed for postsecondary success. The study must be submitted to
the state board and to the general assembly in an electronic format
under IC 5-14-6 on or before December 1, 2022. Not later than
June 1, 2023, the department must provide recommended
reductions to the Indiana academic standards with a goal of
defining no more than thirty-three percent (33%) of the number of
academic standards in effect on July 1, 2022, as essential for grades
9 through 12 to the state board. Additional standards may be
included for vertical articulation to ensure academic and
postsecondary success, not to exceed seventy-five percent (75%) of
the academic standards in effect on July 1, 2022. Not later than
June 1, 2024, the department must provide recommended
reductions to the Indiana academic standards with a goal of
defining no more than thirty-three percent (33%) of the number of
academic standards in effect on July 1, 2022, as essential for
kindergarten through grade 8 to the state board. Additional
standards may be included for vertical articulation to ensure
academic and postsecondary success, not to exceed seventy-five
percent (75%) of the academic standards in effect on July 1, 2022.
A realignment of the ILEARN assessment reflecting the reduction
must be completed not later than March 1, 2025.
HB 1251—LS 7066/DI 116 22
(d) Upon receipt and review of the information received under
subsection (c), the state board shall adopt Indiana academic
standards for grades 9 through 12 and subsequently for
kindergarten through grade 8 relating to academic standards
needed to meet the skills or traits identified by the study. The
academic standards developed under this subsection must be
included within the reduced number of academic standards
required by subsection (c). The department shall submit the
academic standards to the state board for approval in a manner
prescribed by the state board and the state board shall approve
academic standards in accordance with the requirements described
in this subsection not later than June 1, 2024.".
Page 15, delete lines 1 through 35.
Page 16, line 1, delete "section" and insert "section 1(c) and".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1251 as introduced.)
BEHNING
Committee Vote: yeas 10, nays 2.
HB 1251—LS 7066/DI 116