*HB1251.2* Reprinted January 28, 2022 HOUSE BILL No. 1251 _____ DIGEST OF HB 1251 (Updated January 27, 2022 3:01 pm - DI 116) 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 for assessment flexibility. 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 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 (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. January 27, 2022, read second time, amended, ordered engrossed. HB 1251—LS 7066/DI 116 Digest Continued 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. Makes changes to visual acuity requirements for a bus driver. HB 1251—LS 7066/DI 116HB 1251—LS 7066/DI 116 Reprinted January 28, 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 HB 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. HB 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. (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. HB 1251—LS 7066/DI 116 5 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 for assessment flexibility. 20 (b) The application submitted in accordance with subsection (a) 21 must include the following: 22 (1) A plan to administer a statewide summative examination 23 in grade 3, grade 5, grade 8, and grade 11. 24 (2) A plan to assist schools in the assessment of subject matter 25 mastery in grades in which a statewide summative 26 examination is not administered. 27 SECTION 5. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE 28 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 29 UPON PASSAGE]: Sec. 27. (a) The department shall prepare a 30 report that includes information and, as applicable, 31 recommendations regarding the following: 32 (1) Establishing and implementing a program concerning 33 parent-teacher compacts in Indiana that would allow the 34 following to be done by a teacher who enters into a compact 35 with a parent to teach the parent's child: 36 (A) Participate in the Indiana state teachers' retirement 37 fund under IC 5-10.4 and receive or participate in any 38 other relevant retirement benefits or programs. 39 (B) Receive tuition support for each student who the 40 teacher teaches under a parent-teacher compact. 41 (C) Participate in any state employee health plan, life 42 insurance plan, or disability insurance plan. HB 1251—LS 7066/DI 116 6 1 (2) The costs to the department in administering a 2 parent-teacher compact program. 3 (3) Costs associated with allowing teachers who enter into a 4 parent-teacher compact to participate in and receive tuition 5 support and benefits listed in subdivision (1)(A) through 6 (1)(C). 7 (4) Information that should be included in a parent-teacher 8 compact. 9 (5) Annual deadlines for submitting a parent-teacher compact 10 to the department. 11 (6) Any requirements under law that would or should apply 12 to teachers teaching under a parent-teacher compact, 13 including teacher qualifications, expanded criminal history 14 checks, and Indiana expanded child protection index checks. 15 (7) Any requirements under law that would or should apply 16 to a student taught under a parent-teacher compact. 17 (8) The manner in which the department would make tuition 18 support distributions to a teacher under a parent-teacher 19 compact program. 20 (9) Establishing, maintaining, and transferring education 21 records of students taught under a parent-teacher compact. 22 (10) Any other matters the department determines are 23 relevant regarding establishing and implementing a 24 parent-teacher compact program. 25 (b) Not later than November 1, 2022, the department shall 26 submit the report prepared under subsection (a) to the legislative 27 council in an electronic format under IC 5-14-6. 28 (c) This section expires July 1, 2023. 29 SECTION 6. IC 20-27-2-10, AS ADDED BY P.L.1-2005, 30 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 31 JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle: 32 (1) that is designed and constructed for the accommodation of 33 more than ten (10) passengers; 34 (2) that: 35 (A) meets the federal school bus safety requirements under 49 36 U.S.C. 30125 except the: 37 (i) stop signal arm required under federal motor vehicle 38 safety standard (FMVSS) no. 131; and 39 (ii) flashing lamps required under federal motor vehicle 40 safety standard (FMVSS) no. 108; 41 (B) when owned by a school corporation and used to transport 42 students, complies with the Federal Motor Carrier Safety HB 1251—LS 7066/DI 116 7 1 Regulations as prescribed by the United States Department of 2 Transportation Federal Motor Carrier Safety Administration as 3 set forth in 49 CFR Chapter III Subchapter B; or 4 (C) when owned by a school corporation and used to transport 5 students, is a motor coach type bus; with a capacity of at least 6 thirty (30) passengers and a gross vehicle weight rating greater 7 than twenty-six thousand (26,000) pounds; and 8 (3) that is used by a school corporation for transportation 9 purposes appropriate under IC 20-27-9-5. 10 SECTION 7. IC 20-27-8-1, AS AMENDED BY P.L.167-2018, 11 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 12 JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for 13 the transportation of students or be employed as a school bus monitor 14 unless the individual satisfies the following requirements: 15 (1) Is of good moral character. 16 (2) Does not use intoxicating liquor during school hours. 17 (3) Does not use intoxicating liquor to excess at any time. 18 (4) Is not addicted to any narcotic drug. 19 (5) Is at least: 20 (A) twenty-one (21) years of age for driving a school bus; or 21 (B) eighteen (18) years of age for employment as a school bus 22 monitor. 23 (6) In the case of a school bus driver, holds a valid public 24 passenger chauffeur's license or commercial driver's license 25 issued by the state or any other state. 26 (7) Possesses the following required physical characteristics: 27 (A) Sufficient physical ability to be a school bus driver, as 28 determined by the committee. 29 (B) The full normal use of both hands, both arms, both feet, 30 both legs, both eyes, and both ears. 31 (C) Freedom from any communicable disease that: 32 (i) may be transmitted through airborne or droplet means; or 33 (ii) requires isolation of the infected person under 410 34 IAC 1-2.3. 35 (D) Freedom from any mental, nervous, organic, or functional 36 disease that might impair the person's ability to properly 37 operate a school bus. 38 (E) This clause does not apply to a school bus monitor. Visual 39 acuity, with or without glasses, of at least 20/40 in each eye 40 equal to the vision requirements under 49 CFR 391.41 and 41 a field of vision with one hundred fifty (150) degree minimum 42 and with depth perception of at least eighty percent (80%) or HB 1251—LS 7066/DI 116 8 1 forty-eight (48) seconds of arc or less angle of stereopsis. 2 (b) This subsection applies to a school bus monitor. 3 Notwithstanding subsection (a)(5)(B), a school corporation or school 4 bus driver may not employ an individual who is less than twenty-one 5 (21) years of age as a school bus monitor unless the school corporation 6 or school bus driver does not receive a sufficient number of qualified 7 applicants for employment as a school bus monitor who are at least 8 twenty-one (21) years of age. A school corporation or school bus driver 9 shall maintain a record of applicants, their ages, and their qualifications 10 to show compliance with this subsection. 11 SECTION 8. 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: HB 1251—LS 7066/DI 116 9 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 9. 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. HB 1251—LS 7066/DI 116 10 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 10. IC 20-28-5-27 IS ADDED TO THE INDIANA 29 CODE AS A NEW SECTION TO READ AS FOLLOWS 30 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) The governing body of a 31 school corporation may issue an adjunct teacher permit to an 32 individual if the 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, HB 1251—LS 7066/DI 116 11 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 11. 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: HB 1251—LS 7066/DI 116 12 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 12. 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 13. IC 20-28-6-7.3 IS ADDED TO THE INDIANA 42 CODE AS A NEW SECTION TO READ AS FOLLOWS HB 1251—LS 7066/DI 116 13 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 14. 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 14 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 15 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 16 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 15. 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 16. 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 17 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 17. 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 18 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 18. 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 19. 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 20. 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 19 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 21. [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 22. An emergency is declared for this act. HB 1251—LS 7066/DI 116 20 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 21 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 22 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 23 (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. _____ HOUSE MOTION Mr. Speaker: I move that House Bill 1251 be amended to read as follows: Page 5, line 19, delete "to establish and operate an" and insert "for assessment flexibility.". Page 5, delete line 20. Page 7, between lines 10 and 11, begin a new paragraph and insert: "SECTION 7. IC 20-27-8-1, AS AMENDED BY P.L.167-2018, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for the transportation of students or be employed as a school bus monitor unless the individual satisfies the following requirements: (1) Is of good moral character. (2) Does not use intoxicating liquor during school hours. (3) Does not use intoxicating liquor to excess at any time. (4) Is not addicted to any narcotic drug. HB 1251—LS 7066/DI 116 24 (5) Is at least: (A) twenty-one (21) years of age for driving a school bus; or (B) eighteen (18) years of age for employment as a school bus monitor. (6) In the case of a school bus driver, holds a valid public passenger chauffeur's license or commercial driver's license issued by the state or any other state. (7) Possesses the following required physical characteristics: (A) Sufficient physical ability to be a school bus driver, as determined by the committee. (B) The full normal use of both hands, both arms, both feet, both legs, both eyes, and both ears. (C) Freedom from any communicable disease that: (i) may be transmitted through airborne or droplet means; or (ii) requires isolation of the infected person under 410 IAC 1-2.3. (D) Freedom from any mental, nervous, organic, or functional disease that might impair the person's ability to properly operate a school bus. (E) This clause does not apply to a school bus monitor. Visual acuity, with or without glasses, of at least 20/40 in each eye equal to the vision requirements under 49 CFR 391.41 and a field of vision with one hundred fifty (150) degree minimum and with depth perception of at least eighty percent (80%) or forty-eight (48) seconds of arc or less angle of stereopsis. (b) This subsection applies to a school bus monitor. Notwithstanding subsection (a)(5)(B), a school corporation or school bus driver may not employ an individual who is less than twenty-one (21) years of age as a school bus monitor unless the school corporation or school bus driver does not receive a sufficient number of qualified applicants for employment as a school bus monitor who are at least twenty-one (21) years of age. A school corporation or school bus driver shall maintain a record of applicants, their ages, and their qualifications to show compliance with this subsection.". Renumber all SECTIONS consecutively. (Reference is to HB 1251 as printed January 24, 2022.) BEHNING HB 1251—LS 7066/DI 116