*EH1251.1*
February 25, 2022
ENGROSSED
HOUSE BILL No. 1251
_____
DIGEST OF HB 1251 (Updated February 23, 2022 6:07 pm - DI 110)
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 regarding
academic standards. Requires the department to establish an online
adjunct teacher portal. Provides that: (1) the governing body of a school
corporation may issue an adjunct teacher permit to an individual who
(Continued next page)
Effective: Upon passage; July 1, 2022.
Behning, Carbaugh, Davis,
Goodrich
(SENATE SPONSOR — RAATZ)
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.
January 28, 2022, engrossed.
January 31, 2022, read third time, passed. Yeas 73, nays 17.
SENATE ACTION
February 8, 2022, read first time and referred to Committee on Education and Career
Development.
February 24, 2022, amended, reported favorably — Do Pass.
EH 1251—LS 7066/DI 116 Digest Continued
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 a contract for employment with the
individual as a part-time teacher of the school corporation. Establishes
requirements for adjunct teacher employment contracts. Provides that
the employment contracts 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 a school corporation may not pay an adjunct
teacher an hourly rate that is more than the hourly rate that a school
employer pays a first year teacher without holding a discussion with the
exclusive representative. Requires a school corporation to: (1) notify
the parents of students enrolled in the school corporation of a vacant
adjunct teacher position; and (2) post a vacant adjunct teacher position
on the department's online adjunct teacher portal. Requires the
governing body of a school corporation to announce any vacant adjunct
teacher positions at meetings of the governing body. 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.
EH 1251—LS 7066/DI 116EH 1251—LS 7066/DI 116 February 25, 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.
ENGROSSED
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
EH 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
EH 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.
EH 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 or
25 incorporate into the teacher referral system developed under
26 IC 20-20-3 a functionality to allow:
27 (1) a school corporation to post a vacant adjunct teacher
28 position; and
29 (2) an individual to:
30 (A) post a resume;
31 (B) post any other information requested by the school
32 corporation through the portal or system;
33 (C) make inquiries to the school corporation through the
34 portal or system; and
35 (D) view information relating to adjunct teachers
36 employed by a particular school corporation reported to
37 the department in accordance with IC 20-28-5-27(g).
38 (b) The department shall post the information received under
39 IC 20-28-5-27(g) on the department's portal or teacher referral
40 system described in subsection (a).
41 SECTION 4. IC 20-19-3-26 IS ADDED TO THE INDIANA CODE
42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
EH 1251—LS 7066/DI 116 5
1 1, 2022]: Sec. 26. (a) The department shall apply to the United
2 States Department of Education for assessment flexibility.
3 (b) The application submitted in accordance with subsection (a)
4 must include the following:
5 (1) A plan to administer a statewide summative examination
6 in grade 3, grade 5, grade 8, and grade 11.
7 (2) A plan to assist schools in the assessment of subject matter
8 mastery in grades in which a statewide summative
9 examination is not administered.
10 (3) A plan to implement the approved assessment changes in
11 conjunction with the implementation of revised academic
12 standards required under IC 20-31-3-1(d).
13 SECTION 5. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
15 UPON PASSAGE]: Sec. 27. (a) The department shall prepare a
16 report that includes information and, as applicable,
17 recommendations regarding the following:
18 (1) Establishing and implementing a program concerning
19 parent-teacher compacts in Indiana that would allow the
20 following to be done by a teacher who enters into a compact
21 with a parent to teach the parent's child:
22 (A) Participate in the Indiana state teachers' retirement
23 fund under IC 5-10.4 and receive or participate in any
24 other relevant retirement benefits or programs.
25 (B) Receive tuition support for each student who the
26 teacher teaches under a parent-teacher compact.
27 (C) Participate in any state employee health plan, life
28 insurance plan, or disability insurance plan.
29 (2) The costs to the department in administering a
30 parent-teacher compact program.
31 (3) Costs associated with allowing teachers who enter into a
32 parent-teacher compact to participate in and receive tuition
33 support and benefits listed in subdivision (1)(A) through
34 (1)(C).
35 (4) Information that should be included in a parent-teacher
36 compact.
37 (5) Annual deadlines for submitting a parent-teacher compact
38 to the department.
39 (6) Any requirements under law that would or should apply
40 to teachers teaching under a parent-teacher compact,
41 including teacher qualifications, expanded criminal history
42 checks, and Indiana expanded child protection index checks.
EH 1251—LS 7066/DI 116 6
1 (7) Any requirements under law that would or should apply
2 to a student taught under a parent-teacher compact.
3 (8) The manner in which the department would make tuition
4 support distributions to a teacher under a parent-teacher
5 compact program.
6 (9) Establishing, maintaining, and transferring education
7 records of students taught under a parent-teacher compact.
8 (10) Any other matters the department determines are
9 relevant regarding establishing and implementing a
10 parent-teacher compact program.
11 (b) Not later than November 1, 2022, the department shall
12 submit the report prepared under subsection (a) to the legislative
13 council in an electronic format under IC 5-14-6.
14 (c) This section expires July 1, 2023.
15 SECTION 6. IC 20-27-2-10, AS ADDED BY P.L.1-2005,
16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle:
18 (1) that is designed and constructed for the accommodation of
19 more than ten (10) passengers;
20 (2) that:
21 (A) meets the federal school bus safety requirements under 49
22 U.S.C. 30125 except the:
23 (i) stop signal arm required under federal motor vehicle
24 safety standard (FMVSS) no. 131; and
25 (ii) flashing lamps required under federal motor vehicle
26 safety standard (FMVSS) no. 108;
27 (B) when owned by a school corporation and used to transport
28 students, complies with the Federal Motor Carrier Safety
29 Regulations as prescribed by the United States Department of
30 Transportation Federal Motor Carrier Safety Administration as
31 set forth in 49 CFR Chapter III Subchapter B; or
32 (C) when owned by a school corporation and used to transport
33 students, is a motor coach type bus; with a capacity of at least
34 thirty (30) passengers and a gross vehicle weight rating greater
35 than twenty-six thousand (26,000) pounds; and
36 (3) that is used by a school corporation for transportation
37 purposes appropriate under IC 20-27-9-5.
38 SECTION 7. IC 20-27-8-1, AS AMENDED BY P.L.167-2018,
39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for
41 the transportation of students or be employed as a school bus monitor
42 unless the individual satisfies the following requirements:
EH 1251—LS 7066/DI 116 7
1 (1) Is of good moral character.
2 (2) Does not use intoxicating liquor during school hours.
3 (3) Does not use intoxicating liquor to excess at any time.
4 (4) Is not addicted to any narcotic drug.
5 (5) Is at least:
6 (A) twenty-one (21) years of age for driving a school bus; or
7 (B) eighteen (18) years of age for employment as a school bus
8 monitor.
9 (6) In the case of a school bus driver, holds a valid public
10 passenger chauffeur's license or commercial driver's license
11 issued by the state or any other state.
12 (7) Possesses the following required physical characteristics:
13 (A) Sufficient physical ability to be a school bus driver, as
14 determined by the committee.
15 (B) The full normal use of both hands, both arms, both feet,
16 both legs, both eyes, and both ears.
17 (C) Freedom from any communicable disease that:
18 (i) may be transmitted through airborne or droplet means; or
19 (ii) requires isolation of the infected person under 410
20 IAC 1-2.3.
21 (D) Freedom from any mental, nervous, organic, or functional
22 disease that might impair the person's ability to properly
23 operate a school bus.
24 (E) This clause does not apply to a school bus monitor. Visual
25 acuity, with or without glasses, of at least 20/40 in each eye
26 equal to the vision requirements under 49 CFR 391.41 and
27 a field of vision with one hundred fifty (150) degree minimum
28 and with depth perception of at least eighty percent (80%) or
29 forty-eight (48) seconds of arc or less angle of stereopsis.
30 (b) This subsection applies to a school bus monitor.
31 Notwithstanding subsection (a)(5)(B), a school corporation or school
32 bus driver may not employ an individual who is less than twenty-one
33 (21) years of age as a school bus monitor unless the school corporation
34 or school bus driver does not receive a sufficient number of qualified
35 applicants for employment as a school bus monitor who are at least
36 twenty-one (21) years of age. A school corporation or school bus driver
37 shall maintain a record of applicants, their ages, and their qualifications
38 to show compliance with this subsection.
39 SECTION 8. IC 20-27-9-5, AS AMENDED BY P.L.155-2020,
40 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2022]: Sec. 5. (a) A special purpose bus or an appropriate
42 vehicle may be used:
EH 1251—LS 7066/DI 116 8
1 (1) by a school corporation to provide regular transportation of a
2 student between one (1) school and another school but not or
3 between the student's residence and the school;
4 (2) to transport students and their supervisors, including coaches,
5 managers, and sponsors to athletic or other extracurricular school
6 activities and field trips;
7 (3) by a school corporation to provide transportation between an
8 individual's residence and the school for an individual enrolled in
9 a special program for the habilitation or rehabilitation of persons
10 with a developmental or physical disability, and, if applicable, the
11 individual's sibling;
(4) to transport homeless students under IC 20-27-12;12
13 (5) by a school corporation to provide regular transportation of an
14 individual described in section 4 or 7 of this chapter between the
15 individual's residence and the school; and
16 (6) to transport students to career and technical education
programs under IC 20-27-12.1.17
18 (b) The mileage limitation of section 3 of this chapter does not apply
19 to special purpose buses.
20 (c) The operator of a special purpose bus or appropriate vehicle
21 must be at least twenty-one (21) years of age, be authorized by the
22 school corporation, pass an expanded criminal history check and
23 expanded child protection index check as provided under
24 IC 20-26-5-10, and meet the following requirements:
25 (1) Except as provided in subdivision (2)(B) and in addition to the
26 license required under this subdivision, if the special purpose bus
27 has a capacity of less than sixteen (16) passengers, the operator
28 must hold a valid:
29 (A) operator's;
30 (B) chauffeur's;
31 (C) public passenger chauffeur's; or
32 (D) commercial driver's;
33 license.
34 (2) If the special purpose bus:
35 (A) has a capacity of more than fifteen (15) passengers; or
36 (B) is used to provide transportation to an individual described
in subsection (a)(3) or (a)(5);37
38 the operator must meet the requirements for a school bus driver
39 set out in IC 20-27-8.
40 (d) A special purpose bus is not required to be constructed,
41 equipped, or painted as specified for school buses under this article or
42 by the rules of the committee.
EH 1251—LS 7066/DI 116 9
1 (e) An owner or operator of a special purpose bus, other than a
2 special purpose bus owned or operated by a school corporation or a
3 nonpublic school, is subject to IC 8-2.1.
4 SECTION 9. IC 20-27-9-12, AS AMENDED BY P.L.99-2007,
5 SECTION 174, IS AMENDED TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) As used in this section,
7 "child care center" means a nonresidential building where at least one
8 (1) child receives child care from a provider licensed under
9 IC 12-17.2-4:
10 (1) while unattended by a parent;
11 (2) for regular compensation; and
12 (3) for more than four (4) hours but less than twenty-four (24)
13 hours in each of ten (10) consecutive days per year, excluding
14 intervening Saturdays, Sundays, and holidays.
15 (b) This subsection does not apply to a person with a developmental
16 or physical disability who is provided transportation by a school
17 corporation by means of a special purpose bus as provided in section
18 5(a)(3) of this chapter. An individual or entity who transports children
19 in the care of a:
20 (1) preschool operated by a school corporation;
21 (2) public elementary school; or
22 (3) public secondary school;
23 on a public highway (as defined in IC 9-25-2-4) within or outside
24 Indiana shall transport the children only in a school bus, However, a
25 special purpose bus, or an appropriate vehicle. The school bus,
26 special purpose bus, or appropriate vehicle may be used for
27 transportation of the children to activities other than or for regular
28 transportation between the residences of the children and the school.
29 (c) An individual or entity that transports children in the care of a
30 child care center on a public highway (as defined in IC 9-25-2-4)
31 within or outside Indiana in a vehicle designed and constructed for the
32 accommodation of more than ten (10) passengers shall transport the
33 children only in a school bus or special purpose bus.
34 (d) The operator of a:
35 (1) school bus that transports children as required under
36 subsection (b) or (c) must meet the requirements of IC 20-27-8;
37 and
38 (2) special purpose bus or an appropriate vehicle that transports
39 children as required under subsection (b) or (c) must meet the
40 requirements of section 5(c) of this chapter.
41 (e) This section does not prohibit the use of a public transportation
42 system for the transportation of children if the motor carriage used is
EH 1251—LS 7066/DI 116 10
1 designed to carry at least twenty (20) passengers.
2 (f) This section does not prohibit a:
3 (1) preschool operated by a school corporation;
4 (2) public elementary school;
5 (3) public secondary school; or
6 (4) child care center;
7 from contracting with a common carrier for incidental charter bus
8 service for nonregular transportation if the carrier and the carrier's
9 motor coach comply with the Federal Motor Carrier Safety Regulations
10 as prescribed by the United States Department of Transportation
11 Federal Highway Administration.
12 (g) Notwithstanding section 17 of this chapter, a person who
13 violates this section commits a Class B infraction.
14 SECTION 10. IC 20-28-5-27 IS ADDED TO THE INDIANA
15 CODE AS A NEW SECTION TO READ AS FOLLOWS
16 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) In an effort to fill a vacant
17 teaching position, offer a new program or class, or supplement a
18 program currently being offered, the governing body of a school
19 corporation may issue an adjunct teacher permit to an individual
20 if the following minimum requirements are met:
21 (1) The individual has at least five (5) years of documented
22 occupational experience in the content area in which the
23 individual intends to teach.
24 (2) The school corporation conducts an expanded criminal
25 history check and expanded child protection index check
26 concerning the individual as required under IC 20-26-5-10.
27 (3) The individual has not been convicted of a felony listed in
28 section 8(c) of this chapter or described in section 8(d) of this
29 chapter or the individual's conviction has been reversed,
30 vacated, or set aside on appeal.
31 (4) If the permit is to be issued to an individual to teach
32 kindergarten through grade 5, the individual must teach:
33 (A) art;
34 (B) science; or
35 (C) music.
36 However, the governing body may establish stricter requirements
37 than the requirements prescribed by this subsection.
38 (b) If a governing body of a school corporation issues an adjunct
39 teacher permit to an individual under subsection (a):
40 (1) the school corporation may enter into a contract for
41 employment with the individual as a part-time teacher of the
42 school corporation working not more than twenty (20) hours
EH 1251—LS 7066/DI 116 11
1 per week;
2 (2) the individual must be assigned a teacher mentor for
3 support in pedagogy; and
4 (3) the individual must complete the following training within
5 the first ninety (90) days of employment:
6 (A) IC 20-26-5-34.2 (bullying prevention).
7 (B) IC 20-28-3-4.5 (training on child abuse and neglect).
8 (C) IC 20-28-3-6 (youth suicide awareness and prevention
9 training).
10 (D) IC 20-28-3-7 (training on human trafficking).
11 (c) An adjunct teacher may not provide special education
12 instruction.
13 (d) The salary of an adjunct teacher under a contract described
14 in IC 20-28-6-7.3 is not subject to the requirements under
15 IC 20-28-9-1.5 or a local compensation plan established by a school
16 corporation as described in IC 20-28-9-1.5. However, the school
17 corporation may not pay an adjunct teacher an hourly rate that is
18 more than the hourly rate that a school employer pays a first year
19 teacher without holding a discussion as described in
20 IC 20-29-6-7(16).
21 (e) Except as otherwise provided in a collective bargaining
22 agreement entered into or renewed before July 1, 2022, an
23 employment contract entered into under this section is not subject
24 to a collective bargaining agreement entered into under IC 20-29.
25 (f) It is not an unfair practice for a school corporation to enter
26 into an employment contract under this section.
27 (g) Each school corporation that hires an adjunct teacher under
28 this section shall report to the department the following
29 information:
30 (1) The number of adjunct teachers who hold a permit issued
31 under this section that the school corporation has hired each
32 school year, disaggregated by the grade level and subject area
33 taught by the adjunct teacher.
34 (2) The following information for each adjunct teacher
35 described in subdivision (1):
36 (A) The name of the adjunct teacher.
37 (B) The subject matter the adjunct teacher is permitted to
38 teach.
39 (C) A description of the adjunct teacher's experience
40 described in subsection (a)(1).
41 (D) The adjunct teacher's total salary and any other
42 compensation paid to the adjunct teacher during the school
EH 1251—LS 7066/DI 116 12
1 year.
2 (E) The number of previous adjunct teaching contracts the
3 adjunct teacher has entered into with the school
4 corporation or any other school corporation.
5 (h) A school corporation shall:
6 (1) notify the parents of students enrolled in the school
7 corporation of a vacant adjunct teacher position; and
8 (2) post a vacant adjunct teacher position on the department's
9 online adjunct teacher portal established under IC 20-19-3-25.
10 (i) The governing body of a school corporation shall announce
11 any vacant adjunct teacher positions at meetings of the governing
12 body.
13 SECTION 11. IC 20-28-6-2, AS AMENDED BY P.L.43-2021,
14 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2022]: Sec. 2. (a) Except as provided under section 7.3 of
16 this chapter, a contract entered into by a teacher and a school
17 corporation must:
18 (1) be in writing;
19 (2) be signed by both parties; and
20 (3) contain the:
21 (A) beginning date of the school term as determined annually
22 by the school corporation;
23 (B) number of days in the school term as determined annually
24 by the school corporation;
25 (C) total salary to be paid to the teacher during the school year;
26 (D) number of salary payments to be made to the teacher
27 during the school year; and
28 (E) number of hours per day the teacher is expected to work,
29 as discussed pursuant to IC 20-29-6-7.
30 (b) The contract may provide for the annual determination of the
31 teacher's annual compensation based on a local compensation plan
32 specifying a salary range, which is part of the contract. The
33 compensation plan may be changed by the school corporation before
34 the later of May 1 of a year, with the changes effective the next school
35 year, or the date specified in a collective bargaining agreement
36 applicable to the next school year. A teacher affected by the changes
37 shall be furnished with printed copies of the changed compensation
38 plan not later than thirty (30) days after the adoption of the
39 compensation plan.
40 (c) A contract under this section is also governed by the following
41 statutes:
42 (1) IC 20-28-9-5 through IC 20-28-9-6.
EH 1251—LS 7066/DI 116 13
1 (2) IC 20-28-9-9 through IC 20-28-9-11.
2 (3) IC 20-28-9-13.
3 (4) IC 20-28-9-14.
4 (d) A governing body shall provide the blank contract forms,
5 carefully worded by the secretary of education, and have them signed.
6 The contracts are public records open to inspection by the residents of
7 each school corporation.
8 (e) An action may be brought on a contract that conforms with
9 subsections (a)(1), (a)(2), and (d).
10 SECTION 12. IC 20-28-6-4, AS ADDED BY P.L.1-2005,
11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 4. (a) This section does not apply to:
13 (1) a teacher employed as a substitute teacher; or
14 (2) an individual who holds an adjunct teacher permit issued
15 by the governing body of a school corporation under
16 IC 20-28-5-27.
17 (b) A teacher employed in a public school must be employed on a
18 uniform teacher's contract or a supplemental service teacher's contract.
19 SECTION 13. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) A contract entered into
22 between a school corporation and an individual who holds an
23 adjunct teacher permit issued by the governing body of a school
24 corporation under IC 20-28-5-27 must:
25 (1) be in writing;
26 (2) be signed by both parties; and
27 (3) contain the following:
28 (A) The total salary to be paid to the adjunct teacher.
29 (B) The method and frequency of salary payments.
30 (C) The number of classes the adjunct teacher is to teach.
31 (D) The classes and subject matter areas that the adjunct
32 teacher will be teaching.
33 (E) An expiration date that is not later than the end of the
34 school year.
35 (b) An adjunct teacher may enter into contracts with more than
36 one (1) school corporation.
37 SECTION 14. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
38 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
40 for a teacher employed by a school corporation. Compensation
41 attributable to additional degrees or graduate credits earned before the
42 effective date of a local compensation plan created under this chapter
EH 1251—LS 7066/DI 116 14
1 before July 1, 2015, shall continue for school years beginning after
2 June 30, 2015. Compensation attributable to additional degrees for
3 which a teacher has started course work before July 1, 2011, and
4 completed course work before September 2, 2014, shall also continue
5 for school years beginning after June 30, 2015. For school years
6 beginning after June 30, 2015, a school corporation may provide a
7 supplemental payment to a teacher in excess of the salary specified in
8 the school corporation's compensation plan under any of the following
9 circumstances:
10 (1) The teacher:
11 (A) teaches an advanced placement course or a Cambridge
12 International course; or
13 (B) has earned a master's degree from an accredited
14 postsecondary educational institution in a content area directly
15 related to the subject matter of:
16 (i) a dual credit course; or
17 (ii) another course;
18 taught by the teacher.
19 (2) Beginning after June 30, 2018, the teacher:
20 (A) is a special education professional; or
21 (B) teaches in the areas of science, technology, engineering, or
22 mathematics.
23 (3) Beginning after June 30, 2019, the teacher teaches a career or
24 technical education course.
25 In addition, a supplemental payment may be made to an elementary
26 school teacher who earns a master's degree in math, reading, or
27 literacy. A supplement provided under this subsection is not subject to
28 collective bargaining, but a discussion of the supplement must be held.
29 Such a supplement is in addition to any increase permitted under
30 subsection (b).
31 (b) Increases or increments in a local salary range must be based
32 upon a combination of the following factors:
33 (1) A combination of the following factors taken together may
34 account for not more than fifty percent (50%) of the calculation
35 used to determine a teacher's increase or increment:
36 (A) The number of years of a teacher's experience.
37 (B) The possession of either:
38 (i) additional content area degrees beyond the requirements
39 for employment; or
40 (ii) additional content area degrees and credit hours beyond
41 the requirements for employment, if required under an
42 agreement bargained under IC 20-29.
EH 1251—LS 7066/DI 116 15
1 (2) The results of an evaluation conducted under IC 20-28-11.5.
2 (3) The assignment of instructional leadership roles, including the
3 responsibility for conducting evaluations under IC 20-28-11.5.
4 (4) The academic needs of students in the school corporation.
5 (c) To provide greater flexibility and options, a school corporation
6 may differentiate the amount of salary increases or increments
7 determined for teachers. A school corporation shall base a
8 differentiated amount under this subsection on reasons the school
9 corporation determines are appropriate, which may include the:
10 (1) subject or subjects, including the subjects described in
11 subsection (a)(2), taught by a given teacher;
12 (2) importance of retaining a given teacher at the school
13 corporation; and
14 (3) need to attract an individual with specific qualifications to fill
15 a teaching vacancy.
16 (d) A school corporation may provide differentiated increases or
17 increments under subsection (b), and in excess of the percentage
18 specified in subsection (b)(1), in order to:
19 (1) reduce the gap between the school corporation's minimum
20 teacher salary and the average of the school corporation's
21 minimum and maximum teacher salaries; or
22 (2) allow teachers currently employed by the school corporation
23 to receive a salary adjusted in comparison to starting base salaries
24 of new teachers.
25 (e) Except as provided in subsection (f), a teacher rated ineffective
26 or improvement necessary under IC 20-28-11.5 may not receive any
27 raise or increment for the following year if the teacher's employment
28 contract is continued. The amount that would otherwise have been
29 allocated for the salary increase of teachers rated ineffective or
30 improvement necessary shall be allocated for compensation of all
31 teachers rated effective and highly effective based on the criteria in
32 subsection (b).
33 (f) Subsection (e) does not apply to a teacher in the first two (2) full
34 school years that the teacher provides instruction to students in
35 elementary school or high school. If a teacher provides instruction to
36 students in elementary school or high school in another state, any full
37 school year, or its equivalent in the other state, that the teacher provides
38 instruction counts toward the two (2) full school years under this
39 subsection.
40 (g) A teacher who does not receive a raise or increment under
41 subsection (e) may file a request with the superintendent or
42 superintendent's designee not later than five (5) days after receiving
EH 1251—LS 7066/DI 116 16
1 notice that the teacher received a rating of ineffective. The teacher is
2 entitled to a private conference with the superintendent or
3 superintendent's designee.
4 (h) The Indiana education employment relations board established
5 in IC 20-29-3-1 shall publish a model compensation plan with a model
6 salary range that a school corporation may adopt.
7 (i) Each school corporation shall submit its local compensation plan
8 to the Indiana education employment relations board. For a school year
9 beginning after June 30, 2015, a local compensation plan must specify
10 the range for teacher salaries. The Indiana education employment
11 relations board shall publish the local compensation plans on the
12 Indiana education employment relations board's Internet web site.
13 (j) The Indiana education employment relations board shall review
14 a compensation plan for compliance with this section as part of its
15 review under IC 20-29-6-6.1. The Indiana education employment
16 relations board has jurisdiction to determine compliance of a
17 compensation plan submitted under this section.
18 (k) This chapter may not be construed to require or allow a school
19 corporation to decrease the salary of any teacher below the salary the
20 teacher was earning on or before July 1, 2015, if that decrease would
21 be made solely to conform to the new compensation plan.
22 (l) After June 30, 2011, all rights, duties, or obligations established
23 under IC 20-28-9-1 before its repeal are considered rights, duties, or
24 obligations under this section.
25 (m) A contract described in IC 20-28-6-7.3 between an adjunct
26 teacher and a school corporation is not subject to this section.
27 SECTION 15. IC 20-29-2-13, AS ADDED BY P.L.1-2005,
28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2022]: Sec. 13. "School employee" means a full-time
30 certificated person in the employment of the school employer. A school
31 employee is considered full time even though the employee does not
32 work during school vacation periods and accordingly works less than
33 a full year. The term does not include:
34 (1) supervisors;
35 (2) confidential employees;
36 (3) employees performing security work; and
37 (4) noncertificated employees; and
38 (5) adjunct teachers who hold permits issued under
39 IC 20-28-5-27.
40 SECTION 16. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2022]: Sec. 7. A school employer shall discuss with the
EH 1251—LS 7066/DI 116 17
1 exclusive representative of certificated employees the following items:
2 (1) Curriculum development and revision.
3 (2) Selection of curricular materials.
4 (3) Teaching methods.
5 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
6 and retention of certificated employees.
7 (5) Student discipline.
8 (6) Expulsion or supervision of students.
9 (7) Pupil/teacher ratio.
10 (8) Class size or budget appropriations.
11 (9) Safety issues for students and employees in the workplace,
12 except those items required to be kept confidential by state or
13 federal law.
14 (10) Hours.
15 (11) Funding for a plan for a remediation program for any subset
16 of students enrolled in kindergarten through grade 12.
17 (12) The following nonbargainable items under IC 20-43-10-3.5:
18 (A) Teacher appreciation grants.
19 (B) Individual teacher appreciation grant stipends to teachers.
20 (C) Additions to base salary based on teacher appreciation
21 grant stipends.
22 (13) The pre-evaluation planning session required under
23 IC 20-28-11.5-4.
24 (14) The superintendent's report to the governing body concerning
25 staff performance evaluations required under IC 20-28-11.5-9.
26 (15) A teacher performance model.
27 (16) The hourly pay rate of an adjunct teacher if the school
28 employer intends to pay the adjunct teacher an hourly rate
29 that is more than the hourly rate that the school employer
30 pays a first year teacher.
31 SECTION 17. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
32 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
34 concise, and jargon free state academic standards that are comparable
35 to national and international academic standards and the college and
36 career readiness educational standards adopted under IC 20-19-2-14.5.
37 These academic standards must be adopted for each grade level from
38 kindergarten through grade 12 for the following subjects:
39 (1) English/language arts.
40 (2) Mathematics.
41 (3) Social studies.
42 (4) Science.
EH 1251—LS 7066/DI 116 18
1 (b) For grade levels tested under the statewide assessment program,
2 the academic standards must be based in part on the results of the
3 statewide assessment program.
4 (c) The state board shall, in consultation with postsecondary
5 educational institutions and various businesses and industries,
6 identify what skills or traits students need to be successful upon
7 completion of high school. The department must conduct a
8 research study to define essential postsecondary skills to promote
9 enlistment, enrollment, and employment. The study must inform
10 a reduction in high school standards to align to essential skills
11 needed for postsecondary success. The study must be submitted to
12 the state board and to the general assembly in an electronic format
13 under IC 5-14-6 on or before December 1, 2022. Not later than
14 June 1, 2023, the department must provide recommended
15 reductions to the Indiana academic standards with a goal of
16 defining no more than thirty-three percent (33%) of the number of
17 academic standards in effect on July 1, 2022, as essential for grades
18 9 through 12 to the state board. Additional standards may be
19 included for vertical articulation to ensure academic and
20 postsecondary success, not to exceed seventy-five percent (75%) of
21 the academic standards in effect on July 1, 2022. Not later than
22 June 1, 2024, the department must provide recommended
23 reductions to the Indiana academic standards with a goal of
24 defining no more than thirty-three percent (33%) of the number of
25 academic standards in effect on July 1, 2022, as essential for
26 kindergarten through grade 8 to the state board. Additional
27 standards may be included for vertical articulation to ensure
28 academic and postsecondary success, not to exceed seventy-five
29 percent (75%) of the academic standards in effect on July 1, 2022.
30 A realignment of the ILEARN assessment reflecting the reduction
31 must be completed not later than March 1, 2025.
32 (d) Upon receipt and review of the information received under
33 subsection (c), the state board shall adopt Indiana academic
34 standards for grades 9 through 12 and subsequently for
35 kindergarten through grade 8 relating to academic standards
36 needed to meet the skills or traits identified by the study. The
37 academic standards developed under this subsection must be
38 included within the reduced number of academic standards
39 required by subsection (c). The department shall submit the
40 academic standards to the state board for approval in a manner
41 prescribed by the state board and the state board shall approve
42 academic standards in accordance with the requirements described
EH 1251—LS 7066/DI 116 19
1 in this subsection not later than June 1, 2024.
2 SECTION 18. IC 20-31-3-3, AS AMENDED BY P.L.73-2011,
3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 UPON PASSAGE]: Sec. 3. The department shall revise and update
5 academic standards:
6 (1) for each grade level from kindergarten through grade 12; and
7 (2) in each subject area listed in section 2 of this chapter;
8 at least once every six (6) years in addition to the requirements
9 described in section 1(c) and 1(d) of this chapter. This revision must
10 occur on a cyclical basis.
11 SECTION 19. IC 20-31-4.1-10, AS ADDED BY P.L.92-2020,
12 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 UPON PASSAGE]: Sec. 10. The state board shall adopt rules under
14 IC 4-22-2 and may adopt emergency rules under IC 4-22-2-37.1,
15 necessary to implement this chapter.
16 SECTION 20. IC 20-37-2-13, AS ADDED BY P.L.187-2021,
17 SECTION 62 AND P.L.216-2021, SECTION 44, IS AMENDED TO
18 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) As
19 used in this section, "applicable high school" means a high school at
20 which all the students participate in a work based learning course (as
21 defined in IC 20-43-8-0.7) or school based enterprise.
22 (b) As used in this section, "primary use of the building" means an
23 occupancy classification that is:
24 (1) most closely related to the intended use of the building upon
25 construction; and
26 (2) determined by the rules of the fire prevention and building
27 safety commission established by IC 22-12-2-1 in effect at the
28 time that the applicable high school is first opened.
29 (c) An applicable high school shall comply with all rules of the fire
30 prevention and building safety commission applicable to the primary
31 use of the building.
32 SECTION 21. [EFFECTIVE UPON PASSAGE] (a) The Indiana
33 state board of education shall amend rules under IAC 575 as
34 necessary to comply with IC 20-18-2-1.7 and IC 20-27, as amended
35 by this act.
36 (b) This SECTION expires on June 30, 2023.
37 SECTION 22. An emergency is declared for this act.
EH 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
EH 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,
EH 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.
EH 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.
EH 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
EH 1251—LS 7066/DI 116 25
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred House Bill No. 1251, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 4, delete lines 21 through 42, begin a new paragraph and
insert:
"SECTION 3. IC 20-19-3-25 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2022]: Sec. 25. (a) The department shall establish an online
adjunct teacher portal on the department's Internet web site or
incorporate into the teacher referral system developed under
IC 20-20-3 a functionality to allow:
(1) a school corporation to post a vacant adjunct teacher
position; and
(2) an individual to:
(A) post a resume;
(B) post any other information requested by the school
corporation through the portal or system;
(C) make inquiries to the school corporation through the
portal or system; and
(D) view information relating to adjunct teachers
employed by a particular school corporation reported to
the department in accordance with IC 20-28-5-27(g).
(b) The department shall post the information received under
IC 20-28-5-27(g) on the department's portal or teacher referral
system described in subsection (a).".
Page 5, delete lines 1 through 15.
Page 5, between lines 26 and 27, begin a new line block indented
and insert:
"(3) A plan to implement the approved assessment changes in
conjunction with the implementation of revised academic
standards required under IC 20-31-3-1(d).".
Page 10, delete lines 28 through 42, begin a new paragraph and
insert:
"SECTION 10. IC 20-28-5-27 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) In an effort to fill a vacant
teaching position, offer a new program or class, or supplement a
program currently being offered, the governing body of a school
corporation may issue an adjunct teacher permit to an individual
EH 1251—LS 7066/DI 116 26
if the following minimum requirements are met:
(1) The individual has at least five (5) years of documented
occupational experience in the content area in which the
individual intends to teach.
(2) The school corporation conducts an expanded criminal
history check and expanded child protection index check
concerning the individual as required under IC 20-26-5-10.
(3) The individual has not been convicted of a felony listed in
section 8(c) of this chapter or described in section 8(d) of this
chapter or the individual's conviction has been reversed,
vacated, or set aside on appeal.
(4) If the permit is to be issued to an individual to teach
kindergarten through grade 5, the individual must teach:
(A) art;
(B) science; or
(C) music.
However, the governing body may establish stricter requirements
than the requirements prescribed by this subsection.
(b) If a governing body of a school corporation issues an adjunct
teacher permit to an individual under subsection (a):
(1) the school corporation may enter into a contract for
employment with the individual as a part-time teacher of the
school corporation working not more than twenty (20) hours
per week;
(2) the individual must be assigned a teacher mentor for
support in pedagogy; and
(3) the individual must complete the following training within
the first ninety (90) days of employment:
(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
training).
(D) IC 20-28-3-7 (training on human trafficking).
(c) An adjunct teacher may not provide special education
instruction.
(d) The salary of an adjunct teacher under a contract described
in IC 20-28-6-7.3 is not subject to the requirements under
IC 20-28-9-1.5 or a local compensation plan established by a school
corporation as described in IC 20-28-9-1.5. However, the school
corporation may not pay an adjunct teacher an hourly rate that is
more than the hourly rate that a school employer pays a first year
teacher without holding a discussion as described in
EH 1251—LS 7066/DI 116 27
IC 20-29-6-7(16).
(e) Except as otherwise provided in a collective bargaining
agreement entered into or renewed before July 1, 2022, an
employment contract entered into under this section is not subject
to a collective bargaining agreement entered into under IC 20-29.
(f) It is not an unfair practice for a school corporation to enter
into an employment contract under this section.
(g) Each school corporation that hires an adjunct teacher under
this section shall report to the department the following
information:
(1) The number of adjunct teachers who hold a permit issued
under this section that the school corporation has hired each
school 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 subsection (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.
(h) A school corporation shall:
(1) notify the parents of students enrolled in the school
corporation of a vacant adjunct teacher position; and
(2) post a vacant adjunct teacher position on the department's
online adjunct teacher portal established under IC 20-19-3-25.
(i) The governing body of a school corporation shall announce
any vacant adjunct teacher positions at meetings of the governing
body.".
Page 11, delete lines 1 through 34.
Page 12, delete lines 41 through 42, begin a new paragraph and
insert:
"SECTION 13. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) A contract entered into
between a school corporation and an individual who holds an
EH 1251—LS 7066/DI 116 28
adjunct teacher permit issued by the governing body of a school
corporation under IC 20-28-5-27 must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the following:
(A) The total salary to be paid to the adjunct teacher.
(B) The method and frequency of salary payments.
(C) The number of classes the adjunct teacher is to teach.
(D) The classes and subject matter areas that the adjunct
teacher will be teaching.
(E) An expiration date that is not later than the end of the
school year.
(b) An adjunct teacher may enter into contracts with more than
one (1) school corporation.".
Page 13, delete lines 1 through 17.
Page 16, line 6, delete "An employment agreement" and insert "A
contract".
Page 17, delete lines 9 through 10, begin a new line block indented
and insert:
"(16) The hourly pay rate of an adjunct teacher if the school
employer intends to pay the adjunct teacher an hourly rate
that is more than the hourly rate that the school employer
pays a first year teacher.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1251 as reprinted January 28, 2022.)
RAATZ, Chairperson
Committee Vote: Yeas 8, Nays 3.
EH 1251—LS 7066/DI 116