IN
Indiana House Bill HB1251

Indiana 2022 Regular Session

Indiana House Bill HB1251 Compare Versions

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1+*EH1251.1*
2+February 25, 2022
3+ENGROSSED
4+HOUSE BILL No. 1251
5+_____
6+DIGEST OF HB 1251 (Updated February 23, 2022 6:07 pm - DI 110)
7+Citations Affected: IC 10-13; IC 20-18; IC 20-19; IC 20-27;
8+IC 20-28; IC 20-29; IC 20-31; IC 20-37; noncode.
9+Synopsis: Various education matters. Requires the department of
10+education (department) to apply to the United States Department of
11+Education for assessment flexibility. Requires the department to: (1)
12+prepare a report that includes information and recommendations
13+regarding establishing and implementing a parent-teacher compact
14+program; and (2) submit the report to the legislative council not later
15+than November 1, 2022. Provides that the state board of education
16+(state board) shall, in consultation with postsecondary educational
17+institutions and various businesses and industries, identify what skills
18+or traits students need to be successful upon completion of high school.
19+Requires the department to conduct a research study regarding
20+academic standards. Requires the department to establish an online
21+adjunct teacher portal. Provides that: (1) the governing body of a school
22+corporation may issue an adjunct teacher permit to an individual who
23+(Continued next page)
24+Effective: Upon passage; July 1, 2022.
25+Behning, Carbaugh, Davis,
26+Goodrich
27+(SENATE SPONSOR — RAATZ)
28+January 6, 2022, read first time and referred to Committee on Education.
29+January 24, 2022, amended, reported — Do Pass.
30+January 27, 2022, read second time, amended, ordered engrossed.
31+January 28, 2022, engrossed.
32+January 31, 2022, read third time, passed. Yeas 73, nays 17.
33+SENATE ACTION
34+February 8, 2022, read first time and referred to Committee on Education and Career
35+Development.
36+February 24, 2022, amended, reported favorably — Do Pass.
37+EH 1251—LS 7066/DI 116 Digest Continued
38+meets certain requirements; and (2) if a governing body of a school
39+corporation issues an adjunct teacher permit to an individual, the
40+school corporation may enter into a contract for employment with the
41+individual as a part-time teacher of the school corporation. Establishes
42+requirements for adjunct teacher employment contracts. Provides that
43+the employment contracts are not subject to certain requirements
44+regarding teacher salaries and school corporation local compensation
45+plans. Provides that: (1) an adjunct teacher is not a school employee for
46+purposes of collective bargaining; and (2) an employment agreement
47+with an adjunct teacher is not subject to a collective bargaining
48+agreement. Provides that a school corporation may not pay an adjunct
49+teacher an hourly rate that is more than the hourly rate that a school
50+employer pays a first year teacher without holding a discussion with the
51+exclusive representative. Requires a school corporation to: (1) notify
52+the parents of students enrolled in the school corporation of a vacant
53+adjunct teacher position; and (2) post a vacant adjunct teacher position
54+on the department's online adjunct teacher portal. Requires the
55+governing body of a school corporation to announce any vacant adjunct
56+teacher positions at meetings of the governing body. Amends the
57+definition of "primary use of the building" for certain applicable high
58+schools to mean, in part, an occupancy classification most closely
59+related to the intended use of the building upon construction. Amends
60+the definition of "appropriate vehicle". Provides that a special purpose
61+bus or an appropriate vehicle may be used to transport students under
62+certain circumstances. Provides that the state board may adopt
63+emergency rules relating to school accreditation. Provides that the
64+driver of a special purpose bus or an appropriate vehicle must pass an
65+expanded criminal history check and an expanded child protection
66+index check. Makes changes to visual acuity requirements for a bus
67+driver.
68+EH 1251—LS 7066/DI 116EH 1251—LS 7066/DI 116 February 25, 2022
169 Second Regular Session of the 122nd General Assembly (2022)
270 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
371 Constitution) is being amended, the text of the existing provision will appear in this style type,
472 additions will appear in this style type, and deletions will appear in this style type.
573 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
674 provision adopted), the text of the new provision will appear in this style type. Also, the
775 word NEW will appear in that style type in the introductory clause of each SECTION that adds
876 a new provision to the Indiana Code or the Indiana Constitution.
977 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1078 between statutes enacted by the 2021 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1251
12-AN ACT to amend the Indiana Code concerning education.
79+ENGROSSED
80+HOUSE BILL No. 1251
81+A BILL FOR AN ACT to amend the Indiana Code concerning
82+education.
1383 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 6-3-1-3.5, AS AMENDED BY P.L.159-2021,
15-SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-UPON PASSAGE]: Sec. 3.5. When used in this article, the term
17-"adjusted gross income" shall mean the following:
18-(a) In the case of all individuals, "adjusted gross income" (as
19-defined in Section 62 of the Internal Revenue Code), modified as
20-follows:
21-(1) Subtract income that is exempt from taxation under this article
22-by the Constitution and statutes of the United States.
23-(2) Except as provided in subsection (c), add an amount equal to
24-any deduction or deductions allowed or allowable pursuant to
25-Section 62 of the Internal Revenue Code for taxes based on or
26-measured by income and levied at the state level by any state of
27-the United States.
28-(3) Subtract one thousand dollars ($1,000), or in the case of a
29-joint return filed by a husband and wife, subtract for each spouse
30-one thousand dollars ($1,000).
31-(4) Subtract one thousand dollars ($1,000) for:
32-(A) each of the exemptions provided by Section 151(c) of the
33-Internal Revenue Code (as effective January 1, 2017);
34-(B) each additional amount allowable under Section 63(f) of
35-the Internal Revenue Code; and
36-HEA 1251 — CC 1 2
37-(C) the spouse of the taxpayer if a separate return is made by
38-the taxpayer and if the spouse, for the calendar year in which
39-the taxable year of the taxpayer begins, has no gross income
40-and is not the dependent of another taxpayer.
41-(5) Subtract:
42-(A) one thousand five hundred dollars ($1,500) for each of the
43-exemptions allowed under Section 151(c)(1)(B) of the Internal
44-Revenue Code (as effective January 1, 2004);
45-(B) one thousand five hundred dollars ($1,500) for each
46-exemption allowed under Section 151(c) of the Internal
47-Revenue Code (as effective January 1, 2017) for an individual:
48-(i) who is less than nineteen (19) years of age or is a
49-full-time student who is less than twenty-four (24) years of
50-age;
51-(ii) for whom the taxpayer is the legal guardian; and
52-(iii) for whom the taxpayer does not claim an exemption
53-under clause (A); and
54-(C) five hundred dollars ($500) for each additional amount
55-allowable under Section 63(f)(1) of the Internal Revenue Code
56-if the federal adjusted gross income of the taxpayer, or the
57-taxpayer and the taxpayer's spouse in the case of a joint return,
58-is less than forty thousand dollars ($40,000). In the case of a
59-married individual filing a separate return, the qualifying
60-income amount in this clause is equal to twenty thousand
61-dollars ($20,000).
62-This amount is in addition to the amount subtracted under
63-subdivision (4).
64-(6) Subtract any amounts included in federal adjusted gross
65-income under Section 111 of the Internal Revenue Code as a
66-recovery of items previously deducted as an itemized deduction
67-from adjusted gross income.
68-(7) Subtract any amounts included in federal adjusted gross
69-income under the Internal Revenue Code which amounts were
70-received by the individual as supplemental railroad retirement
71-annuities under 45 U.S.C. 231 and which are not deductible under
72-subdivision (1).
73-(8) Subtract an amount equal to the amount of federal Social
74-Security and Railroad Retirement benefits included in a taxpayer's
75-federal gross income by Section 86 of the Internal Revenue Code.
76-(9) In the case of a nonresident taxpayer or a resident taxpayer
77-residing in Indiana for a period of less than the taxpayer's entire
78-taxable year, the total amount of the deductions allowed pursuant
79-HEA 1251 — CC 1 3
80-to subdivisions (3), (4), and (5) shall be reduced to an amount
81-which bears the same ratio to the total as the taxpayer's income
82-taxable in Indiana bears to the taxpayer's total income.
83-(10) In the case of an individual who is a recipient of assistance
84-under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7,
85-subtract an amount equal to that portion of the individual's
86-adjusted gross income with respect to which the individual is not
87-allowed under federal law to retain an amount to pay state and
88-local income taxes.
89-(11) In the case of an eligible individual, subtract the amount of
90-a Holocaust victim's settlement payment included in the
91-individual's federal adjusted gross income.
92-(12) Subtract an amount equal to the portion of any premiums
93-paid during the taxable year by the taxpayer for a qualified long
94-term care policy (as defined in IC 12-15-39.6-5) for the taxpayer
95-or the taxpayer's spouse if the taxpayer and the taxpayer's spouse
96-file a joint income tax return or the taxpayer is otherwise entitled
97-to a deduction under this subdivision for the taxpayer's spouse, or
98-both.
99-(13) Subtract an amount equal to the lesser of:
100-(A) two thousand five hundred dollars ($2,500), or one
101-thousand two hundred fifty dollars ($1,250) in the case of a
102-married individual filing a separate return; or
103-(B) the amount of property taxes that are paid during the
104-taxable year in Indiana by the individual on the individual's
105-principal place of residence.
106-(14) Subtract an amount equal to the amount of a September 11
107-terrorist attack settlement payment included in the individual's
108-federal adjusted gross income.
109-(15) Add or subtract the amount necessary to make the adjusted
110-gross income of any taxpayer that owns property for which bonus
111-depreciation was allowed in the current taxable year or in an
112-earlier taxable year equal to the amount of adjusted gross income
113-that would have been computed had an election not been made
114-under Section 168(k) of the Internal Revenue Code to apply bonus
115-depreciation to the property in the year that it was placed in
116-service.
117-(16) Add an amount equal to any deduction allowed under
118-Section 172 of the Internal Revenue Code (concerning net
119-operating losses).
120-(17) Add or subtract the amount necessary to make the adjusted
121-gross income of any taxpayer that placed Section 179 property (as
122-HEA 1251 — CC 1 4
123-defined in Section 179 of the Internal Revenue Code) in service
124-in the current taxable year or in an earlier taxable year equal to
125-the amount of adjusted gross income that would have been
126-computed had an election for federal income tax purposes not
127-been made for the year in which the property was placed in
128-service to take deductions under Section 179 of the Internal
129-Revenue Code in a total amount exceeding the sum of:
130-(A) twenty-five thousand dollars ($25,000) to the extent
131-deductions under Section 179 of the Internal Revenue Code
132-were not elected as provided in clause (B); and
133-(B) for taxable years beginning after December 31, 2017, the
134-deductions elected under Section 179 of the Internal Revenue
135-Code on property acquired in an exchange if:
136-(i) the exchange would have been eligible for
137-nonrecognition of gain or loss under Section 1031 of the
138-Internal Revenue Code in effect on January 1, 2017;
139-(ii) the exchange is not eligible for nonrecognition of gain or
140-loss under Section 1031 of the Internal Revenue Code; and
141-(iii) the taxpayer made an election to take deductions under
142-Section 179 of the Internal Revenue Code with regard to the
143-acquired property in the year that the property was placed
144-into service.
145-The amount of deductions allowable for an item of property
146-under this clause may not exceed the amount of adjusted gross
147-income realized on the property that would have been deferred
148-under the Internal Revenue Code in effect on January 1, 2017.
149-(18) Subtract an amount equal to the amount of the taxpayer's
150-qualified military income that was not excluded from the
151-taxpayer's gross income for federal income tax purposes under
152-Section 112 of the Internal Revenue Code.
153-(19) Subtract income that is:
154-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
155-derived from patents); and
156-(B) included in the individual's federal adjusted gross income
157-under the Internal Revenue Code.
158-(20) Add an amount equal to any income not included in gross
159-income as a result of the deferral of income arising from business
160-indebtedness discharged in connection with the reacquisition after
161-December 31, 2008, and before January 1, 2011, of an applicable
162-debt instrument, as provided in Section 108(i) of the Internal
163-Revenue Code. Subtract the amount necessary from the adjusted
164-gross income of any taxpayer that added an amount to adjusted
165-HEA 1251 — CC 1 5
166-gross income in a previous year to offset the amount included in
167-federal gross income as a result of the deferral of income arising
168-from business indebtedness discharged in connection with the
169-reacquisition after December 31, 2008, and before January 1,
170-2011, of an applicable debt instrument, as provided in Section
171-108(i) of the Internal Revenue Code.
172-(21) Add the amount excluded from federal gross income under
173-Section 103 of the Internal Revenue Code for interest received on
174-an obligation of a state other than Indiana, or a political
175-subdivision of such a state, that is acquired by the taxpayer after
176-December 31, 2011.
177-(22) Subtract an amount as described in Section 1341(a)(2) of the
178-Internal Revenue Code to the extent, if any, that the amount was
179-previously included in the taxpayer's adjusted gross income for a
180-prior taxable year.
181-(23) For taxable years beginning after December 25, 2016, add an
182-amount equal to the deduction for deferred foreign income that
183-was claimed by the taxpayer for the taxable year under Section
184-965(c) of the Internal Revenue Code.
185-(24) Subtract any interest expense paid or accrued in the current
186-taxable year but not deducted as a result of the limitation imposed
187-under Section 163(j)(1) of the Internal Revenue Code. Add any
188-interest expense paid or accrued in a previous taxable year but
189-allowed as a deduction under Section 163 of the Internal Revenue
190-Code in the current taxable year. For purposes of this subdivision,
191-an interest expense is considered paid or accrued only in the first
192-taxable year the deduction would have been allowable under
193-Section 163 of the Internal Revenue Code if the limitation under
194-Section 163(j)(1) of the Internal Revenue Code did not exist.
195-(25) Subtract the amount that would have been excluded from
196-gross income but for the enactment of Section 118(b)(2) of the
197-Internal Revenue Code for taxable years ending after December
198-22, 2017.
199-(26) For taxable years beginning after December 31, 2019, and
200-before January 1, 2021, add an amount of the deduction claimed
201-under Section 62(a)(22) of the Internal Revenue Code.
202-(27) For taxable years beginning after December 31, 2019, for
203-payments made by an employer under an education assistance
204-program after March 27, 2020:
205-(A) add the amount of payments by an employer that are
206-excluded from the taxpayer's federal gross income under
207-Section 127(c)(1)(B) of the Internal Revenue Code; and
208-HEA 1251 — CC 1 6
209-(B) deduct the interest allowable under Section 221 of the
210-Internal Revenue Code, if the disallowance under Section
211-221(e)(1) of the Internal Revenue Code did not apply to the
212-payments described in clause (A). For purposes of applying
213-Section 221(b) of the Internal Revenue Code to the amount
214-allowable under this clause, the amount under clause (A) shall
215-not be added to adjusted gross income.
216-(28) Add an amount equal to the remainder of:
217-(A) the amount allowable as a deduction under Section 274(n)
218-of the Internal Revenue Code; minus
219-(B) the amount otherwise allowable as a deduction under
220-Section 274(n) of the Internal Revenue Code, if Section
221-274(n)(2)(D) of the Internal Revenue Code was not in effect
222-for amounts paid or incurred after December 31, 2020.
223-(29) For taxable years beginning after December 31, 2017, and
224-before January 1, 2021, add an amount equal to the excess
225-business loss of the taxpayer as defined in Section 461(l)(3) of the
226-Internal Revenue Code. In addition:
227-(A) If a taxpayer has an excess business loss under this
228-subdivision and also has modifications under subdivisions (15)
229-and (17) for property placed in service during the taxable year,
230-the taxpayer shall treat a portion of the taxable year
231-modifications for that property as occurring in the taxable year
232-the property is placed in service and a portion of the
233-modifications as occurring in the immediately following
234-taxable year.
235-(B) The portion of the modifications under subdivisions (15)
236-and (17) for property placed in service during the taxable year
237-treated as occurring in the taxable year in which the property
238-is placed in service equals:
239-(i) the modification for the property otherwise determined
240-under this section; minus
241-(ii) the excess business loss disallowed under this
242-subdivision;
243-but not less than zero (0).
244-(C) The portion of the modifications under subdivisions (15)
245-and (17) for property placed in service during the taxable year
246-treated as occurring in the taxable year immediately following
247-the taxable year in which the property is placed in service
248-equals the modification for the property otherwise determined
249-under this section minus the amount in clause (B).
250-(D) Any reallocation of modifications between taxable years
251-HEA 1251 — CC 1 7
252-under clauses (B) and (C) shall be first allocated to the
253-modification under subdivision (15), then to the modification
254-under subdivision (17).
255-(30) Add an amount equal to the amount excluded from federal
256-gross income under Section 108(f)(5) of the Internal Revenue
257-Code. For purposes of this subdivision, if an amount excluded
258-under Section 108(f)(5) of the Internal Revenue Code would be
259-excludible under Section 108(a)(1)(B) of the Internal Revenue
260-Code, the exclusion under Section 108(a)(1)(B) of the Internal
261-Revenue Code shall take precedence.
262-(31) For taxable years ending after March 12, 2020, subtract an
263-amount equal to the deduction disallowed pursuant to:
264-(A) Section 2301(e) of the CARES Act (Public Law 116-136),
265-as modified by Sections 206 and 207 of the Taxpayer Certainty
266-and Disaster Relief Tax Act (Division EE of Public Law
267-116-260); and
268-(B) Section 3134(e) of the Internal Revenue Code.
269-(32) Subtract the amount of an annual grant amount distributed to
270-a taxpayer's Indiana education scholarship account under
271-IC 20-51.4-4-2 that is used for a qualified expense (as defined in
272-IC 20-51.4-2-9) or to an Indiana enrichment scholarship
273-account under IC 20-52 that is used for qualified expenses (as
274-defined in IC 20-52-2-6), to the extent the distribution used for
275-the qualified expense is included in the taxpayer's federal adjusted
276-gross income under the Internal Revenue Code.
277-(33) For taxable years beginning after December 31, 2019, and
278-before January 1, 2021, add an amount equal to the amount of
279-unemployment compensation excluded from federal gross income
280-under Section 85(c) of the Internal Revenue Code.
281-(34) Subtract any other amounts the taxpayer is entitled to deduct
282-under IC 6-3-2.
283-(b) In the case of corporations, the same as "taxable income" (as
284-defined in Section 63 of the Internal Revenue Code) adjusted as
285-follows:
286-(1) Subtract income that is exempt from taxation under this article
287-by the Constitution and statutes of the United States.
288-(2) Add an amount equal to any deduction or deductions allowed
289-or allowable pursuant to Section 170 of the Internal Revenue
290-Code (concerning charitable contributions).
291-(3) Except as provided in subsection (c), add an amount equal to
292-any deduction or deductions allowed or allowable pursuant to
293-Section 63 of the Internal Revenue Code for taxes based on or
294-HEA 1251 — CC 1 8
295-measured by income and levied at the state level by any state of
296-the United States.
297-(4) Subtract an amount equal to the amount included in the
298-corporation's taxable income under Section 78 of the Internal
299-Revenue Code (concerning foreign tax credits).
300-(5) Add or subtract the amount necessary to make the adjusted
301-gross income of any taxpayer that owns property for which bonus
302-depreciation was allowed in the current taxable year or in an
303-earlier taxable year equal to the amount of adjusted gross income
304-that would have been computed had an election not been made
305-under Section 168(k) of the Internal Revenue Code to apply bonus
306-depreciation to the property in the year that it was placed in
307-service.
308-(6) Add an amount equal to any deduction allowed under Section
309-172 of the Internal Revenue Code (concerning net operating
310-losses).
311-(7) Add or subtract the amount necessary to make the adjusted
312-gross income of any taxpayer that placed Section 179 property (as
313-defined in Section 179 of the Internal Revenue Code) in service
314-in the current taxable year or in an earlier taxable year equal to
315-the amount of adjusted gross income that would have been
316-computed had an election for federal income tax purposes not
317-been made for the year in which the property was placed in
318-service to take deductions under Section 179 of the Internal
319-Revenue Code in a total amount exceeding the sum of:
320-(A) twenty-five thousand dollars ($25,000) to the extent
321-deductions under Section 179 of the Internal Revenue Code
322-were not elected as provided in clause (B); and
323-(B) for taxable years beginning after December 31, 2017, the
324-deductions elected under Section 179 of the Internal Revenue
325-Code on property acquired in an exchange if:
326-(i) the exchange would have been eligible for
327-nonrecognition of gain or loss under Section 1031 of the
328-Internal Revenue Code in effect on January 1, 2017;
329-(ii) the exchange is not eligible for nonrecognition of gain or
330-loss under Section 1031 of the Internal Revenue Code; and
331-(iii) the taxpayer made an election to take deductions under
332-Section 179 of the Internal Revenue Code with regard to the
333-acquired property in the year that the property was placed
334-into service.
335-The amount of deductions allowable for an item of property
336-under this clause may not exceed the amount of adjusted gross
337-HEA 1251 — CC 1 9
338-income realized on the property that would have been deferred
339-under the Internal Revenue Code in effect on January 1, 2017.
340-(8) Add to the extent required by IC 6-3-2-20:
341-(A) the amount of intangible expenses (as defined in
342-IC 6-3-2-20) for the taxable year that reduced the corporation's
343-taxable income (as defined in Section 63 of the Internal
344-Revenue Code) for federal income tax purposes; and
345-(B) any directly related interest expenses (as defined in
346-IC 6-3-2-20) that reduced the corporation's adjusted gross
347-income (determined without regard to this subdivision). For
348-purposes of this clause, any directly related interest expense
349-that constitutes business interest within the meaning of Section
350-163(j) of the Internal Revenue Code shall be considered to
351-have reduced the taxpayer's federal taxable income only in the
352-first taxable year in which the deduction otherwise would have
353-been allowable under Section 163 of the Internal Revenue
354-Code if the limitation under Section 163(j)(1) of the Internal
355-Revenue Code did not exist.
356-(9) Add an amount equal to any deduction for dividends paid (as
357-defined in Section 561 of the Internal Revenue Code) to
358-shareholders of a captive real estate investment trust (as defined
359-in section 34.5 of this chapter).
360-(10) Subtract income that is:
361-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
362-derived from patents); and
363-(B) included in the corporation's taxable income under the
364-Internal Revenue Code.
365-(11) Add an amount equal to any income not included in gross
366-income as a result of the deferral of income arising from business
367-indebtedness discharged in connection with the reacquisition after
368-December 31, 2008, and before January 1, 2011, of an applicable
369-debt instrument, as provided in Section 108(i) of the Internal
370-Revenue Code. Subtract from the adjusted gross income of any
371-taxpayer that added an amount to adjusted gross income in a
372-previous year the amount necessary to offset the amount included
373-in federal gross income as a result of the deferral of income
374-arising from business indebtedness discharged in connection with
375-the reacquisition after December 31, 2008, and before January 1,
376-2011, of an applicable debt instrument, as provided in Section
377-108(i) of the Internal Revenue Code.
378-(12) Add the amount excluded from federal gross income under
379-Section 103 of the Internal Revenue Code for interest received on
380-HEA 1251 — CC 1 10
381-an obligation of a state other than Indiana, or a political
382-subdivision of such a state, that is acquired by the taxpayer after
383-December 31, 2011.
384-(13) For taxable years beginning after December 25, 2016:
385-(A) for a corporation other than a real estate investment trust,
386-add:
387-(i) an amount equal to the amount reported by the taxpayer
388-on IRC 965 Transition Tax Statement, line 1; or
389-(ii) if the taxpayer deducted an amount under Section 965(c)
390-of the Internal Revenue Code in determining the taxpayer's
391-taxable income for purposes of the federal income tax, the
392-amount deducted under Section 965(c) of the Internal
393-Revenue Code; and
394-(B) for a real estate investment trust, add an amount equal to
395-the deduction for deferred foreign income that was claimed by
396-the taxpayer for the taxable year under Section 965(c) of the
397-Internal Revenue Code, but only to the extent that the taxpayer
398-included income pursuant to Section 965 of the Internal
399-Revenue Code in its taxable income for federal income tax
400-purposes or is required to add back dividends paid under
401-subdivision (9).
402-(14) Add an amount equal to the deduction that was claimed by
403-the taxpayer for the taxable year under Section 250(a)(1)(B) of the
404-Internal Revenue Code (attributable to global intangible
405-low-taxed income). The taxpayer shall separately specify the
406-amount of the reduction under Section 250(a)(1)(B)(i) of the
407-Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
408-Internal Revenue Code.
409-(15) Subtract any interest expense paid or accrued in the current
410-taxable year but not deducted as a result of the limitation imposed
411-under Section 163(j)(1) of the Internal Revenue Code. Add any
412-interest expense paid or accrued in a previous taxable year but
413-allowed as a deduction under Section 163 of the Internal Revenue
414-Code in the current taxable year. For purposes of this subdivision,
415-an interest expense is considered paid or accrued only in the first
416-taxable year the deduction would have been allowable under
417-Section 163 of the Internal Revenue Code if the limitation under
418-Section 163(j)(1) of the Internal Revenue Code did not exist.
419-(16) Subtract the amount that would have been excluded from
420-gross income but for the enactment of Section 118(b)(2) of the
421-Internal Revenue Code for taxable years ending after December
422-22, 2017.
423-HEA 1251 — CC 1 11
424-(17) Add an amount equal to the remainder of:
425-(A) the amount allowable as a deduction under Section 274(n)
426-of the Internal Revenue Code; minus
427-(B) the amount otherwise allowable as a deduction under
428-Section 274(n) of the Internal Revenue Code, if Section
429-274(n)(2)(D) of the Internal Revenue Code was not in effect
430-for amounts paid or incurred after December 31, 2020.
431-(18) For taxable years ending after March 12, 2020, subtract an
432-amount equal to the deduction disallowed pursuant to:
433-(A) Section 2301(e) of the CARES Act (Public Law 116-136),
434-as modified by Sections 206 and 207 of the Taxpayer Certainty
435-and Disaster Relief Tax Act (Division EE of Public Law
436-116-260); and
437-(B) Section 3134(e) of the Internal Revenue Code.
438-(19) Add or subtract any other amounts the taxpayer is:
439-(A) required to add or subtract; or
440-(B) entitled to deduct;
441-under IC 6-3-2.
442-(c) The following apply to taxable years beginning after December
443-31, 2018, for purposes of the add back of any deduction allowed on the
444-taxpayer's federal income tax return for wagering taxes, as provided in
445-subsection (a)(2) if the taxpayer is an individual or subsection (b)(3) if
446-the taxpayer is a corporation:
447-(1) For taxable years beginning after December 31, 2018, and
448-before January 1, 2020, a taxpayer is required to add back under
449-this section eighty-seven and five-tenths percent (87.5%) of any
450-deduction allowed on the taxpayer's federal income tax return for
451-wagering taxes.
452-(2) For taxable years beginning after December 31, 2019, and
453-before January 1, 2021, a taxpayer is required to add back under
454-this section seventy-five percent (75%) of any deduction allowed
455-on the taxpayer's federal income tax return for wagering taxes.
456-(3) For taxable years beginning after December 31, 2020, and
457-before January 1, 2022, a taxpayer is required to add back under
458-this section sixty-two and five-tenths percent (62.5%) of any
459-deduction allowed on the taxpayer's federal income tax return for
460-wagering taxes.
461-(4) For taxable years beginning after December 31, 2021, and
462-before January 1, 2023, a taxpayer is required to add back under
463-this section fifty percent (50%) of any deduction allowed on the
464-taxpayer's federal income tax return for wagering taxes.
465-(5) For taxable years beginning after December 31, 2022, and
466-HEA 1251 — CC 1 12
467-before January 1, 2024, a taxpayer is required to add back under
468-this section thirty-seven and five-tenths percent (37.5%) of any
469-deduction allowed on the taxpayer's federal income tax return for
470-wagering taxes.
471-(6) For taxable years beginning after December 31, 2023, and
472-before January 1, 2025, a taxpayer is required to add back under
473-this section twenty-five percent (25%) of any deduction allowed
474-on the taxpayer's federal income tax return for wagering taxes.
475-(7) For taxable years beginning after December 31, 2024, and
476-before January 1, 2026, a taxpayer is required to add back under
477-this section twelve and five-tenths percent (12.5%) of any
478-deduction allowed on the taxpayer's federal income tax return for
479-wagering taxes.
480-(8) For taxable years beginning after December 31, 2025, a
481-taxpayer is not required to add back under this section any amount
482-of a deduction allowed on the taxpayer's federal income tax return
483-for wagering taxes.
484-(d) In the case of life insurance companies (as defined in Section
485-816(a) of the Internal Revenue Code) that are organized under Indiana
486-law, the same as "life insurance company taxable income" (as defined
487-in Section 801 of the Internal Revenue Code), adjusted as follows:
488-(1) Subtract income that is exempt from taxation under this article
489-by the Constitution and statutes of the United States.
490-(2) Add an amount equal to any deduction allowed or allowable
491-under Section 170 of the Internal Revenue Code (concerning
492-charitable contributions).
493-(3) Add an amount equal to a deduction allowed or allowable
494-under Section 805 or Section 832(c) of the Internal Revenue Code
495-for taxes based on or measured by income and levied at the state
496-level by any state.
497-(4) Subtract an amount equal to the amount included in the
498-company's taxable income under Section 78 of the Internal
499-Revenue Code (concerning foreign tax credits).
500-(5) Add or subtract the amount necessary to make the adjusted
501-gross income of any taxpayer that owns property for which bonus
502-depreciation was allowed in the current taxable year or in an
503-earlier taxable year equal to the amount of adjusted gross income
504-that would have been computed had an election not been made
505-under Section 168(k) of the Internal Revenue Code to apply bonus
506-depreciation to the property in the year that it was placed in
507-service.
508-(6) Add an amount equal to any deduction allowed under Section
509-HEA 1251 — CC 1 13
510-172 of the Internal Revenue Code (concerning net operating
511-losses).
512-(7) Add or subtract the amount necessary to make the adjusted
513-gross income of any taxpayer that placed Section 179 property (as
514-defined in Section 179 of the Internal Revenue Code) in service
515-in the current taxable year or in an earlier taxable year equal to
516-the amount of adjusted gross income that would have been
517-computed had an election for federal income tax purposes not
518-been made for the year in which the property was placed in
519-service to take deductions under Section 179 of the Internal
520-Revenue Code in a total amount exceeding the sum of:
521-(A) twenty-five thousand dollars ($25,000) to the extent
522-deductions under Section 179 of the Internal Revenue Code
523-were not elected as provided in clause (B); and
524-(B) for taxable years beginning after December 31, 2017, the
525-deductions elected under Section 179 of the Internal Revenue
526-Code on property acquired in an exchange if:
527-(i) the exchange would have been eligible for
528-nonrecognition of gain or loss under Section 1031 of the
529-Internal Revenue Code in effect on January 1, 2017;
530-(ii) the exchange is not eligible for nonrecognition of gain or
531-loss under Section 1031 of the Internal Revenue Code; and
532-(iii) the taxpayer made an election to take deductions under
533-Section 179 of the Internal Revenue Code with regard to the
534-acquired property in the year that the property was placed
535-into service.
536-The amount of deductions allowable for an item of property
537-under this clause may not exceed the amount of adjusted gross
538-income realized on the property that would have been deferred
539-under the Internal Revenue Code in effect on January 1, 2017.
540-(8) Subtract income that is:
541-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
542-derived from patents); and
543-(B) included in the insurance company's taxable income under
544-the Internal Revenue Code.
545-(9) Add an amount equal to any income not included in gross
546-income as a result of the deferral of income arising from business
547-indebtedness discharged in connection with the reacquisition after
548-December 31, 2008, and before January 1, 2011, of an applicable
549-debt instrument, as provided in Section 108(i) of the Internal
550-Revenue Code. Subtract from the adjusted gross income of any
551-taxpayer that added an amount to adjusted gross income in a
552-HEA 1251 — CC 1 14
553-previous year the amount necessary to offset the amount included
554-in federal gross income as a result of the deferral of income
555-arising from business indebtedness discharged in connection with
556-the reacquisition after December 31, 2008, and before January 1,
557-2011, of an applicable debt instrument, as provided in Section
558-108(i) of the Internal Revenue Code.
559-(10) Add an amount equal to any exempt insurance income under
560-Section 953(e) of the Internal Revenue Code that is active
561-financing income under Subpart F of Subtitle A, Chapter 1,
562-Subchapter N of the Internal Revenue Code.
563-(11) Add the amount excluded from federal gross income under
564-Section 103 of the Internal Revenue Code for interest received on
565-an obligation of a state other than Indiana, or a political
566-subdivision of such a state, that is acquired by the taxpayer after
567-December 31, 2011.
568-(12) For taxable years beginning after December 25, 2016, add:
569-(A) an amount equal to the amount reported by the taxpayer on
570-IRC 965 Transition Tax Statement, line 1; or
571-(B) if the taxpayer deducted an amount under Section 965(c)
572-of the Internal Revenue Code in determining the taxpayer's
573-taxable income for purposes of the federal income tax, the
574-amount deducted under Section 965(c) of the Internal Revenue
575-Code.
576-(13) Add an amount equal to the deduction that was claimed by
577-the taxpayer for the taxable year under Section 250(a)(1)(B) of the
578-Internal Revenue Code (attributable to global intangible
579-low-taxed income). The taxpayer shall separately specify the
580-amount of the reduction under Section 250(a)(1)(B)(i) of the
581-Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
582-Internal Revenue Code.
583-(14) Subtract any interest expense paid or accrued in the current
584-taxable year but not deducted as a result of the limitation imposed
585-under Section 163(j)(1) of the Internal Revenue Code. Add any
586-interest expense paid or accrued in a previous taxable year but
587-allowed as a deduction under Section 163 of the Internal Revenue
588-Code in the current taxable year. For purposes of this subdivision,
589-an interest expense is considered paid or accrued only in the first
590-taxable year the deduction would have been allowable under
591-Section 163 of the Internal Revenue Code if the limitation under
592-Section 163(j)(1) of the Internal Revenue Code did not exist.
593-(15) Subtract the amount that would have been excluded from
594-gross income but for the enactment of Section 118(b)(2) of the
595-HEA 1251 — CC 1 15
596-Internal Revenue Code for taxable years ending after December
597-22, 2017.
598-(16) Add an amount equal to the remainder of:
599-(A) the amount allowable as a deduction under Section 274(n)
600-of the Internal Revenue Code; minus
601-(B) the amount otherwise allowable as a deduction under
602-Section 274(n) of the Internal Revenue Code, if Section
603-274(n)(2)(D) of the Internal Revenue Code was not in effect
604-for amounts paid or incurred after December 31, 2020.
605-(17) For taxable years ending after March 12, 2020, subtract an
606-amount equal to the deduction disallowed pursuant to:
607-(A) Section 2301(e) of the CARES Act (Public Law 116-136),
608-as modified by Sections 206 and 207 of the Taxpayer Certainty
609-and Disaster Relief Tax Act (Division EE of Public Law
610-116-260); and
611-(B) Section 3134(e) of the Internal Revenue Code.
612-(18) Add or subtract any other amounts the taxpayer is:
613-(A) required to add or subtract; or
614-(B) entitled to deduct;
615-under IC 6-3-2.
616-(e) In the case of insurance companies subject to tax under Section
617-831 of the Internal Revenue Code and organized under Indiana law, the
618-same as "taxable income" (as defined in Section 832 of the Internal
619-Revenue Code), adjusted as follows:
620-(1) Subtract income that is exempt from taxation under this article
621-by the Constitution and statutes of the United States.
622-(2) Add an amount equal to any deduction allowed or allowable
623-under Section 170 of the Internal Revenue Code (concerning
624-charitable contributions).
625-(3) Add an amount equal to a deduction allowed or allowable
626-under Section 805 or Section 832(c) of the Internal Revenue Code
627-for taxes based on or measured by income and levied at the state
628-level by any state.
629-(4) Subtract an amount equal to the amount included in the
630-company's taxable income under Section 78 of the Internal
631-Revenue Code (concerning foreign tax credits).
632-(5) Add or subtract the amount necessary to make the adjusted
633-gross income of any taxpayer that owns property for which bonus
634-depreciation was allowed in the current taxable year or in an
635-earlier taxable year equal to the amount of adjusted gross income
636-that would have been computed had an election not been made
637-under Section 168(k) of the Internal Revenue Code to apply bonus
638-HEA 1251 — CC 1 16
639-depreciation to the property in the year that it was placed in
640-service.
641-(6) Add an amount equal to any deduction allowed under Section
642-172 of the Internal Revenue Code (concerning net operating
643-losses).
644-(7) Add or subtract the amount necessary to make the adjusted
645-gross income of any taxpayer that placed Section 179 property (as
646-defined in Section 179 of the Internal Revenue Code) in service
647-in the current taxable year or in an earlier taxable year equal to
648-the amount of adjusted gross income that would have been
649-computed had an election for federal income tax purposes not
650-been made for the year in which the property was placed in
651-service to take deductions under Section 179 of the Internal
652-Revenue Code in a total amount exceeding the sum of:
653-(A) twenty-five thousand dollars ($25,000) to the extent
654-deductions under Section 179 of the Internal Revenue Code
655-were not elected as provided in clause (B); and
656-(B) for taxable years beginning after December 31, 2017, the
657-deductions elected under Section 179 of the Internal Revenue
658-Code on property acquired in an exchange if:
659-(i) the exchange would have been eligible for
660-nonrecognition of gain or loss under Section 1031 of the
661-Internal Revenue Code in effect on January 1, 2017;
662-(ii) the exchange is not eligible for nonrecognition of gain or
663-loss under Section 1031 of the Internal Revenue Code; and
664-(iii) the taxpayer made an election to take deductions under
665-Section 179 of the Internal Revenue Code with regard to the
666-acquired property in the year that the property was placed
667-into service.
668-The amount of deductions allowable for an item of property
669-under this clause may not exceed the amount of adjusted gross
670-income realized on the property that would have been deferred
671-under the Internal Revenue Code in effect on January 1, 2017.
672-(8) Subtract income that is:
673-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
674-derived from patents); and
675-(B) included in the insurance company's taxable income under
676-the Internal Revenue Code.
677-(9) Add an amount equal to any income not included in gross
678-income as a result of the deferral of income arising from business
679-indebtedness discharged in connection with the reacquisition after
680-December 31, 2008, and before January 1, 2011, of an applicable
681-HEA 1251 — CC 1 17
682-debt instrument, as provided in Section 108(i) of the Internal
683-Revenue Code. Subtract from the adjusted gross income of any
684-taxpayer that added an amount to adjusted gross income in a
685-previous year the amount necessary to offset the amount included
686-in federal gross income as a result of the deferral of income
687-arising from business indebtedness discharged in connection with
688-the reacquisition after December 31, 2008, and before January 1,
689-2011, of an applicable debt instrument, as provided in Section
690-108(i) of the Internal Revenue Code.
691-(10) Add an amount equal to any exempt insurance income under
692-Section 953(e) of the Internal Revenue Code that is active
693-financing income under Subpart F of Subtitle A, Chapter 1,
694-Subchapter N of the Internal Revenue Code.
695-(11) Add the amount excluded from federal gross income under
696-Section 103 of the Internal Revenue Code for interest received on
697-an obligation of a state other than Indiana, or a political
698-subdivision of such a state, that is acquired by the taxpayer after
699-December 31, 2011.
700-(12) For taxable years beginning after December 25, 2016, add:
701-(A) an amount equal to the amount reported by the taxpayer on
702-IRC 965 Transition Tax Statement, line 1; or
703-(B) if the taxpayer deducted an amount under Section 965(c)
704-of the Internal Revenue Code in determining the taxpayer's
705-taxable income for purposes of the federal income tax, the
706-amount deducted under Section 965(c) of the Internal Revenue
707-Code.
708-(13) Add an amount equal to the deduction that was claimed by
709-the taxpayer for the taxable year under Section 250(a)(1)(B) of the
710-Internal Revenue Code (attributable to global intangible
711-low-taxed income). The taxpayer shall separately specify the
712-amount of the reduction under Section 250(a)(1)(B)(i) of the
713-Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
714-Internal Revenue Code.
715-(14) Subtract any interest expense paid or accrued in the current
716-taxable year but not deducted as a result of the limitation imposed
717-under Section 163(j)(1) of the Internal Revenue Code. Add any
718-interest expense paid or accrued in a previous taxable year but
719-allowed as a deduction under Section 163 of the Internal Revenue
720-Code in the current taxable year. For purposes of this subdivision,
721-an interest expense is considered paid or accrued only in the first
722-taxable year the deduction would have been allowable under
723-Section 163 of the Internal Revenue Code if the limitation under
724-HEA 1251 — CC 1 18
725-Section 163(j)(1) of the Internal Revenue Code did not exist.
726-(15) Subtract the amount that would have been excluded from
727-gross income but for the enactment of Section 118(b)(2) of the
728-Internal Revenue Code for taxable years ending after December
729-22, 2017.
730-(16) Add an amount equal to the remainder of:
731-(A) the amount allowable as a deduction under Section 274(n)
732-of the Internal Revenue Code; minus
733-(B) the amount otherwise allowable as a deduction under
734-Section 274(n) of the Internal Revenue Code, if Section
735-274(n)(2)(D) of the Internal Revenue Code was not in effect
736-for amounts paid or incurred after December 31, 2020.
737-(17) For taxable years ending after March 12, 2020, subtract an
738-amount equal to the deduction disallowed pursuant to:
739-(A) Section 2301(e) of the CARES Act (Public Law 116-136),
740-as modified by Sections 206 and 207 of the Taxpayer Certainty
741-and Disaster Relief Tax Act (Division EE of Public Law
742-116-260); and
743-(B) Section 3134(e) of the Internal Revenue Code.
744-(18) Add or subtract any other amounts the taxpayer is:
745-(A) required to add or subtract; or
746-(B) entitled to deduct;
747-under IC 6-3-2.
748-(f) In the case of trusts and estates, "taxable income" (as defined for
749-trusts and estates in Section 641(b) of the Internal Revenue Code)
750-adjusted as follows:
751-(1) Subtract income that is exempt from taxation under this article
752-by the Constitution and statutes of the United States.
753-(2) Subtract an amount equal to the amount of a September 11
754-terrorist attack settlement payment included in the federal
755-adjusted gross income of the estate of a victim of the September
756-11 terrorist attack or a trust to the extent the trust benefits a victim
757-of the September 11 terrorist attack.
758-(3) Add or subtract the amount necessary to make the adjusted
759-gross income of any taxpayer that owns property for which bonus
760-depreciation was allowed in the current taxable year or in an
761-earlier taxable year equal to the amount of adjusted gross income
762-that would have been computed had an election not been made
763-under Section 168(k) of the Internal Revenue Code to apply bonus
764-depreciation to the property in the year that it was placed in
765-service.
766-(4) Add an amount equal to any deduction allowed under Section
767-HEA 1251 — CC 1 19
768-172 of the Internal Revenue Code (concerning net operating
769-losses).
770-(5) Add or subtract the amount necessary to make the adjusted
771-gross income of any taxpayer that placed Section 179 property (as
772-defined in Section 179 of the Internal Revenue Code) in service
773-in the current taxable year or in an earlier taxable year equal to
774-the amount of adjusted gross income that would have been
775-computed had an election for federal income tax purposes not
776-been made for the year in which the property was placed in
777-service to take deductions under Section 179 of the Internal
778-Revenue Code in a total amount exceeding the sum of:
779-(A) twenty-five thousand dollars ($25,000) to the extent
780-deductions under Section 179 of the Internal Revenue Code
781-were not elected as provided in clause (B); and
782-(B) for taxable years beginning after December 31, 2017, the
783-deductions elected under Section 179 of the Internal Revenue
784-Code on property acquired in an exchange if:
785-(i) the exchange would have been eligible for
786-nonrecognition of gain or loss under Section 1031 of the
787-Internal Revenue Code in effect on January 1, 2017;
788-(ii) the exchange is not eligible for nonrecognition of gain or
789-loss under Section 1031 of the Internal Revenue Code; and
790-(iii) the taxpayer made an election to take deductions under
791-Section 179 of the Internal Revenue Code with regard to the
792-acquired property in the year that the property was placed
793-into service.
794-The amount of deductions allowable for an item of property
795-under this clause may not exceed the amount of adjusted gross
796-income realized on the property that would have been deferred
797-under the Internal Revenue Code in effect on January 1, 2017.
798-(6) Subtract income that is:
799-(A) exempt from taxation under IC 6-3-2-21.7 (certain income
800-derived from patents); and
801-(B) included in the taxpayer's taxable income under the
802-Internal Revenue Code.
803-(7) Add an amount equal to any income not included in gross
804-income as a result of the deferral of income arising from business
805-indebtedness discharged in connection with the reacquisition after
806-December 31, 2008, and before January 1, 2011, of an applicable
807-debt instrument, as provided in Section 108(i) of the Internal
808-Revenue Code. Subtract from the adjusted gross income of any
809-taxpayer that added an amount to adjusted gross income in a
810-HEA 1251 — CC 1 20
811-previous year the amount necessary to offset the amount included
812-in federal gross income as a result of the deferral of income
813-arising from business indebtedness discharged in connection with
814-the reacquisition after December 31, 2008, and before January 1,
815-2011, of an applicable debt instrument, as provided in Section
816-108(i) of the Internal Revenue Code.
817-(8) Add the amount excluded from federal gross income under
818-Section 103 of the Internal Revenue Code for interest received on
819-an obligation of a state other than Indiana, or a political
820-subdivision of such a state, that is acquired by the taxpayer after
821-December 31, 2011.
822-(9) For taxable years beginning after December 25, 2016, add an
823-amount equal to:
824-(A) the amount reported by the taxpayer on IRC 965
825-Transition Tax Statement, line 1;
826-(B) if the taxpayer deducted an amount under Section 965(c)
827-of the Internal Revenue Code in determining the taxpayer's
828-taxable income for purposes of the federal income tax, the
829-amount deducted under Section 965(c) of the Internal Revenue
830-Code; and
831-(C) with regard to any amounts of income under Section 965
832-of the Internal Revenue Code distributed by the taxpayer, the
833-deduction under Section 965(c) of the Internal Revenue Code
834-attributable to such distributed amounts and not reported to the
835-beneficiary.
836-For purposes of this article, the amount required to be added back
837-under clause (B) is not considered to be distributed or
838-distributable to a beneficiary of the estate or trust for purposes of
839-Sections 651 and 661 of the Internal Revenue Code.
840-(10) Subtract any interest expense paid or accrued in the current
841-taxable year but not deducted as a result of the limitation imposed
842-under Section 163(j)(1) of the Internal Revenue Code. Add any
843-interest expense paid or accrued in a previous taxable year but
844-allowed as a deduction under Section 163 of the Internal Revenue
845-Code in the current taxable year. For purposes of this subdivision,
846-an interest expense is considered paid or accrued only in the first
847-taxable year the deduction would have been allowable under
848-Section 163 of the Internal Revenue Code if the limitation under
849-Section 163(j)(1) of the Internal Revenue Code did not exist.
850-(11) Add an amount equal to the deduction for qualified business
851-income that was claimed by the taxpayer for the taxable year
852-under Section 199A of the Internal Revenue Code.
853-HEA 1251 — CC 1 21
854-(12) Subtract the amount that would have been excluded from
855-gross income but for the enactment of Section 118(b)(2) of the
856-Internal Revenue Code for taxable years ending after December
857-22, 2017.
858-(13) Add an amount equal to the remainder of:
859-(A) the amount allowable as a deduction under Section 274(n)
860-of the Internal Revenue Code; minus
861-(B) the amount otherwise allowable as a deduction under
862-Section 274(n) of the Internal Revenue Code, if Section
863-274(n)(2)(D) of the Internal Revenue Code was not in effect
864-for amounts paid or incurred after December 31, 2020.
865-(14) For taxable years beginning after December 31, 2017, and
866-before January 1, 2021, add an amount equal to the excess
867-business loss of the taxpayer as defined in Section 461(l)(3) of the
868-Internal Revenue Code. In addition:
869-(A) If a taxpayer has an excess business loss under this
870-subdivision and also has modifications under subdivisions (3)
871-and (5) for property placed in service during the taxable year,
872-the taxpayer shall treat a portion of the taxable year
873-modifications for that property as occurring in the taxable year
874-the property is placed in service and a portion of the
875-modifications as occurring in the immediately following
876-taxable year.
877-(B) The portion of the modifications under subdivisions (3)
878-and (5) for property placed in service during the taxable year
879-treated as occurring in the taxable year in which the property
880-is placed in service equals:
881-(i) the modification for the property otherwise determined
882-under this section; minus
883-(ii) the excess business loss disallowed under this
884-subdivision;
885-but not less than zero (0).
886-(C) The portion of the modifications under subdivisions (3)
887-and (5) for property placed in service during the taxable year
888-treated as occurring in the taxable year immediately following
889-the taxable year in which the property is placed in service
890-equals the modification for the property otherwise determined
891-under this section minus the amount in clause (B).
892-(D) Any reallocation of modifications between taxable years
893-under clauses (B) and (C) shall be first allocated to the
894-modification under subdivision (3), then to the modification
895-under subdivision (5).
896-HEA 1251 — CC 1 22
897-(15) For taxable years ending after March 12, 2020, subtract an
898-amount equal to the deduction disallowed pursuant to:
899-(A) Section 2301(e) of the CARES Act (Public Law 116-136),
900-as modified by Sections 206 and 207 of the Taxpayer Certainty
901-and Disaster Relief Tax Act (Division EE of Public Law
902-116-260); and
903-(B) Section 3134(e) of the Internal Revenue Code.
904-(16) Add or subtract any other amounts the taxpayer is:
905-(A) required to add or subtract; or
906-(B) entitled to deduct;
907-under IC 6-3-2.
908-(g) Subsections (a)(34), (b)(19), (d)(18), (e)(18), or (f)(16) may not
909-be construed to require an add back or allow a deduction or exemption
910-more than once for a particular add back, deduction, or exemption.
911-(h) For taxable years beginning after December 25, 2016, if:
912-(1) a taxpayer is a shareholder, either directly or indirectly, in a
913-corporation that is an E&P deficit foreign corporation as defined
914-in Section 965(b)(3)(B) of the Internal Revenue Code, and the
915-earnings and profit deficit, or a portion of the earnings and profit
916-deficit, of the E&P deficit foreign corporation is permitted to
917-reduce the federal adjusted gross income or federal taxable
918-income of the taxpayer, the deficit, or the portion of the deficit,
919-shall also reduce the amount taxable under this section to the
920-extent permitted under the Internal Revenue Code, however, in no
921-case shall this permit a reduction in the amount taxable under
922-Section 965 of the Internal Revenue Code for purposes of this
923-section to be less than zero (0); and
924-(2) the Internal Revenue Service issues guidance that such an
925-income or deduction is not reported directly on a federal tax
926-return or is to be reported in a manner different than specified in
927-this section, this section shall be construed as if federal adjusted
928-gross income or federal taxable income included the income or
929-deduction.
930-(i) If a partner is required to include an item of income, a deduction,
931-or another tax attribute in the partner's adjusted gross income tax return
932-pursuant to IC 6-3-4.5, such item shall be considered to be includible
933-in the partner's federal adjusted gross income or federal taxable
934-income, regardless of whether such item is actually required to be
935-reported by the partner for federal income tax purposes. For purposes
936-of this subsection:
937-(1) items for which a valid election is made under IC 6-3-4.5-6,
938-IC 6-3-4.5-8, or IC 6-3-4.5-9 shall not be required to be included
939-HEA 1251 — CC 1 23
940-in the partner's adjusted gross income or taxable income; and
941-(2) items for which the partnership did not make an election under
942-IC 6-3-4.5-6, IC 6-3-4.5-8, or IC 6-3-4.5-9, but for which the
943-partnership is required to remit tax pursuant to IC 6-3-4.5-18,
944-shall be included in the partner's adjusted gross income or taxable
945-income.
946-SECTION 2. IC 10-13-3-39, AS AMENDED BY P.L.243-2019,
947-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
948-JULY 1, 2022]: Sec. 39. (a) The department is designated as the
949-authorized agency to receive requests for, process, and disseminate the
950-results of national criminal history background checks that comply with
951-this section and 42 U.S.C. 5119a.
952-(b) A qualified entity may contact the department to request a
953-national criminal history background check on any of the following
954-persons:
955-(1) A person who seeks to be or is employed with the qualified
956-entity. A request under this subdivision must be made not later
957-than three (3) months after the person is initially employed by the
958-qualified entity.
959-(2) A person who seeks to volunteer or is a volunteer with the
960-qualified entity. A request under this subdivision must be made
961-not later than three (3) months after the person initially volunteers
962-with the qualified entity.
963-(3) A person for whom a national criminal history background
964-check is required under any law relating to the licensing of a
965-home, center, or other facility for purposes of day care or
966-residential care of children.
967-(4) A person for whom a national criminal history background
968-check is permitted for purposes of:
969-(A) placement of a child in a foster family home, a prospective
970-adoptive home, or the home of a relative, legal guardian to
971-whom IC 29-3-8-9 applies, or other caretaker under section
972-27.5 of this chapter or IC 31-34;
973-(B) a report concerning an adoption as required by IC 31-19-8;
974-(C) collaborative care host homes and supervised independent
975-living arrangements as provided in IC 31-28-5.8-5.5; or
976-(D) reunification of a child with a parent, guardian, or
977-custodian as provided in IC 31-34-21-5.5.
978-(5) A person for whom a national criminal history background
979-check is required for the licensing of a group home, child caring
980-institution, child placing agency, or foster home under IC 31-27.
981-(6) A person for whom a national criminal history background
982-HEA 1251 — CC 1 24
983-check is required for determining the individual's suitability as an
984-employee of a contractor of the state under section 38.5(a)(1) of
985-this chapter.
986-(c) A qualified entity must submit a request under subsection (b) in
987-the form required by the department and provide a set of the person's
988-fingerprints and any required fees with the request.
989-(d) If a qualified entity makes a request in conformity with
990-subsection (b), the department shall submit the set of fingerprints
991-provided with the request to the Federal Bureau of Investigation for a
992-national criminal history background check. The department shall
993-respond to the request in conformity with:
994-(1) the requirements of 42 U.S.C. 5119a; and
995-(2) the regulations prescribed by the Attorney General of the
996-United States under 42 U.S.C. 5119a.
997-(e) Subsection (f):
998-(1) applies to a qualified entity that:
999-(A) is not a school corporation or a special education
1000-cooperative; or
1001-(B) is a school corporation or a special education cooperative
1002-and seeks a national criminal history background check for a
1003-volunteer; and
1004-(2) does not apply to a qualified entity that is a:
1005-(A) home health agency licensed under IC 16-27-1; or
1006-(B) personal services agency licensed under IC 16-27-4.
1007-(f) After receiving the results of a national criminal history
1008-background check from the Federal Bureau of Investigation, the
1009-department shall make a determination whether the person who is the
1010-subject of a request has been convicted of:
1011-(1) an offense described in IC 20-26-5-11;
1012-(2) in the case of a foster family home, a nonwaivable offense as
1013-defined in IC 31-9-2-84.8;
1014-(3) in the case of a prospective adoptive home, a nonwaivable
1015-offense under IC 31-9-2-84.8;
1016-(4) any other felony; or
1017-(5) any misdemeanor;
1018-and convey the determination to the requesting qualified entity.
1019-(g) This subsection applies to a qualified entity that:
1020-(1) is a school corporation or a special education cooperative; and
1021-(2) seeks a national criminal history background check to
1022-determine whether to employ or continue the employment of a
1023-certificated employee, or a noncertificated employee, or an
1024-adjunct teacher who holds a permit under IC 20-28-5-27 of a
1025-HEA 1251 — CC 1 25
1026-school corporation or an equivalent position with a special
1027-education cooperative.
1028-After receiving the results of a national criminal history background
1029-check from the Federal Bureau of Investigation, the department may
1030-exchange identification records concerning convictions for offenses
1031-described in IC 20-26-5-11 with the school corporation or special
1032-education cooperative solely for purposes of making an employment
1033-determination. The exchange may be made only for the official use of
1034-the officials with authority to make the employment determination. The
1035-exchange is subject to the restrictions on dissemination imposed under
1036-P.L.92-544, (86 Stat. 1115) (1972).
1037-(h) This subsection applies to a qualified entity (as defined in
1038-IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
1039-receiving the results of a national criminal history background check
1040-from the Federal Bureau of Investigation, the department shall provide
1041-a copy to the public agency. Except as permitted by federal law, the
1042-public agency may not share the information contained in the national
1043-criminal history background check with a private agency.
1044-(i) This subsection applies to a qualified entity that is a:
1045-(1) home health agency licensed under IC 16-27-1; or
1046-(2) personal services agency licensed under IC 16-27-4.
1047-After receiving the results of a national criminal history background
1048-check from the Federal Bureau of Investigation, the department shall
1049-make a determination whether the applicant has been convicted of an
1050-offense described in IC 16-27-2-5(a) and convey the determination to
1051-the requesting qualified entity.
1052-(j) The department:
1053-(1) may permanently retain an applicant's fingerprints submitted
1054-under this section; and
1055-(2) shall retain the applicant's fingerprints separately from
1056-fingerprints collected under section 24 of this chapter.
1057-SECTION 3. IC 20-18-2-1.7, AS ADDED BY P.L.216-2021,
1058-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1059-JULY 1, 2022]: Sec. 1.7. (a) "Appropriate vehicle" means a vehicle
1060-that:
1061-(1) is owned by a school corporation or contracted for by the
1062-school corporation; and
1063-(2) has a seating capacity of not more than eight (8) fifteen (15)
1064-passengers, including the driver.
1065-(b) The term includes a car, truck, sport utility vehicle, or minivan,
1066-or van.
1067-SECTION 4. IC 20-19-3-25 IS ADDED TO THE INDIANA CODE
1068-HEA 1251 — CC 1 26
1069-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1070-1, 2022]: Sec. 25. (a) The department shall establish an online
1071-adjunct teacher portal on the department's Internet web site or
1072-incorporate into the teacher referral system developed under
1073-IC 20-20-3 a functionality to allow:
1074-(1) a school corporation to post a vacant adjunct teacher
1075-position; and
1076-(2) an individual to:
1077-(A) post a resume;
1078-(B) post any other information requested by the school
1079-corporation through the portal or system;
1080-(C) make inquiries to the school corporation through the
1081-portal or system; and
1082-(D) view information relating to adjunct teachers
84+1 SECTION 1. IC 10-13-3-39, AS AMENDED BY P.L.243-2019,
85+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86+3 JULY 1, 2022]: Sec. 39. (a) The department is designated as the
87+4 authorized agency to receive requests for, process, and disseminate the
88+5 results of national criminal history background checks that comply with
89+6 this section and 42 U.S.C. 5119a.
90+7 (b) A qualified entity may contact the department to request a
91+8 national criminal history background check on any of the following
92+9 persons:
93+10 (1) A person who seeks to be or is employed with the qualified
94+11 entity. A request under this subdivision must be made not later
95+12 than three (3) months after the person is initially employed by the
96+13 qualified entity.
97+14 (2) A person who seeks to volunteer or is a volunteer with the
98+15 qualified entity. A request under this subdivision must be made
99+EH 1251—LS 7066/DI 116 2
100+1 not later than three (3) months after the person initially volunteers
101+2 with the qualified entity.
102+3 (3) A person for whom a national criminal history background
103+4 check is required under any law relating to the licensing of a
104+5 home, center, or other facility for purposes of day care or
105+6 residential care of children.
106+7 (4) A person for whom a national criminal history background
107+8 check is permitted for purposes of:
108+9 (A) placement of a child in a foster family home, a prospective
109+10 adoptive home, or the home of a relative, legal guardian to
110+11 whom IC 29-3-8-9 applies, or other caretaker under section
111+12 27.5 of this chapter or IC 31-34;
112+13 (B) a report concerning an adoption as required by IC 31-19-8;
113+14 (C) collaborative care host homes and supervised independent
114+15 living arrangements as provided in IC 31-28-5.8-5.5; or
115+16 (D) reunification of a child with a parent, guardian, or
116+17 custodian as provided in IC 31-34-21-5.5.
117+18 (5) A person for whom a national criminal history background
118+19 check is required for the licensing of a group home, child caring
119+20 institution, child placing agency, or foster home under IC 31-27.
120+21 (6) A person for whom a national criminal history background
121+22 check is required for determining the individual's suitability as an
122+23 employee of a contractor of the state under section 38.5(a)(1) of
123+24 this chapter.
124+25 (c) A qualified entity must submit a request under subsection (b) in
125+26 the form required by the department and provide a set of the person's
126+27 fingerprints and any required fees with the request.
127+28 (d) If a qualified entity makes a request in conformity with
128+29 subsection (b), the department shall submit the set of fingerprints
129+30 provided with the request to the Federal Bureau of Investigation for a
130+31 national criminal history background check. The department shall
131+32 respond to the request in conformity with:
132+33 (1) the requirements of 42 U.S.C. 5119a; and
133+34 (2) the regulations prescribed by the Attorney General of the
134+35 United States under 42 U.S.C. 5119a.
135+36 (e) Subsection (f):
136+37 (1) applies to a qualified entity that:
137+38 (A) is not a school corporation or a special education
138+39 cooperative; or
139+40 (B) is a school corporation or a special education cooperative
140+41 and seeks a national criminal history background check for a
141+42 volunteer; and
142+EH 1251—LS 7066/DI 116 3
143+1 (2) does not apply to a qualified entity that is a:
144+2 (A) home health agency licensed under IC 16-27-1; or
145+3 (B) personal services agency licensed under IC 16-27-4.
146+4 (f) After receiving the results of a national criminal history
147+5 background check from the Federal Bureau of Investigation, the
148+6 department shall make a determination whether the person who is the
149+7 subject of a request has been convicted of:
150+8 (1) an offense described in IC 20-26-5-11;
151+9 (2) in the case of a foster family home, a nonwaivable offense as
152+10 defined in IC 31-9-2-84.8;
153+11 (3) in the case of a prospective adoptive home, a nonwaivable
154+12 offense under IC 31-9-2-84.8;
155+13 (4) any other felony; or
156+14 (5) any misdemeanor;
157+15 and convey the determination to the requesting qualified entity.
158+16 (g) This subsection applies to a qualified entity that:
159+17 (1) is a school corporation or a special education cooperative; and
160+18 (2) seeks a national criminal history background check to
161+19 determine whether to employ or continue the employment of a
162+20 certificated employee, or a noncertificated employee, or an
163+21 adjunct teacher who holds a permit under IC 20-28-5-27 of a
164+22 school corporation or an equivalent position with a special
165+23 education cooperative.
166+24 After receiving the results of a national criminal history background
167+25 check from the Federal Bureau of Investigation, the department may
168+26 exchange identification records concerning convictions for offenses
169+27 described in IC 20-26-5-11 with the school corporation or special
170+28 education cooperative solely for purposes of making an employment
171+29 determination. The exchange may be made only for the official use of
172+30 the officials with authority to make the employment determination. The
173+31 exchange is subject to the restrictions on dissemination imposed under
174+32 P.L.92-544, (86 Stat. 1115) (1972).
175+33 (h) This subsection applies to a qualified entity (as defined in
176+34 IC 10-13-3-16) that is a public agency under IC 5-14-1.5-2(a)(1). After
177+35 receiving the results of a national criminal history background check
178+36 from the Federal Bureau of Investigation, the department shall provide
179+37 a copy to the public agency. Except as permitted by federal law, the
180+38 public agency may not share the information contained in the national
181+39 criminal history background check with a private agency.
182+40 (i) This subsection applies to a qualified entity that is a:
183+41 (1) home health agency licensed under IC 16-27-1; or
184+42 (2) personal services agency licensed under IC 16-27-4.
185+EH 1251—LS 7066/DI 116 4
186+1 After receiving the results of a national criminal history background
187+2 check from the Federal Bureau of Investigation, the department shall
188+3 make a determination whether the applicant has been convicted of an
189+4 offense described in IC 16-27-2-5(a) and convey the determination to
190+5 the requesting qualified entity.
191+6 (j) The department:
192+7 (1) may permanently retain an applicant's fingerprints submitted
193+8 under this section; and
194+9 (2) shall retain the applicant's fingerprints separately from
195+10 fingerprints collected under section 24 of this chapter.
196+11 SECTION 2. IC 20-18-2-1.7, AS ADDED BY P.L.216-2021,
197+12 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
198+13 JULY 1, 2022]: Sec. 1.7. (a) "Appropriate vehicle" means a vehicle
199+14 that:
200+15 (1) is owned by a school corporation or contracted for by the
201+16 school corporation; and
202+17 (2) has a seating capacity of not more than eight (8) fifteen (15)
203+18 passengers, including the driver.
204+19 (b) The term includes a car, truck, sport utility vehicle, or minivan,
205+20 or van.
206+21 SECTION 3. IC 20-19-3-25 IS ADDED TO THE INDIANA CODE
207+22 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
208+23 1, 2022]: Sec. 25. (a) The department shall establish an online
209+24 adjunct teacher portal on the department's Internet web site or
210+25 incorporate into the teacher referral system developed under
211+26 IC 20-20-3 a functionality to allow:
212+27 (1) a school corporation to post a vacant adjunct teacher
213+28 position; and
214+29 (2) an individual to:
215+30 (A) post a resume;
216+31 (B) post any other information requested by the school
217+32 corporation through the portal or system;
218+33 (C) make inquiries to the school corporation through the
219+34 portal or system; and
220+35 (D) view information relating to adjunct teachers
221+36 employed by a particular school corporation reported to
222+37 the department in accordance with IC 20-28-5-27(g).
223+38 (b) The department shall post the information received under
224+39 IC 20-28-5-27(g) on the department's portal or teacher referral
225+40 system described in subsection (a).
226+41 SECTION 4. IC 20-19-3-26 IS ADDED TO THE INDIANA CODE
227+42 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
228+EH 1251—LS 7066/DI 116 5
229+1 1, 2022]: Sec. 26. (a) The department shall apply to the United
230+2 States Department of Education for assessment flexibility.
231+3 (b) The application submitted in accordance with subsection (a)
232+4 must include the following:
233+5 (1) A plan to administer a statewide summative examination
234+6 in grade 3, grade 5, grade 8, and grade 11.
235+7 (2) A plan to assist schools in the assessment of subject matter
236+8 mastery in grades in which a statewide summative
237+9 examination is not administered.
238+10 (3) A plan to implement the approved assessment changes in
239+11 conjunction with the implementation of revised academic
240+12 standards required under IC 20-31-3-1(d).
241+13 SECTION 5. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE
242+14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
243+15 UPON PASSAGE]: Sec. 27. (a) The department shall prepare a
244+16 report that includes information and, as applicable,
245+17 recommendations regarding the following:
246+18 (1) Establishing and implementing a program concerning
247+19 parent-teacher compacts in Indiana that would allow the
248+20 following to be done by a teacher who enters into a compact
249+21 with a parent to teach the parent's child:
250+22 (A) Participate in the Indiana state teachers' retirement
251+23 fund under IC 5-10.4 and receive or participate in any
252+24 other relevant retirement benefits or programs.
253+25 (B) Receive tuition support for each student who the
254+26 teacher teaches under a parent-teacher compact.
255+27 (C) Participate in any state employee health plan, life
256+28 insurance plan, or disability insurance plan.
257+29 (2) The costs to the department in administering a
258+30 parent-teacher compact program.
259+31 (3) Costs associated with allowing teachers who enter into a
260+32 parent-teacher compact to participate in and receive tuition
261+33 support and benefits listed in subdivision (1)(A) through
262+34 (1)(C).
263+35 (4) Information that should be included in a parent-teacher
264+36 compact.
265+37 (5) Annual deadlines for submitting a parent-teacher compact
266+38 to the department.
267+39 (6) Any requirements under law that would or should apply
268+40 to teachers teaching under a parent-teacher compact,
269+41 including teacher qualifications, expanded criminal history
270+42 checks, and Indiana expanded child protection index checks.
271+EH 1251—LS 7066/DI 116 6
272+1 (7) Any requirements under law that would or should apply
273+2 to a student taught under a parent-teacher compact.
274+3 (8) The manner in which the department would make tuition
275+4 support distributions to a teacher under a parent-teacher
276+5 compact program.
277+6 (9) Establishing, maintaining, and transferring education
278+7 records of students taught under a parent-teacher compact.
279+8 (10) Any other matters the department determines are
280+9 relevant regarding establishing and implementing a
281+10 parent-teacher compact program.
282+11 (b) Not later than November 1, 2022, the department shall
283+12 submit the report prepared under subsection (a) to the legislative
284+13 council in an electronic format under IC 5-14-6.
285+14 (c) This section expires July 1, 2023.
286+15 SECTION 6. IC 20-27-2-10, AS ADDED BY P.L.1-2005,
287+16 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288+17 JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle:
289+18 (1) that is designed and constructed for the accommodation of
290+19 more than ten (10) passengers;
291+20 (2) that:
292+21 (A) meets the federal school bus safety requirements under 49
293+22 U.S.C. 30125 except the:
294+23 (i) stop signal arm required under federal motor vehicle
295+24 safety standard (FMVSS) no. 131; and
296+25 (ii) flashing lamps required under federal motor vehicle
297+26 safety standard (FMVSS) no. 108;
298+27 (B) when owned by a school corporation and used to transport
299+28 students, complies with the Federal Motor Carrier Safety
300+29 Regulations as prescribed by the United States Department of
301+30 Transportation Federal Motor Carrier Safety Administration as
302+31 set forth in 49 CFR Chapter III Subchapter B; or
303+32 (C) when owned by a school corporation and used to transport
304+33 students, is a motor coach type bus; with a capacity of at least
305+34 thirty (30) passengers and a gross vehicle weight rating greater
306+35 than twenty-six thousand (26,000) pounds; and
307+36 (3) that is used by a school corporation for transportation
308+37 purposes appropriate under IC 20-27-9-5.
309+38 SECTION 7. IC 20-27-8-1, AS AMENDED BY P.L.167-2018,
310+39 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
311+40 JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for
312+41 the transportation of students or be employed as a school bus monitor
313+42 unless the individual satisfies the following requirements:
314+EH 1251—LS 7066/DI 116 7
315+1 (1) Is of good moral character.
316+2 (2) Does not use intoxicating liquor during school hours.
317+3 (3) Does not use intoxicating liquor to excess at any time.
318+4 (4) Is not addicted to any narcotic drug.
319+5 (5) Is at least:
320+6 (A) twenty-one (21) years of age for driving a school bus; or
321+7 (B) eighteen (18) years of age for employment as a school bus
322+8 monitor.
323+9 (6) In the case of a school bus driver, holds a valid public
324+10 passenger chauffeur's license or commercial driver's license
325+11 issued by the state or any other state.
326+12 (7) Possesses the following required physical characteristics:
327+13 (A) Sufficient physical ability to be a school bus driver, as
328+14 determined by the committee.
329+15 (B) The full normal use of both hands, both arms, both feet,
330+16 both legs, both eyes, and both ears.
331+17 (C) Freedom from any communicable disease that:
332+18 (i) may be transmitted through airborne or droplet means; or
333+19 (ii) requires isolation of the infected person under 410
334+20 IAC 1-2.3.
335+21 (D) Freedom from any mental, nervous, organic, or functional
336+22 disease that might impair the person's ability to properly
337+23 operate a school bus.
338+24 (E) This clause does not apply to a school bus monitor. Visual
339+25 acuity, with or without glasses, of at least 20/40 in each eye
340+26 equal to the vision requirements under 49 CFR 391.41 and
341+27 a field of vision with one hundred fifty (150) degree minimum
342+28 and with depth perception of at least eighty percent (80%) or
343+29 forty-eight (48) seconds of arc or less angle of stereopsis.
344+30 (b) This subsection applies to a school bus monitor.
345+31 Notwithstanding subsection (a)(5)(B), a school corporation or school
346+32 bus driver may not employ an individual who is less than twenty-one
347+33 (21) years of age as a school bus monitor unless the school corporation
348+34 or school bus driver does not receive a sufficient number of qualified
349+35 applicants for employment as a school bus monitor who are at least
350+36 twenty-one (21) years of age. A school corporation or school bus driver
351+37 shall maintain a record of applicants, their ages, and their qualifications
352+38 to show compliance with this subsection.
353+39 SECTION 8. IC 20-27-9-5, AS AMENDED BY P.L.155-2020,
354+40 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
355+41 JULY 1, 2022]: Sec. 5. (a) A special purpose bus or an appropriate
356+42 vehicle may be used:
357+EH 1251—LS 7066/DI 116 8
358+1 (1) by a school corporation to provide regular transportation of a
359+2 student between one (1) school and another school but not or
360+3 between the student's residence and the school;
361+4 (2) to transport students and their supervisors, including coaches,
362+5 managers, and sponsors to athletic or other extracurricular school
363+6 activities and field trips;
364+7 (3) by a school corporation to provide transportation between an
365+8 individual's residence and the school for an individual enrolled in
366+9 a special program for the habilitation or rehabilitation of persons
367+10 with a developmental or physical disability, and, if applicable, the
368+11 individual's sibling;
369+(4) to transport homeless students under IC 20-27-12;12
370+13 (5) by a school corporation to provide regular transportation of an
371+14 individual described in section 4 or 7 of this chapter between the
372+15 individual's residence and the school; and
373+16 (6) to transport students to career and technical education
374+programs under IC 20-27-12.1.17
375+18 (b) The mileage limitation of section 3 of this chapter does not apply
376+19 to special purpose buses.
377+20 (c) The operator of a special purpose bus or appropriate vehicle
378+21 must be at least twenty-one (21) years of age, be authorized by the
379+22 school corporation, pass an expanded criminal history check and
380+23 expanded child protection index check as provided under
381+24 IC 20-26-5-10, and meet the following requirements:
382+25 (1) Except as provided in subdivision (2)(B) and in addition to the
383+26 license required under this subdivision, if the special purpose bus
384+27 has a capacity of less than sixteen (16) passengers, the operator
385+28 must hold a valid:
386+29 (A) operator's;
387+30 (B) chauffeur's;
388+31 (C) public passenger chauffeur's; or
389+32 (D) commercial driver's;
390+33 license.
391+34 (2) If the special purpose bus:
392+35 (A) has a capacity of more than fifteen (15) passengers; or
393+36 (B) is used to provide transportation to an individual described
394+in subsection (a)(3) or (a)(5);37
395+38 the operator must meet the requirements for a school bus driver
396+39 set out in IC 20-27-8.
397+40 (d) A special purpose bus is not required to be constructed,
398+41 equipped, or painted as specified for school buses under this article or
399+42 by the rules of the committee.
400+EH 1251—LS 7066/DI 116 9
401+1 (e) An owner or operator of a special purpose bus, other than a
402+2 special purpose bus owned or operated by a school corporation or a
403+3 nonpublic school, is subject to IC 8-2.1.
404+4 SECTION 9. IC 20-27-9-12, AS AMENDED BY P.L.99-2007,
405+5 SECTION 174, IS AMENDED TO READ AS FOLLOWS
406+6 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) As used in this section,
407+7 "child care center" means a nonresidential building where at least one
408+8 (1) child receives child care from a provider licensed under
409+9 IC 12-17.2-4:
410+10 (1) while unattended by a parent;
411+11 (2) for regular compensation; and
412+12 (3) for more than four (4) hours but less than twenty-four (24)
413+13 hours in each of ten (10) consecutive days per year, excluding
414+14 intervening Saturdays, Sundays, and holidays.
415+15 (b) This subsection does not apply to a person with a developmental
416+16 or physical disability who is provided transportation by a school
417+17 corporation by means of a special purpose bus as provided in section
418+18 5(a)(3) of this chapter. An individual or entity who transports children
419+19 in the care of a:
420+20 (1) preschool operated by a school corporation;
421+21 (2) public elementary school; or
422+22 (3) public secondary school;
423+23 on a public highway (as defined in IC 9-25-2-4) within or outside
424+24 Indiana shall transport the children only in a school bus, However, a
425+25 special purpose bus, or an appropriate vehicle. The school bus,
426+26 special purpose bus, or appropriate vehicle may be used for
427+27 transportation of the children to activities other than or for regular
428+28 transportation between the residences of the children and the school.
429+29 (c) An individual or entity that transports children in the care of a
430+30 child care center on a public highway (as defined in IC 9-25-2-4)
431+31 within or outside Indiana in a vehicle designed and constructed for the
432+32 accommodation of more than ten (10) passengers shall transport the
433+33 children only in a school bus or special purpose bus.
434+34 (d) The operator of a:
435+35 (1) school bus that transports children as required under
436+36 subsection (b) or (c) must meet the requirements of IC 20-27-8;
437+37 and
438+38 (2) special purpose bus or an appropriate vehicle that transports
439+39 children as required under subsection (b) or (c) must meet the
440+40 requirements of section 5(c) of this chapter.
441+41 (e) This section does not prohibit the use of a public transportation
442+42 system for the transportation of children if the motor carriage used is
443+EH 1251—LS 7066/DI 116 10
444+1 designed to carry at least twenty (20) passengers.
445+2 (f) This section does not prohibit a:
446+3 (1) preschool operated by a school corporation;
447+4 (2) public elementary school;
448+5 (3) public secondary school; or
449+6 (4) child care center;
450+7 from contracting with a common carrier for incidental charter bus
451+8 service for nonregular transportation if the carrier and the carrier's
452+9 motor coach comply with the Federal Motor Carrier Safety Regulations
453+10 as prescribed by the United States Department of Transportation
454+11 Federal Highway Administration.
455+12 (g) Notwithstanding section 17 of this chapter, a person who
456+13 violates this section commits a Class B infraction.
457+14 SECTION 10. IC 20-28-5-27 IS ADDED TO THE INDIANA
458+15 CODE AS A NEW SECTION TO READ AS FOLLOWS
459+16 [EFFECTIVE JULY 1, 2022]: Sec. 27. (a) In an effort to fill a vacant
460+17 teaching position, offer a new program or class, or supplement a
461+18 program currently being offered, the governing body of a school
462+19 corporation may issue an adjunct teacher permit to an individual
463+20 if the following minimum requirements are met:
464+21 (1) The individual has at least five (5) years of documented
465+22 occupational experience in the content area in which the
466+23 individual intends to teach.
467+24 (2) The school corporation conducts an expanded criminal
468+25 history check and expanded child protection index check
469+26 concerning the individual as required under IC 20-26-5-10.
470+27 (3) The individual has not been convicted of a felony listed in
471+28 section 8(c) of this chapter or described in section 8(d) of this
472+29 chapter or the individual's conviction has been reversed,
473+30 vacated, or set aside on appeal.
474+31 (4) If the permit is to be issued to an individual to teach
475+32 kindergarten through grade 5, the individual must teach:
476+33 (A) art;
477+34 (B) science; or
478+35 (C) music.
479+36 However, the governing body may establish stricter requirements
480+37 than the requirements prescribed by this subsection.
481+38 (b) If a governing body of a school corporation issues an adjunct
482+39 teacher permit to an individual under subsection (a):
483+40 (1) the school corporation may enter into a contract for
484+41 employment with the individual as a part-time teacher of the
485+42 school corporation working not more than twenty (20) hours
486+EH 1251—LS 7066/DI 116 11
487+1 per week;
488+2 (2) the individual must be assigned a teacher mentor for
489+3 support in pedagogy; and
490+4 (3) the individual must complete the following training within
491+5 the first ninety (90) days of employment:
492+6 (A) IC 20-26-5-34.2 (bullying prevention).
493+7 (B) IC 20-28-3-4.5 (training on child abuse and neglect).
494+8 (C) IC 20-28-3-6 (youth suicide awareness and prevention
495+9 training).
496+10 (D) IC 20-28-3-7 (training on human trafficking).
497+11 (c) An adjunct teacher may not provide special education
498+12 instruction.
499+13 (d) The salary of an adjunct teacher under a contract described
500+14 in IC 20-28-6-7.3 is not subject to the requirements under
501+15 IC 20-28-9-1.5 or a local compensation plan established by a school
502+16 corporation as described in IC 20-28-9-1.5. However, the school
503+17 corporation may not pay an adjunct teacher an hourly rate that is
504+18 more than the hourly rate that a school employer pays a first year
505+19 teacher without holding a discussion as described in
506+20 IC 20-29-6-7(16).
507+21 (e) Except as otherwise provided in a collective bargaining
508+22 agreement entered into or renewed before July 1, 2022, an
509+23 employment contract entered into under this section is not subject
510+24 to a collective bargaining agreement entered into under IC 20-29.
511+25 (f) It is not an unfair practice for a school corporation to enter
512+26 into an employment contract under this section.
513+27 (g) Each school corporation that hires an adjunct teacher under
514+28 this section shall report to the department the following
515+29 information:
516+30 (1) The number of adjunct teachers who hold a permit issued
517+31 under this section that the school corporation has hired each
518+32 school year, disaggregated by the grade level and subject area
519+33 taught by the adjunct teacher.
520+34 (2) The following information for each adjunct teacher
521+35 described in subdivision (1):
522+36 (A) The name of the adjunct teacher.
523+37 (B) The subject matter the adjunct teacher is permitted to
524+38 teach.
525+39 (C) A description of the adjunct teacher's experience
526+40 described in subsection (a)(1).
527+41 (D) The adjunct teacher's total salary and any other
528+42 compensation paid to the adjunct teacher during the school
529+EH 1251—LS 7066/DI 116 12
530+1 year.
531+2 (E) The number of previous adjunct teaching contracts the
532+3 adjunct teacher has entered into with the school
533+4 corporation or any other school corporation.
534+5 (h) A school corporation shall:
535+6 (1) notify the parents of students enrolled in the school
536+7 corporation of a vacant adjunct teacher position; and
537+8 (2) post a vacant adjunct teacher position on the department's
538+9 online adjunct teacher portal established under IC 20-19-3-25.
539+10 (i) The governing body of a school corporation shall announce
540+11 any vacant adjunct teacher positions at meetings of the governing
541+12 body.
542+13 SECTION 11. IC 20-28-6-2, AS AMENDED BY P.L.43-2021,
543+14 SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
544+15 JULY 1, 2022]: Sec. 2. (a) Except as provided under section 7.3 of
545+16 this chapter, a contract entered into by a teacher and a school
546+17 corporation must:
547+18 (1) be in writing;
548+19 (2) be signed by both parties; and
549+20 (3) contain the:
550+21 (A) beginning date of the school term as determined annually
551+22 by the school corporation;
552+23 (B) number of days in the school term as determined annually
553+24 by the school corporation;
554+25 (C) total salary to be paid to the teacher during the school year;
555+26 (D) number of salary payments to be made to the teacher
556+27 during the school year; and
557+28 (E) number of hours per day the teacher is expected to work,
558+29 as discussed pursuant to IC 20-29-6-7.
559+30 (b) The contract may provide for the annual determination of the
560+31 teacher's annual compensation based on a local compensation plan
561+32 specifying a salary range, which is part of the contract. The
562+33 compensation plan may be changed by the school corporation before
563+34 the later of May 1 of a year, with the changes effective the next school
564+35 year, or the date specified in a collective bargaining agreement
565+36 applicable to the next school year. A teacher affected by the changes
566+37 shall be furnished with printed copies of the changed compensation
567+38 plan not later than thirty (30) days after the adoption of the
568+39 compensation plan.
569+40 (c) A contract under this section is also governed by the following
570+41 statutes:
571+42 (1) IC 20-28-9-5 through IC 20-28-9-6.
572+EH 1251—LS 7066/DI 116 13
573+1 (2) IC 20-28-9-9 through IC 20-28-9-11.
574+2 (3) IC 20-28-9-13.
575+3 (4) IC 20-28-9-14.
576+4 (d) A governing body shall provide the blank contract forms,
577+5 carefully worded by the secretary of education, and have them signed.
578+6 The contracts are public records open to inspection by the residents of
579+7 each school corporation.
580+8 (e) An action may be brought on a contract that conforms with
581+9 subsections (a)(1), (a)(2), and (d).
582+10 SECTION 12. IC 20-28-6-4, AS ADDED BY P.L.1-2005,
583+11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584+12 JULY 1, 2022]: Sec. 4. (a) This section does not apply to:
585+13 (1) a teacher employed as a substitute teacher; or
586+14 (2) an individual who holds an adjunct teacher permit issued
587+15 by the governing body of a school corporation under
588+16 IC 20-28-5-27.
589+17 (b) A teacher employed in a public school must be employed on a
590+18 uniform teacher's contract or a supplemental service teacher's contract.
591+19 SECTION 13. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
592+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
593+21 [EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) A contract entered into
594+22 between a school corporation and an individual who holds an
595+23 adjunct teacher permit issued by the governing body of a school
596+24 corporation under IC 20-28-5-27 must:
597+25 (1) be in writing;
598+26 (2) be signed by both parties; and
599+27 (3) contain the following:
600+28 (A) The total salary to be paid to the adjunct teacher.
601+29 (B) The method and frequency of salary payments.
602+30 (C) The number of classes the adjunct teacher is to teach.
603+31 (D) The classes and subject matter areas that the adjunct
604+32 teacher will be teaching.
605+33 (E) An expiration date that is not later than the end of the
606+34 school year.
607+35 (b) An adjunct teacher may enter into contracts with more than
608+36 one (1) school corporation.
609+37 SECTION 14. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
610+38 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
611+39 JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
612+40 for a teacher employed by a school corporation. Compensation
613+41 attributable to additional degrees or graduate credits earned before the
614+42 effective date of a local compensation plan created under this chapter
615+EH 1251—LS 7066/DI 116 14
616+1 before July 1, 2015, shall continue for school years beginning after
617+2 June 30, 2015. Compensation attributable to additional degrees for
618+3 which a teacher has started course work before July 1, 2011, and
619+4 completed course work before September 2, 2014, shall also continue
620+5 for school years beginning after June 30, 2015. For school years
621+6 beginning after June 30, 2015, a school corporation may provide a
622+7 supplemental payment to a teacher in excess of the salary specified in
623+8 the school corporation's compensation plan under any of the following
624+9 circumstances:
625+10 (1) The teacher:
626+11 (A) teaches an advanced placement course or a Cambridge
627+12 International course; or
628+13 (B) has earned a master's degree from an accredited
629+14 postsecondary educational institution in a content area directly
630+15 related to the subject matter of:
631+16 (i) a dual credit course; or
632+17 (ii) another course;
633+18 taught by the teacher.
634+19 (2) Beginning after June 30, 2018, the teacher:
635+20 (A) is a special education professional; or
636+21 (B) teaches in the areas of science, technology, engineering, or
637+22 mathematics.
638+23 (3) Beginning after June 30, 2019, the teacher teaches a career or
639+24 technical education course.
640+25 In addition, a supplemental payment may be made to an elementary
641+26 school teacher who earns a master's degree in math, reading, or
642+27 literacy. A supplement provided under this subsection is not subject to
643+28 collective bargaining, but a discussion of the supplement must be held.
644+29 Such a supplement is in addition to any increase permitted under
645+30 subsection (b).
646+31 (b) Increases or increments in a local salary range must be based
647+32 upon a combination of the following factors:
648+33 (1) A combination of the following factors taken together may
649+34 account for not more than fifty percent (50%) of the calculation
650+35 used to determine a teacher's increase or increment:
651+36 (A) The number of years of a teacher's experience.
652+37 (B) The possession of either:
653+38 (i) additional content area degrees beyond the requirements
654+39 for employment; or
655+40 (ii) additional content area degrees and credit hours beyond
656+41 the requirements for employment, if required under an
657+42 agreement bargained under IC 20-29.
658+EH 1251—LS 7066/DI 116 15
659+1 (2) The results of an evaluation conducted under IC 20-28-11.5.
660+2 (3) The assignment of instructional leadership roles, including the
661+3 responsibility for conducting evaluations under IC 20-28-11.5.
662+4 (4) The academic needs of students in the school corporation.
663+5 (c) To provide greater flexibility and options, a school corporation
664+6 may differentiate the amount of salary increases or increments
665+7 determined for teachers. A school corporation shall base a
666+8 differentiated amount under this subsection on reasons the school
667+9 corporation determines are appropriate, which may include the:
668+10 (1) subject or subjects, including the subjects described in
669+11 subsection (a)(2), taught by a given teacher;
670+12 (2) importance of retaining a given teacher at the school
671+13 corporation; and
672+14 (3) need to attract an individual with specific qualifications to fill
673+15 a teaching vacancy.
674+16 (d) A school corporation may provide differentiated increases or
675+17 increments under subsection (b), and in excess of the percentage
676+18 specified in subsection (b)(1), in order to:
677+19 (1) reduce the gap between the school corporation's minimum
678+20 teacher salary and the average of the school corporation's
679+21 minimum and maximum teacher salaries; or
680+22 (2) allow teachers currently employed by the school corporation
681+23 to receive a salary adjusted in comparison to starting base salaries
682+24 of new teachers.
683+25 (e) Except as provided in subsection (f), a teacher rated ineffective
684+26 or improvement necessary under IC 20-28-11.5 may not receive any
685+27 raise or increment for the following year if the teacher's employment
686+28 contract is continued. The amount that would otherwise have been
687+29 allocated for the salary increase of teachers rated ineffective or
688+30 improvement necessary shall be allocated for compensation of all
689+31 teachers rated effective and highly effective based on the criteria in
690+32 subsection (b).
691+33 (f) Subsection (e) does not apply to a teacher in the first two (2) full
692+34 school years that the teacher provides instruction to students in
693+35 elementary school or high school. If a teacher provides instruction to
694+36 students in elementary school or high school in another state, any full
695+37 school year, or its equivalent in the other state, that the teacher provides
696+38 instruction counts toward the two (2) full school years under this
697+39 subsection.
698+40 (g) A teacher who does not receive a raise or increment under
699+41 subsection (e) may file a request with the superintendent or
700+42 superintendent's designee not later than five (5) days after receiving
701+EH 1251—LS 7066/DI 116 16
702+1 notice that the teacher received a rating of ineffective. The teacher is
703+2 entitled to a private conference with the superintendent or
704+3 superintendent's designee.
705+4 (h) The Indiana education employment relations board established
706+5 in IC 20-29-3-1 shall publish a model compensation plan with a model
707+6 salary range that a school corporation may adopt.
708+7 (i) Each school corporation shall submit its local compensation plan
709+8 to the Indiana education employment relations board. For a school year
710+9 beginning after June 30, 2015, a local compensation plan must specify
711+10 the range for teacher salaries. The Indiana education employment
712+11 relations board shall publish the local compensation plans on the
713+12 Indiana education employment relations board's Internet web site.
714+13 (j) The Indiana education employment relations board shall review
715+14 a compensation plan for compliance with this section as part of its
716+15 review under IC 20-29-6-6.1. The Indiana education employment
717+16 relations board has jurisdiction to determine compliance of a
718+17 compensation plan submitted under this section.
719+18 (k) This chapter may not be construed to require or allow a school
720+19 corporation to decrease the salary of any teacher below the salary the
721+20 teacher was earning on or before July 1, 2015, if that decrease would
722+21 be made solely to conform to the new compensation plan.
723+22 (l) After June 30, 2011, all rights, duties, or obligations established
724+23 under IC 20-28-9-1 before its repeal are considered rights, duties, or
725+24 obligations under this section.
726+25 (m) A contract described in IC 20-28-6-7.3 between an adjunct
727+26 teacher and a school corporation is not subject to this section.
728+27 SECTION 15. IC 20-29-2-13, AS ADDED BY P.L.1-2005,
729+28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
730+29 JULY 1, 2022]: Sec. 13. "School employee" means a full-time
731+30 certificated person in the employment of the school employer. A school
732+31 employee is considered full time even though the employee does not
733+32 work during school vacation periods and accordingly works less than
734+33 a full year. The term does not include:
735+34 (1) supervisors;
736+35 (2) confidential employees;
737+36 (3) employees performing security work; and
738+37 (4) noncertificated employees; and
739+38 (5) adjunct teachers who hold permits issued under
740+39 IC 20-28-5-27.
741+40 SECTION 16. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
742+41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
743+42 JULY 1, 2022]: Sec. 7. A school employer shall discuss with the
744+EH 1251—LS 7066/DI 116 17
745+1 exclusive representative of certificated employees the following items:
746+2 (1) Curriculum development and revision.
747+3 (2) Selection of curricular materials.
748+4 (3) Teaching methods.
749+5 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
750+6 and retention of certificated employees.
751+7 (5) Student discipline.
752+8 (6) Expulsion or supervision of students.
753+9 (7) Pupil/teacher ratio.
754+10 (8) Class size or budget appropriations.
755+11 (9) Safety issues for students and employees in the workplace,
756+12 except those items required to be kept confidential by state or
757+13 federal law.
758+14 (10) Hours.
759+15 (11) Funding for a plan for a remediation program for any subset
760+16 of students enrolled in kindergarten through grade 12.
761+17 (12) The following nonbargainable items under IC 20-43-10-3.5:
762+18 (A) Teacher appreciation grants.
763+19 (B) Individual teacher appreciation grant stipends to teachers.
764+20 (C) Additions to base salary based on teacher appreciation
765+21 grant stipends.
766+22 (13) The pre-evaluation planning session required under
767+23 IC 20-28-11.5-4.
768+24 (14) The superintendent's report to the governing body concerning
769+25 staff performance evaluations required under IC 20-28-11.5-9.
770+26 (15) A teacher performance model.
771+27 (16) The hourly pay rate of an adjunct teacher if the school
772+28 employer intends to pay the adjunct teacher an hourly rate
773+29 that is more than the hourly rate that the school employer
774+30 pays a first year teacher.
775+31 SECTION 17. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
776+32 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
777+33 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
778+34 concise, and jargon free state academic standards that are comparable
779+35 to national and international academic standards and the college and
780+36 career readiness educational standards adopted under IC 20-19-2-14.5.
781+37 These academic standards must be adopted for each grade level from
782+38 kindergarten through grade 12 for the following subjects:
783+39 (1) English/language arts.
784+40 (2) Mathematics.
785+41 (3) Social studies.
786+42 (4) Science.
787+EH 1251—LS 7066/DI 116 18
788+1 (b) For grade levels tested under the statewide assessment program,
789+2 the academic standards must be based in part on the results of the
790+3 statewide assessment program.
791+4 (c) The state board shall, in consultation with postsecondary
792+5 educational institutions and various businesses and industries,
793+6 identify what skills or traits students need to be successful upon
794+7 completion of high school. The department must conduct a
795+8 research study to define essential postsecondary skills to promote
796+9 enlistment, enrollment, and employment. The study must inform
797+10 a reduction in high school standards to align to essential skills
798+11 needed for postsecondary success. The study must be submitted to
799+12 the state board and to the general assembly in an electronic format
800+13 under IC 5-14-6 on or before December 1, 2022. Not later than
801+14 June 1, 2023, the department must provide recommended
802+15 reductions to the Indiana academic standards with a goal of
803+16 defining no more than thirty-three percent (33%) of the number of
804+17 academic standards in effect on July 1, 2022, as essential for grades
805+18 9 through 12 to the state board. Additional standards may be
806+19 included for vertical articulation to ensure academic and
807+20 postsecondary success, not to exceed seventy-five percent (75%) of
808+21 the academic standards in effect on July 1, 2022. Not later than
809+22 June 1, 2024, the department must provide recommended
810+23 reductions to the Indiana academic standards with a goal of
811+24 defining no more than thirty-three percent (33%) of the number of
812+25 academic standards in effect on July 1, 2022, as essential for
813+26 kindergarten through grade 8 to the state board. Additional
814+27 standards may be included for vertical articulation to ensure
815+28 academic and postsecondary success, not to exceed seventy-five
816+29 percent (75%) of the academic standards in effect on July 1, 2022.
817+30 A realignment of the ILEARN assessment reflecting the reduction
818+31 must be completed not later than March 1, 2025.
819+32 (d) Upon receipt and review of the information received under
820+33 subsection (c), the state board shall adopt Indiana academic
821+34 standards for grades 9 through 12 and subsequently for
822+35 kindergarten through grade 8 relating to academic standards
823+36 needed to meet the skills or traits identified by the study. The
824+37 academic standards developed under this subsection must be
825+38 included within the reduced number of academic standards
826+39 required by subsection (c). The department shall submit the
827+40 academic standards to the state board for approval in a manner
828+41 prescribed by the state board and the state board shall approve
829+42 academic standards in accordance with the requirements described
830+EH 1251—LS 7066/DI 116 19
831+1 in this subsection not later than June 1, 2024.
832+2 SECTION 18. IC 20-31-3-3, AS AMENDED BY P.L.73-2011,
833+3 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
834+4 UPON PASSAGE]: Sec. 3. The department shall revise and update
835+5 academic standards:
836+6 (1) for each grade level from kindergarten through grade 12; and
837+7 (2) in each subject area listed in section 2 of this chapter;
838+8 at least once every six (6) years in addition to the requirements
839+9 described in section 1(c) and 1(d) of this chapter. This revision must
840+10 occur on a cyclical basis.
841+11 SECTION 19. IC 20-31-4.1-10, AS ADDED BY P.L.92-2020,
842+12 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
843+13 UPON PASSAGE]: Sec. 10. The state board shall adopt rules under
844+14 IC 4-22-2 and may adopt emergency rules under IC 4-22-2-37.1,
845+15 necessary to implement this chapter.
846+16 SECTION 20. IC 20-37-2-13, AS ADDED BY P.L.187-2021,
847+17 SECTION 62 AND P.L.216-2021, SECTION 44, IS AMENDED TO
848+18 READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) As
849+19 used in this section, "applicable high school" means a high school at
850+20 which all the students participate in a work based learning course (as
851+21 defined in IC 20-43-8-0.7) or school based enterprise.
852+22 (b) As used in this section, "primary use of the building" means an
853+23 occupancy classification that is:
854+24 (1) most closely related to the intended use of the building upon
855+25 construction; and
856+26 (2) determined by the rules of the fire prevention and building
857+27 safety commission established by IC 22-12-2-1 in effect at the
858+28 time that the applicable high school is first opened.
859+29 (c) An applicable high school shall comply with all rules of the fire
860+30 prevention and building safety commission applicable to the primary
861+31 use of the building.
862+32 SECTION 21. [EFFECTIVE UPON PASSAGE] (a) The Indiana
863+33 state board of education shall amend rules under IAC 575 as
864+34 necessary to comply with IC 20-18-2-1.7 and IC 20-27, as amended
865+35 by this act.
866+36 (b) This SECTION expires on June 30, 2023.
867+37 SECTION 22. An emergency is declared for this act.
868+EH 1251—LS 7066/DI 116 20
869+COMMITTEE REPORT
870+Mr. Speaker: Your Committee on Education, to which was referred
871+House Bill 1251, has had the same under consideration and begs leave
872+to report the same back to the House with the recommendation that said
873+bill be amended as follows:
874+Page 4, line 23, after "25." insert "(a)".
875+Page 4, line 30, delete "and".
876+Page 4, line 32, delete "portal" and insert "portal; and".
877+Page 4, between lines 32 and 33, begin a new line double block
878+indented and insert:
879+"(D) view information relating to adjunct teachers
1083880 employed by a particular school corporation reported to
1084-the department in accordance with IC 20-28-5-27(g).
1085-(b) The department shall post the information received under
1086-IC 20-28-5-27(g) on the department's portal or teacher referral
1087-system described in subsection (a).
1088-SECTION 5. IC 20-19-3-26 IS ADDED TO THE INDIANA CODE
1089-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1090-1, 2022]: Sec. 26. (a) The department shall apply to the United
1091-States Department of Education for assessment flexibility.
1092-(b) The application submitted in accordance with subsection (a)
1093-must include the following:
1094-(1) A plan to administer a statewide summative examination
1095-in grade 3, grade 5, grade 8, and grade 11.
1096-(2) A plan to assist schools in the assessment of subject matter
1097-mastery in grades in which a statewide summative
1098-examination is not administered.
1099-(3) A plan to implement the approved assessment changes in
1100-conjunction with the implementation of revised academic
1101-standards required under IC 20-31-3-1(d).
1102-SECTION 6. IC 20-19-3-27 IS ADDED TO THE INDIANA CODE
1103-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
1104-UPON PASSAGE]: Sec. 27. (a) The department shall prepare a
1105-report that includes information and, as applicable,
1106-recommendations regarding the following:
1107-(1) Establishing and implementing a program concerning
1108-parent-teacher compacts in Indiana that would allow the
1109-following to be done by a teacher who enters into a compact
1110-with a parent to teach the parent's child:
1111-HEA 1251 — CC 1 27
1112-(A) Participate in the Indiana state teachers' retirement
1113-fund under IC 5-10.4 and receive or participate in any
1114-other relevant retirement benefits or programs.
1115-(B) Receive tuition support for each student who the
1116-teacher teaches under a parent-teacher compact.
1117-(C) Participate in any state employee health plan, life
1118-insurance plan, or disability insurance plan.
1119-(2) The costs to the department in administering a
1120-parent-teacher compact program.
1121-(3) Costs associated with allowing teachers who enter into a
1122-parent-teacher compact to participate in and receive tuition
1123-support and benefits listed in subdivision (1)(A) through
1124-(1)(C).
1125-(4) Information that should be included in a parent-teacher
1126-compact.
1127-(5) Annual deadlines for submitting a parent-teacher compact
1128-to the department.
1129-(6) Any requirements under law that would or should apply
1130-to teachers teaching under a parent-teacher compact,
1131-including teacher qualifications, expanded criminal history
1132-checks, and Indiana expanded child protection index checks.
1133-(7) Any requirements under law that would or should apply
1134-to a student taught under a parent-teacher compact.
1135-(8) The manner in which the department would make tuition
1136-support distributions to a teacher under a parent-teacher
1137-compact program.
1138-(9) Establishing, maintaining, and transferring education
1139-records of students taught under a parent-teacher compact.
1140-(10) Any other matters the department determines are
1141-relevant regarding establishing and implementing a
1142-parent-teacher compact program.
1143-(b) Not later than November 1, 2022, the department shall
1144-submit the report prepared under subsection (a) to the legislative
1145-council in an electronic format under IC 5-14-6.
1146-(c) This section expires July 1, 2023.
1147-SECTION 7. IC 20-27-2-10, AS ADDED BY P.L.1-2005,
1148-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1149-JULY 1, 2022]: Sec. 10. "Special purpose bus" means a motor vehicle:
1150-(1) that is designed and constructed for the accommodation of
1151-more than ten (10) passengers;
1152-(2) that:
1153-(A) meets the federal school bus safety requirements under 49
1154-HEA 1251 — CC 1 28
1155-U.S.C. 30125 except the:
1156-(i) stop signal arm required under federal motor vehicle
1157-safety standard (FMVSS) no. 131; and
1158-(ii) flashing lamps required under federal motor vehicle
1159-safety standard (FMVSS) no. 108;
1160-(B) when owned by a school corporation and used to transport
1161-students, complies with the Federal Motor Carrier Safety
1162-Regulations as prescribed by the United States Department of
1163-Transportation Federal Motor Carrier Safety Administration as
1164-set forth in 49 CFR Chapter III Subchapter B; or
1165-(C) when owned by a school corporation and used to transport
1166-students, is a motor coach type bus; with a capacity of at least
1167-thirty (30) passengers and a gross vehicle weight rating greater
1168-than twenty-six thousand (26,000) pounds; and
1169-(3) that is used by a school corporation for transportation
1170-purposes appropriate under IC 20-27-9-5.
1171-SECTION 8. IC 20-27-8-1, AS AMENDED BY P.L.167-2018,
1172-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1173-JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for
1174-the transportation of students or be employed as a school bus monitor
1175-unless the individual satisfies the following requirements:
1176-(1) Is of good moral character.
1177-(2) Does not use intoxicating liquor during school hours.
1178-(3) Does not use intoxicating liquor to excess at any time.
1179-(4) Is not addicted to any narcotic drug.
1180-(5) Is at least:
1181-(A) twenty-one (21) years of age for driving a school bus; or
1182-(B) eighteen (18) years of age for employment as a school bus
1183-monitor.
1184-(6) In the case of a school bus driver, holds a valid public
1185-passenger chauffeur's license or commercial driver's license
1186-issued by the state or any other state.
1187-(7) Possesses the following required physical characteristics:
1188-(A) Sufficient physical ability to be a school bus driver, as
1189-determined by the committee.
1190-(B) The full normal use of both hands, both arms, both feet,
1191-both legs, both eyes, and both ears.
1192-(C) Freedom from any communicable disease that:
1193-(i) may be transmitted through airborne or droplet means; or
1194-(ii) requires isolation of the infected person under 410
1195-IAC 1-2.3.
1196-(D) Freedom from any mental, nervous, organic, or functional
1197-HEA 1251 — CC 1 29
1198-disease that might impair the person's ability to properly
1199-operate a school bus.
1200-(E) This clause does not apply to a school bus monitor. Visual
1201-acuity, with or without glasses, of at least 20/40 in each eye
1202-equal to the vision requirements under 49 CFR 391.41 and
1203-a field of vision with one hundred fifty (150) degree minimum
1204-and with depth perception of at least eighty percent (80%) or
1205-forty-eight (48) seconds of arc or less angle of stereopsis.
1206-(b) This subsection applies to a school bus monitor.
1207-Notwithstanding subsection (a)(5)(B), a school corporation or school
1208-bus driver may not employ an individual who is less than twenty-one
1209-(21) years of age as a school bus monitor unless the school corporation
1210-or school bus driver does not receive a sufficient number of qualified
1211-applicants for employment as a school bus monitor who are at least
1212-twenty-one (21) years of age. A school corporation or school bus driver
1213-shall maintain a record of applicants, their ages, and their qualifications
1214-to show compliance with this subsection.
1215-SECTION 9. IC 20-27-9-5, AS AMENDED BY P.L.155-2020,
1216-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1217-JULY 1, 2022]: Sec. 5. (a) A special purpose bus or an appropriate
1218-vehicle may be used:
1219-(1) by a school corporation to provide regular transportation of a
1220-student between one (1) school and another school but not or
1221-between the student's residence and the school;
1222-(2) to transport students and their supervisors, including coaches,
1223-managers, and sponsors to athletic or other extracurricular school
1224-activities and field trips;
1225-(3) by a school corporation to provide transportation between an
1226-individual's residence and the school for an individual enrolled in
1227-a special program for the habilitation or rehabilitation of persons
1228-with a developmental or physical disability, and, if applicable, the
1229-individual's sibling;
1230-(4) to transport homeless students under IC 20-27-12;
1231-(5) by a school corporation to provide regular transportation of an
1232-individual described in section 4 or 7 of this chapter between the
1233-individual's residence and the school; and
1234-(6) to transport students to career and technical education
1235-programs under IC 20-27-12.1.
1236-(b) The mileage limitation of section 3 of this chapter does not apply
1237-to special purpose buses.
1238-(c) The operator of a special purpose bus or appropriate vehicle
1239-must be at least twenty-one (21) years of age, be authorized by the
1240-HEA 1251 — CC 1 30
1241-school corporation, pass an expanded criminal history check and
1242-expanded child protection index check as provided under
1243-IC 20-26-5-10, and meet the following requirements:
1244-(1) Except as provided in subdivision (2)(B) and in addition to the
1245-license required under this subdivision, if the special purpose bus
1246-has a capacity of less than sixteen (16) passengers, the operator
1247-must hold a valid:
1248-(A) operator's;
1249-(B) chauffeur's;
1250-(C) public passenger chauffeur's; or
1251-(D) commercial driver's;
1252-license.
1253-(2) If the special purpose bus:
1254-(A) has a capacity of more than fifteen (15) passengers; or
1255-(B) is used to provide transportation to an individual described
1256-in subsection (a)(3) or (a)(5);
1257-the operator must meet the requirements for a school bus driver
1258-set out in IC 20-27-8.
1259-(d) A special purpose bus is not required to be constructed,
1260-equipped, or painted as specified for school buses under this article or
1261-by the rules of the committee.
1262-(e) An owner or operator of a special purpose bus, other than a
1263-special purpose bus owned or operated by a school corporation or a
1264-nonpublic school, is subject to IC 8-2.1.
1265-SECTION 10. IC 20-27-9-12, AS AMENDED BY P.L.99-2007,
1266-SECTION 174, IS AMENDED TO READ AS FOLLOWS
1267-[EFFECTIVE JULY 1, 2022]: Sec. 12. (a) As used in this section,
1268-"child care center" means a nonresidential building where at least one
1269-(1) child receives child care from a provider licensed under
1270-IC 12-17.2-4:
1271-(1) while unattended by a parent;
1272-(2) for regular compensation; and
1273-(3) for more than four (4) hours but less than twenty-four (24)
1274-hours in each of ten (10) consecutive days per year, excluding
1275-intervening Saturdays, Sundays, and holidays.
1276-(b) This subsection does not apply to a person with a developmental
1277-or physical disability who is provided transportation by a school
1278-corporation by means of a special purpose bus as provided in section
1279-5(a)(3) of this chapter. An individual or entity who transports children
1280-in the care of a:
1281-(1) preschool operated by a school corporation;
1282-(2) public elementary school; or
1283-HEA 1251 — CC 1 31
1284-(3) public secondary school;
1285-on a public highway (as defined in IC 9-25-2-4) within or outside
1286-Indiana shall transport the children only in a school bus, However, a
1287-special purpose bus, or an appropriate vehicle. The school bus,
1288-special purpose bus, or appropriate vehicle may be used for
1289-transportation of the children to activities other than or for regular
1290-transportation between the residences of the children and the school.
1291-(c) An individual or entity that transports children in the care of a
1292-child care center on a public highway (as defined in IC 9-25-2-4)
1293-within or outside Indiana in a vehicle designed and constructed for the
1294-accommodation of more than ten (10) passengers shall transport the
1295-children only in a school bus or special purpose bus.
1296-(d) The operator of a:
1297-(1) school bus that transports children as required under
1298-subsection (b) or (c) must meet the requirements of IC 20-27-8;
1299-and
1300-(2) special purpose bus or an appropriate vehicle that transports
1301-children as required under subsection (b) or (c) must meet the
1302-requirements of section 5(c) of this chapter.
1303-(e) This section does not prohibit the use of a public transportation
1304-system for the transportation of children if the motor carriage used is
1305-designed to carry at least twenty (20) passengers.
1306-(f) This section does not prohibit a:
1307-(1) preschool operated by a school corporation;
1308-(2) public elementary school;
1309-(3) public secondary school; or
1310-(4) child care center;
1311-from contracting with a common carrier for incidental charter bus
1312-service for nonregular transportation if the carrier and the carrier's
1313-motor coach comply with the Federal Motor Carrier Safety Regulations
1314-as prescribed by the United States Department of Transportation
1315-Federal Highway Administration.
1316-(g) Notwithstanding section 17 of this chapter, a person who
1317-violates this section commits a Class B infraction.
1318-SECTION 11. IC 20-28-5-27 IS ADDED TO THE INDIANA
1319-CODE AS A NEW SECTION TO READ AS FOLLOWS
1320-[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) In an effort to fill a vacant
1321-teaching position, offer a new program or class, or supplement a
1322-program currently being offered, the governing body of a school
1323-corporation may issue an adjunct teacher permit to an individual
1324-if the following minimum requirements are met:
1325-(1) The individual has at least four (4) years of experience in
1326-HEA 1251 — CC 1 32
1327-the content area in which the individual intends to teach.
1328-(2) The school corporation conducts an expanded criminal
1329-history check and expanded child protection index check
1330-concerning the individual as required under IC 20-26-5-10.
1331-(3) The individual has not been convicted of a felony listed in
1332-section 8(c) of this chapter or described in section 8(d) of this
1333-chapter or the individual's conviction has been reversed,
1334-vacated, or set aside on appeal.
1335-However, the governing body may establish stricter requirements
1336-than the requirements prescribed by this subsection.
1337-(b) If a governing body of a school corporation issues an adjunct
1338-teacher permit to an individual under subsection (a):
1339-(1) the school corporation may enter into an employment
1340-agreement for employment with the individual as a part-time
1341-or full-time teacher of the school corporation;
1342-(2) the individual who holds the adjunct permit may teach in
1343-any content area in which the school corporation allows the
1344-individual to teach based on the individual's experience
1345-described in subsection (a);
1346-(3) the individual must be assigned a teacher mentor for
1347-support in pedagogy; and
1348-(4) the individual must complete the following training within
1349-the first ninety (90) days of employment:
1350-(A) IC 20-26-5-34.2 (bullying prevention).
1351-(B) IC 20-28-3-4.5 (training on child abuse and neglect).
1352-(C) IC 20-28-3-6 (youth suicide awareness and prevention
1353-training).
1354-(D) IC 20-28-3-7 (training on human trafficking).
1355-(c) An adjunct teacher may not provide special education
1356-instruction.
1357-(d) The salary of an adjunct teacher under an employment
1358-agreement described in IC 20-28-6-7.3 is not subject to the
1359-requirements under IC 20-28-9-1.5 or a local compensation plan
1360-established by a school corporation as described in IC 20-28-9-1.5.
1361-(e) Except as otherwise provided in a collective bargaining
1362-agreement entered into or renewed before July 1, 2022, an
1363-employment agreement entered into under this section is not
1364-subject to a collective bargaining agreement entered into under
1365-IC 20-29.
1366-(f) It is not an unfair practice for a school corporation to enter
1367-into an employment agreement under this section.
1368-(g) Each school corporation that hires an adjunct teacher under
1369-HEA 1251 — CC 1 33
1370-this section shall report to the department the following
1371-information:
881+the department under subsection (b).
882+(b) Each school corporation that hires an adjunct teacher shall
883+report to the department the following information:
1372884 (1) The number of adjunct teachers who hold a permit issued
1373-under this section that the school corporation has hired each
1374-school year, disaggregated by the grade level and subject area
1375-taught by the adjunct teacher.
885+under IC 20-28-5-27 the school corporation has hired for each
886+academic year, disaggregated by the grade level and subject
887+area taught by the adjunct teacher.
1376888 (2) The following information for each adjunct teacher
1377889 described in subdivision (1):
1378890 (A) The name of the adjunct teacher.
1379891 (B) The subject matter the adjunct teacher is permitted to
1380892 teach.
1381893 (C) A description of the adjunct teacher's experience
1382-described in subsection (a)(1).
894+described in IC 20-28-5-27(a)(1).
1383895 (D) The adjunct teacher's total salary and any other
1384896 compensation paid to the adjunct teacher during the school
1385897 year.
1386-(E) The number of previous adjunct teaching employment
1387-agreements the adjunct teacher has entered into with the
1388-school corporation or any other school corporation.
1389-(h) A school corporation shall post a vacant adjunct teacher
1390-position on the department's online adjunct teacher portal
1391-established under IC 20-19-3-25.
1392-(i) A school corporation may notify the parents of students
1393-enrolled in the school corporation of a vacant adjunct teacher
1394-position.
1395-(j) The governing body of a school corporation shall announce
1396-any vacant adjunct teacher positions at meetings of the governing
1397-body.
1398-SECTION 12. IC 20-28-6-2, AS AMENDED BY P.L.43-2021,
1399-SECTION 89, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1400-JULY 1, 2022]: Sec. 2. (a) Except as provided under section 7.3 of
1401-this chapter, a contract entered into by a teacher and a school
1402-corporation must:
1403-(1) be in writing;
1404-(2) be signed by both parties; and
1405-(3) contain the:
1406-(A) beginning date of the school term as determined annually
1407-by the school corporation;
1408-(B) number of days in the school term as determined annually
1409-by the school corporation;
1410-(C) total salary to be paid to the teacher during the school year;
1411-(D) number of salary payments to be made to the teacher
1412-HEA 1251 — CC 1 34
1413-during the school year; and
1414-(E) number of hours per day the teacher is expected to work,
1415-as discussed pursuant to IC 20-29-6-7.
1416-(b) The contract may provide for the annual determination of the
1417-teacher's annual compensation based on a local compensation plan
1418-specifying a salary range, which is part of the contract. The
1419-compensation plan may be changed by the school corporation before
1420-the later of May 1 of a year, with the changes effective the next school
1421-year, or the date specified in a collective bargaining agreement
1422-applicable to the next school year. A teacher affected by the changes
1423-shall be furnished with printed copies of the changed compensation
1424-plan not later than thirty (30) days after the adoption of the
1425-compensation plan.
1426-(c) A contract under this section is also governed by the following
1427-statutes:
1428-(1) IC 20-28-9-5 through IC 20-28-9-6.
1429-(2) IC 20-28-9-9 through IC 20-28-9-11.
1430-(3) IC 20-28-9-13.
1431-(4) IC 20-28-9-14.
1432-(d) A governing body shall provide the blank contract forms,
1433-carefully worded by the secretary of education, and have them signed.
1434-The contracts are public records open to inspection by the residents of
1435-each school corporation.
1436-(e) An action may be brought on a contract that conforms with
1437-subsections (a)(1), (a)(2), and (d).
1438-SECTION 13. IC 20-28-6-4, AS ADDED BY P.L.1-2005,
1439-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1440-JULY 1, 2022]: Sec. 4. (a) This section does not apply to:
1441-(1) a teacher employed as a substitute teacher; or
1442-(2) an individual who holds an adjunct teacher permit issued
1443-by the governing body of a school corporation under
1444-IC 20-28-5-27.
1445-(b) A teacher employed in a public school must be employed on a
1446-uniform teacher's contract or a supplemental service teacher's contract.
1447-SECTION 14. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
1448-CODE AS A NEW SECTION TO READ AS FOLLOWS
1449-[EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) An employment
1450-agreement entered into between a school corporation and an
1451-individual who holds an adjunct teacher permit issued by the
1452-governing body of a school corporation under IC 20-28-5-27 must:
1453-(1) be in writing;
1454-(2) be signed by both parties; and
1455-HEA 1251 — CC 1 35
1456-(3) contain the following:
1457-(A) The total salary and any other compensation to be paid
1458-to the adjunct teacher during the school year.
1459-(B) The method and frequency of salary payments.
1460-(C) The number of classes the adjunct teacher is to teach.
1461-(D) The classes and subject matter areas that the adjunct
1462-teacher will be teaching.
1463-(E) An expiration date that is not later than the end of the
1464-school year.
1465-(b) An employment agreement under this section is a public
1466-record open to inspection.
1467-(c) An adjunct teacher may enter into employment agreements
1468-with more than one (1) school corporation.
1469-SECTION 15. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
1470-SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1471-JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
1472-for a teacher employed by a school corporation. Compensation
1473-attributable to additional degrees or graduate credits earned before the
1474-effective date of a local compensation plan created under this chapter
1475-before July 1, 2015, shall continue for school years beginning after
1476-June 30, 2015. Compensation attributable to additional degrees for
1477-which a teacher has started course work before July 1, 2011, and
1478-completed course work before September 2, 2014, shall also continue
1479-for school years beginning after June 30, 2015. For school years
1480-beginning after June 30, 2015, a school corporation may provide a
1481-supplemental payment to a teacher in excess of the salary specified in
1482-the school corporation's compensation plan under any of the following
1483-circumstances:
1484-(1) The teacher:
1485-(A) teaches an advanced placement course or a Cambridge
1486-International course; or
1487-(B) has earned a master's degree from an accredited
1488-postsecondary educational institution in a content area directly
1489-related to the subject matter of:
1490-(i) a dual credit course; or
1491-(ii) another course;
1492-taught by the teacher.
1493-(2) Beginning after June 30, 2018, the teacher:
1494-(A) is a special education professional; or
1495-(B) teaches in the areas of science, technology, engineering, or
1496-mathematics.
1497-(3) Beginning after June 30, 2019, the teacher teaches a career or
1498-HEA 1251 — CC 1 36
1499-technical education course.
1500-In addition, a supplemental payment may be made to an elementary
1501-school teacher who earns a master's degree in math, reading, or
1502-literacy. A supplement provided under this subsection is not subject to
1503-collective bargaining, but a discussion of the supplement must be held.
1504-Such a supplement is in addition to any increase permitted under
1505-subsection (b).
1506-(b) Increases or increments in a local salary range must be based
1507-upon a combination of the following factors:
1508-(1) A combination of the following factors taken together may
1509-account for not more than fifty percent (50%) of the calculation
1510-used to determine a teacher's increase or increment:
1511-(A) The number of years of a teacher's experience.
1512-(B) The possession of either:
1513-(i) additional content area degrees beyond the requirements
1514-for employment; or
1515-(ii) additional content area degrees and credit hours beyond
1516-the requirements for employment, if required under an
1517-agreement bargained under IC 20-29.
1518-(2) The results of an evaluation conducted under IC 20-28-11.5.
1519-(3) The assignment of instructional leadership roles, including the
1520-responsibility for conducting evaluations under IC 20-28-11.5.
1521-(4) The academic needs of students in the school corporation.
1522-(c) To provide greater flexibility and options, a school corporation
1523-may differentiate the amount of salary increases or increments
1524-determined for teachers. A school corporation shall base a
1525-differentiated amount under this subsection on reasons the school
1526-corporation determines are appropriate, which may include the:
1527-(1) subject or subjects, including the subjects described in
1528-subsection (a)(2), taught by a given teacher;
1529-(2) importance of retaining a given teacher at the school
1530-corporation; and
1531-(3) need to attract an individual with specific qualifications to fill
1532-a teaching vacancy.
1533-(d) A school corporation may provide differentiated increases or
1534-increments under subsection (b), and in excess of the percentage
1535-specified in subsection (b)(1), in order to:
1536-(1) reduce the gap between the school corporation's minimum
1537-teacher salary and the average of the school corporation's
1538-minimum and maximum teacher salaries; or
1539-(2) allow teachers currently employed by the school corporation
1540-to receive a salary adjusted in comparison to starting base salaries
1541-HEA 1251 — CC 1 37
1542-of new teachers.
1543-(e) Except as provided in subsection (f), a teacher rated ineffective
1544-or improvement necessary under IC 20-28-11.5 may not receive any
1545-raise or increment for the following year if the teacher's employment
1546-contract is continued. The amount that would otherwise have been
1547-allocated for the salary increase of teachers rated ineffective or
1548-improvement necessary shall be allocated for compensation of all
1549-teachers rated effective and highly effective based on the criteria in
1550-subsection (b).
1551-(f) Subsection (e) does not apply to a teacher in the first two (2) full
1552-school years that the teacher provides instruction to students in
1553-elementary school or high school. If a teacher provides instruction to
1554-students in elementary school or high school in another state, any full
1555-school year, or its equivalent in the other state, that the teacher provides
1556-instruction counts toward the two (2) full school years under this
1557-subsection.
1558-(g) A teacher who does not receive a raise or increment under
1559-subsection (e) may file a request with the superintendent or
1560-superintendent's designee not later than five (5) days after receiving
1561-notice that the teacher received a rating of ineffective. The teacher is
1562-entitled to a private conference with the superintendent or
1563-superintendent's designee.
1564-(h) The Indiana education employment relations board established
1565-in IC 20-29-3-1 shall publish a model compensation plan with a model
1566-salary range that a school corporation may adopt.
1567-(i) Each school corporation shall submit its local compensation plan
1568-to the Indiana education employment relations board. For a school year
1569-beginning after June 30, 2015, a local compensation plan must specify
1570-the range for teacher salaries. The Indiana education employment
1571-relations board shall publish the local compensation plans on the
1572-Indiana education employment relations board's Internet web site.
1573-(j) The Indiana education employment relations board shall review
1574-a compensation plan for compliance with this section as part of its
1575-review under IC 20-29-6-6.1. The Indiana education employment
1576-relations board has jurisdiction to determine compliance of a
1577-compensation plan submitted under this section.
1578-(k) This chapter may not be construed to require or allow a school
1579-corporation to decrease the salary of any teacher below the salary the
1580-teacher was earning on or before July 1, 2015, if that decrease would
1581-be made solely to conform to the new compensation plan.
1582-(l) After June 30, 2011, all rights, duties, or obligations established
1583-under IC 20-28-9-1 before its repeal are considered rights, duties, or
1584-HEA 1251 — CC 1 38
1585-obligations under this section.
1586-(m) An employment agreement described in IC 20-28-6-7.3
1587-between an adjunct teacher and a school corporation is not subject
1588-to this section.
1589-SECTION 16. IC 20-29-2-13, AS ADDED BY P.L.1-2005,
1590-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1591-JULY 1, 2022]: Sec. 13. "School employee" means a full-time
1592-certificated person in the employment of the school employer. A school
1593-employee is considered full time even though the employee does not
1594-work during school vacation periods and accordingly works less than
1595-a full year. The term does not include:
1596-(1) supervisors;
1597-(2) confidential employees;
1598-(3) employees performing security work; and
1599-(4) noncertificated employees; and
1600-(5) adjunct teachers who hold permits issued under
1601-IC 20-28-5-27.
1602-SECTION 17. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
898+(E) The number of previous adjunct teaching contracts the
899+adjunct teacher has entered into with the school
900+corporation or any other school corporation.
901+The department shall post the information under this subsection on
902+the department's portal described in subsection (a).".
903+Page 9, between lines 29 and 30, begin a new line block indented
904+and insert:
905+"(3) Within the first ninety (90) days of employment, the
906+individual must complete training required under the
907+following:
908+(A) IC 20-26-5-34.2 (bullying prevention).
909+(B) IC 20-28-3-4.5 (training on child abuse and neglect).
910+(C) IC 20-28-3-6 (youth suicide awareness and prevention
911+EH 1251—LS 7066/DI 116 21
912+training).
913+(D) IC 20-28-3-7 (training on human trafficking).".
914+Page 11, line 17, after "salary" insert "and any other
915+compensation".
916+Page 11, line 26, delete "inspection by the residents of each school"
917+and insert "inspection.".
918+Page 11, delete line 27.
919+Page 14, between lines 31 and 32, begin a new paragraph and insert:
920+"SECTION 15. IC 20-29-6-7, AS AMENDED BY P.L.73-2019,
1603921 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1604922 JULY 1, 2022]: Sec. 7. A school employer shall discuss with the
1605923 exclusive representative of certificated employees the following items:
1606924 (1) Curriculum development and revision.
1607925 (2) Selection of curricular materials.
1608926 (3) Teaching methods.
1609927 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
1610928 and retention of certificated employees.
1611929 (5) Student discipline.
1612930 (6) Expulsion or supervision of students.
1613931 (7) Pupil/teacher ratio.
1614932 (8) Class size or budget appropriations.
1615933 (9) Safety issues for students and employees in the workplace,
1616934 except those items required to be kept confidential by state or
1617935 federal law.
1618936 (10) Hours.
1619937 (11) Funding for a plan for a remediation program for any subset
1620938 of students enrolled in kindergarten through grade 12.
1621939 (12) The following nonbargainable items under IC 20-43-10-3.5:
1622940 (A) Teacher appreciation grants.
1623941 (B) Individual teacher appreciation grant stipends to teachers.
1624942 (C) Additions to base salary based on teacher appreciation
1625943 grant stipends.
1626944 (13) The pre-evaluation planning session required under
1627-HEA 1251 — CC 1 39
1628945 IC 20-28-11.5-4.
1629946 (14) The superintendent's report to the governing body concerning
1630947 staff performance evaluations required under IC 20-28-11.5-9.
1631948 (15) A teacher performance model.
1632949 (16) The use of adjunct teachers permitted under
1633-IC 20-28-5-27.
1634-SECTION 18. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
950+IC 20-28-5-27.".
951+Page 14, delete lines 32 through 42, begin a new paragraph and
952+insert:
953+"SECTION 16. IC 20-31-3-1, AS AMENDED BY P.L.242-2017,
954+EH 1251—LS 7066/DI 116 22
1635955 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1636956 UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
1637957 concise, and jargon free state academic standards that are comparable
1638958 to national and international academic standards and the college and
1639959 career readiness educational standards adopted under IC 20-19-2-14.5.
1640960 These academic standards must be adopted for each grade level from
1641961 kindergarten through grade 12 for the following subjects:
1642962 (1) English/language arts.
1643963 (2) Mathematics.
1644964 (3) Social studies.
1645965 (4) Science.
1646966 (b) For grade levels tested under the statewide assessment program,
1647967 the academic standards must be based in part on the results of the
1648968 statewide assessment program.
1649969 (c) The state board shall, in consultation with postsecondary
1650970 educational institutions and various businesses and industries,
1651971 identify what skills or traits students need to be successful upon
1652972 completion of high school. The department must conduct a
1653973 research study to define essential postsecondary skills to promote
1654974 enlistment, enrollment, and employment. The study must inform
1655975 a reduction in high school standards to align to essential skills
1656976 needed for postsecondary success. The study must be submitted to
1657977 the state board and to the general assembly in an electronic format
1658978 under IC 5-14-6 on or before December 1, 2022. Not later than
1659979 June 1, 2023, the department must provide recommended
1660980 reductions to the Indiana academic standards with a goal of
1661981 defining no more than thirty-three percent (33%) of the number of
1662982 academic standards in effect on July 1, 2022, as essential for grades
1663983 9 through 12 to the state board. Additional standards may be
1664984 included for vertical articulation to ensure academic and
1665985 postsecondary success, not to exceed seventy-five percent (75%) of
1666986 the academic standards in effect on July 1, 2022. Not later than
1667987 June 1, 2024, the department must provide recommended
1668988 reductions to the Indiana academic standards with a goal of
1669989 defining no more than thirty-three percent (33%) of the number of
1670-HEA 1251 — CC 1 40
1671990 academic standards in effect on July 1, 2022, as essential for
1672991 kindergarten through grade 8 to the state board. Additional
1673992 standards may be included for vertical articulation to ensure
1674993 academic and postsecondary success, not to exceed seventy-five
1675994 percent (75%) of the academic standards in effect on July 1, 2022.
1676995 A realignment of the ILEARN assessment reflecting the reduction
1677996 must be completed not later than March 1, 2025.
997+EH 1251—LS 7066/DI 116 23
1678998 (d) Upon receipt and review of the information received under
1679999 subsection (c), the state board shall adopt Indiana academic
16801000 standards for grades 9 through 12 and subsequently for
16811001 kindergarten through grade 8 relating to academic standards
16821002 needed to meet the skills or traits identified by the study. The
16831003 academic standards developed under this subsection must be
16841004 included within the reduced number of academic standards
16851005 required by subsection (c). The department shall submit the
16861006 academic standards to the state board for approval in a manner
16871007 prescribed by the state board and the state board shall approve
16881008 academic standards in accordance with the requirements described
1689-in this subsection not later than June 1, 2024.
1690-SECTION 19. IC 20-31-3-3, AS AMENDED BY P.L.73-2011,
1691-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1692-UPON PASSAGE]: Sec. 3. The department shall revise and update
1693-academic standards:
1694-(1) for each grade level from kindergarten through grade 12; and
1695-(2) in each subject area listed in section 2 of this chapter;
1696-at least once every six (6) years in addition to the requirements
1697-described in section 1(c) and 1(d) of this chapter. This revision must
1698-occur on a cyclical basis.
1699-SECTION 20. IC 20-31-4.1-10, AS ADDED BY P.L.92-2020,
1700-SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1701-UPON PASSAGE]: Sec. 10. The state board shall adopt rules under
1702-IC 4-22-2, and may adopt emergency rules under IC 4-22-2-37.1,
1703-necessary to implement this chapter.
1704-SECTION 21. IC 20-37-2-13, AS ADDED BY P.L.187-2021,
1705-SECTION 62 AND P.L.216-2021, SECTION 44, IS AMENDED TO
1706-READ AS FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) As
1707-used in this section, "applicable high school" means a high school at
1708-which all the students participate in a work based learning course (as
1709-defined in IC 20-43-8-0.7) or school based enterprise.
1710-(b) As used in this section, "primary use of the building" means an
1711-occupancy classification that is:
1712-(1) most closely related to the intended use of the building; and
1713-HEA 1251 — CC 1 41
1714-(2) determined by the rules of the fire prevention and building
1715-safety commission established by IC 22-12-2-1 in effect at the
1716-time that the applicable high school is first opened. that apply to
1717-the building immediately preceding the date that the
1718-applicable high school agrees to use the building.
1719-(c) Except as provided in subsection (d), an applicable high school
1720-shall comply with all rules of the fire prevention and building safety
1721-commission applicable to the primary use of the building.
1722-(d) The fire prevention and building commission may grant a
1723-variance under IC 22-13-2-11 to the rules applicable to the primary
1724-use of the building necessary to implement this section.
1725-SECTION 22. IC 20-52 IS ADDED TO THE INDIANA CODE AS
1726-A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
1727-PASSAGE]:
1728-ARTICLE 52. STUDENT ENRICHMENT GRANTS
1729-Chapter 1. Applicability
1730-Sec. 1. This article applies after June 30, 2022.
1731-Chapter 2. Definitions
1732-Sec. 1. The definitions in this chapter apply throughout this
1733-article.
1734-Sec. 2. "Account" refers to an Indiana enrichment scholarship
1735-account established by an enrichment student's parent under
1736-IC 20-52-4-1.
1737-Sec. 3. "Enrichment student" refers to an individual who:
1738-(1) has legal settlement in Indiana; and
1739-(2) meets the criteria established by the department under
1740-IC 20-52-3-3(a).
1741-Sec. 4. "Participating entity" means any individual or entity
1742-who provides a qualified expense who is approved by the
1743-department under IC 20-52-5-1.
1744-Sec. 5. "Program" refers to the Indiana student enrichment
1745-grant program established by IC 20-52-3-1.
1746-Sec. 6. "Qualified expenses" means enrichment materials,
1747-activities, or programs approved by the department to improve
1748-student proficiency in math or reading.
1749-Chapter 3. Administration of the Indiana Student Enrichment
1750-Grant Program
1751-Sec. 1. The Indiana student enrichment grant program is
1752-established to provide grants to a parent of an enrichment student
1753-under IC 20-52-4 after August 31, 2022.
1754-Sec. 2. (a) The program shall be administered by the
1755-department.
1756-HEA 1251 — CC 1 42
1757-(b) The department may contract with one (1) or more entities
1758-to maintain and manage accounts established under IC 20-52-4-1.
1759-Each entity shall:
1760-(1) meet qualification requirements established by the
1761-department; and
1762-(2) comply with generally accepted accounting principles.
1763-(c) The department shall establish reasonable fees for entities
1764-described in subsection (b) participating in the program based
1765-upon market rates.
1766-Sec. 3. (a) To be considered an enrichment student, the student
1767-must at a minimum:
1768-(1) have experienced learning loss;
1769-(2) have fallen behind in acquiring anticipated grade level
1770-academic skills and knowledge;
1771-(3) have scored below academic standards or average
1772-benchmarks; or
1773-(4) be at risk of falling below academic standards.
1774-However, the department may establish more stringent criteria for
1775-determining eligibility for a grant under this article.
1776-(b) For each school year, the department shall determine, based
1777-on the amount of funds available for the program, the number of
1778-grants that the department will award under the program. The
1779-number of applications approved and the number of grants
1780-awarded under this article by the department for the school year
1781-may not exceed the number determined by the department under
1782-this section.
1783-(c) Only federal funds may be used to award grants under this
1784-article. A grant may not be made under this article after funds
1785-received by the department from the Elementary and Secondary
1786-School Emergency Relief Fund (ESSER fund) are exhausted.
1787-Chapter 4. Enrichment Grant Accounts
1788-Sec. 1. (a) After August 31, 2022, a parent of an enrichment
1789-student may establish an Indiana enrichment scholarship account
1790-for the eligible student by entering into a written agreement with
1791-the department on a form prepared by the department. The
1792-department may establish deadlines for the submission of
1793-applications. The account of an enrichment student shall be made
1794-in the name of the enrichment student. The department shall make
1795-the agreement available on the Internet web site of the department.
1796-To be eligible, a parent of an enrichment student wishing to
1797-participate in the program must agree that:
1798-(1) a grant deposited in the enrichment student's account
1799-HEA 1251 — CC 1 43
1800-under section 2 of this chapter will be used only for the
1801-enrichment student's qualified expenses;
1802-(2) the parent of the enrichment student will use money in the
1803-account for the enrichment student's study in the subject of
1804-reading or math;
1805-(3) the parent will share the enrichment student's ILEARN
1806-assessment results with the participating entity; and
1807-(4) services relating to qualified services will not be provided
1808-to the enrichment student during normal school hours.
1809-(b) A parent of an enrichment student may enter into a separate
1810-agreement under subsection (a) for each child of the parent.
1811-However, not more than one (1) account may be established for
1812-each enrichment student.
1813-(c) An agreement entered into under this section for an
1814-enrichment student terminates automatically for the enrichment
1815-student if the enrichment student no longer resides in Indiana
1816-while the enrichment student is eligible to receive grants under
1817-section 2 of this chapter.
1818-(d) An agreement made under this section for an enrichment
1819-student may be terminated before the end of the school year if the
1820-parent of the enrichment student notifies the department in a
1821-manner specified by the department.
1822-(e) A distribution made to an account under section 2 of this
1823-chapter is considered tax exempt as long as the distribution is used
1824-for a qualified expense. The amount is subtracted from the
1825-definition of adjusted federal gross income under IC 6-3-1-3.5 to
1826-the extent the distribution used for the qualified expense is
1827-included in the taxpayer's adjusted federal gross income under the
1828-Internal Revenue Code.
1829-Sec. 2. (a) An enrichment student who currently maintains an
1830-account is entitled to a one (1) time grant amount. The department
1831-shall deposit the enrichment grant amount under this section, as a
1832-one (1) time deposit, into an enrichment student's account in a
1833-manner established by the department.
1834-(b) Except as provided in subsection (c), at the end of the year
1835-in which an account is established, the parent of an enrichment
1836-student may roll over for use in a subsequent year the amount
1837-available in the enrichment student's account.
1838-(c) An enrichment student's account shall terminate October 1,
1839-2024.
1840-Sec. 3. (a) Subject to section 7 of this chapter, the one (1) time
1841-enrichment grant amount under section 2 of this chapter for an
1842-HEA 1251 — CC 1 44
1843-enrichment student equals the greater of:
1844-(1) five hundred dollars ($500); or
1845-(2) if the school corporation or school provides a matching
1846-grant to the enrichment student under this section, one
1847-thousand dollars ($1,000).
1848-(b) A school corporation or a school may provide a matching
1849-grant of two hundred fifty dollars ($250) to an enrichment student
1850-under this chapter. However, the matching grant may only consist
1851-of federal funds received by the school corporation or school. If the
1852-school corporation or school provides matching grants, the school
1853-corporation or school may suggest qualified providers for
1854-particular services.
1855-Sec. 4. Upon entering into an agreement under this chapter, the
1856-department shall provide to the parent of an enrichment student:
1857-(1) a written explanation of the authorized uses of the money
1858-in the account and the responsibilities of the parent of an
1859-enrichment student and the department regarding an account
1860-established under section 1 of this chapter; and
1861-(2) a notice explaining that the parent of the enrichment
1862-student is responsible for using the enrichment grant to
1863-address the reason the enrichment student is eligible to
1864-receive the grant under IC 20-52-3-3(a).
1865-Sec. 5. This chapter does not prohibit a parent of an enrichment
1866-student from making a payment for any qualified expense from a
1867-source other than the enrichment student's account.
1868-Sec. 6. A participating entity that receives a payment for a
1869-qualified expense may not refund any part of the payment directly
1870-to the parent of the enrichment student. Any refund provided by
1871-a participating entity shall be deposited into the enrichment
1872-student's account.
1873-Sec. 7. (a) The department shall freeze the account established
1874-under section 1 of this chapter of any parent of an enrichment
1875-student who:
1876-(1) fails to comply with the terms of the agreement established
1877-under section 1 of this chapter;
1878-(2) fails to comply with applicable laws or regulations; or
1879-(3) substantially misuses funds in the account.
1880-(b) The department shall send written notice to the parent of the
1881-enrichment student stating the reason for the freeze under
1882-subsection (a). The department may also send notice to the
1883-attorney general or the prosecuting attorney in the county in which
1884-the parent of the enrichment student resides if the department
1885-HEA 1251 — CC 1 45
1886-believes a crime has been committed or a civil action relating to the
1887-account is necessary.
1888-(c) A parent of an enrichment student whose account has been
1889-frozen under subsection (a) may petition the department for
1890-redetermination of the decision under subsection (a) within thirty
1891-(30) days after the date the department sends notice to the parent
1892-of the enrichment student under subsection (b). The petition must
1893-contain a written explanation stating why the department was
1894-incorrect in freezing the account under subsection (a). If the
1895-department does not receive a timely submitted petition from a
1896-parent of an enrichment student under this subsection, the
1897-department shall terminate the account.
1898-(d) The department shall review a petition received under
1899-subsection (c) within fifteen (15) business days of receipt of the
1900-petition and issue a redetermination letter to the parent of the
1901-enrichment student. If the department overturns the department's
1902-initial decision under subsection (a), the department shall
1903-immediately unfreeze the account. If the department affirms the
1904-decision under subsection (a), the department shall give notice of
1905-the affirmation to the parent of the enrichment student and
1906-terminate the account.
1907-Sec. 8. Distributions made to an account under section 2 of this
1908-chapter or money in the account may not be treated as income or
1909-a resource for purposes of qualifying for any other federal or state
1910-grant or program administered by the state or a political
1911-subdivision.
1912-Chapter 5. Participating Entities
1913-Sec. 1. (a) The following individuals, organizations, or entities
1914-may become a participating entity by submitting an application to
1915-the department in a manner prescribed by the department:
1916-(1) An organization or tutoring agency that provides private
1917-tutoring.
1918-(2) An organization or entity that provides services to a
1919-student with a disability in accordance with an individualized
1920-education program developed under IC 20-35 or a service
1921-plan developed under 511 IAC 7-34 or generally accepted
1922-standards of care prescribed by the enrichment student's
1923-treating physician.
1924-(3) An organization or entity that offers a course or program
1925-to an enrichment student.
1926-(4) An organization or entity that provides or offers a
1927-qualified expense.
1928-HEA 1251 — CC 1 46
1929-(5) Community based organizations.
1930-(6) Philanthropic organizations.
1931-(7) Institutions of higher education.
1932-(8) Prospective, current, and retired teachers.
1933-(b) Upon completion of services by a participating entity, the
1934-participating entity must provide the enrichment student's school
1935-with a summary of services performed by the participating entity
1936-for the enrichment student, including any assessment results or
1937-other information used to evaluate the enrichment student's
1938-progress to demonstrate that learning recovery has occurred.
1939-(c) The department may approve an application submitted
1940-under subsection (a) if the individual, organization, or entity meets
1941-the criteria to serve as a participating entity.
1942-(d) Each participating entity that accepts payments made from
1943-an account under this article shall provide a receipt to the parent
1944-of an enrichment student for each payment made.
1945-Sec. 2. (a) The department may refuse to allow a participating
1946-entity to continue participation in the program and revoke the
1947-participating entity's status as a participating entity if the
1948-department determines that the participating entity accepts
1949-payments made from an account under this article and:
1950-(1) has failed to provide any educational service required by
1951-state or federal law to an enrichment student receiving
1952-instruction from the participating entity; or
1953-(2) has routinely failed to meet the requirements of a
1954-participating entity under the program.
1955-(b) If the department revokes a participating entity's status as
1956-a participating entity in the program, the department shall provide
1957-notice of the revocation within thirty (30) days of the revocation to
1958-each parent of an enrichment student receiving instruction from
1959-the participating entity who has paid the participating entity from
1960-the enrichment student's account.
1961-(c) The department may permit a former participating entity
1962-described in subsection (a) to reapply with the department for
1963-authorization to be a participating entity on a date established by
1964-the department, which may not be earlier than one (1) year after
1965-the date on which the former participating entity's status as a
1966-participating entity was revoked under subsection (a). The
1967-department may establish reasonable criteria or requirements that
1968-the former participating entity must meet before being reapproved
1969-by the department as a participating entity.
1970-Sec. 3. An approved participating entity:
1971-HEA 1251 — CC 1 47
1972-(1) may not charge an enrichment student participating in the
1973-program an amount greater than a similarly situated student
1974-who is receiving the same or similar services; and
1975-(2) shall provide a receipt to a parent of an enrichment
1976-student for each qualified expense charged for education or
1977-related services provided to the enrichment student.
1978-Sec. 4. The department shall annually make available on the
1979-department's Internet web site a list of participating entities.
1980-Chapter 6. Rulemaking
1981-Sec. 1. The state board may adopt rules under IC 4-22-2,
1982-including emergency rules in the manner provided under
1983-IC 4-22-2-37.1, necessary to administer this article.
1984- Chapter 7. Expiration
1985-Sec. 1. This article expires July 1, 2025.
1986-SECTION 23. [EFFECTIVE UPON PASSAGE] (a) The Indiana
1987-state board of education shall amend rules under IAC 575 as
1988-necessary to comply with IC 20-18-2-1.7 and IC 20-27, as amended
1989-by this act.
1990-(b) This SECTION expires on June 30, 2023.
1991-SECTION 24. An emergency is declared for this act.
1992-HEA 1251 — CC 1 Speaker of the House of Representatives
1993-President of the Senate
1994-President Pro Tempore
1995-Governor of the State of Indiana
1996-Date: Time:
1997-HEA 1251 — CC 1
1009+in this subsection not later than June 1, 2024.".
1010+Page 15, delete lines 1 through 35.
1011+Page 16, line 1, delete "section" and insert "section 1(c) and".
1012+Renumber all SECTIONS consecutively.
1013+and when so amended that said bill do pass.
1014+(Reference is to HB 1251 as introduced.)
1015+BEHNING
1016+Committee Vote: yeas 10, nays 2.
1017+_____
1018+HOUSE MOTION
1019+Mr. Speaker: I move that House Bill 1251 be amended to read as
1020+follows:
1021+Page 5, line 19, delete "to establish and operate an" and insert "for
1022+assessment flexibility.".
1023+Page 5, delete line 20.
1024+Page 7, between lines 10 and 11, begin a new paragraph and insert:
1025+"SECTION 7. IC 20-27-8-1, AS AMENDED BY P.L.167-2018,
1026+SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1027+JULY 1, 2022]: Sec. 1. (a) An individual may not drive a school bus for
1028+the transportation of students or be employed as a school bus monitor
1029+unless the individual satisfies the following requirements:
1030+(1) Is of good moral character.
1031+(2) Does not use intoxicating liquor during school hours.
1032+(3) Does not use intoxicating liquor to excess at any time.
1033+(4) Is not addicted to any narcotic drug.
1034+EH 1251—LS 7066/DI 116 24
1035+(5) Is at least:
1036+(A) twenty-one (21) years of age for driving a school bus; or
1037+(B) eighteen (18) years of age for employment as a school bus
1038+monitor.
1039+(6) In the case of a school bus driver, holds a valid public
1040+passenger chauffeur's license or commercial driver's license
1041+issued by the state or any other state.
1042+(7) Possesses the following required physical characteristics:
1043+(A) Sufficient physical ability to be a school bus driver, as
1044+determined by the committee.
1045+(B) The full normal use of both hands, both arms, both feet,
1046+both legs, both eyes, and both ears.
1047+(C) Freedom from any communicable disease that:
1048+(i) may be transmitted through airborne or droplet means; or
1049+(ii) requires isolation of the infected person under 410
1050+IAC 1-2.3.
1051+(D) Freedom from any mental, nervous, organic, or functional
1052+disease that might impair the person's ability to properly
1053+operate a school bus.
1054+(E) This clause does not apply to a school bus monitor. Visual
1055+acuity, with or without glasses, of at least 20/40 in each eye
1056+equal to the vision requirements under 49 CFR 391.41 and
1057+a field of vision with one hundred fifty (150) degree minimum
1058+and with depth perception of at least eighty percent (80%) or
1059+forty-eight (48) seconds of arc or less angle of stereopsis.
1060+(b) This subsection applies to a school bus monitor.
1061+Notwithstanding subsection (a)(5)(B), a school corporation or school
1062+bus driver may not employ an individual who is less than twenty-one
1063+(21) years of age as a school bus monitor unless the school corporation
1064+or school bus driver does not receive a sufficient number of qualified
1065+applicants for employment as a school bus monitor who are at least
1066+twenty-one (21) years of age. A school corporation or school bus driver
1067+shall maintain a record of applicants, their ages, and their qualifications
1068+to show compliance with this subsection.".
1069+Renumber all SECTIONS consecutively.
1070+(Reference is to HB 1251 as printed January 24, 2022.)
1071+BEHNING
1072+EH 1251—LS 7066/DI 116 25
1073+COMMITTEE REPORT
1074+Madam President: The Senate Committee on Education and Career
1075+Development, to which was referred House Bill No. 1251, has had the
1076+same under consideration and begs leave to report the same back to the
1077+Senate with the recommendation that said bill be AMENDED as
1078+follows:
1079+Page 4, delete lines 21 through 42, begin a new paragraph and
1080+insert:
1081+"SECTION 3. IC 20-19-3-25 IS ADDED TO THE INDIANA CODE
1082+AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1083+1, 2022]: Sec. 25. (a) The department shall establish an online
1084+adjunct teacher portal on the department's Internet web site or
1085+incorporate into the teacher referral system developed under
1086+IC 20-20-3 a functionality to allow:
1087+(1) a school corporation to post a vacant adjunct teacher
1088+position; and
1089+(2) an individual to:
1090+(A) post a resume;
1091+(B) post any other information requested by the school
1092+corporation through the portal or system;
1093+(C) make inquiries to the school corporation through the
1094+portal or system; and
1095+(D) view information relating to adjunct teachers
1096+employed by a particular school corporation reported to
1097+the department in accordance with IC 20-28-5-27(g).
1098+(b) The department shall post the information received under
1099+IC 20-28-5-27(g) on the department's portal or teacher referral
1100+system described in subsection (a).".
1101+Page 5, delete lines 1 through 15.
1102+Page 5, between lines 26 and 27, begin a new line block indented
1103+and insert:
1104+"(3) A plan to implement the approved assessment changes in
1105+conjunction with the implementation of revised academic
1106+standards required under IC 20-31-3-1(d).".
1107+Page 10, delete lines 28 through 42, begin a new paragraph and
1108+insert:
1109+"SECTION 10. IC 20-28-5-27 IS ADDED TO THE INDIANA
1110+CODE AS A NEW SECTION TO READ AS FOLLOWS
1111+[EFFECTIVE JULY 1, 2022]: Sec. 27. (a) In an effort to fill a vacant
1112+teaching position, offer a new program or class, or supplement a
1113+program currently being offered, the governing body of a school
1114+corporation may issue an adjunct teacher permit to an individual
1115+EH 1251—LS 7066/DI 116 26
1116+if the following minimum requirements are met:
1117+(1) The individual has at least five (5) years of documented
1118+occupational experience in the content area in which the
1119+individual intends to teach.
1120+(2) The school corporation conducts an expanded criminal
1121+history check and expanded child protection index check
1122+concerning the individual as required under IC 20-26-5-10.
1123+(3) The individual has not been convicted of a felony listed in
1124+section 8(c) of this chapter or described in section 8(d) of this
1125+chapter or the individual's conviction has been reversed,
1126+vacated, or set aside on appeal.
1127+(4) If the permit is to be issued to an individual to teach
1128+kindergarten through grade 5, the individual must teach:
1129+(A) art;
1130+(B) science; or
1131+(C) music.
1132+However, the governing body may establish stricter requirements
1133+than the requirements prescribed by this subsection.
1134+(b) If a governing body of a school corporation issues an adjunct
1135+teacher permit to an individual under subsection (a):
1136+(1) the school corporation may enter into a contract for
1137+employment with the individual as a part-time teacher of the
1138+school corporation working not more than twenty (20) hours
1139+per week;
1140+(2) the individual must be assigned a teacher mentor for
1141+support in pedagogy; and
1142+(3) the individual must complete the following training within
1143+the first ninety (90) days of employment:
1144+(A) IC 20-26-5-34.2 (bullying prevention).
1145+(B) IC 20-28-3-4.5 (training on child abuse and neglect).
1146+(C) IC 20-28-3-6 (youth suicide awareness and prevention
1147+training).
1148+(D) IC 20-28-3-7 (training on human trafficking).
1149+(c) An adjunct teacher may not provide special education
1150+instruction.
1151+(d) The salary of an adjunct teacher under a contract described
1152+in IC 20-28-6-7.3 is not subject to the requirements under
1153+IC 20-28-9-1.5 or a local compensation plan established by a school
1154+corporation as described in IC 20-28-9-1.5. However, the school
1155+corporation may not pay an adjunct teacher an hourly rate that is
1156+more than the hourly rate that a school employer pays a first year
1157+teacher without holding a discussion as described in
1158+EH 1251—LS 7066/DI 116 27
1159+IC 20-29-6-7(16).
1160+(e) Except as otherwise provided in a collective bargaining
1161+agreement entered into or renewed before July 1, 2022, an
1162+employment contract entered into under this section is not subject
1163+to a collective bargaining agreement entered into under IC 20-29.
1164+(f) It is not an unfair practice for a school corporation to enter
1165+into an employment contract under this section.
1166+(g) Each school corporation that hires an adjunct teacher under
1167+this section shall report to the department the following
1168+information:
1169+(1) The number of adjunct teachers who hold a permit issued
1170+under this section that the school corporation has hired each
1171+school year, disaggregated by the grade level and subject area
1172+taught by the adjunct teacher.
1173+(2) The following information for each adjunct teacher
1174+described in subdivision (1):
1175+(A) The name of the adjunct teacher.
1176+(B) The subject matter the adjunct teacher is permitted to
1177+teach.
1178+(C) A description of the adjunct teacher's experience
1179+described in subsection (a)(1).
1180+(D) The adjunct teacher's total salary and any other
1181+compensation paid to the adjunct teacher during the school
1182+year.
1183+(E) The number of previous adjunct teaching contracts the
1184+adjunct teacher has entered into with the school
1185+corporation or any other school corporation.
1186+(h) A school corporation shall:
1187+(1) notify the parents of students enrolled in the school
1188+corporation of a vacant adjunct teacher position; and
1189+(2) post a vacant adjunct teacher position on the department's
1190+online adjunct teacher portal established under IC 20-19-3-25.
1191+(i) The governing body of a school corporation shall announce
1192+any vacant adjunct teacher positions at meetings of the governing
1193+body.".
1194+Page 11, delete lines 1 through 34.
1195+Page 12, delete lines 41 through 42, begin a new paragraph and
1196+insert:
1197+"SECTION 13. IC 20-28-6-7.3 IS ADDED TO THE INDIANA
1198+CODE AS A NEW SECTION TO READ AS FOLLOWS
1199+[EFFECTIVE JULY 1, 2022]: Sec. 7.3. (a) A contract entered into
1200+between a school corporation and an individual who holds an
1201+EH 1251—LS 7066/DI 116 28
1202+adjunct teacher permit issued by the governing body of a school
1203+corporation under IC 20-28-5-27 must:
1204+(1) be in writing;
1205+(2) be signed by both parties; and
1206+(3) contain the following:
1207+(A) The total salary to be paid to the adjunct teacher.
1208+(B) The method and frequency of salary payments.
1209+(C) The number of classes the adjunct teacher is to teach.
1210+(D) The classes and subject matter areas that the adjunct
1211+teacher will be teaching.
1212+(E) An expiration date that is not later than the end of the
1213+school year.
1214+(b) An adjunct teacher may enter into contracts with more than
1215+one (1) school corporation.".
1216+Page 13, delete lines 1 through 17.
1217+Page 16, line 6, delete "An employment agreement" and insert "A
1218+contract".
1219+Page 17, delete lines 9 through 10, begin a new line block indented
1220+and insert:
1221+"(16) The hourly pay rate of an adjunct teacher if the school
1222+employer intends to pay the adjunct teacher an hourly rate
1223+that is more than the hourly rate that the school employer
1224+pays a first year teacher.".
1225+Renumber all SECTIONS consecutively.
1226+and when so amended that said bill do pass.
1227+(Reference is to HB 1251 as reprinted January 28, 2022.)
1228+RAATZ, Chairperson
1229+Committee Vote: Yeas 8, Nays 3.
1230+EH 1251—LS 7066/DI 116