Introduced Version
SENATE BILL No. 83
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-14; IC 20-29-6.
Synopsis: Meetings of school boards and charter schools. Requires the
governing body of a school corporation or charter school (governing
body) to allow public comment at meetings. Allows a governing body
to conduct an electronic meeting (other than an executive session) only
in the following circumstances: (1) The charter school or school within
the school corporation is closed because of an outbreak of
communicable disease not more than five days before the meeting. (2)
The school or schools have not reopened for in-person classroom
instruction. (3) Public comment is allowed during the meeting.
(Current law allows a governing body to conduct an electronic meeting
if: (1) at least 50% of the members are physically present; or (2) a state
or local disaster emergency is declared.)
Effective: July 1, 2022.
Leising
January 4, 2022, read first time and referred to Committee on Education and Career
Development.
2022 IN 83—LS 6343/DI 87 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 83
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-3, AS AMENDED BY P.L.134-2012,
2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 3. (a) Except as provided in section 6.1 of this
4 chapter, all meetings of the governing bodies of public agencies must
5 be open at all times for the purpose of permitting members of the
6 public to:
7 (1) observe and record them; and
8 (2) in the case of the governing body of a school corporation
9 or charter school, provide public comment.
10 (b) A secret ballot vote may not be taken at a meeting.
11 (c) A meeting conducted in compliance with section 3.5 or 3.6 of
12 this chapter or any other statute that authorizes a governing body to
13 conduct a meeting using an electronic means of communication does
14 not violate this section.
15 SECTION 2. IC 5-14-3-3.9 IS ADDED TO THE INDIANA CODE
16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
17 1, 2022]: Sec. 3.9. (a) This section applies only to a meeting:
2022 IN 83—LS 6343/DI 87 2
1 (1) of the governing body of:
2 (A) a school corporation; or
3 (B) a charter school; and
4 (2) that is not an executive session.
5 (b) Notwithstanding any other law, a governing body of a school
6 corporation may conduct a meeting by means of electronic
7 communication under IC 5-14-1.5-3.5 or IC 5-14-1.5-3.7, only if all
8 of the following requirements are satisfied:
9 (1) Not more than five (5) days before the date of the meeting,
10 one (1) or more schools within the school corporation are
11 closed because of an outbreak of influenza, severe acute
12 respiratory syndrome (SARS), including coronavirus disease
13 (COVID-19), or any other communicable disease.
14 (2) As of the meeting date, the school or schools have not
15 reopened to conduct in-person classroom instruction for
16 students.
17 (3) Members of the public are allowed to provide public
18 comment during the meeting.
19 (c) Notwithstanding any other law, a governing body of a
20 charter school may conduct a meeting by means of electronic
21 communication under IC 5-14-1.5-3.6 or IC 5-14-1.5-3.7, only if all
22 of the following requirements are satisfied:
23 (1) Not more than five (5) days before the date of the meeting,
24 the charter school is closed because of an outbreak of
25 influenza, severe acute respiratory syndrome (SARS),
26 including coronavirus disease (COVID-19), or any other
27 communicable disease.
28 (2) As of the meeting date, the charter school has not
29 reopened to conduct in-person classroom instruction for
30 students.
31 (3) Members of the public are allowed to provide public
32 comment during the meeting.
33 SECTION 3. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
34 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2022]: Sec. 1. (a) School employers and school employees
36 shall:
37 (1) have the obligation and the right to bargain collectively the
38 items set forth in section 4 of this chapter;
39 (2) have the right and obligation to discuss any item set forth in
40 section 7 of this chapter; and
41 (3) enter into a contract embodying any of the matters listed in
42 section 4 of this chapter on which they have bargained
2022 IN 83—LS 6343/DI 87 3
1 collectively.
2 (b) Notwithstanding any other law, before a school employer and
3 school employees may privately negotiate the matters described in
4 subsection (a)(1) during the time period for formal collective
5 bargaining established in section 12 of this chapter, the parties must
6 hold at least one (1) public hearing and take public testimony to discuss
7 the items described in subsection (a). A school employer may allow
8 governing body members or the public to participate in a public
9 hearing under this subsection by means of electronic communication
10 only if the requirements in IC 5-14-3-3.9 are satisfied.
11 SECTION 4. IC 20-29-6-19, AS AMENDED BY P.L.216-2021,
12 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2022]: Sec. 19. (a) In addition to holding at least one (1)
14 public hearing with public testimony as described in section 1(b) of this
15 chapter, the school employer must conduct a public meeting to discuss
16 a tentative collective bargaining agreement at least seventy-two (72)
17 hours before it is ratified by the school employer. A school employer
18 may allow governing body members or the public to participate in a
19 public meeting under this section by means of electronic
20 communication only if the requirements in IC 5-14-3-3.9 are
21 satisfied.
22 (b) Notice of the time and the location of the public meeting and a
23 tentative collective bargaining agreement established under this chapter
24 must be posted on the school employer's Internet web site at least
25 seventy-two (72) hours prior to the public meeting described in
26 subsection (a).
27 (c) A school employer must allow for public comment at the
28 meeting at which a tentative collective bargaining agreement is ratified.
29 (d) Not later than fourteen (14) business days after the parties have
30 reached an agreement under this chapter, the school employer shall
31 post the contract upon which the parties have agreed on the school
32 employer's Internet web site.
2022 IN 83—LS 6343/DI 87