*SB0083.1*
January 28, 2022
SENATE BILL No. 83
_____
DIGEST OF SB 83 (Updated January 26, 2022 7:41 pm - DI 110)
Citations Affected: IC 5-14; IC 20-29.
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, Walker K
January 4, 2022, read first time and referred to Committee on Education and Career
Development.
January 27, 2022, amended, reported favorably — Do Pass.
SB 83—LS 6343/DI 87 January 28, 2022
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
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 5-14-1.5-3.9 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2022]: Sec. 3.9. (a) This section applies only
SB 83—LS 6343/DI 87 2
1 to a meeting:
2 (1) of the governing body of:
3 (A) a school corporation; or
4 (B) a charter school; and
5 (2) that is not an executive session.
6 (b) Notwithstanding any other law, a governing body of a school
7 corporation may conduct a meeting by means of electronic
8 communication under IC 5-14-1.5-3.5 or IC 5-14-1.5-3.7, only if all
9 of the following requirements are satisfied:
10 (1) Not more than five (5) days before the date of the meeting,
11 one (1) or more schools within the school corporation are
12 closed because of an outbreak of influenza, severe acute
13 respiratory syndrome (SARS), including coronavirus disease
14 (COVID-19), or any other communicable disease.
15 (2) As of the meeting date, the school or schools have not
16 reopened to conduct in-person classroom instruction for
17 students.
18 (3) Members of the public are allowed to provide public
19 comment during the meeting.
20 (c) Notwithstanding any other law, a governing body of a
21 charter school may conduct a meeting by means of electronic
22 communication under IC 5-14-1.5-3.6 or IC 5-14-1.5-3.7, only if all
23 of the following requirements are satisfied:
24 (1) Not more than five (5) days before the date of the meeting,
25 the charter school is closed because of an outbreak of
26 influenza, severe acute respiratory syndrome (SARS),
27 including coronavirus disease (COVID-19), or any other
28 communicable disease.
29 (2) As of the meeting date, the charter school has not
30 reopened to conduct in-person classroom instruction for
31 students.
32 (3) Members of the public are allowed to provide public
33 comment during the meeting.
34 SECTION 3. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
35 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2022]: Sec. 1. (a) School employers and school employees
37 shall:
38 (1) have the obligation and the right to bargain collectively the
39 items set forth in section 4 of this chapter;
40 (2) have the right and obligation to discuss any item set forth in
41 section 7 of this chapter; and
42 (3) enter into a contract embodying any of the matters listed in
SB 83—LS 6343/DI 87 3
1 section 4 of this chapter on which they have bargained
2 collectively.
3 (b) Notwithstanding any other law, before a school employer and
4 school employees may privately negotiate the matters described in
5 subsection (a)(1) during the time period for formal collective
6 bargaining established in section 12 of this chapter, the parties must
7 hold at least one (1) public hearing and take public testimony to discuss
8 the items described in subsection (a). A school employer may allow
9 governing body members or the public to participate in a public
10 hearing under this subsection by means of electronic communication
11 only if the requirements in IC 5-14-1.5-3.9 are satisfied.
12 SECTION 4. IC 20-29-6-19, AS AMENDED BY P.L.216-2021,
13 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2022]: Sec. 19. (a) In addition to holding at least one (1)
15 public hearing with public testimony as described in section 1(b) of this
16 chapter, the school employer must conduct a public meeting to discuss
17 a tentative collective bargaining agreement at least seventy-two (72)
18 hours before it is ratified by the school employer. A school employer
19 may allow governing body members or the public to participate in a
20 public meeting under this section by means of electronic
21 communication only if the requirements in IC 5-14-1.5-3.9 are
22 satisfied.
23 (b) Notice of the time and the location of the public meeting and a
24 tentative collective bargaining agreement established under this chapter
25 must be posted on the school employer's Internet web site at least
26 seventy-two (72) hours prior to the public meeting described in
27 subsection (a).
28 (c) A school employer must allow for public comment at the
29 meeting at which a tentative collective bargaining agreement is ratified.
30 (d) Not later than fourteen (14) business days after the parties have
31 reached an agreement under this chapter, the school employer shall
32 post the contract upon which the parties have agreed on the school
33 employer's Internet web site.
SB 83—LS 6343/DI 87 4
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 83, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 1, line 15, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
Page 3, line 10, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
Page 3, line 20, delete "IC 5-14-3-3.9" and insert "IC 5-14-1.5-3.9".
and when so amended that said bill do pass.
(Reference is to SB 83 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 8, Nays 4.
SB 83—LS 6343/DI 87