Indiana 2022 Regular Session

Indiana Senate Bill SB0356 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0356.1
	2	+	February 21, 2022
	3	+	ENGROSSED
	4	+	SENATE BILL No. 356
	5	+	_____
	6	+	DIGEST OF SB 356 (Updated February 21, 2022 11:43 am - DI 116)
	7	+	Citations Affected: IC 20-28; IC 20-31.
	8	+	Synopsis: Education matters. Makes changes to the requirements
	9	+	necessary to obtain an initial practitioner license for an individual who
	10	+	completes an alternative teacher certification program and changes
	11	+	regarding teaching special education under the license. Provides that,
	12	+	for school years beginning after June 30, 2022, a school corporation
	13	+	may provide a supplemental payment to a teacher in excess of the
	14	+	salary specified in the school corporation's compensation plan. (Current
	15	+	(Continued next page)
	16	+	Effective: Upon passage; July 1, 2022.
	17	+	Rogers, Buchanan, Raatz, Brown L,
	18	+	Gaskill, Donato, Bassler, Boots,
	19	+	Kruse, Doriot, Crane, Perfect, Sandlin,
	20	+	Holdman, Zay, Walker G
	21	+	(HOUSE SPONSORS — BEHNING, GOODRICH, TESHKA)
	22	+	January 11, 2022, read first time and referred to Committee on Education and Career
	23	+	Development.
	24	+	January 27, 2022, amended, reported favorably — Do Pass.
	25	+	January 31, 2022, read second time, amended, ordered engrossed.
	26	+	February 1, 2022, engrossed. Read third time, passed. Yeas 31, nays 18.
	27	+	HOUSE ACTION
	28	+	February 8, 2022, read first time and referred to Committee on Education.
	29	+	February 21, 2022, amended, reported — Do Pass.
	30	+	ES 356—LS 6711/DI 116 Digest Continued
	31	+	law allows a school corporation to provide supplemental payment to a
	32	+	teacher in excess of the salary specified in the school corporation's
	33	+	compensation plan if certain circumstances apply.) Requires that, if the
	34	+	state board of education grants the designation of a transformation zone
	35	+	within a school corporation after June 30, 2022, the governing body of
	36	+	the school corporation may enter into an agreement with a nonprofit
	37	+	organization to manage and operate all of the schools included in the
	38	+	transformation zone. Provides that the governing body of a school
	39	+	corporation or entity that is a party to any agreement for the
	40	+	management and operation of a transformation zone may submit a
	41	+	complaint to the department of education (department) on a form
	42	+	established by the department for an alleged violation of the agreement.
	43	+	Provides that, not later than 30 days after the date a governing body or
	44	+	entity submits a complaint, the department shall issue a decision
	45	+	concerning the complaint. Provides that employees of a transformation
	46	+	zone may organize and create a separate bargaining unit to collectively
	47	+	bargain with the entity operating the transformation zone.
	48	+	ES 356—LS 6711/DI 116ES 356—LS 6711/DI 116 February 21, 2022
1	49		Second Regular Session of the 122nd General Assembly (2022)
2	50		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	51		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	52		additions will appear in this style type, and deletions will appear in this style type.
5	53		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	54		provision adopted), the text of the new provision will appear in this style type. Also, the
7	55		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	56		a new provision to the Indiana Code or the Indiana Constitution.
9	57		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	58		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 356
12		-	AN ACT to amend the Indiana Code concerning education.
	59	+	ENGROSSED
	60	+	SENATE BILL No. 356
	61	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	62	+	education.
13	63		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 20-28-5-12.5, AS ADDED BY P.L.96-2021,
15		-	SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16		-	UPON PASSAGE]: Sec. 12.5. (a) The department shall grant an initial
17		-	practitioner license to an individual who:
18		-	(1) is at least twenty-six (26) years of age;
19		-	(2) (1) possesses a bachelor's degree from an accredited
20		-	postsecondary four (4) year institution;
21		-	(3) (2) successfully completes an alternative teacher certification
22		-	program that includes:
23		-	(A) the required content training in the area in which the
24		-	individual seeks to be licensed;
25		-	(B) pedagogy training and an examination that is in
26		-	substantive alignment with nationally recognized pedagogical
27		-	standards and teaches effective:
28		-	(i) instructional delivery;
29		-	(ii) classroom management and organization;
30		-	(iii) assessment;
31		-	(iv) instructional design; and
32		-	(v) professional learning and leadership;
33		-	(C) successful demonstration of content area proficiency in an
34		-	SEA 356 — CC 1 2
35		-	examination that includes content area material in substantive
36		-	alignment with nationally recognized content area standards in
37		-	the areas that the individual is required to have a license to
38		-	teach;
39		-	(D) verification from a third party that regularly reviews
40		-	educational and professional examinations that the alternative
41		-	certification examination is equal to or greater in rigor than the
42		-	written examination under section 12 of this chapter; and
43		-	(E) content within the curriculum that prepares teacher
44		-	candidates to use evidence based trauma informed classroom
45		-	instruction, including instruction in evidence based social
46		-	emotional learning classroom practices that are conducive to
47		-	supporting students who have experienced trauma that may
48		-	interfere with a student's academic functioning;
49		-	(4) (3) successfully completes a Praxis Subject Assessment;
50		-	(5) (4) holds a valid cardiopulmonary resuscitation certification
51		-	from a provider approved by the department; and
52		-	(6) (5) has attended youth suicide awareness and prevention
53		-	training.
54		-	(b) The individual must complete a one (1) year clinical practical
55		-	experience program during the individual's first year in the classroom
56		-	when the individual is employed as a full-time teacher. The provider
57		-	must:
58		-	(1) provide the clinical practical experience program at no cost
59		-	to the state or to the school corporation, charter school, or state
60		-	accredited nonpublic school; and
61		-	(2) as part of the clinical practical instruction program, provide
62		-	instruction in:
63		-	(A) instructional design and planning;
64		-	(B) effective instructional delivery;
65		-	(C) classroom management and organization;
66		-	(D) effective use of assessment data;
67		-	(E) content in federal and Indiana special education laws; and
68		-	(F) required awareness, preparation, and understanding of:
69		-	(i) individualized education programs;
70		-	(ii) service plans developed under 511 IAC 7-34;
71		-	(iii) choice special education plans developed under 511
72		-	IAC 7-49; and
73		-	(iv) plans developed under Section 504 of the federal
74		-	Rehabilitation Act of 1973, 29 U.S.C. 794.
75		-	(c) An in-state alternative teacher certification program under
76		-	subsection (a)(3) (a)(2) must operate in accordance with the procedures
77		-	SEA 356 — CC 1 3
78		-	and program approval standards and requirements set by the
79		-	department and the state board for teacher education programs for the
80		-	licensure of teachers.
81		-	(d) An out-of-state alternative teacher certification program under
82		-	subsection (a)(3) (a)(2) must:
83		-	(1) currently operate in at least five (5) states; and
84		-	(2) have operated an alternative teacher certification program for
85		-	at least ten (10) years.
86		-	(e) An individual who receives an alternative teacher certification
87		-	under subsection (a)(3) (a)(2) is authorized to teach the subject and
88		-	educational level that the individual has successfully completed.
89		-	(f) An individual who receives an initial practitioner license under
90		-	this section shall be treated in the same manner as an individual who
91		-	receives an initial practitioner license after completing a traditional
92		-	teacher preparation program.
93		-	(g) An individual who graduates from an alternative teacher
94		-	certification program must be treated in the same manner as a
95		-	traditional teacher preparation program graduate during the transition
96		-	from an initial practitioner license to a practitioner license.
97		-	(h) An individual who receives an initial practitioner license under
98		-	this section may not teach a special education course or be a teacher of
99		-	record for a special education student for the period the individual
100		-	maintains a license under this section unless the individual is at least
101		-	twenty-six (26) years of age and employed in a school setting or
102		-	with another community organization, including a for-profit or
103		-	nonprofit organization, to provide care or instruction for a student
104		-	with a physical, intellectual, or developmental disability. However,
105		-	an individual who receives an initial practitioner license under this
106		-	section may not be a teacher of record for a special education
107		-	student for the period the individual maintains the initial
108		-	practitioner license.
109		-	(i) A school corporation, charter school, or state accredited
110		-	nonpublic school shall submit a plan to the department if the school
111		-	corporation, charter school, or state accredited nonpublic school hires
112		-	one (1) or more individuals who have received an initial practitioner
113		-	license under this section. The plan must be submitted in a manner
114		-	prescribed by the department and must include a description of how the
115		-	school corporation, charter school, or state accredited nonpublic school
116		-	will, excluding the clinical practical experience program described in
117		-	subsection (b), provide an individual who receives an initial
118		-	practitioner license under this section opportunities to obtain exposure
119		-	to classroom management and instructional techniques, including
120		-	SEA 356 — CC 1 4
121		-	meaningful exposure to special education. The plan is a public record.
122		-	(j) Not later than July 1, 2024, the department shall prepare a report
123		-	that shall be submitted to the general assembly in an electronic format
124		-	under IC 5-14-6. The report must contain the following information:
125		-	(1) Data showing how many teachers obtained an initial
126		-	practitioner license under this section.
127		-	(2) A description of the number of teachers who received an
128		-	initial practitioner license under this section who are currently
129		-	employed as a teacher by each:
130		-	(A) school corporation;
131		-	(B) charter school; or
132		-	(C) state accredited nonpublic school.
133		-	The description must include a breakdown of the subjects taught
134		-	by teachers who receive an initial practitioner license under this
135		-	section.
136		-	(3) A comparison of the Praxis Subject Assessment pass rates for
137		-	individuals who receive an initial practitioner license under this
138		-	section in comparison with the Praxis Subject Assessment pass
139		-	rates for teachers who obtained an initial practitioner license
140		-	using a different pathway to licensure.
141		-	(4) A description of how many teachers who received an initial
142		-	practitioner license under this section are rated as effective or
143		-	highly effective.
144		-	SECTION 2. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
145		-	SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
146		-	JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
147		-	for a teacher employed by a school corporation. Compensation
148		-	attributable to additional degrees or graduate credits earned before the
149		-	effective date of a local compensation plan created under this chapter
150		-	before July 1, 2015, shall continue for school years beginning after
151		-	June 30, 2015. Compensation attributable to additional degrees for
152		-	which a teacher has started course work before July 1, 2011, and
153		-	completed course work before September 2, 2014, shall also continue
154		-	for school years beginning after June 30, 2015. For school years
155		-	beginning after June 30, 2015, 2022, a school corporation may provide
156		-	a supplemental payment to a teacher in excess of the salary specified
157		-	in the school corporation's compensation plan. under any of the
158		-	following circumstances:
159		-	(1) The teacher:
160		-	(A) teaches an advanced placement course or a Cambridge
161		-	International course; or
162		-	(B) has earned a master's degree from an accredited
163		-	SEA 356 — CC 1 5
164		-	postsecondary educational institution in a content area directly
165		-	related to the subject matter of:
166		-	(i) a dual credit course; or
167		-	(ii) another course;
168		-	taught by the teacher.
169		-	(2) Beginning after June 30, 2018, the teacher:
170		-	(A) is a special education professional; or
171		-	(B) teaches in the areas of science, technology, engineering, or
172		-	mathematics.
173		-	(3) Beginning after June 30, 2019, the teacher teaches a career or
174		-	technical education course.
175		-	In addition, a supplemental payment may be made to an elementary
176		-	school teacher who earns a master's degree in math, reading, or
177		-	literacy. A supplement provided under this subsection is not subject to
178		-	collective bargaining but a discussion of the supplement must be held.
179		-	Such a supplement is in addition to any increase permitted under
180		-	subsection (b).
181		-	(b) Increases or increments in a local salary range must be based
182		-	upon a combination of the following factors:
183		-	(1) A combination of the following factors taken together may
184		-	account for not more than fifty percent (50%) of the calculation
185		-	used to determine a teacher's increase or increment:
186		-	(A) The number of years of a teacher's experience.
187		-	(B) The possession of either:
188		-	(i) additional content area degrees beyond the requirements
189		-	for employment; or
190		-	(ii) additional content area degrees and credit hours beyond
191		-	the requirements for employment, if required under an
192		-	agreement bargained under IC 20-29.
193		-	(2) The results of an evaluation conducted under IC 20-28-11.5.
194		-	(3) The assignment of instructional leadership roles, including the
195		-	responsibility for conducting evaluations under IC 20-28-11.5.
196		-	(4) The academic needs of students in the school corporation.
197		-	(c) To provide greater flexibility and options, a school corporation
198		-	may differentiate the amount of salary increases or increments
199		-	determined for teachers. A school corporation shall base a
200		-	differentiated amount under this subsection on reasons the school
201		-	corporation determines are appropriate, which may include the:
202		-	(1) subject or subjects including the subjects described in
203		-	subsection (a)(2), taught by a given teacher;
204		-	(2) importance of retaining a given teacher at the school
205		-	corporation; and
206		-	SEA 356 — CC 1 6
207		-	(3) need to attract an individual with specific qualifications to fill
208		-	a teaching vacancy; and
209		-	(4) offering of a new program or class.
210		-	(d) A school corporation may provide differentiated increases or
211		-	increments under subsection (b), and in excess of the percentage
212		-	specified in subsection (b)(1), in order to:
213		-	(1) reduce the gap between the school corporation's minimum
214		-	teacher salary and the average of the school corporation's
215		-	minimum and maximum teacher salaries; or
216		-	(2) allow teachers currently employed by the school corporation
217		-	to receive a salary adjusted in comparison to starting base salaries
218		-	of new teachers.
219		-	(e) Except as provided in subsection (f), a teacher rated ineffective
220		-	or improvement necessary under IC 20-28-11.5 may not receive any
221		-	raise or increment for the following year if the teacher's employment
222		-	contract is continued. The amount that would otherwise have been
223		-	allocated for the salary increase of teachers rated ineffective or
224		-	improvement necessary shall be allocated for compensation of all
225		-	teachers rated effective and highly effective based on the criteria in
226		-	subsection (b).
227		-	(f) Subsection (e) does not apply to a teacher in the first two (2) full
228		-	school years that the teacher provides instruction to students in
229		-	elementary school or high school. If a teacher provides instruction to
230		-	students in elementary school or high school in another state, any full
231		-	school year, or its equivalent in the other state, that the teacher provides
232		-	instruction counts toward the two (2) full school years under this
233		-	subsection.
234		-	(g) A teacher who does not receive a raise or increment under
235		-	subsection (e) may file a request with the superintendent or
236		-	superintendent's designee not later than five (5) days after receiving
237		-	notice that the teacher received a rating of ineffective. The teacher is
238		-	entitled to a private conference with the superintendent or
239		-	superintendent's designee.
240		-	(h) The Indiana education employment relations board established
241		-	in IC 20-29-3-1 shall publish a model compensation plan with a model
242		-	salary range that a school corporation may adopt.
243		-	(i) Each school corporation shall submit its local compensation plan
244		-	to the Indiana education employment relations board. For a school year
245		-	beginning after June 30, 2015, a local compensation plan must specify
246		-	the range for teacher salaries. The Indiana education employment
247		-	relations board shall publish the local compensation plans on the
248		-	Indiana education employment relations board's Internet web site.
249		-	SEA 356 — CC 1 7
250		-	(j) The Indiana education employment relations board shall review
251		-	a compensation plan for compliance with this section as part of its
252		-	review under IC 20-29-6-6.1. The Indiana education employment
253		-	relations board has jurisdiction to determine compliance of a
254		-	compensation plan submitted under this section.
255		-	(k) This chapter may not be construed to require or allow a school
256		-	corporation to decrease the salary of any teacher below the salary the
257		-	teacher was earning on or before July 1, 2015, if that decrease would
258		-	be made solely to conform to the new compensation plan.
259		-	(l) After June 30, 2011, all rights, duties, or obligations established
260		-	under IC 20-28-9-1 before its repeal are considered rights, duties, or
261		-	obligations under this section.
262		-	SECTION 3. An emergency is declared for this act.
263		-	SEA 356 — CC 1 President of the Senate
264		-	President Pro Tempore
265		-	Speaker of the House of Representatives
266		-	Governor of the State of Indiana
267		-	Date: Time:
268		-	SEA 356 — CC 1
	64	+	1 SECTION 1. IC 20-28-5-12.5, AS ADDED BY P.L.96-2021,
	65	+	2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	66	+	3 UPON PASSAGE]: Sec. 12.5. (a) The department shall grant an initial
	67	+	4 practitioner license to an individual who:
	68	+	5 (1) is at least twenty-six (26) years of age;
	69	+	6 (2) (1) possesses a bachelor's degree from an accredited
	70	+	7 postsecondary four (4) year institution;
	71	+	8 (3) (2) successfully completes an alternative teacher certification
	72	+	9 program that includes:
	73	+	10 (A) the required content training in the area in which the
	74	+	11 individual seeks to be licensed;
	75	+	12 (B) pedagogy training and an examination that is in
	76	+	13 substantive alignment with nationally recognized pedagogical
	77	+	14 standards and teaches effective:
	78	+	15 (i) instructional delivery;
	79	+	ES 356—LS 6711/DI 116 2
	80	+	1 (ii) classroom management and organization;
	81	+	2 (iii) assessment;
	82	+	3 (iv) instructional design; and
	83	+	4 (v) professional learning and leadership;
	84	+	5 (C) successful demonstration of content area proficiency in an
	85	+	6 examination that includes content area material in substantive
	86	+	7 alignment with nationally recognized content area standards in
	87	+	8 the areas that the individual is required to have a license to
	88	+	9 teach;
	89	+	10 (D) verification from a third party that regularly reviews
	90	+	11 educational and professional examinations that the alternative
	91	+	12 certification examination is equal to or greater in rigor than the
	92	+	13 written examination under section 12 of this chapter; and
	93	+	14 (E) content within the curriculum that prepares teacher
	94	+	15 candidates to use evidence based trauma informed classroom
	95	+	16 instruction, including instruction in evidence based social
	96	+	17 emotional learning classroom practices that are conducive to
	97	+	18 supporting students who have experienced trauma that may
	98	+	19 interfere with a student's academic functioning;
	99	+	20 (4) (3) successfully completes a Praxis Subject Assessment;
	100	+	21 (5) (4) holds a valid cardiopulmonary resuscitation certification
	101	+	22 from a provider approved by the department; and
	102	+	23 (6) (5) has attended youth suicide awareness and prevention
	103	+	24 training.
	104	+	25 (b) The individual must complete a one (1) year clinical practical
	105	+	26 experience program during the individual's first year in the classroom
	106	+	27 when the individual is employed as a full-time teacher. The provider
	107	+	28 must:
	108	+	29 (1) provide the clinical practical experience program at no cost
	109	+	30 to the state or to the school corporation, charter school, or state
	110	+	31 accredited nonpublic school; and
	111	+	32 (2) as part of the clinical practical instruction program, provide
	112	+	33 instruction in:
	113	+	34 (A) instructional design and planning;
	114	+	35 (B) effective instructional delivery;
	115	+	36 (C) classroom management and organization;
	116	+	37 (D) effective use of assessment data;
	117	+	38 (E) content in federal and Indiana special education laws; and
	118	+	39 (F) required awareness, preparation, and understanding of:
	119	+	40 (i) individualized education programs;
	120	+	41 (ii) service plans developed under 511 IAC 7-34;
	121	+	42 (iii) choice special education plans developed under 511
	122	+	ES 356—LS 6711/DI 116 3
	123	+	1 IAC 7-49; and
	124	+	2 (iv) plans developed under Section 504 of the federal
	125	+	3 Rehabilitation Act of 1973, 29 U.S.C. 794.
	126	+	4 (c) An in-state alternative teacher certification program under
	127	+	5 subsection (a)(3) (a)(2) must operate in accordance with the procedures
	128	+	6 and program approval standards and requirements set by the
	129	+	7 department and the state board for teacher education programs for the
	130	+	8 licensure of teachers.
	131	+	9 (d) An out-of-state alternative teacher certification program under
	132	+	10 subsection (a)(3) (a)(2) must:
	133	+	11 (1) currently operate in at least five (5) states; and
	134	+	12 (2) have operated an alternative teacher certification program for
	135	+	13 at least ten (10) years.
	136	+	14 (e) An individual who receives an alternative teacher certification
	137	+	15 under subsection (a)(3) (a)(2) is authorized to teach the subject and
	138	+	16 educational level that the individual has successfully completed.
	139	+	17 (f) An individual who receives an initial practitioner license under
	140	+	18 this section shall be treated in the same manner as an individual who
	141	+	19 receives an initial practitioner license after completing a traditional
	142	+	20 teacher preparation program.
	143	+	21 (g) An individual who graduates from an alternative teacher
	144	+	22 certification program must be treated in the same manner as a
	145	+	23 traditional teacher preparation program graduate during the transition
	146	+	24 from an initial practitioner license to a practitioner license.
	147	+	25 (h) An individual who receives an initial practitioner license under
	148	+	26 this section may not teach a special education course or be a teacher of
	149	+	27 record for a special education student for the period the individual
	150	+	28 maintains a license under this section unless the individual is at least
	151	+	29 twenty-six (26) years of age and employed in a school setting or
	152	+	30 with an other community organization, including a for-profit or
	153	+	31 nonprofit organization, to provide care or instruction for a student
	154	+	32 with a physical, intellectual, or developmental disability. However,
	155	+	33 an individual who receives an initial practitioner license under this
	156	+	34 section may not be a teacher of record for a special education
	157	+	35 student for the period the individual maintains a license under this
	158	+	36 section.
	159	+	37 (i) A school corporation, charter school, or state accredited
	160	+	38 nonpublic school shall submit a plan to the department if the school
	161	+	39 corporation, charter school, or state accredited nonpublic school hires
	162	+	40 one (1) or more individuals who have received an initial practitioner
	163	+	41 license under this section. The plan must be submitted in a manner
	164	+	42 prescribed by the department and must include a description of how the
	165	+	ES 356—LS 6711/DI 116 4
	166	+	1 school corporation, charter school, or state accredited nonpublic school
	167	+	2 will, excluding the clinical practical experience program described in
	168	+	3 subsection (b), provide an individual who receives an initial
	169	+	4 practitioner license under this section opportunities to obtain exposure
	170	+	5 to classroom management and instructional techniques, including
	171	+	6 meaningful exposure to special education. The plan is a public record.
	172	+	7 (j) Not later than July 1, 2024, the department shall prepare a report
	173	+	8 that shall be submitted to the general assembly in an electronic format
	174	+	9 under IC 5-14-6. The report must contain the following information:
	175	+	10 (1) Data showing how many teachers obtained an initial
	176	+	11 practitioner license under this section.
	177	+	12 (2) A description of the number of teachers who received an
	178	+	13 initial practitioner license under this section who are currently
	179	+	14 employed as a teacher by each:
	180	+	15 (A) school corporation;
	181	+	16 (B) charter school; or
	182	+	17 (C) state accredited nonpublic school.
	183	+	18 The description must include a breakdown of the subjects taught
	184	+	19 by teachers who receive an initial practitioner license under this
	185	+	20 section.
	186	+	21 (3) A comparison of the Praxis Subject Assessment pass rates for
	187	+	22 individuals who receive an initial practitioner license under this
	188	+	23 section in comparison with the Praxis Subject Assessment pass
	189	+	24 rates for teachers who obtained an initial practitioner license
	190	+	25 using a different pathway to licensure.
	191	+	26 (4) A description of how many teachers who received an initial
	192	+	27 practitioner license under this section are rated as effective or
	193	+	28 highly effective.
	194	+	29 SECTION 2. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
	195	+	30 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	196	+	31 JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
	197	+	32 for a teacher employed by a school corporation. Compensation
	198	+	33 attributable to additional degrees or graduate credits earned before the
	199	+	34 effective date of a local compensation plan created under this chapter
	200	+	35 before July 1, 2015, shall continue for school years beginning after
	201	+	36 June 30, 2015. Compensation attributable to additional degrees for
	202	+	37 which a teacher has started course work before July 1, 2011, and
	203	+	38 completed course work before September 2, 2014, shall also continue
	204	+	39 for school years beginning after June 30, 2015. For school years
	205	+	40 beginning after June 30, 2015, 2022, a school corporation may provide
	206	+	41 a supplemental payment to a teacher in excess of the salary specified
	207	+	42 in the school corporation's compensation plan. under any of the
	208	+	ES 356—LS 6711/DI 116 5
	209	+	1 following circumstances:
	210	+	2 (1) The teacher:
	211	+	3 (A) teaches an advanced placement course or a Cambridge
	212	+	4 International course; or
	213	+	5 (B) has earned a master's degree from an accredited
	214	+	6 postsecondary educational institution in a content area directly
	215	+	7 related to the subject matter of:
	216	+	8 (i) a dual credit course; or
	217	+	9 (ii) another course;
	218	+	10 taught by the teacher.
	219	+	11 (2) Beginning after June 30, 2018, the teacher:
	220	+	12 (A) is a special education professional; or
	221	+	13 (B) teaches in the areas of science, technology, engineering, or
	222	+	14 mathematics.
	223	+	15 (3) Beginning after June 30, 2019, the teacher teaches a career or
	224	+	16 technical education course.
	225	+	17 In addition, a supplemental payment may be made to an elementary
	226	+	18 school teacher who earns a master's degree in math, reading, or
	227	+	19 literacy. A supplement provided under this subsection is not subject to
	228	+	20 collective bargaining but a discussion of the supplement must be held.
	229	+	21 Such a supplement is in addition to any increase permitted under
	230	+	22 subsection (b).
	231	+	23 (b) Increases or increments in a local salary range must be based
	232	+	24 upon a combination of the following factors:
	233	+	25 (1) A combination of the following factors taken together may
	234	+	26 account for not more than fifty percent (50%) of the calculation
	235	+	27 used to determine a teacher's increase or increment:
	236	+	28 (A) The number of years of a teacher's experience.
	237	+	29 (B) The possession of either:
	238	+	30 (i) additional content area degrees beyond the requirements
	239	+	31 for employment; or
	240	+	32 (ii) additional content area degrees and credit hours beyond
	241	+	33 the requirements for employment, if required under an
	242	+	34 agreement bargained under IC 20-29.
	243	+	35 (2) The results of an evaluation conducted under IC 20-28-11.5.
	244	+	36 (3) The assignment of instructional leadership roles, including the
	245	+	37 responsibility for conducting evaluations under IC 20-28-11.5.
	246	+	38 (4) The academic needs of students in the school corporation.
	247	+	39 (c) To provide greater flexibility and options, a school corporation
	248	+	40 may differentiate the amount of salary increases or increments
	249	+	41 determined for teachers. A school corporation shall base a
	250	+	42 differentiated amount under this subsection on reasons the school
	251	+	ES 356—LS 6711/DI 116 6
	252	+	1 corporation determines are appropriate, which may include the:
	253	+	2 (1) subject or subjects including the subjects described in
	254	+	3 subsection (a)(2), taught by a given teacher;
	255	+	4 (2) importance of retaining a given teacher at the school
	256	+	5 corporation; and
	257	+	6 (3) need to attract an individual with specific qualifications to fill
	258	+	7 a teaching vacancy; and
	259	+	8 (4) offering of a new program or class.
	260	+	9 (d) A school corporation may provide differentiated increases or
	261	+	10 increments under subsection (b), and in excess of the percentage
	262	+	11 specified in subsection (b)(1), in order to:
	263	+	12 (1) reduce the gap between the school corporation's minimum
	264	+	13 teacher salary and the average of the school corporation's
	265	+	14 minimum and maximum teacher salaries; or
	266	+	15 (2) allow teachers currently employed by the school corporation
	267	+	16 to receive a salary adjusted in comparison to starting base salaries
	268	+	17 of new teachers.
	269	+	18 (e) Except as provided in subsection (f), a teacher rated ineffective
	270	+	19 or improvement necessary under IC 20-28-11.5 may not receive any
	271	+	20 raise or increment for the following year if the teacher's employment
	272	+	21 contract is continued. The amount that would otherwise have been
	273	+	22 allocated for the salary increase of teachers rated ineffective or
	274	+	23 improvement necessary shall be allocated for compensation of all
	275	+	24 teachers rated effective and highly effective based on the criteria in
	276	+	25 subsection (b).
	277	+	26 (f) Subsection (e) does not apply to a teacher in the first two (2) full
	278	+	27 school years that the teacher provides instruction to students in
	279	+	28 elementary school or high school. If a teacher provides instruction to
	280	+	29 students in elementary school or high school in another state, any full
	281	+	30 school year, or its equivalent in the other state, that the teacher provides
	282	+	31 instruction counts toward the two (2) full school years under this
	283	+	32 subsection.
	284	+	33 (g) A teacher who does not receive a raise or increment under
	285	+	34 subsection (e) may file a request with the superintendent or
	286	+	35 superintendent's designee not later than five (5) days after receiving
	287	+	36 notice that the teacher received a rating of ineffective. The teacher is
	288	+	37 entitled to a private conference with the superintendent or
	289	+	38 superintendent's designee.
	290	+	39 (h) The Indiana education employment relations board established
	291	+	40 in IC 20-29-3-1 shall publish a model compensation plan with a model
	292	+	41 salary range that a school corporation may adopt.
	293	+	42 (i) Each school corporation shall submit its local compensation plan
	294	+	ES 356—LS 6711/DI 116 7
	295	+	1 to the Indiana education employment relations board. For a school year
	296	+	2 beginning after June 30, 2015, a local compensation plan must specify
	297	+	3 the range for teacher salaries. The Indiana education employment
	298	+	4 relations board shall publish the local compensation plans on the
	299	+	5 Indiana education employment relations board's Internet web site.
	300	+	6 (j) The Indiana education employment relations board shall review
	301	+	7 a compensation plan for compliance with this section as part of its
	302	+	8 review under IC 20-29-6-6.1. The Indiana education employment
	303	+	9 relations board has jurisdiction to determine compliance of a
	304	+	10 compensation plan submitted under this section.
	305	+	11 (k) This chapter may not be construed to require or allow a school
	306	+	12 corporation to decrease the salary of any teacher below the salary the
	307	+	13 teacher was earning on or before July 1, 2015, if that decrease would
	308	+	14 be made solely to conform to the new compensation plan.
	309	+	15 (l) After June 30, 2011, all rights, duties, or obligations established
	310	+	16 under IC 20-28-9-1 before its repeal are considered rights, duties, or
	311	+	17 obligations under this section.
	312	+	18 SECTION 3. IC 20-31-9.5-9.5, AS AMENDED BY P.L.211-2021,
	313	+	19 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	314	+	20 JULY 1, 2022]: Sec. 9.5. (a) The governing body of a school that has
	315	+	21 been placed in the lowest two (2) categories or designations may
	316	+	22 submit a plan to the state board to create a transformation zone within
	317	+	23 the school corporation. A plan may be developed with the assistance of
	318	+	24 the department. After June 30, 2021, the state board may not use the
	319	+	25 establishment of a transformation zone under this section as an
	320	+	26 intervention in a particular school corporation to improve school
	321	+	27 performance.
	322	+	28 (b) The state board shall grant the designation as a transformation
	323	+	29 zone unless the state board concludes that the submitted plan does not
	324	+	30 substantially meet the criteria set forth in this section. All plans must
	325	+	31 be submitted to the state board not later than April 15, 2016, or April
	326	+	32 15 each year thereafter. All plans must be approved or denied by the
	327	+	33 state board not later than July 1 of the first year of implementation.
	328	+	34 (c) Each plan must include the following information:
	329	+	35 (1) An organizational chart that demonstrates that the leader of
	330	+	36 the transformation zone reports directly to the school corporation's
	331	+	37 superintendent.
	332	+	38 (2) A description of the innovations the school corporation will
	333	+	39 implement, which may include:
	334	+	40 (A) innovations in school staffing;
	335	+	41 (B) curriculum and nonmandated assessments;
	336	+	42 (C) class scheduling;
	337	+	ES 356—LS 6711/DI 116 8
	338	+	1 (D) the length of the school day or year;
	339	+	2 (E) the use of financial and other resources;
	340	+	3 (F) teacher recruitment, employment, and compensation; and
	341	+	4 (G) other innovations.
	342	+	5 (3) The objective annual student performance and growth or
	343	+	6 improvement performance gains that the school corporation
	344	+	7 expects to achieve over the next five (5) years.
	345	+	8 (4) A budget demonstrating financial sustainability of the
	346	+	9 transformation zone.
	347	+	10 (5) A description of any regulatory or district policy requirements,
	348	+	11 subject to the state board's approval, that would need to be waived
	349	+	12 for the school corporation to implement the transformation zone.
	350	+	13 (d) Subject to subsection (e), a school within the transformation
	351	+	14 zone is not subject to IC 20-29 unless the school corporation
	352	+	15 voluntarily recognizes an exclusive representative under IC 20-29-5-2.
	353	+	16 If the school corporation voluntarily recognizes an exclusive
	354	+	17 representative under IC 20-29-5-2, the school corporation may
	355	+	18 authorize a school within the transformation zone to opt out of
	356	+	19 bargaining allowable subjects or discussing discussion items by
	357	+	20 specifying the excluded items on the notice required under
	358	+	21 IC 20-29-5-2(b). Such notice must be provided to the education
	359	+	22 employment relations board at the time of the notice's posting.
	360	+	23 (e) Subsection (d) applies only to a school that has been designated
	361	+	24 as a transformation zone following the third consecutive year in the
	362	+	25 lowest performance category or designation.
	363	+	26 (f) For any collective bargaining agreement under IC 20-29
	364	+	27 entered into after June 30, 2022, a governing body is not bound by
	365	+	28 its collective bargaining agreement for employees of a
	366	+	29 transformation zone established under this section. Employees of
	367	+	30 a transformation zone may organize and create a separate
	368	+	31 bargaining unit to collectively bargain with the entity operating the
	369	+	32 transformation zone under IC 20-29. The entity operating the
	370	+	33 transformation zone is considered the school employer for
	371	+	34 purposes of IC 20-29.
	372	+	35 (f) (g) All plans approved under this chapter shall be sent by the
	373	+	36 state board to the education employment relations board not later than
	374	+	37 fifteen (15) days after the plan's approval.
	375	+	38 SECTION 4. IC 20-31-9.5-12 IS ADDED TO THE INDIANA
	376	+	39 CODE AS A NEW SECTION TO READ AS FOLLOWS
	377	+	40 [EFFECTIVE JULY 1, 2022]: Sec. 12. (a) This section applies to a
	378	+	41 transformation zone granted designation by the state board under
	379	+	42 section 9.5 of this chapter after June 30, 2022.
	380	+	ES 356—LS 6711/DI 116 9
	381	+	1 (b) If the state board grants the designation of a transformation
	382	+	2 zone within a school corporation under section 9.5 of this chapter,
	383	+	3 the governing body of the school corporation may enter into an
	384	+	4 agreement with a nonprofit organization to manage and operate all
	385	+	5 of the schools included in the transformation zone.
	386	+	6 (c) An agreement entered into under subsection (b) must:
	387	+	7 (1) provide that the nonprofit organization has managerial
	388	+	8 and operational autonomy over the schools included in the
	389	+	9 transformation zone; and
	390	+	10 (2) include details regarding the funding structure of the
	391	+	11 transformation zone.
	392	+	12 SECTION 5. IC 20-31-9.5-13 IS ADDED TO THE INDIANA
	393	+	13 CODE AS A NEW SECTION TO READ AS FOLLOWS
	394	+	14 [EFFECTIVE JULY 1, 2022]: Sec. 13. (a) If a governing body of a
	395	+	15 school corporation has entered into an agreement with an entity to
	396	+	16 manage and operate schools included in a transformation zone of
	397	+	17 the school corporation, the governing body or entity that is a party
	398	+	18 to the agreement may submit a complaint to the department on a
	399	+	19 form established by the department for an alleged violation of the
	400	+	20 agreement.
	401	+	21 (b) Not later than thirty (30) days after the date a governing
	402	+	22 body or entity submits a complaint under subsection (a), the
	403	+	23 department shall issue a decision concerning the complaint.
	404	+	24 SECTION 6. An emergency is declared for this act.
	405	+	ES 356—LS 6711/DI 116 10
	406	+	COMMITTEE REPORT
	407	+	Madam President: The Senate Committee on Education and Career
	408	+	Development, to which was referred Senate Bill No. 356, has had the
	409	+	same under consideration and begs leave to report the same back to the
	410	+	Senate with the recommendation that said bill be AMENDED as
	411	+	follows:
	412	+	Page 6, line 23, delete "and:" and insert "and employed in a school
	413	+	setting or with an other community organization, including a
	414	+	for-profit or nonprofit organization, to provide care or instruction
	415	+	for a student with a physical, intellectual, or developmental
	416	+	disability.".
	417	+	Page 6, delete lines 24 through 28.
	418	+	and when so amended that said bill do pass.
	419	+	(Reference is to SB 356 as introduced.)
	420	+	RAATZ, Chairperson
	421	+	Committee Vote: Yeas 7, Nays 5.
	422	+	_____
	423	+	SENATE MOTION
	424	+	Madam President: I move that Senate Bill 356 be amended to read
	425	+	as follows:
	426	+	Page 4, line 13, after "25." insert "(a)".
	427	+	Page 4, delete lines 17 through 21, begin a new line block indented
	428	+	and insert:
	429	+	"(1) a school corporation to post a vacant adjunct teacher
	430	+	position; and
	431	+	(2) an individual to:
	432	+	(A) post a resume;
	433	+	(B) post any other information requested by the school
	434	+	corporation through the portal or system;
	435	+	(C) make inquiries to the school corporation through the
	436	+	portal or system; and
	437	+	(D) view information relating to adjunct teachers
	438	+	employed by a particular school corporation reported to
	439	+	the department in accordance with IC 20-28-5-27(g).
	440	+	(b) The department shall post the information received under
	441	+	IC 20-28-5-27(g) on the department's portal or teacher referral
	442	+	ES 356—LS 6711/DI 116 11
	443	+	system described in subsection (a).".
	444	+	Page 7, line 21, delete "The" and insert "In an effort to fill a vacant
	445	+	teaching position, offer a new program or class, or supplement a
	446	+	program currently being offered, the".
	447	+	Page 7, delete lines 41 through 42, begin a new paragraph and
	448	+	insert:
	449	+	"(b) If a governing body of a school corporation issues an
	450	+	adjunct teacher permit to an individual under subsection (a):
	451	+	(1) the school corporation may enter into a contract for
	452	+	employment with the individual as a part-time teacher of the
	453	+	school corporation working not more than twenty (20) hours
	454	+	per week; and
	455	+	(2) the individual must complete the following training within
	456	+	the first ninety (90) days of employment:
	457	+	(A) IC 20-26-5-34.2 (bullying prevention).
	458	+	(B) IC 20-28-3-4.5 (training on child abuse and neglect).
	459	+	(C) IC 20-28-3-6 (youth suicide awareness and prevention
	460	+	training).
	461	+	(D) IC 20-28-3-7 (training on human trafficking).".
	462	+	Page 8, delete lines 1 through 3.
	463	+	Page 8, between lines 15 and 16, begin a new paragraph and insert:
	464	+	"(g) Each school corporation that hires an adjunct teacher
	465	+	under this section shall report to the department the following
	466	+	information:
	467	+	(1) The number of adjunct teachers who hold a permit issued
	468	+	under this section that the school corporation has hired each
	469	+	school year, disaggregated by the grade level and subject area
	470	+	taught by the adjunct teacher.
	471	+	(2) The following information for each adjunct teacher
	472	+	described in subdivision (1):
	473	+	(A) The name of the adjunct teacher.
	474	+	(B) The subject matter the adjunct teacher is permitted to
	475	+	teach.
	476	+	(C) A description of the adjunct teacher's experience
	477	+	described in subsection (a)(1).
	478	+	(D) The adjunct teacher's total salary and any other
	479	+	compensation paid to the adjunct teacher during the school
	480	+	year.
	481	+	(E) The number of previous adjunct teaching contracts the
	482	+	adjunct teacher has entered into with the school
	483	+	corporation or any other school corporation.".
	484	+	Page 8, line 16, delete "(g)" and insert "(h)".
	485	+	ES 356—LS 6711/DI 116 12
	486	+	Page 8, line 17, delete "established" and insert "or teacher referral
	487	+	system described in".
	488	+	Page 8, line 18, delete "under".
	489	+	Page 9, between lines 36 and 37, begin a new line double block
	490	+	indented and insert:
	491	+	"(D) The classes and subject matter areas that the adjunct
	492	+	teacher will be teaching.".
	493	+	Page 9, line 37, delete "(D)" and insert "(E)".
	494	+	Page 9, delete lines 41 through 42.
	495	+	Page 10, line 34, delete "bargaining." and insert "bargaining".
	496	+	Page 10, line 34, reset in roman "but a discussion of the supplement
	497	+	must be held.".
	498	+	(Reference is to SB 356 as printed January 28, 2022.)
	499	+	ROGERS
	500	+	_____
	501	+	COMMITTEE REPORT
	502	+	Mr. Speaker: Your Committee on Education, to which was referred
	503	+	Senate Bill 356, has had the same under consideration and begs leave
	504	+	to report the same back to the House with the recommendation that said
	505	+	bill be amended as follows:
	506	+	Page 1, delete lines 1 through 15.
	507	+	Delete pages 2 through 3.
	508	+	Page 4, delete lines 1 through 30.
	509	+	Page 6, line 29, strike "or be a teacher of".
	510	+	Page 6, line 30, strike "record".
	511	+	Page 6, line 35, after "disability." insert "However, an individual
	512	+	who receives an initial practitioner license under this section may
	513	+	not be a teacher of record for a special education student for the
	514	+	period the individual maintains a license under this section.".
	515	+	Page 7, delete lines 28 through 42.
	516	+	Delete pages 8 through 9.
	517	+	Page 10, delete lines 1 through 39.
	518	+	Page 13, delete lines 29 through 42, begin a new paragraph and
	519	+	insert:
	520	+	"SECTION 10. IC 20-31-9.5-9.5, AS AMENDED BY
	521	+	P.L.211-2021, SECTION 31, IS AMENDED TO READ AS
	522	+	FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 9.5. (a) The governing
	523	+	ES 356—LS 6711/DI 116 13
	524	+	body of a school that has been placed in the lowest two (2) categories
	525	+	or designations may submit a plan to the state board to create a
	526	+	transformation zone within the school corporation. A plan may be
	527	+	developed with the assistance of the department. After June 30, 2021,
	528	+	the state board may not use the establishment of a transformation zone
	529	+	under this section as an intervention in a particular school corporation
	530	+	to improve school performance.
	531	+	(b) The state board shall grant the designation as a transformation
	532	+	zone unless the state board concludes that the submitted plan does not
	533	+	substantially meet the criteria set forth in this section. All plans must
	534	+	be submitted to the state board not later than April 15, 2016, or April
	535	+	15 each year thereafter. All plans must be approved or denied by the
	536	+	state board not later than July 1 of the first year of implementation.
	537	+	(c) Each plan must include the following information:
	538	+	(1) An organizational chart that demonstrates that the leader of
	539	+	the transformation zone reports directly to the school corporation's
	540	+	superintendent.
	541	+	(2) A description of the innovations the school corporation will
	542	+	implement, which may include:
	543	+	(A) innovations in school staffing;
	544	+	(B) curriculum and nonmandated assessments;
	545	+	(C) class scheduling;
	546	+	(D) the length of the school day or year;
	547	+	(E) the use of financial and other resources;
	548	+	(F) teacher recruitment, employment, and compensation; and
	549	+	(G) other innovations.
	550	+	(3) The objective annual student performance and growth or
	551	+	improvement performance gains that the school corporation
	552	+	expects to achieve over the next five (5) years.
	553	+	(4) A budget demonstrating financial sustainability of the
	554	+	transformation zone.
	555	+	(5) A description of any regulatory or district policy requirements,
	556	+	subject to the state board's approval, that would need to be waived
	557	+	for the school corporation to implement the transformation zone.
	558	+	(d) Subject to subsection (e), a school within the transformation
	559	+	zone is not subject to IC 20-29 unless the school corporation
	560	+	voluntarily recognizes an exclusive representative under IC 20-29-5-2.
	561	+	If the school corporation voluntarily recognizes an exclusive
	562	+	representative under IC 20-29-5-2, the school corporation may
	563	+	authorize a school within the transformation zone to opt out of
	564	+	bargaining allowable subjects or discussing discussion items by
	565	+	specifying the excluded items on the notice required under
	566	+	ES 356—LS 6711/DI 116 14
	567	+	IC 20-29-5-2(b). Such notice must be provided to the education
	568	+	employment relations board at the time of the notice's posting.
	569	+	(e) Subsection (d) applies only to a school that has been designated
	570	+	as a transformation zone following the third consecutive year in the
	571	+	lowest performance category or designation.
	572	+	(f) For any collective bargaining agreement under IC 20-29
	573	+	entered into after June 30, 2022, a governing body is not bound by
	574	+	its collective bargaining agreement for employees of a
	575	+	transformation zone established under this section. Employees of
	576	+	a transformation zone may organize and create a separate
	577	+	bargaining unit to collectively bargain with the entity operating the
	578	+	transformation zone under IC 20-29. The entity operating the
	579	+	transformation zone is considered the school employer for
	580	+	purposes of IC 20-29.
	581	+	(f) (g) All plans approved under this chapter shall be sent by the
	582	+	state board to the education employment relations board not later than
	583	+	fifteen (15) days after the plan's approval.
	584	+	SECTION 11. IC 20-31-9.5-12 IS ADDED TO THE INDIANA
	585	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	586	+	[EFFECTIVE JULY 1, 2022]: Sec. 12. (a) This section applies to a
	587	+	transformation zone granted designation by the state board under
	588	+	section 9.5 of this chapter after June 30, 2022.
	589	+	(b) If the state board grants the designation of a transformation
	590	+	zone within a school corporation under section 9.5 of this chapter,
	591	+	the governing body of the school corporation may enter into an
	592	+	agreement with a nonprofit organization to manage and operate all
	593	+	of the schools included in the transformation zone.
	594	+	(c) An agreement entered into under subsection (b) must:
	595	+	(1) provide that the nonprofit organization has managerial
	596	+	and operational autonomy over the schools included in the
	597	+	transformation zone; and
	598	+	(2) include details regarding the funding structure of the
	599	+	transformation zone.
	600	+	SECTION 12. IC 20-31-9.5-13 IS ADDED TO THE INDIANA
	601	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	602	+	[EFFECTIVE JULY 1, 2022]: Sec. 13. (a) If a governing body of a
	603	+	school corporation has entered into an agreement with an entity to
	604	+	manage and operate schools included in a transformation zone of
	605	+	the school corporation, the governing body or entity that is a party
	606	+	to the agreement may submit a complaint to the department on a
	607	+	form established by the department for an alleged violation of the
	608	+	agreement.
	609	+	ES 356—LS 6711/DI 116 15
	610	+	(b) Not later than thirty (30) days after the date a governing
	611	+	body or entity submits a complaint under subsection (a), the
	612	+	department shall issue a decision concerning the complaint.".
	613	+	Page 14, delete lines 1 through 2.
	614	+	Renumber all SECTIONS consecutively.
	615	+	and when so amended that said bill do pass.
	616	+	(Reference is to SB 356 as reprinted February 1, 2022.)
	617	+	BEHNING
	618	+	Committee Vote: yeas 6, nays 4.
	619	+	ES 356—LS 6711/DI 116