Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 356
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-28-5-12.5, AS ADDED BY P.L.96-2021,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12.5. (a) The department shall grant an initial
practitioner license to an individual who:
(1) is at least twenty-six (26) years of age;
(2) (1) possesses a bachelor's degree from an accredited
postsecondary four (4) year institution;
(3) (2) successfully completes an alternative teacher certification
program that includes:
(A) the required content training in the area in which the
individual seeks to be licensed;
(B) pedagogy training and an examination that is in
substantive alignment with nationally recognized pedagogical
standards and teaches effective:
(i) instructional delivery;
(ii) classroom management and organization;
(iii) assessment;
(iv) instructional design; and
(v) professional learning and leadership;
(C) successful demonstration of content area proficiency in an
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examination that includes content area material in substantive
alignment with nationally recognized content area standards in
the areas that the individual is required to have a license to
teach;
(D) verification from a third party that regularly reviews
educational and professional examinations that the alternative
certification examination is equal to or greater in rigor than the
written examination under section 12 of this chapter; and
(E) content within the curriculum that prepares teacher
candidates to use evidence based trauma informed classroom
instruction, including instruction in evidence based social
emotional learning classroom practices that are conducive to
supporting students who have experienced trauma that may
interfere with a student's academic functioning;
(4) (3) successfully completes a Praxis Subject Assessment;
(5) (4) holds a valid cardiopulmonary resuscitation certification
from a provider approved by the department; and
(6) (5) has attended youth suicide awareness and prevention
training.
(b) The individual must complete a one (1) year clinical practical
experience program during the individual's first year in the classroom
when the individual is employed as a full-time teacher. The provider
must:
(1) provide the clinical practical experience program at no cost
to the state or to the school corporation, charter school, or state
accredited nonpublic school; and
(2) as part of the clinical practical instruction program, provide
instruction in:
(A) instructional design and planning;
(B) effective instructional delivery;
(C) classroom management and organization;
(D) effective use of assessment data;
(E) content in federal and Indiana special education laws; and
(F) required awareness, preparation, and understanding of:
(i) individualized education programs;
(ii) service plans developed under 511 IAC 7-34;
(iii) choice special education plans developed under 511
IAC 7-49; and
(iv) plans developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
(c) An in-state alternative teacher certification program under
subsection (a)(3) (a)(2) must operate in accordance with the procedures
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and program approval standards and requirements set by the
department and the state board for teacher education programs for the
licensure of teachers.
(d) An out-of-state alternative teacher certification program under
subsection (a)(3) (a)(2) must:
(1) currently operate in at least five (5) states; and
(2) have operated an alternative teacher certification program for
at least ten (10) years.
(e) An individual who receives an alternative teacher certification
under subsection (a)(3) (a)(2) is authorized to teach the subject and
educational level that the individual has successfully completed.
(f) An individual who receives an initial practitioner license under
this section shall be treated in the same manner as an individual who
receives an initial practitioner license after completing a traditional
teacher preparation program.
(g) An individual who graduates from an alternative teacher
certification program must be treated in the same manner as a
traditional teacher preparation program graduate during the transition
from an initial practitioner license to a practitioner license.
(h) An individual who receives an initial practitioner license under
this section may not teach a special education course or be a teacher of
record for a special education student for the period the individual
maintains a license under this section unless the individual is at least
twenty-six (26) years of age and employed in a school setting or
with another community organization, including a for-profit or
nonprofit organization, to provide care or instruction for a student
with a physical, intellectual, or developmental disability. However,
an individual who receives an initial practitioner license under this
section may not be a teacher of record for a special education
student for the period the individual maintains the initial
practitioner license.
(i) A school corporation, charter school, or state accredited
nonpublic school shall submit a plan to the department if the school
corporation, charter school, or state accredited nonpublic school hires
one (1) or more individuals who have received an initial practitioner
license under this section. The plan must be submitted in a manner
prescribed by the department and must include a description of how the
school corporation, charter school, or state accredited nonpublic school
will, excluding the clinical practical experience program described in
subsection (b), provide an individual who receives an initial
practitioner license under this section opportunities to obtain exposure
to classroom management and instructional techniques, including
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meaningful exposure to special education. The plan is a public record.
(j) Not later than July 1, 2024, the department shall prepare a report
that shall be submitted to the general assembly in an electronic format
under IC 5-14-6. The report must contain the following information:
(1) Data showing how many teachers obtained an initial
practitioner license under this section.
(2) A description of the number of teachers who received an
initial practitioner license under this section who are currently
employed as a teacher by each:
(A) school corporation;
(B) charter school; or
(C) state accredited nonpublic school.
The description must include a breakdown of the subjects taught
by teachers who receive an initial practitioner license under this
section.
(3) A comparison of the Praxis Subject Assessment pass rates for
individuals who receive an initial practitioner license under this
section in comparison with the Praxis Subject Assessment pass
rates for teachers who obtained an initial practitioner license
using a different pathway to licensure.
(4) A description of how many teachers who received an initial
practitioner license under this section are rated as effective or
highly effective.
SECTION 2. IC 20-28-9-1.5, AS AMENDED BY P.L.216-2021,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.5. (a) This subsection governs salary increases
for a teacher employed by a school corporation. Compensation
attributable to additional degrees or graduate credits earned before the
effective date of a local compensation plan created under this chapter
before July 1, 2015, shall continue for school years beginning after
June 30, 2015. Compensation attributable to additional degrees for
which a teacher has started course work before July 1, 2011, and
completed course work before September 2, 2014, shall also continue
for school years beginning after June 30, 2015. For school years
beginning after June 30, 2015, 2022, a school corporation may provide
a supplemental payment to a teacher in excess of the salary specified
in the school corporation's compensation plan. under any of the
following circumstances:
(1) The teacher:
(A) teaches an advanced placement course or a Cambridge
International course; or
(B) has earned a master's degree from an accredited
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postsecondary educational institution in a content area directly
related to the subject matter of:
(i) a dual credit course; or
(ii) another course;
taught by the teacher.
(2) Beginning after June 30, 2018, the teacher:
(A) is a special education professional; or
(B) teaches in the areas of science, technology, engineering, or
mathematics.
(3) Beginning after June 30, 2019, the teacher teaches a career or
technical education course.
In addition, a supplemental payment may be made to an elementary
school teacher who earns a master's degree in math, reading, or
literacy. A supplement provided under this subsection is not subject to
collective bargaining but a discussion of the supplement must be held.
Such a supplement is in addition to any increase permitted under
subsection (b).
(b) Increases or increments in a local salary range must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than fifty percent (50%) of the calculation
used to determine a teacher's increase or increment:
(A) The number of years of a teacher's experience.
(B) The possession of either:
(i) additional content area degrees beyond the requirements
for employment; or
(ii) additional content area degrees and credit hours beyond
the requirements for employment, if required under an
agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including the
responsibility for conducting evaluations under IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) To provide greater flexibility and options, a school corporation
may differentiate the amount of salary increases or increments
determined for teachers. A school corporation shall base a
differentiated amount under this subsection on reasons the school
corporation determines are appropriate, which may include the:
(1) subject or subjects including the subjects described in
subsection (a)(2), taught by a given teacher;
(2) importance of retaining a given teacher at the school
corporation; and
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(3) need to attract an individual with specific qualifications to fill
a teaching vacancy; and
(4) offering of a new program or class.
(d) A school corporation may provide differentiated increases or
increments under subsection (b), and in excess of the percentage
specified in subsection (b)(1), in order to:
(1) reduce the gap between the school corporation's minimum
teacher salary and the average of the school corporation's
minimum and maximum teacher salaries; or
(2) allow teachers currently employed by the school corporation
to receive a salary adjusted in comparison to starting base salaries
of new teachers.
(e) Except as provided in subsection (f), a teacher rated ineffective
or improvement necessary under IC 20-28-11.5 may not receive any
raise or increment for the following year if the teacher's employment
contract is continued. The amount that would otherwise have been
allocated for the salary increase of teachers rated ineffective or
improvement necessary shall be allocated for compensation of all
teachers rated effective and highly effective based on the criteria in
subsection (b).
(f) Subsection (e) does not apply to a teacher in the first two (2) full
school years that the teacher provides instruction to students in
elementary school or high school. If a teacher provides instruction to
students in elementary school or high school in another state, any full
school year, or its equivalent in the other state, that the teacher provides
instruction counts toward the two (2) full school years under this
subsection.
(g) A teacher who does not receive a raise or increment under
subsection (e) may file a request with the superintendent or
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
superintendent's designee.
(h) The Indiana education employment relations board established
in IC 20-29-3-1 shall publish a model compensation plan with a model
salary range that a school corporation may adopt.
(i) Each school corporation shall submit its local compensation plan
to the Indiana education employment relations board. For a school year
beginning after June 30, 2015, a local compensation plan must specify
the range for teacher salaries. The Indiana education employment
relations board shall publish the local compensation plans on the
Indiana education employment relations board's Internet web site.
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(j) The Indiana education employment relations board shall review
a compensation plan for compliance with this section as part of its
review under IC 20-29-6-6.1. The Indiana education employment
relations board has jurisdiction to determine compliance of a
compensation plan submitted under this section.
(k) This chapter may not be construed to require or allow a school
corporation to decrease the salary of any teacher below the salary the
teacher was earning on or before July 1, 2015, if that decrease would
be made solely to conform to the new compensation plan.
(l) After June 30, 2011, all rights, duties, or obligations established
under IC 20-28-9-1 before its repeal are considered rights, duties, or
obligations under this section.
SECTION 3. An emergency is declared for this act.
SEA 356 — CC 1 President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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