First Regular Session of the 123rd General Assembly (2023)
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 2022 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1638
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-3-22-20 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 20. Before November 1, 2023, the department of
education shall report to the legislative council in an electronic
format under IC 5-14-6 findings and recommendations for
reducing the amount of redundant data that schools are required
to submit to state agencies (as defined in IC 4-12-1-2).
SECTION 2. IC 5-3-1-3, AS AMENDED BY P.L.92-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Within sixty (60) days after the expiration
of each calendar year, the fiscal officer of each civil city and town in
Indiana shall publish an annual report of the receipts and expenditures
of the city or town during the preceding calendar year.
(b) Not earlier than August 1 or later than August 15 of each year,
the secretary of each school corporation in Indiana shall publish either:
(1) an annual financial report; or
(2) a summary of the annual financial report with a description of
how to find and view the full annual fiscal report on the Internet.
The summary must include the following:
(A) The total amounts for:
(i) approved budget receipts for each property tax fund and
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the total for the approved budget receipts for all of the
property tax funds combined; and
(ii) actual receipts for each property tax fund and the total
for the approved budget receipts for all of the property tax
funds combined.
(B) The total amounts for:
(i) approved budget expenditures for each property tax fund
and the total for the approved budget expenditures for all of
the property tax funds combined; and
(ii) actual expenditures for all property tax funds and the
total for the approved budget receipts for all of the property
tax funds combined.
(C) The minimum teacher salary range.
(D) The maximum teacher salary range.
(E) High school extracurricular salaries for head athletic
coaches and orchestra, music, and band leaders.
(F) The salary ranges for noncertificated employees (as
defined in IC 20-29-2-11) classifications.
(G) The:
(i) lowest salary;
(ii) highest salary; and
(iii) average salary;
for a certificated administrative staff employee.
(H) Student enrollment disaggregated by grade level.
(I) The total assessed valuation for property and the property
tax rate per property tax fund for the past two (2) years.
(J) The type of indebtedness for the school corporation and the
amount of principal that is outstanding.
(c) In the annual financial report the school corporation shall
include the following:
(1) Actual receipts and expenditures by major accounts as
compared to the budget advertised under IC 6-1.1-17-3 for the
prior calendar year.
(2) The salary schedule for all certificated employees (as defined
in IC 20-29-2-4) as of June 30, with the number of employees at
each salary increment. However, the listing of salaries of
individual teachers is not required.
(3) The extracurricular salary schedule as of June 30.
(4) The range of rates of pay for all noncertificated employees by
specific classification.
(5) The number of employees who are full-time certificated,
part-time certificated, full-time noncertificated, and part-time
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noncertificated.
(6) The lowest, highest, and average salary for the administrative
staff and the number of administrators without a listing of the
names of particular administrators.
(7) The number of students enrolled at each grade level and the
total enrollment.
(8) The assessed valuation of the school corporation for the prior
and current calendar year.
(9) The tax rate for each fund for the prior and current calendar
year.
(10) In the education fund and operations fund, a report of the
total payment made to each vendor from each fund in excess of
two thousand five hundred dollars ($2,500) during the prior
calendar year. However, a school corporation is not required to
include more than two hundred (200) vendors whose total
payment to each vendor was in excess of two thousand five
hundred dollars ($2,500). A school corporation shall list the
vendors in descending order from the vendor with the highest
total payment to the vendor with the lowest total payment above
the minimum listed in this subdivision.
(11) A statement providing that the contracts, vouchers, and bills
for all payments made by the school corporation are in its
possession and open to public inspection.
(12) The total indebtedness as of the end of the prior calendar
year showing the total amount of notes, bonds, certificates, claims
due, total amount due from such corporation for public
improvement assessments or intersections of streets, and any and
all other evidences of indebtedness outstanding and unpaid at the
close of the prior calendar year.
(d) The school corporation may provide an interpretation or
explanation of the information included in the financial report.
(e) The department of education shall do the following:
(1) Develop guidelines for the preparation and form of the
financial report.
(2) Provide information to assist school corporations in the
preparation of the financial report.
(f) (b) The annual reports required by this section and IC 36-2-2-19
and the abstract required by IC 36-6-4-13 shall each be published one
(1) time only, in accordance with this chapter.
(g) Each school corporation shall submit to the department of
education a copy of the financial report required under this section. The
department of education shall make the financial reports available on
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the department of education's Internet web site.
(h) As used in this subsection, "bonds" means any bonds, notes, or
other evidences of indebtedness, whether payable from property taxes,
other taxes, revenues, fees, or any other source. However, the term does
not include notes, warrants, or other evidences of indebtedness that
have a maturity of not more than five (5) years and that are made in
anticipation of and to be paid from revenues of the school corporation.
Notwithstanding any other law, a school corporation may not issue any
bonds unless the school corporation has filed the annual financial
report required under subsection (b) with the department of education.
The requirements under this subsection for the issuance of bonds by a
school corporation are in addition to any other requirements imposed
under any other law. This subsection applies to the issuance of bonds
authorized under any statute, regardless of whether that statute
specifically references this subsection or the requirements under this
subsection.
SECTION 3. IC 20-18-2-2.6 IS REPEALED [EFFECTIVE JULY
1, 2023]. Sec. 2.6. "Chronic absenteeism" has the meaning set forth in
IC 20-20-8-8.
SECTION 4. IC 20-18-2-6.5, AS ADDED BY P.L.246-2013,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6.5. "Habitual truant" has the meaning set forth in
IC 20-20-8-8. refers to a student who has been absent ten (10) days
or more from school within a school year without being excused or
without being absent under a parental request that has been filed
with the school.
SECTION 5. IC 20-19-3-29, AS ADDED BY SEA 486-2023,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 29. (a) Not later than July 1, 2024, the department
may establish or license for use an online platform that:
(1) provides information and training on each of the subjects and
content described in IC 20-28-3-5.5 and IC 20-28-5.5-1.5;
(2) is accessible to by both teachers and students enrolled in a
teacher preparation program; and
(3) upon successful completion of the training, provides written
confirmation to a teacher or student described in subdivision (2)
that the teacher or student successfully completed the training.
(b) Not later than July 1, 2025, the department may include the
following information and training on the online platform described in
subsection (a):
(1) Youth suicide awareness and prevention as described in
IC 20-28-3-6.
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(2) (1) 29 CFR 1910.1030 concerning bloodborne pathogens.
(3) Bullying prevention as described in IC 20-26-5-34.2.
(4) Child abuse and neglect as described in IC 20-28-3-4.5.
(5) (2) 29 CFR 1910.147 concerning lock out/tag out.
(6) (3) 511 IAC 5-5-5 concerning assessment training.
(c) If a teacher successfully completes a training on the online
platform, the training must count towards continuing education
required for licensure renewal, as prescribed by the department.
SECTION 6. IC 20-19-3-31 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 31. (a) This section applies to a public school,
including a charter school.
(b) As used in this section, "virtual course" refers to a high
school course offered at a public high school in which more than
fifty percent (50%) of the course instruction was provided to
students in an interactive learning environment created through
technology in which the student is separated from the teacher by
time, space, or both.
(c) The state board, in collaboration with the department, shall
create a process to allow a student who is presently enrolled in
grade 9 through grade 12 at a public high school to retake a virtual
course that the student previously completed in grade 9 through
grade 12 at the same public high school if the following conditions
are met:
(1) The student was enrolled in grade 9 through grade 12
during the 2019 through 2022 school years at the time the
student completed the virtual course.
(2) The student completed the virtual course as a result of a
state or federal executive order concerning the public health
emergency caused by the coronavirus disease (COVID-19)
pandemic.
(3) The student has not yet graduated or completed high
school.
(d) If a student elects to retake a virtual course under subsection
(c), the:
(1) retaken course must provide instruction regarding the
same subject matter and content as the previously completed
virtual course;
(2) retaken course must not be a virtual course;
(3) student must receive full credit for the retaken course
upon completion; and
(4) grade received by the student upon completion of the
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retaken course must replace the grade received by the student
in the previously completed virtual course.
(e) If a student:
(1) retook and completed a course under the conditions
described in subsection (c) prior to July 1, 2023; and
(2) makes a request to the superintendent to receive full credit
and a replacement grade for the retaken course;
the student must receive full credit for the retaken course, and the
grade received by the student upon completion of the retaken
course must replace the grade received by the student in the
previously completed virtual course.
(f) The state board and the department may adopt rules under
IC 4-22-2 to implement this section.
SECTION 7. IC 20-19-9-5, AS ADDED BY P.L.211-2019,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 5. A school corporation that operates a virtual
education program must require that if a student who attends a school
corporation's virtual education program accumulates the number of
unexcused absences sufficient to result in the student's classification as
a habitual truant, (as described in IC 20-20-8-8(a)(17)), the student
must be withdrawn from enrollment in the school corporation's virtual
education program.
SECTION 8. IC 20-20-8 IS REPEALED [EFFECTIVE JULY 1,
2023]. (School Corporation Annual Performance Report).
SECTION 9. IC 20-20-40-13, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 13. (a) The commission has the following duties:
(1) To adopt rules concerning the following:
(A) The use of restraint and seclusion in a school corporation
or a state accredited nonpublic school, with an emphasis on
eliminating or minimizing the use of restraint and seclusion.
(B) The prevention of the use of types of restraint or seclusion
that may harm a student, a school employee, a school
volunteer, or the educational environment of the school.
(C) Requirements for notifying parents.
(D) Training regarding the use of restraint and seclusion,
including the frequency of training and what employees must
be trained.
(E) The distribution of the seclusion and restraint policy to
parents and the public.
(F) Requirements for the reporting of incidents of restraint and
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seclusion in the annual school performance report, including
incidents of restraint and seclusion involving school resource
officers (as defined in IC 20-26-18.2-1).
(G) Circumstances that may require more timely incident
reporting and the requirements for such reporting.
(2) To develop, maintain, and revise a model restraint and
seclusion plan for schools that includes the following elements:
(A) A statement on how students will be treated with dignity
and respect and how appropriate student behavior will be
promoted and taught.
(B) A statement ensuring that the school will use prevention,
positive behavior intervention and support, and conflict
deescalation de-escalation to eliminate or minimize the need
for use of any of the following:
(i) Seclusion.
(ii) Chemical restraint.
(iii) Mechanical restraint.
(iv) Physical restraint.
(C) A statement ensuring that any behavioral intervention used
will be consistent with the student's most current behavioral
intervention plan, or individualized education program, if
applicable.
(D) Definitions for restraint and seclusion, as defined in this
chapter.
(E) A statement ensuring that if a procedure listed in clause
(B) is used, the procedure will be used:
(i) as a last resort safety procedure, employed only after
another, less restrictive procedure has been implemented
without success; and
(ii) in a situation in which there is an imminent risk of injury
to the student, other students, school employees, or visitors
to the school.
(F) An indication that restraint or seclusion may be used only
for a short time period, or until the imminent risk of injury has
passed.
(G) A documentation and recording requirement governing
instances in which procedures listed in clause (B) are used,
including:
(i) how every incident will be documented and debriefed;
(ii) how responsibilities will be assigned to designated
employees for evaluation and oversight; and
(iii) designation of a school employee to be the keeper of
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such documents.
(H) A requirement that the student's parent must be notified as
soon as possible when an incident involving the student occurs
that includes use of procedures listed in clause (B).
(I) A requirement that a copy of an incident report must be
sent to the student's parent after the student is subject to a
procedure listed in clause (B).
(J) Required recurrent training for appropriate school
employees on the appropriate use of effective alternatives to
physical restraint and seclusion, including the use of positive
behavioral intervention and support and conflict deescalation.
de-escalation. The training must include the safe use of
physical restraint and seclusion in incidents involving
imminent danger or serious harm to the student, school
employees, or others. Consideration must be given to available
school resources and the time commitments of school
employees.
(3) To accept and review reports from the public and make
nonbinding recommendations to the department of any suggested
action to be taken.
(b) The model policy developed by the commission must take into
consideration that implementation and reporting requirements for state
accredited nonpublic schools may vary, and the model plan must
provide state accredited nonpublic schools flexibility with regards to
accountability under and implementation of the plan adopted by a state
accredited nonpublic school under section 14 of this chapter.
(c) The commission will assist the department in enabling
training required by this section to be provided after June 30, 2024,
through the online platform established or licensed for use under
IC 20-19-3-29, if the online platform is established.
SECTION 10. IC 20-20-49 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 49. Science of Reading Grant
Sec. 1. As used in this chapter, "charter school" has the meaning
set forth in IC 20-24-1-4.
Sec. 2. As used in this chapter, "elementary school" means a
public elementary school, including a charter school.
Sec. 3. As used in this chapter, "grant" refers to a grant
awarded under section 5 of this chapter.
Sec. 4. Money allocated for grants under this chapter must be
used for the following:
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(1) Placing literacy instructional coaches in elementary
schools for the purposes of training and supporting teachers
and administrators in order to improve instruction related to
the science of reading.
(2) Training teachers and school principals in instructional
practices aligned with the science of reading.
(3) Increasing instructional time, including summer literacy
programs or high-dosage tutoring, for students who have been
identified as struggling readers based on a diagnostic
screening authorized by the department under IC 20-35.5-2-2.
(4) Elementary schools and school corporations purchasing
curricular materials that:
(A) align with science of reading; and
(B) receive approval by the department.
(5) Covering costs for teachers to obtain a literacy
endorsement described in IC 20-28-5-19.7.
Sec. 5. (a) Subject to section 6 of this chapter, the department
may, after June 30, 2024, award a grant under this chapter to a
school corporation or charter school that does the following:
(1) Applies for a grant on a form provided by the department.
(2) Submits a detailed description of a plan that:
(A) must include:
(i) placing literacy instructional coaches in elementary
schools for the purposes of training and supporting
teachers and administrators in order to improve
instruction related to the science of reading; and
(ii) training teachers and school principals in
instructional practices aligned with the science of
reading; and
(B) may include, if the school corporation or charter school
is requesting grant funds for the purpose described in
section 4(3) or 4(4) of this chapter the following, as
applicable:
(i) Increasing instructional time, including summer
literacy programs or high-dosage tutoring, for students
who have been identified as struggling readers based on
a diagnostic screening authorized by the department
under IC 20-35.5-2-2.
(ii) Elementary schools and school corporations
purchasing curricular materials that align with the
science of reading and receive approval by the
department.
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(3) Submits the following information:
(A) Evidence supporting the school corporation's or
charter school's plan under subdivision (2).
(B) The number of elementary school teachers and literacy
instructional coaches employed by the school corporation
or charter school.
(C) Any other pertinent information required by the
department.
(b) Any instruction under a plan that includes increasing
instructional time as described in subsection (a)(2)(B)(i) must align
with the science of reading.
Sec. 6. Upon review of applications received under section 5 of
this chapter, the department may award grants to school
corporations and charter schools subject to available money and
in accordance with the following priorities:
(1) To the extent possible, to achieve geographic balance
throughout Indiana and to include urban, suburban, and
rural school corporations.
(2) To address a documented need for literacy instructional
coaches, additional science of reading training, or compliance
with IC 20-26-12-24.5.
(3) To provide targeted support for Indiana students
experiencing the greatest reading challenges.
Sec. 7. The department:
(1) may adopt rules under IC 4-22-2 to implement this
chapter; and
(2) shall adopt rules under IC 4-22-2 regarding the following:
(A) Distribution of award amounts under this chapter.
(B) Prioritizing grants for the purposes described in
section 4(1) and 4(2) of this chapter.
SECTION 11. IC 20-24-5-4.5, AS AMENDED BY P.L.38-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4.5. (a) A virtual charter school shall establish and
implement an annual onboarding process and orientation for virtual
charter school students and the students' parents. As part of the annual
onboarding process and orientation, the virtual charter school must
provide to a parent of a student:
(1) the student engagement and attendance requirements or
policies of the virtual charter school; and
(2) notice that a person who knowingly or intentionally deprives
a dependent of education commits a violation under IC 35-46-1-4.
(b) A student who is not enrolled in a virtual charter school before
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July 1, 2020, must complete the annual onboarding process and
orientation established by the virtual charter school under subsection
(a) with the student's parent before the student may enroll in the virtual
charter school. If a student or student's parent does not participate in
the virtual charter school's annual onboarding process and orientation
established under subsection (a), the student may not enroll in the
virtual charter school.
(c) An authorizer shall review and monitor whether a virtual charter
school that is authorized by the authorizer complies with the
requirements under this section.
(d) An individual who is employed as a licensed teacher at a virtual
charter school must comply with any mandatory licensed teacher
training that is required under this title.
(e) A virtual charter school must require that if a student who
attends a virtual charter school accumulates the number of unexcused
absences sufficient to result in the student's classification as a habitual
truant, (as described in IC 20-20-8-8(a)(17)), the student must be
withdrawn from enrollment in the virtual charter school.
(f) Except as provided in IC 20-26-19, a virtual charter school may
not enroll a student unless the student is an Indiana resident. If the
virtual charter school is unable to verify that a student who attends the
virtual charter school is an Indiana resident, the virtual charter school
must pay back to the department the state tuition support distribution
in an amount determined by the department that the virtual charter
school received for that student.
SECTION 12. IC 20-24-9-6 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 6. The organizer of a charter school shall publish an annual
performance report that provides the information required under
IC 20-20-8-8 in the same manner that a school corporation publishes
an annual report under IC 20-20-8.
SECTION 13. IC 20-24.2-4-3, AS AMENDED BY P.L.125-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) Except as specifically provided in this
article and section 4 of this chapter, the following provisions of this
title and a rule or guideline adopted by the state board under one (1) of
the following provisions of this title do not apply to a qualified district
or qualified high school:
(1) Provisions that do not apply to school corporations in general.
(2) IC 20-20 (programs administered by the state), except for
IC 20-20-1 (educational service centers). and IC 20-20-8 (school
corporation annual performance report).
(3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
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continuing education), IC 20-28-4-8 (hiring of transition to
teaching participants; restrictions), IC 20-28-4-11 (transition to
teaching participants; school corporation or subject area;
transition to teaching permit), IC 20-28-5-8 (conviction of certain
felonies or misdemeanors; notice and hearing; permanent
revocation of license; data base of school employees who have
been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
(cancellation of teacher contracts), IC 20-28-8 (contracts with
school administrators), IC 20-28-9 (teacher salary and related
payments), IC 20-28-10 (conditions of employment), and
IC 20-28-11.5 (staff performance evaluations).
(4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
IC 20-30-3-4 (patriotic commemorative observances),
IC 20-30-5-13 (human sexuality instructional requirements), and
IC 20-30-5-19 (personal financial responsibility instruction).
(5) IC 20-32 (student standards, assessments, and performance),
except for IC 20-32-4 (graduation requirements), IC 20-32-5
(Indiana statewide testing for educational progress for a school
year ending before July 1, 2018), IC 20-32-5.1 (statewide
assessment program for a school year beginning after June 30,
2018), and IC 20-32-8 (remediation).
(6) IC 20-37 (career and technical education).
(b) Notwithstanding any other law, a school corporation may not
receive a decrease in state funding based upon the school corporation's
status as a qualified district or the status of a high school within the
school corporation as a qualified high school, or because of the
implementation of a waiver of a statute or rule that is allowed to be
waived by a qualified district or qualified high school.
SECTION 14. IC 20-24.2-4-4, AS AMENDED BY P.L.126-2022,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. The following provisions of this title and rules
and guidelines adopted under the following provisions of this title
apply to a qualified district or qualified high school:
IC 20-20-1 (educational service centers).
IC 20-20-8 (school corporation annual performance report).
IC 20-23 (organization of school corporations).
IC 20-26 (school corporation general administrative provisions).
IC 20-27 (school transportation).
IC 20-28-3-4 (teacher continuing education).
IC 20-28-4-8 (hiring of transition to teaching participants;
restrictions).
IC 20-28-4-11 (transition to teaching participants; school
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corporation or subject area; transition to teaching permit).
IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
notice and hearing; permanent revocation of license; data base of
school employees who have been reported).
IC 20-28-6 (teacher contracts).
IC 20-28-7.5 (cancellation of teacher contracts).
IC 20-28-8 (contracts with school administrators).
IC 20-28-9 (teacher salary and related payments).
IC 20-28-10 (conditions of employment).
IC 20-28-11.5 (staff performance evaluations).
IC 20-29 (collective bargaining for teachers).
IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
IC 20-30-5-13 (human sexuality instructional requirements).
IC 20-30-5-19 (personal financial responsibility instruction).
IC 20-31 (accountability for school performance and
improvement).
IC 20-32-4, IC 20-32-5 (for a school year beginning before July
1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
2018), and IC 20-32-8 (accreditation, assessment, and
remediation), or any other statute, rule, or guideline related to
standardized assessments.
IC 20-33 (students: general provisions).
IC 20-34-3 (health and safety measures).
IC 20-35 (special education).
IC 20-35.5 (dyslexia screening and intervention).
IC 20-36 (high ability students).
IC 20-39 (accounting and financial reporting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction and
learning).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state
advances and loans).
IC 20-50 (homeless children and foster care children).
SECTION 15. IC 20-25-9-5, AS ADDED BY P.L.1-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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JULY 1, 2023]: Sec. 5. Each school in the school city shall measure
and record:
(1) the students' achievement in reaching the school's student
performance improvement levels established under IC 20-25-11;
(2) student achievement information for the school described in
IC 20-20-8-8 and IC 20-25-9-6; and
(3) teacher and administrative performance information for the
school described in IC 20-25-9-6;
which in each case must not be less rigorous than the student
performance improvement levels and information developed and
required under IC 20-31-8.
SECTION 16. IC 20-25-9-6, AS AMENDED BY P.L.244-2017,
SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. For all schools under this article, the report
must include the following: in addition to the requirements of
IC 20-20-8-8:
(1) Student achievement information as follows:
(A) For each elementary and middle school, grade
advancement rates.
(B) For each high school, the percentage of students who apply
to, are accepted by, and attend a college, university, or other
postsecondary educational institution after high school.
(2) Administrative performance measures as follows:
(A) School receipts and expenditures by source, compared
with budget amounts.
(B) Total school enrollment.
(C) The school's education fund expenditures per student,
operations fund expenditures per student, and total
expenditures per student.
(D) The amount of the school's education fund expenditures
and the percentage of total expenditures that are from the
education fund.
(E) Teacher/pupil ratios totaled by class, grade, and school.
(F) Administrator/pupil ratio for the school.
(G) Teacher attendance rates totaled by class, grade, and
school.
(3) Achievement on the annual performance objectives identified
under IC 20-25-11.
(4) The performance objectives established under IC 20-25-11 for
the upcoming school year.
(5) State and school city averages for each of the measures set
forth in subdivisions (1) through (2), if available.
HEA 1638 — CC 1 15
SECTION 17. IC 20-25-10-2, AS ADDED BY P.L.1-2005,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. The plan modified, developed, and
implemented under this chapter must do the following:
(1) Provide for efforts to increase support of the schools by:
(A) the parents of students; and
(B) the neighborhood communities surrounding the schools.
(2) Establish student performance improvement levels for
students in each school in the school city that are not less rigorous
than the student performance improvement levels developed
under IC 20-31.
(3) Provide opportunity and support for the educators in each
school to develop a school plan, including:
(A) traditional or innovative methods and approaches to
improve student achievement; and
(B) efficient and cost effective management efforts in the
school;
that are developed consistently with IC 20-25-12-1 and with the
board's plan developed under this chapter.
(4) Require annual reports identifying the progress of student
achievement for each school as described in IC 20-20-8-8 and
IC 20-25-9-6.
(5) Provide for the effective evaluation of:
(A) each school in the school city; and
(B) the school's educators;
including the consideration of student achievement in the school.
(6) Provide a range of opportunity for remediation of students
who:
(A) fail to meet state achievement standards; or
(B) are at risk of academic failure.
(7) Require action to raise the level of performance of a school if
the school's students fail to achieve student performance
improvement levels established for the school under
IC 20-25-11-1.
SECTION 18. IC 20-26-5-34.2, AS AMENDED BY P.L.92-2020,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 34.2. A school corporation shall provide training
to the school corporation's employees and volunteers who have direct,
ongoing contact with students concerning the school's bullying
prevention and reporting policy adopted under IC 20-33-8-13.5. The
training shall be conducted in a manner prescribed by the state board
under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.
HEA 1638 — CC 1 16
SECTION 19. IC 20-26-7-18, AS AMENDED BY P.L.244-2017,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 18. Subject to IC 5-1-11.5, and IC 5-3-1-3(h), a
school corporation may issue and sell bonds under the general statutes
governing the issuance of bonds to purchase and improve buildings or
lands, or both. All laws relating to approval (if required) in a local
public question under IC 6-1.1-20, the filing of petitions,
remonstrances, and objecting petitions, giving notices of the filing of
petitions, the determination to issue bonds, and the appropriation of the
proceeds of the bonds are applicable to the issuance of bonds under
section 17 of this chapter.
SECTION 20. IC 20-26-13-13, AS AMENDED BY P.L.125-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 13. For any school that cannot provide written
proof supporting the school's determination to include a student under
any one (1) of clauses (A) through (K) of STEP THREE of section
10(a) of this chapter, the department shall require the publication of the
corrected graduation rate in the next school year's report required under
IC 20-20-8-3. in the manner prescribed by the department.
SECTION 21. IC 20-26-18.2-2, AS AMENDED BY SEA 486-2023,
SECTION 6, AND AS AMENDED BY HEA 1492-2023, SECTION
22, IS CORRECTED AND AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 2. (a) A school resource officer may
be employed:
(1) by one (1) or more school corporations or charter schools
through a contract between a local law enforcement agency and
the school corporation or school corporations or the charter school
or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or charter
schools through a memorandum of understanding between the
local law enforcement agency and the school corporation or
school corporations or the charter school or charter schools; or
(4) through a contract between an Indiana business that employs
persons who meet the qualifications of a school resource officer
and the school corporation or school corporations or the charter
school or charter schools.
(b) This subsection does not apply to a school corporation that only
has full-time school resource officers who are either employees of the
school corporation's school police department or are employees of the
school corporation who have successfully completed the law
HEA 1638 — CC 1 17
enforcement basic training requirements described in IC 5-2-1-9(d).
After June 30, 2023, if a school corporation or charter school enters
into a contract for a school resource officer, the school corporation or
charter school must enter into a memorandum of understanding with
the law enforcement agency that employs or appointed the law
enforcement officer who will perform the duties of a school resource
officer. The memorandum of understanding must state the nature and
scope of a school resource officer's duties and responsibilities. A school
resource officer's duties and responsibilities include the duty to assist
the school corporation's or charter school's school safety specialist
specialists and safe school committees with the development and
implementation of a school safety plans. plan that does the following:
(1) Protects against outside threats to the physical safety of
students.
(2) Prevents unauthorized access to school property.
(3) Secures schools against violence and natural disasters.
(4) Identifies the location of any bleeding control kits (as defined
in IC 20-34-3-24(a)).
(c) A school resource officer shall consult with local law
enforcement officials and first responders when assisting the school
corporation's or charter school's school safety specialist specialists and
safe school committees in the development of the school safety plan.
(d) A school resource officer shall participate in the development
and implementation of programs designed to identify, assess, and
provide assistance to troubled youth. youth who are at high risk of
experiencing a mental health crisis or becoming juvenile offenders.
(e) A school resource officer may not be reassigned to other duties
by the school corporation.
SECTION 22. IC 20-28-3-3.5, AS AMENDED BY P.L.92-2020,
SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3.5. The guidelines developed under section 3 of
this chapter must incorporate methods that assist individuals in
developing competency in employing approaches to create positive
classroom and school climates that are culturally responsive, including:
which may include:
(1) classroom management strategies;
(2) restorative justice;
(3) positive behavioral interventions and supports;
(4) social and emotional training as described in IC 12-21-5-2,
IC 20-19-3-12, and IC 20-26-5-34.2; and
(5) conflict resolution.
SECTION 23. IC 20-28-3-4.5, AS AMENDED BY P.L.92-2020,
HEA 1638 — CC 1 18
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4.5. (a) Each school corporation, charter school,
and state accredited nonpublic school shall require each school
employee likely to have direct, ongoing contact with children within
the scope of the employee's employment to attend or participate in
training on child abuse and neglect, including:
(1) training on the duty to report suspected child abuse or neglect
under IC 31-33-5; and
(2) training on recognizing possible signs of child abuse or
neglect;
in a manner prescribed by the state board under IC 20-28-5.5-1 or
IC 20-28-5.5-1.5.
(b) The training required under this section must count toward the
requirements for professional development required by the governing
body.
(c) In the event the state board does not require training to be
completed as part of a teacher preparation program under
IC 20-28-5.5-1, the training required under this section must be during
the school employee's contracted day or at a time chosen by the
employee.
SECTION 24. IC 20-28-3-6, AS AMENDED BY P.L.92-2020,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) For purposes of this section, "teacher"
includes the following:
(1) A superintendent who holds a license under IC 20-28-5.
(2) A principal.
(3) A teacher.
(4) A librarian.
(5) A school counselor.
(6) A school psychologist.
(7) A school nurse.
(8) A school social worker.
(b) Beginning after June 30, 2018, each school corporation, charter
school, and state accredited nonpublic school:
(1) shall require all teachers; and
(2) may require any other appropriate school employees;
who are employed at schools that provide instruction to students in any
combination of grade 5, 6, 7, 8, 9, 10, 11, or 12 to attend or participate
in research based inservice youth suicide awareness and prevention
training in a manner prescribed by the state board under IC 20-28-5.5-1
or IC 20-28-5.5-1.5. The training required under this subsection must
be during the teacher's or school employee's contracted day or at a time
HEA 1638 — CC 1 19
chosen by the teacher or employee.
(c) The inservice training required under this section shall count
toward the requirements for professional development required by the
governing body.
(d) A school or school corporation may leverage any:
(1) existing or new state and federal grant funds; or
(2) free or reduced cost evidence based youth suicide awareness
and prevention training provided by any state agency or qualified
statewide or local organization;
to cover the costs of the training required under this section.
SECTION 25. IC 20-28-3-7, AS AMENDED BY SEA 486-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Each school corporation and state accredited
nonpublic school shall require all school employees likely to have
direct, ongoing contact with children within the scope of the
employee's employment to attend or participate in inservice training
pertaining to the identification and reporting of human trafficking. The
training shall be conducted in a manner prescribed by the state board
under IC 20-28-5.5-1 and after June 30, 2024, the training may be
offered through the online platform established or licensed for use
under IC 20-19-3-29 if available. or IC 20-28-5.5-1.5.
(b) The inservice training required under this section shall count
toward the requirements for professional development required by the
governing body or the equivalent authority for a state accredited
nonpublic school.
SECTION 26. IC 20-28-5-15, AS AMENDED BY P.L.92-2020,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 15. (a) Notwithstanding section 3(b)(6) of this
chapter, the department shall grant an initial practitioner's license in a
specific subject area to an applicant who:
(1) has earned a postgraduate degree from a regionally accredited
postsecondary educational institution in the subject area in which
the applicant seeks to be licensed;
(2) has at least one (1) academic year of experience teaching
students in a middle school, high school, or college classroom
setting; and
(3) complies with sections 4 and 12 of this chapter.
(b) An individual who receives an initial practitioner's license under
this section may teach in the specific subject for which the individual
is licensed only in:
(1) high school; or
(2) middle school;
HEA 1638 — CC 1 20
if the subject area is designated by the state board as having an
insufficient supply of licensed teachers.
(c) After receiving an initial practitioner's license under this section,
an applicant who seeks to renew the applicant's initial practitioner's
license or obtain a proficient practitioner's license must:
(1) demonstrate that the applicant has:
(A) participated in cultural competency professional
development activities;
(B) obtained training and information from a special education
teacher concerning exceptional learners; and
(C) received:
(i) training or certification that complies; or
(ii) an exemption from compliance;
with the standards prescribed by the state board under
IC 20-28-5.5-1(b) or IC 20-28-5.5-1.5; and
(2) meet the same requirements as other candidates.
SECTION 27. IC 20-28-5-18, AS AMENDED BY P.L.139-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 18. (a) This section applies to an individual who:
(1) holds a valid teaching license issued by another state
(excluding a teaching license equivalent to an Indiana temporary
or emergency teaching license) in the same content area or areas
for which the individual is applying for a license in Indiana; and
(2) was required to pass a content licensure test to obtain the
license described in subdivision (1).
(b) Notwithstanding sections 3 and 12 of this chapter, the
department shall grant one (1) of the following licenses to an individual
described in subsection (a):
(1) If the individual has less than two (2) years of full-time
teaching experience, an initial practitioner's license.
(2) If the individual has at least two (2) years of full-time teaching
experience, a practitioner's license.
(3) If the individual has a master's degree from a regionally
accredited institution and at least two (2) years of full-time
teaching experience, an accomplished practitioner's license.
(c) An individual who is granted a license under this section shall
comply with the training or certification requirements prescribed by the
state board under IC 20-28-5.5-1(b) or IC 20-28-5.5-1.5.
SECTION 28. IC 20-28-5.5-1, AS AMENDED BY P.L.56-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) Subject to section 1.5 of this chapter, the
state board shall determine the timing, frequency, whether training
HEA 1638 — CC 1 21
requirements can be combined or merged, and the method of training,
including whether the training should be required for purposes of
obtaining or renewing a license under IC 20-28-5, or, in consultation
with teacher preparation programs (as defined in IC 20-28-3-1(b)), as
part of the completion requirements for a teacher preparation program
for training required under the following sections:
IC 20-26-5-34.2.
IC 20-28-3-4.5.
IC 20-28-3-6.
IC 20-28-3-7.
IC 20-34-7-6.
IC 20-34-7-7.
IC 20-34-8-9.
However, nothing in this subsection shall be construed to authorize the
state board to suspend or otherwise eliminate training requirements
described in this subsection.
(b) Subject to section 1.5 of this chapter, in addition to the
training described in subsection (a), the department shall, in a manner
prescribed by the state board:
(1) ensure a teacher has training in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway;
(C) the Heimlich maneuver; and
(D) the use of an automated external defibrillator;
(2) ensure a teacher holds a valid certification in each of the
procedures described in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
state board; or
(3) determine if a teacher has physical limitations that make it
impracticable to complete a course or certification described in
subdivision (1) or (2).
The state board shall determine the timing, frequency, whether training
requirements can be combined or merged, and the method of training
or certification, including whether the training or certification should
be required for purposes of obtaining or renewing a license under
IC 20-28-5, or, in consultation with teacher preparation programs (as
defined in IC 20-28-3-1(b)), as part of the completion requirements for
a teacher preparation program. However, the frequency of the training
HEA 1638 — CC 1 22
may not be more frequent and the method of training may not be more
stringent than required in IC 20-28-5-3(c) through IC 20-28-5-3(e), as
in effect on January 1, 2020. Nothing in this subsection shall be
construed to authorize the state board to suspend or otherwise eliminate
training requirements described in this subsection.
(c) The state board may recommend to the general assembly, in a
report in an electronic format under IC 5-14-6, to eliminate training
requirements described in subsection (a) or (b).
(d) In determining the training requirements for a school
corporation, charter school, or state accredited nonpublic school for
training required under:
(1) IC 20-26-5-34.2;
(2) IC 20-28-3-4.5;
(3) IC 20-28-3-6; or
(4) IC 20-28-3-7;
the state board may consider whether a particular teacher received the
training described in this subsection as part of the teacher's licensing
requirements or at a teacher preparation program when determining
whether the particular teacher is required to receive the training by the
school corporation, charter school, or state accredited nonpublic
school.
SECTION 29. IC 20-28-5.5-1.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1.5. After June 30, 2024, if an
online platform is established or licensed for use under
IC 20-19-3-29, the training described in any of the following
statutes must be provided through the online platform:
IC 20-20-39.
IC 20-26-5-34.2.
IC 20-26-5-34.4.
IC 20-26-9-8.
IC 20-28-3-4.5.
IC 20-28-3-6.
IC 20-28-3-7.
IC 20-28-5.5-1.
IC 20-30-12-2.
IC 20-34-3-24.
IC 20-34-7-6.
IC 20-34-7-7.
IC 20-34-8-9.
IC 20-35.5.
SECTION 30. IC 20-31-2-2 IS REPEALED [EFFECTIVE JULY 1,
HEA 1638 — CC 1 23
2023]. Sec. 2. "Annual report" refers to the school corporation annual
performance report required by IC 20-20-8.
SECTION 31. IC 20-31-3-1, AS AMENDED BY P.L.168-2022,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) The state board shall adopt clear,
concise, and jargon free state academic standards that are comparable
to national and international academic standards and the college and
career readiness educational standards adopted under IC 20-19-2-14.5.
These academic standards must be adopted for each grade level from
kindergarten through grade 12 for the following subjects:
(1) English/language arts.
(2) Mathematics.
(3) Social studies.
(4) Science.
(b) For grade levels tested under the statewide assessment program,
the academic standards must be based in part on the results of the
statewide assessment program.
(c) The state board shall, in consultation with postsecondary
educational institutions and various businesses and industries, identify
what skills or traits students need to be successful upon completion of
high school. The department must conduct a research study to define
essential postsecondary skills to promote enlistment, enrollment, and
employment. The study must inform a reduction in high school
standards to align to essential skills needed for postsecondary success.
The study must be submitted to the state board and to the general
assembly in an electronic format under IC 5-14-6 on or before
December 1, 2022. Not later than June 1, 2023, the department must
provide recommended reductions to the Indiana academic standards
with a goal of defining no more than thirty-three percent (33%) of the
number of academic standards in effect on July 1, 2022, as essential for
grades 9 through 12 to the state board. Additional standards may be
included for vertical articulation to ensure academic and postsecondary
success, not to exceed seventy-five percent (75%) of the academic
standards in effect on July 1, 2022. Not later than June 1, 2024, 2023,
the department must provide recommended reductions to the Indiana
academic standards with a goal of defining no more than thirty-three
percent (33%) of the number of academic standards in effect on July 1,
2022, as essential for kindergarten through grade 8 to the state board.
Additional standards may be included for vertical articulation to ensure
academic and postsecondary success, not to exceed seventy-five
percent (75%) of the academic standards in effect on July 1, 2022. A
realignment of the ILEARN assessment reflecting the reduction must
HEA 1638 — CC 1 24
be completed not later than March 1, 2025.
(d) Upon receipt and review of the information received under
subsection (c), the state board shall adopt Indiana academic standards
for grades 9 through 12 and subsequently for kindergarten through
grade 8 relating to academic standards needed to meet the skills or
traits identified by the study. The academic standards developed under
this subsection must be included within the reduced number of
academic standards required by subsection (c). The department shall
submit the academic standards to the state board for approval in a
manner prescribed by the state board and the state board shall approve
academic standards in accordance with the requirements described in
this subsection not later than June July 1, 2024. 2023. Standards
approved under this subsection must be implemented for the
2023-2024 school year and each school year thereafter.
SECTION 32. IC 20-31-3-1, AS AMENDED BY HEA 1558-2023,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) Subject to section 2.5 of this chapter, the
state board shall adopt clear, concise, and jargon free state academic
standards that are comparable to national and international academic
standards and the college and career readiness educational standards
adopted under IC 20-19-2-14.5. These academic standards must be
adopted for each grade level from kindergarten through grade 12 for
the following subjects:
(1) English/language arts.
(2) Mathematics.
(3) Social studies.
(4) Science.
(b) For grade levels tested under the statewide assessment program,
the academic standards must be based in part on the results of the
statewide assessment program.
(c) The state board shall, in consultation with postsecondary
educational institutions and various businesses and industries, identify
what skills or traits students need to be successful upon completion of
high school. The department must conduct a research study to define
essential postsecondary skills to promote enlistment, enrollment, and
employment. The study must inform a reduction in high school
standards to align to essential skills needed for postsecondary success.
The study must be submitted to the state board and to the general
assembly in an electronic format under IC 5-14-6 on or before
December 1, 2022. Not later than June 1, 2023, the department must
provide recommended reductions to the Indiana academic standards
with a goal of defining no more than thirty-three percent (33%) of the
HEA 1638 — CC 1 25
number of academic standards in effect on July 1, 2022, as essential for
grades 9 through 12 to the state board. Additional standards may be
included for vertical articulation to ensure academic and postsecondary
success, not to exceed seventy-five percent (75%) of the academic
standards in effect on July 1, 2022. Not later than June 1, 2024, 2023,
the department must provide recommended reductions to the Indiana
academic standards with a goal of defining no more than thirty-three
percent (33%) of the number of academic standards in effect on July 1,
2022, as essential for kindergarten through grade 8 to the state board.
Additional standards may be included for vertical articulation to ensure
academic and postsecondary success, not to exceed seventy-five
percent (75%) of the academic standards in effect on July 1, 2022. A
realignment of the ILEARN assessment reflecting the reduction must
be completed not later than March 1, 2025.
(d) Upon receipt and review of the information received under
subsection (c), the state board shall adopt Indiana academic standards
for grades 9 through 12 and subsequently for kindergarten through
grade 8 relating to academic standards needed to meet the skills or
traits identified by the study. The academic standards developed under
this subsection must be included within the reduced number of
academic standards required by subsection (c). The department shall
submit the academic standards to the state board for approval in a
manner prescribed by the state board and the state board shall approve
academic standards in accordance with the requirements described in
this subsection not later than June July 1, 2024. 2023. Standards
approved under this subsection must be implemented for the
2023-2024 school year and each school year thereafter.
(e) Beginning with the 2024-2025 school year, the state board, in
developing academic standards for reading, shall implement academic
standards that are:
(1) aligned with the science of reading; and
(2) developmentally appropriate based on student need.
SECTION 33. IC 20-31-3-3, AS AMENDED BY P.L.168-2022,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 3. (a) The department shall revise and update
academic standards:
(1) for each grade level from kindergarten through grade 12; and
(2) in each subject area listed in section 2 of this chapter;
at least once every six (6) years in addition to the requirements
described in section 1(c) and 1(d) of this chapter. This revision must
occur on a cyclical basis.
(b) The department, in revising and updating academic
HEA 1638 — CC 1 26
standards under subsection (a), shall do the following:
(1) Consider the skills, knowledge, and practices:
(A) that are necessary to understand and utilize emerging
technologies; and
(B) that may be rendered obsolete by emerging
technologies.
(2) Consider for removal any academic standards that may be
obsolete as a result of emerging technologies.
(3) Provide support to school corporations regarding the
implementation of revised and updated academic standards
that have an emerging technologies component.
SECTION 34. IC 20-31-3-4, AS AMENDED BY SEA 443-2023,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. The secretary of education shall appoint an
academic standards committee composed of:
(1) subject area teachers with subject matter expertise;
(2) higher education representatives with subject matter expertise;
(3) employers; and
(4) parents;
that is racially and geographically diverse during the period when a
subject area is undergoing revision.
SECTION 35. IC 20-31-8-2, AS AMENDED BY P.L.242-2017,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) In addition to scores on the statewide
assessment program test and other assessments, the department shall
use the performance indicators developed by the state board and the
benchmarks and indicators of performance in each school corporation's
annual performance report as a secondary means of assessing the
performance of each school and school corporation.
(b) The department shall assess school performance in the following
manner:
(1) Compare the academic performance and growth of the
individual students in each school and each school corporation
with the prior academic performance and growth of the individual
students in the school or school corporation and not to the
performance of other schools or school corporations.
(2) Compare the results in the annual report under IC 20-20-8
with the benchmarks and indicators of performance established in
the plan for the same school.
(3) (2) Compare the results for a school by comparing each
student's results for each grade with the student's prior year
results, with an adjustment for student mobility rate.
HEA 1638 — CC 1 27
(4) (3) Compare the results for a school with the state average and
the ninety-fifth percentile level for all assessments and
performance indicators.
SECTION 36. IC 20-31-11 IS REPEALED [EFFECTIVE JULY 1,
2023]. (Performance Based Awards).
SECTION 37. IC 20-34-7-6, AS AMENDED BY P.L.92-2020,
SECTION 87, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) As used in this section, "football" does not
include flag football.
(b) Prior to coaching football to individuals who are less than twenty
(20) years of age and are in grades 1 through 12, each head football
coach and assistant football coach shall complete a certified coaching
education course that:
(1) is sport specific;
(2) contains player safety content, including content on:
(A) concussion awareness;
(B) equipment fitting;
(C) heat emergency preparedness; and
(D) proper technique;
(3) requires a coach to complete a test demonstrating
comprehension of the content of the course; and
(4) awards a certificate of completion to a coach who successfully
completes the course.
(c) For a coach's completion of a course to satisfy the requirement
imposed by subsection (b), the course must have been approved by the
department.
(d) A coach shall complete a course in a manner prescribed by the
state board under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.
(e) An organizing entity shall maintain a file of certificates of
completion awarded under subsection (b)(4) to any of the organizing
entity's head coaches and assistant coaches.
(f) A coach who complies with this chapter and provides coaching
services in good faith is not personally liable for damages in a civil
action as a result of a concussion or head injury incurred by an athlete
participating in an athletic activity in which the coach provided
coaching services, except for an act or omission by the coach that
constitutes gross negligence or willful or wanton misconduct.
SECTION 38. IC 20-34-7-7, AS AMENDED BY P.L.92-2020,
SECTION 88, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Except as provided in subsection (c)(2), this
section applies after June 30, 2017.
(b) This section applies to a head coach or assistant coach who:
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(1) coaches any:
(A) interscholastic sport; or
(B) intramural sport and elects to comply or as part of the head
coach's or assistant coach's coaching certification requirements
is required to comply with this chapter; and
(2) is not subject to section 6 of this chapter.
(c) Before coaching a student athlete in any sport, a head coach and
every assistant coach described in subsection (b) must complete a
certified coaching education course that:
(1) contains player safety content on concussion awareness;
(2) after December 31, 2018, includes content for prevention of
or response to heat related medical issues that may arise from a
student athlete's training;
(3) requires a head coach or an assistant coach to complete a test
demonstrating comprehension of the content of the course; and
(4) awards a certificate of completion to a head coach or an
assistant coach who successfully completes the course.
(d) A course described in subsection (c) must be approved by the
department, in consultation with a physician licensed under IC 25-22.5.
The consulting physician for a course described in subsection (c)(1)
must have expertise in the area of concussions and brain injuries. The
department may, in addition to consulting with a physician licensed
under IC 25-22.5, consult with other persons who have expertise in the
area of concussions and brain injuries when developing a course
described in subsection (c)(1).
(e) A head coach and every assistant coach described in subsection
(b) must complete a course described in subsection (c) in a manner
prescribed by the state board under IC 20-28-5.5-1 or
IC 20-28-5.5-1.5.
(f) Each school shall maintain all certificates of completion awarded
under subsection (c)(4) to each of the school's head coaches and
assistant coaches.
(g) A head coach or an assistant coach described in subsection (b)
who complies with this chapter and provides coaching services in good
faith is not personally liable for damages in a civil action as a result of
a concussion or head injury incurred by a student athlete participating
in an athletic activity for which the head coach or the assistant coach
provided coaching services, except for an act or omission by the head
coach or the assistant coach that constitutes gross negligence or willful
or wanton misconduct.
SECTION 39. IC 20-34-8-9, AS ADDED BY P.L.56-2021,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HEA 1638 — CC 1 29
JULY 1, 2023]: Sec. 9. (a) This section applies to:
(1) a head coach or assistant coach who coaches an athletic
activity;
(2) a marching band leader; or
(3) a leader of an extracurricular activity in which students have
an increased risk of sudden cardiac arrest activity as determined
by the department in consultation with an organization that
specializes in the prevention of sudden cardiac arrest.
(b) An individual described in subsection (a) shall complete the
sudden cardiac arrest training course offered by a provider approved by
the department in a manner specified by the state board under
IC 20-28-5.5-1 or IC 20-28-5.5-1.5. An individual described in
subsection (a) may not coach or lead the athletic activity until the
individual completes the training course required under this subsection.
The provider shall provide the school with a certificate of completion
to the school corporation, charter school, or state accredited nonpublic
school for each individual who completes a course under this
subsection.
(c) Each school corporation, charter school, or state accredited
nonpublic school shall maintain all certificates of completion awarded
under subsection (b) for each individual described in subsection (a).
(d) An individual described in subsection (a) who complies with this
section and provides coaching or leadership services in good faith is
not personally liable for damages in a civil action as a result of a
sudden cardiac arrest incurred by an applicable student participating in
an athletic activity for which the head coach, assistant coach, marching
band leader, or other applicable leader provided coaching or leadership
services, except for an act or omission by the individual described in
subsection (a) that constitutes gross negligence or willful or wanton
misconduct.
SECTION 40. IC 20-37-3 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]:
Chapter 3. Reporting of Students Enrolled in Work Based
Learning Courses
Sec. 1. This chapter applies to a student enrolled in a work
based learning course after December 31, 2023.
Sec. 2. As used in this chapter, "work based learning course"
has the meaning set forth in IC 20-43-8-0.7.
Sec. 3. An employer employing a student enrolled in a work
based learning course in conjunction with the student's
employment shall report the employment of the student to the
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department of workforce development in the manner prescribed
by the department of workforce development under IC 22-4.1-4-14.
Sec. 4. A school providing a work based learning course to a
student shall ensure that completion of the work based learning
course is indicated on the student's transcript.
SECTION 41. IC 20-48-1-1, AS AMENDED BY P.L.244-2017,
SECTION 112, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 1. (a) As used in this section,
"improvement of real estate" includes:
(1) construction, reconstruction, remodeling, alteration, or repair
of buildings or additions to buildings;
(2) equipment related to activities specified in subdivision (1);
and
(3) auxiliary facilities related to activities specified in subdivision
(1), including facilities for:
(A) furnishing water, gas, and electricity;
(B) carrying and disposing of sewage and storm and surface
water drainage;
(C) housing of school owned buses;
(D) landscaping of grounds; and
(E) construction of walks, drives, parking areas, playgrounds,
or facilities for physical training.
(b) Subject to IC 5-1-11.5, and IC 5-3-1-3(h), a school corporation
is authorized to issue bonds to pay the:
(1) cost of acquisition and improvement of real estate for school
purposes;
(2) funding of judgments;
(3) cost of the purchase of school buses; and
(4) incidental expenses incurred in connection with and on
account of the issuance of the bonds.
SECTION 42. IC 21-43-9-4, AS ADDED BY P.L.216-2021,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) Model guidance and informational resources
that incorporate secondary work based learning and postsecondary
enrollment opportunities under this chapter must include the following:
(1) At least one (1) model of a codevelopment process that
describes roles and responsibilities of secondary, postsecondary,
and employer stakeholders.
(2) A model of a faculty led process to align postsecondary
learning outcomes and secondary career and technical education
standards.
(3) A model of a codevelopment process for the development of
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secondary student learning assessments that enables eligibility for
postsecondary credit.
(4) Procedures to document and formalize the secondary,
postsecondary, and employer partnership agreement.
(5) Recommended timelines for codevelopment, implementation,
and course content update.
(6) Applicable legal or regulatory requirements, including a
requirement that postsecondary educational institutions
ensure that a student's completion of a work based learning
course is indicated on the student's transcript.
(7) Applicable accreditation guidelines of state educational
institutions.
(8) Other informational or best practice resources related to
development and implementation of postsecondary enrollment
opportunities through work based learning experiences.
(b) Not later than January 1, 2022, the governor shall direct the
commission for higher education, the department, and the cabinet to
publish model guidance and information resources prepared under
subsection (a) on its respective Internet web site. website.
SECTION 43. IC 22-4.1-4-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 14. Not later than January 1,
2024, the department shall prescribe the form and manner in
which an employer is required to report the employment of a
student enrolled in a work based learning course under
IC 20-37-3-3.
SECTION 44. IC 34-30-14-7, AS AMENDED BY P.L.92-2020,
SECTION 108, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 7. A teacher:
(1) who meets the training or certification requirements
prescribed by the state board under IC 20-28-5.5-1(b) or
IC 20-28-5.5-1.5; and
(2) who:
(A) performs cardiopulmonary resuscitation on;
(B) performs the Heimlich maneuver on;
(C) removes a foreign body that is obstructing an airway of; or
(D) uses an automated external defibrillator on;
another person, in the course of employment as a teacher;
is not liable in a civil action for damages resulting from an act or
omission occurring during the provision of emergency assistance under
this section, unless the act or omission constitutes gross negligence or
willful and wanton misconduct.
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SECTION 45. An emergency is declared for this act.
HEA 1638 — CC 1 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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