IN
Indiana Senate Bill SB0486

Indiana 2023 Regular Session

Indiana Senate Bill SB0486 Compare Versions

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1+*ES0486.2*
2+Reprinted
3+April 13, 2023
4+ENGROSSED
5+SENATE BILL No. 486
6+_____
7+DIGEST OF SB 486 (Updated April 12, 2023 1:03 pm - DI 143)
8+Citations Affected: IC 5-14; IC 20-19; IC 20-26; IC 20-28; IC 20-29;
9+IC 20-34; IC 20-43; IC 20-50; IC 31-36; noncode.
10+Synopsis: Education matters. Repeals teacher training requirements
11+regarding: (1) criminal gang organizations awareness; (2) certain
12+information concerning homeless students; and (3) recognizing the
13+signs and symptoms of seizures and the appropriate steps to be taken
14+to respond to the symptoms; and requires that information concerning
15+these subjects be included within the curriculum of teacher preparation
16+(Continued next page)
17+Effective: Upon passage; June 29, 2023; July 1, 2023.
18+Rogers, Raatz, Donato, Buchanan,
19+Doriot, Messmer, Gaskill, Sandlin,
20+Brown L, Johnson T, Holdman,
21+Deery, Bassler, Byrne, Niemeyer,
22+Alexander, Buck, Crane
23+(HOUSE SPONSORS — TESHKA, BEHNING, KING, JORDAN)
24+January 19, 2023, read first time and referred to Committee on Education and Career
25+Development.
26+February 2, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
27+Appropriations.
28+February 16, 2023, amended, reported favorably — Do Pass.
29+February 21, 2023, read second time, amended, ordered engrossed.
30+February 22, 2023, engrossed.
31+February 23, 2023, read third time, passed. Yeas 28, nays 20.
32+HOUSE ACTION
33+February 28, 2023, read first time and referred to Committee on Education.
34+April 10, 2023, amended, reported — Do Pass.
35+April 12, 2023, read second time, amended, ordered engrossed.
36+ES 486—LS 7241/DI 110 Digest Continued
37+programs. Provides that the department of education (department) may
38+establish or license for use an online platform to provide information
39+and training concerning these and other subjects. Removes certain
40+requirements regarding annual performance evaluation plans for
41+certificated employees, including: (1) certain content requirements; and
42+(2) certain requirements that a plan be discussed. Amends requirements
43+to be considered a probationary teacher and professional teacher.
44+Provides that, after a school corporation has assigned an evaluator to
45+perform a certificated employee's evaluation, the certificated employee
46+may request the school corporation to assign another evaluator. Urges
47+the legislative council to assign to an appropriate interim study
48+committee the task of studying current school assessments in an effort
49+to reduce and streamline assessments for Indiana students. Removes a
50+provision that requires a school employer to discuss certain items with
51+the exclusive representative of certificated employees and provides that
52+a school employer may discuss: (1) with a certificated employee or
53+group of certificated employees; or (2) at one or more meetings that are
54+open to all certificated employees; any topic that significantly impacts
55+a certificated employee's working conditions or impacts the educational
56+quality of the school employer's students. Repeals provisions
57+concerning: (1) requirements regarding the adoption of model
58+evaluation plans and an approval process for the plans; (2) the
59+obligation to discuss certain items not requiring either party to enter
60+into a contract, agree to a proposal, or make a concession; and (3) the
61+definition of "discuss" for purposes of the collective bargaining
62+provisions.
63+ES 486—LS 7241/DI 110ES 486—LS 7241/DI 110 Reprinted
64+April 13, 2023
165 First Regular Session of the 123rd General Assembly (2023)
266 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
367 Constitution) is being amended, the text of the existing provision will appear in this style type,
468 additions will appear in this style type, and deletions will appear in this style type.
569 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
670 provision adopted), the text of the new provision will appear in this style type. Also, the
771 word NEW will appear in that style type in the introductory clause of each SECTION that adds
872 a new provision to the Indiana Code or the Indiana Constitution.
973 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1074 between statutes enacted by the 2022 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 486
12-AN ACT to amend the Indiana Code concerning education.
75+ENGROSSED
76+SENATE BILL No. 486
77+A BILL FOR AN ACT to amend the Indiana Code concerning
78+education.
1379 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.197-2021,
80+1 SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.197-2021,
81+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
82+3 JULY 1, 2023]: Sec. 6.1. (a) As used in this section, "public official"
83+4 means a person:
84+5 (1) who is a member of a governing body of a public agency; or
85+6 (2) whose tenure and compensation are fixed by law and who
86+7 executes an oath.
87+8 (b) Executive sessions may be held only in the following instances:
88+9 (1) Where authorized by federal or state statute.
89+10 (2) For discussion of strategy with respect to any of the following:
90+11 (A) Collective bargaining, which does not include a
91+12 discussion or meeting under IC 20-29-6-7.
92+13 (B) Initiation of litigation or litigation that is either pending or
93+14 has been threatened specifically in writing. As used in this
94+ES 486—LS 7241/DI 110 2
95+1 clause, "litigation" includes any judicial action or
96+2 administrative law proceeding under federal or state law.
97+3 (C) The implementation of security systems.
98+4 (D) A real property transaction including:
99+5 (i) a purchase;
100+6 (ii) a lease as lessor;
101+7 (iii) a lease as lessee;
102+8 (iv) a transfer;
103+9 (v) an exchange; or
104+10 (vi) a sale;
105+11 by the governing body up to the time a contract or option is
106+12 executed by the parties. This clause does not affect a political
107+13 subdivision's duty to comply with any other statute that
108+14 governs the conduct of the real property transaction, including
109+15 IC 36-1-10 or IC 36-1-11.
110+16 (E) School consolidation.
111+17 However, all such strategy discussions must be necessary for
112+18 competitive or bargaining reasons and may not include
113+19 competitive or bargaining adversaries.
114+20 (3) For discussion of the assessment, design, and implementation
115+21 of school safety and security measures, plans, and systems.
116+22 (4) Interviews and negotiations with industrial or commercial
117+23 prospects or agents of industrial or commercial prospects by:
118+24 (A) the Indiana economic development corporation;
119+25 (B) the office of tourism development (before July 1, 2020) or
120+26 the Indiana destination development corporation (after June
121+27 30, 2020);
122+28 (C) the Indiana finance authority;
123+29 (D) the ports of Indiana;
124+30 (E) an economic development commission;
125+31 (F) the Indiana state department of agriculture;
126+32 (G) the Indiana White River state park development
127+33 commission;
128+34 (H) a local economic development organization that is a
129+35 nonprofit corporation established under state law whose
130+36 primary purpose is the promotion of industrial or business
131+37 development in Indiana, the retention or expansion of Indiana
132+38 businesses, or the development of entrepreneurial activities in
133+39 Indiana; or
134+40 (I) a governing body of a political subdivision.
135+41 However, this subdivision does not apply to any discussions
136+42 regarding research that is prohibited under IC 16-34.5-1-2 or
137+ES 486—LS 7241/DI 110 3
138+1 under any other law.
139+2 (5) To receive information about and interview prospective
140+3 employees.
141+4 (6) With respect to any individual over whom the governing body
142+5 has jurisdiction:
143+6 (A) to receive information concerning the individual's alleged
144+7 misconduct; and
145+8 (B) to discuss, before a determination, the individual's status
146+9 as an employee, a student, or an independent contractor who
147+10 is:
148+11 (i) a physician; or
149+12 (ii) a school bus driver.
150+13 (7) For discussion of records classified as confidential by state or
151+14 federal statute.
152+15 (8) To discuss before a placement decision an individual student's
153+16 abilities, past performance, behavior, and needs.
154+17 (9) To discuss a job performance evaluation of individual
155+18 employees. This subdivision does not apply to a discussion of the
156+19 salary, compensation, or benefits of employees during a budget
157+20 process.
158+21 (10) When considering the appointment of a public official, to do
159+22 the following:
160+23 (A) Develop a list of prospective appointees.
161+24 (B) Consider applications.
162+25 (C) Make one (1) initial exclusion of prospective appointees
163+26 from further consideration.
164+27 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
165+28 release and shall make available for inspection and copying in
166+29 accordance with IC 5-14-3-3 identifying information concerning
167+30 prospective appointees not initially excluded from further
168+31 consideration. An initial exclusion of prospective appointees from
169+32 further consideration may not reduce the number of prospective
170+33 appointees to fewer than three (3) unless there are fewer than
171+34 three (3) prospective appointees. Interviews of prospective
172+35 appointees must be conducted at a meeting that is open to the
173+36 public.
174+37 (11) To train school board members with an outside consultant
175+38 about the performance of the role of the members as public
176+39 officials.
177+40 (12) To prepare or score examinations used in issuing licenses,
178+41 certificates, permits, or registrations under IC 25.
179+42 (13) To discuss information and intelligence intended to prevent,
180+ES 486—LS 7241/DI 110 4
181+1 mitigate, or respond to the threat of terrorism.
182+2 (14) To train members of a board of aviation commissioners
183+3 appointed under IC 8-22-2 or members of an airport authority
184+4 board appointed under IC 8-22-3 with an outside consultant about
185+5 the performance of the role of the members as public officials. A
186+6 board may hold not more than one (1) executive session per
187+7 calendar year under this subdivision.
188+8 (15) For discussion by the governing body of a state educational
189+9 institution of:
190+10 (A) the assessment of; or
191+11 (B) negotiation with another entity concerning;
192+12 the establishment of a collaborative relationship or venture to
193+13 advance the research, engagement, or education mission of the
194+14 state educational institution. However, this subdivision does not
195+15 apply to any discussions regarding research that is prohibited
196+16 under IC 16-34.5-1-2 or under any other law.
197+17 (c) A final action must be taken at a meeting open to the public.
198+18 (d) Public notice of executive sessions must state the subject matter
199+19 by specific reference to the enumerated instance or instances for which
200+20 executive sessions may be held under subsection (b). The requirements
201+21 stated in section 4 of this chapter for memoranda and minutes being
202+22 made available to the public is modified as to executive sessions in that
203+23 the memoranda and minutes must identify the subject matter
204+24 considered by specific reference to the enumerated instance or
205+25 instances for which public notice was given. The governing body shall
206+26 certify by a statement in the memoranda and minutes of the governing
207+27 body that no subject matter was discussed in the executive session
208+28 other than the subject matter specified in the public notice.
209+29 (e) A governing body may not conduct an executive session during
210+30 a meeting, except as otherwise permitted by applicable statute. A
211+31 meeting may not be recessed and reconvened with the intent of
212+32 circumventing this subsection.
213+33 SECTION 2. IC 20-19-3-11.7, AS ADDED BY P.L.211-2018(ss),
214+34 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
215+35 JULY 1, 2023]: Sec. 11.7. (a) The department shall maintain a link on
216+36 the department's Internet web site website that provides parents and
217+37 school officials with resources or best practices regarding the
218+38 identification and reporting of human trafficking. The resources must
219+39 include
220+40 (1) guidance on how to report to law enforcement agencies
221+41 instances of human trafficking; and
222+42 (2) information that may assist school officials in complying with
223+ES 486—LS 7241/DI 110 5
224+1 inservice training requirements under IC 20-28-3-7.
225+2 (b) The department shall consult with law enforcement agencies,
226+3 school officials, and organizations that have expertise in the prevention
227+4 of human trafficking for purposes of developing or providing the
228+5 resources or best practices described in subsection (a).
229+6 SECTION 3. IC 20-19-3-20.5 IS REPEALED [EFFECTIVE JULY
230+7 1, 2023]. Sec. 20.5. (a) This section does not apply to a mediator or
231+8 independent hearing officer retained by the department before July 1,
232+9 2019.
233+10 (b) Not later than January 1, 2021, the department shall ensure that
234+11 all mediators, administrative law judges, hearing officers, and other
235+12 appointees, employees, and contractors who:
236+13 (1) are initially retained by the department after June 30, 2019;
237+14 and
238+15 (2) mediate or adjudicate disputes involving educational entities
239+16 through the department;
240+17 are effectively trained and committed to serve as both mediators and
241+18 adjudicators.
242+19 SECTION 4. IC 20-19-3-29 IS ADDED TO THE INDIANA CODE
243+20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
244+21 1, 2023]: Sec. 29. (a) Not later than July 1, 2024, the department
245+22 may establish or license for use an online platform that:
246+23 (1) provides information and training on each of the subjects
247+24 and content described in IC 20-28-3-5.5;
248+25 (2) is accessible to both teachers and students enrolled in a
249+26 teacher preparation program; and
250+27 (3) upon successful completion of the training, provides
251+28 written confirmation to a teacher or student described in
252+29 subdivision (2) that the teacher or student successfully
253+30 completed the training.
254+31 (b) Not later than July 1, 2025, the department may include the
255+32 following information and training on the online platform
256+33 described in subsection (a):
257+34 (1) Youth suicide awareness and prevention as described in
258+35 IC 20-28-3-6.
259+36 (2) 29 CFR 1910.1030 concerning bloodborne pathogens.
260+37 (3) Bullying prevention as described in IC 20-26-5-34.2.
261+38 (4) Child abuse and neglect as described in IC 20-28-3-4.5.
262+39 (5) 29 CFR 1910.147 concerning lock out/tag out.
263+40 (6) 511 IAC 5-5-5 concerning assessment training.
264+41 (c) If a teacher successfully completes a training on the online
265+42 platform, the training must count towards continuing education
266+ES 486—LS 7241/DI 110 6
267+1 required for licensure renewal, as prescribed by the department.
268+2 SECTION 5. IC 20-26-18-4 IS REPEALED [EFFECTIVE JULY 1,
269+3 2023]. Sec. 4. A school corporation shall establish the following
270+4 educational programs in its efforts to address criminal organization
271+5 activity:
272+6 (1) An evidence based educational criminal organization
273+7 awareness program for students, school employees, and parents.
274+8 (2) A school employee development program to provide training
275+9 to school employees in the implementation of the criminal
276+10 organization policy established under section 2 of this chapter.
277+11 SECTION 6. IC 20-26-18.2-2, AS AMENDED BY P.L.139-2022,
278+12 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
279+13 JULY 1, 2023]: Sec. 2. (a) A school resource officer may be employed:
280+14 (1) by one (1) or more school corporations or charter schools
281+15 through a contract between a local law enforcement agency and
282+16 the school corporation or school corporations or the charter school
283+17 or charter schools;
284+18 (2) by one (1) or more school corporations or charter schools;
285+19 (3) by a local law enforcement agency that assigns the school
286+20 resource officer to one (1) or more school corporations or charter
287+21 schools through a memorandum of understanding between the
288+22 local law enforcement agency and the school corporation or
289+23 school corporations or the charter school or charter schools; or
290+24 (4) through a contract between an Indiana business that employs
291+25 persons who meet the qualifications of a school resource officer
292+26 and the school corporation or school corporations or the charter
293+27 school or charter schools.
294+28 (b) This subsection does not apply to a school corporation that only
295+29 has full-time school resource officers who are either employees of the
296+30 school corporation's school police department or are employees of the
297+31 school corporation who have successfully completed the law
298+32 enforcement basic training requirements described in IC 5-2-1-9(d).
299+33 After June 30, 2023, if a school corporation or charter school enters
300+34 into a contract for a school resource officer, the school corporation or
301+35 charter school must enter into a memorandum of understanding with
302+36 the law enforcement agency that employs or appointed the law
303+37 enforcement officer who will perform the duties of a school resource
304+38 officer. The memorandum of understanding must state the nature and
305+39 scope of a school resource officer's duties and responsibilities. A school
306+40 resource officer's duties and responsibilities include the duty to assist
307+41 the school corporation's school safety specialist with the development
308+42 and implementation of a school safety plan that does the following:
309+ES 486—LS 7241/DI 110 7
310+1 (1) Protects against outside threats to the physical safety of
311+2 students.
312+3 (2) Prevents unauthorized access to school property.
313+4 (3) Secures schools against violence and natural disasters.
314+5 (4) On or before July 1, 2020, Identifies the location of any
315+6 bleeding control kits (as defined in IC 20-34-3-24(a)).
316+7 (c) A school resource officer shall consult with local law
317+8 enforcement officials and first responders when assisting the school
318+9 corporation's school safety specialist in the development of the school
319+10 safety plan.
320+11 (d) A school resource officer shall participate in the development of
321+12 programs designed to identify, assess, and provide assistance to
322+13 troubled youth.
323+14 (e) A school resource officer may not be reassigned to other duties
324+15 by the school corporation.
325+16 SECTION 7. IC 20-28-3-1, AS AMENDED BY P.L.41-2022,
326+17 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
327+18 JULY 1, 2023]: Sec. 1. (a) As used in this section, "teacher candidate"
328+19 means an individual recommended for an initial teaching license from
329+20 a teacher preparation program located in Indiana.
330+21 (b) As used in this section, "teacher preparation program" includes,
331+22 but is not limited to, the following:
332+23 (1) A teacher education school or department.
333+24 (2) A transition to teaching program under IC 20-28-4.
334+25 (3) Any other entity approved by the department to offer a course
335+26 of study leading to an initial teaching license.
336+27 (c) The department shall:
337+28 (1) arrange a statewide system of professional instruction for
338+29 teacher education;
339+30 (2) accredit and review teacher preparation programs that comply
340+31 with the rules of the department;
341+32 (3) approve content area licensure programs for particular kinds
342+33 of teachers in accredited teacher preparation programs; and
343+34 (4) specify the types of licenses for individuals who complete
344+35 programs of approved courses.
345+36 (d) The department shall work with teacher preparation programs to
346+37 develop a system of teacher education that ensures individuals who
347+38 complete teacher preparation programs are able to meet the highest
348+39 professional standards.
349+40 (e) Before July 1, 2015, the department shall establish standards for
350+41 the continuous improvement of program processes and the performance
351+42 of individuals who complete teacher preparation programs. The state
352+ES 486—LS 7241/DI 110 8
353+1 board shall adopt rules containing the standards not later than two
354+2 hundred seventy (270) days after the department finishes the standards.
355+3 (f) The standards established under subsection (e) must include
356+4 benchmarks for performance, including test score data for each teacher
357+5 preparation entity on content area licensure tests and test score data for
358+6 each teacher preparation entity on pedagogy licensure tests.
359+7 (g) Each teacher preparation program shall annually report the
360+8 program's performance on the standards and benchmarks established
361+9 under this section to the department. The department shall make the
362+10 information reported under this subsection available to the public on
363+11 the department's Internet web site. website. Each teacher preparation
364+12 program shall make the information reported under this subsection
365+13 available to the public on the teacher preparation program's Internet
366+14 web site. website. In addition to reporting performance, each teacher
367+15 preparation program must report to the department the following:
368+16 (1) The attrition, retention, and completion rates of teacher
369+17 candidates for the previous three (3) calendar years. The teacher
370+18 preparation program must also provide underlying data, as
371+19 determined by the department, used as part of calculating the
372+20 teacher preparation program's retention rates.
373+21 (2) The number of teacher candidates in each content area who
374+22 complete the teacher preparation program during the year,
375+23 disaggregated by ranges of cumulative grade point averages.
376+24 (3) The number of teacher candidates in each content area who,
377+25 during the year:
378+26 (A) do not pass a content area licensure examination; and
379+27 (B) do not retake the content area licensure examination.
380+28 (h) In making information available to the public on the
381+29 department's Internet web site, website, the department shall include
382+30 in the report under subsection (g), in addition to the matrix ratings
383+31 described in subsection (i), the following information:
384+32 (1) Average scaled or standard scores of teacher candidates who
385+33 complete teacher preparation programs on basic skills, content
386+34 area, and pedagogy licensure examinations.
387+35 (2) The average number of times teacher candidates who
388+36 complete a teacher preparation program take each licensing test
389+37 before receiving a passing score and the percentage of teacher
390+38 candidates who receive a passing score on each licensing test on
391+39 the teacher candidates' first attempts.
392+40 (i) Not later than July 30, 2016, the department and the commission
393+41 for higher education, in conjunction with the state board, the
394+42 Independent Colleges of Indiana, Inc., and teacher preparation
395+ES 486—LS 7241/DI 110 9
396+1 programs, shall establish a matrix rating system for teacher preparation
397+2 programs based on the performance of the programs as demonstrated
398+3 by the data collected under subsections (g) and (h). and information
399+4 reported to the department under IC 20-28-11.5-9. The matrix rating
400+5 system may not rank or compare teacher preparation programs. The
401+6 matrix rating system must be based on data collected for teachers who
402+7 initially receive their teaching license during the previous three (3)
403+8 years. The department shall make the matrix ratings available to the
404+9 public on the department's Internet web site. website.
405+10 (j) Each teacher preparation program shall report to the department,
406+11 in a manner prescribed by the department, the teacher preparation
407+12 program's admission practices, in accordance with:
408+13 (1) the Council for the Accreditation of Educator Preparation
409+14 standards, for teacher preparation programs accredited by the
410+15 Council for the Accreditation of Educator Preparation;
411+16 (2) rigorous academic entry requirements for admission into a
412+17 teacher preparatory program that are equivalent to the minimum
413+18 academic requirements determined by the Council for the
414+19 Accreditation of Educator Preparation, for teacher preparation
415+20 programs that are not accredited by the Council for the
416+21 Accreditation of Educator Preparation; or
417+22 (3) the Association for Advancing Quality in Educator
418+23 Preparation standards, for teacher preparation programs
419+24 accredited by the Association for Advancing Quality in Educator
420+25 Preparation.
421+26 The department shall include information reported to the department
422+27 on the department's Internet web site. website.
423+28 (k) Not later than July 30, 2016, the department and the commission
424+29 for higher education, in conjunction with the state board, the
425+30 Independent Colleges of Indiana, Inc., and teacher preparation
426+31 programs, shall establish a minimum rating under the matrix rating
427+32 system established under subsection (i) that teacher preparation
428+33 programs must achieve to avoid referral under subsection (l).
429+34 (l) Beginning July 1, 2017, and not later than each July 1 thereafter,
430+35 the department shall submit a list of teacher preparation programs that
431+36 do not meet the minimum rating established under subsection (k) to the
432+37 commission for higher education and the Independent Colleges of
433+38 Indiana, Inc. for one (1) of the following actions:
434+39 (1) In the case of a state educational institution, the commission
435+40 for higher education shall place the teacher preparation program
436+41 on an improvement plan with clear performance goals and a
437+42 designated period in which the performance goals must be
438+ES 486—LS 7241/DI 110 10
439+1 achieved.
440+2 (2) In the case of a proprietary postsecondary educational
441+3 institution, the commission for higher education shall recommend
442+4 to the teacher preparation program an improvement plan with
443+5 clear performance goals and a designated period in which the
444+6 performance goals should be achieved.
445+7 (3) In the case of a nonprofit college or university, the
446+8 Independent Colleges of Indiana, Inc., shall coordinate a peer
447+9 review process to make recommendations to the peer institution
448+10 in achieving the department's performance metrics.
449+11 (m) The department shall approve at least two (2) accreditors that:
450+12 (1) accredit teacher preparation programs; and
451+13 (2) are recognized by the Council for Higher Education
452+14 Accreditation;
453+15 to accredit teacher preparation programs for use in Indiana.
454+16 SECTION 8. IC 20-28-3-5.5 IS ADDED TO THE INDIANA CODE
455+17 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
456+18 1, 2023]: Sec. 5.5. Not later than July 1, 2024, a teacher preparation
457+19 program shall include content within the curriculum on the
458+20 following:
459+21 (1) Information on criminal gang organizations awareness.
460+22 (2) Information regarding homeless students, including:
461+23 (A) the definition of homelessness;
462+24 (B) signs of homelessness; and
463+25 (C) steps to take when a homeless student is identified.
464+26 (3) Information on recognizing the signs and symptoms of
465+27 seizures and the appropriate steps to be taken to respond to
466+28 these symptoms.
467+29 SECTION 9. IC 20-28-3-7, AS AMENDED BY P.L.92-2020,
468+30 SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
469+31 JULY 1, 2023]: Sec. 7. (a) Each school corporation and state accredited
470+32 nonpublic school shall require all school employees likely to have
471+33 direct, ongoing contact with children within the scope of the
472+34 employee's employment to attend or participate in inservice training
473+35 pertaining to the identification and reporting of human trafficking. The
474+36 training shall be conducted in a manner prescribed by the state board
475+37 under IC 20-28-5.5-1, and after June 30, 2024, the training may be
476+38 offered through the online platform established or licensed for use
477+39 under IC 20-19-3-29 if available.
478+40 (b) The inservice training required under this section shall count
479+41 toward the requirements for professional development required by the
480+42 governing body or the equivalent authority for a state accredited
481+ES 486—LS 7241/DI 110 11
482+1 nonpublic school.
483+2 SECTION 10. IC 20-28-3-9 IS REPEALED [EFFECTIVE JULY 1,
484+3 2023]. Sec. 9. (a) Each school corporation and charter school shall
485+4 require all applicants for employment who will have direct, ongoing
486+5 contact with children within the scope of the applicant's employment
487+6 to attend, before or not later than thirty (30) days after the start date of
488+7 the applicant's employment, training concerning recognition of the
489+8 signs and symptoms of seizures and the appropriate steps to be taken
490+9 to respond to these symptoms.
491+10 (b) Each school corporation and charter school shall require all
492+11 school employees who have direct, ongoing contact with children
493+12 within the scope of the employee's employment to attend the training
494+13 described in subsection (a) at least once every five (5) years.
495+14 (c) The format of the training required under this section may
496+15 include:
497+16 (1) an in-person presentation;
498+17 (2) an electronic or technology based medium, including
499+18 self-review modules available on an online system;
500+19 (3) an individual program of study designated materials; or
501+20 (4) any other method approved by the governing body or
502+21 organizer of a charter school that is consistent with current
503+22 professional development standards.
504+23 (d) The training required under this section must be during the
505+24 school employee's contracted day or at a time chosen by the employee.
506+25 (e) The training required under this section shall count toward the
507+26 requirements for professional development required by the governing
508+27 body of a school corporation or its equivalent for a charter school.
509+28 (f) The training requirements must be consistent with the training
510+29 programs and guidelines developed by the Epilepsy Foundation of
511+30 America or a successor organization.
512+31 SECTION 11. IC 20-28-5-27, AS ADDED BY P.L.168-2022,
513+32 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
514+33 JULY 1, 2023]: Sec. 27. (a) In an effort to fill a vacant teaching
515+34 position, offer a new program or class, or supplement a program
516+35 currently being offered, the governing body of a school corporation
517+36 may issue an adjunct teacher permit to an individual if the following
518+37 minimum requirements are met:
519+38 (1) The individual has at least four (4) years of experience in the
520+39 content area in which the individual intends to teach.
521+40 (2) The school corporation conducts an expanded criminal history
522+41 check and expanded child protection index check concerning the
523+42 individual as required under IC 20-26-5-10.
524+ES 486—LS 7241/DI 110 12
525+1 (3) The individual has not been convicted of a felony listed in
526+2 section 8(c) of this chapter or described in section 8(d) of this
527+3 chapter or the individual's conviction has been reversed, vacated,
528+4 or set aside on appeal.
529+5 However, the governing body may establish stricter requirements than
530+6 the requirements prescribed by this subsection.
531+7 (b) If a governing body of a school corporation issues an adjunct
532+8 teacher permit to an individual under subsection (a):
533+9 (1) the school corporation may enter into an employment
534+10 agreement for employment with the individual as a part-time or
535+11 full-time teacher of the school corporation;
536+12 (2) the individual who holds the adjunct permit may teach in any
537+13 content area in which the school corporation allows the individual
538+14 to teach based on the individual's experience described in
539+15 subsection (a);
540+16 (3) the individual must be assigned a teacher mentor for support
541+17 in pedagogy; and
542+18 (4) the individual must complete the following training within the
543+19 first ninety (90) days of employment:
544+20 (A) IC 20-26-5-34.2 (bullying prevention).
545+21 (B) IC 20-28-3-4.5 (training on child abuse and neglect).
546+22 (C) IC 20-28-3-6 (youth suicide awareness and prevention
547+23 training).
548+24 (D) IC 20-28-3-7 (training on human trafficking).
549+25 The training described in subdivision (4)(D) may be completed
550+26 through the online platform described in IC 20-19-3-29.
551+27 (c) An adjunct teacher may not provide special education
552+28 instruction.
553+29 (d) The salary of an adjunct teacher under an employment
554+30 agreement described in IC 20-28-6-7.3 is not subject to the
555+31 requirements under IC 20-28-9-1.5 or a local compensation plan
556+32 established by a school corporation as described in IC 20-28-9-1.5.
557+33 (e) Except as otherwise provided in a collective bargaining
558+34 agreement entered into or renewed before July 1, 2022, an employment
559+35 agreement entered into under this section is not subject to a collective
560+36 bargaining agreement entered into under IC 20-29.
561+37 (f) It is not an unfair practice for a school corporation to enter into
562+38 an employment agreement under this section.
563+39 (g) Each school corporation that hires an adjunct teacher under this
564+40 section shall report to the department the following information:
565+41 (1) The number of adjunct teachers who hold a permit issued
566+42 under this section that the school corporation has hired each
567+ES 486—LS 7241/DI 110 13
568+1 school year, disaggregated by the grade level and subject area
569+2 taught by the adjunct teacher.
570+3 (2) The following information for each adjunct teacher described
571+4 in subdivision (1):
572+5 (A) The name of the adjunct teacher.
573+6 (B) The subject matter the adjunct teacher is permitted to
574+7 teach.
575+8 (C) A description of the adjunct teacher's experience described
576+9 in subsection (a)(1).
577+10 (D) The adjunct teacher's total salary and any other
578+11 compensation paid to the adjunct teacher during the school
579+12 year.
580+13 (E) The number of previous adjunct teaching employment
581+14 agreements the adjunct teacher has entered into with the
582+15 school corporation or any other school corporation.
583+16 (h) A school corporation shall post a vacant adjunct teacher position
584+17 on the department's online adjunct teacher portal established under
585+18 IC 20-19-3-25.
586+19 (i) A school corporation may notify the parents of students enrolled
587+20 in the school corporation of a vacant adjunct teacher position.
588+21 (j) The governing body of a school corporation shall announce any
589+22 vacant adjunct teacher positions at meetings of the governing body.
590+23 SECTION 12. IC 20-28-6-2, AS AMENDED BY P.L.168-2022,
591+24 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
592+25 JULY 1, 2023]: Sec. 2. (a) Except as provided under section 7.3 of this
593+26 chapter, a contract entered into by a teacher and a school corporation
594+27 must:
595+28 (1) be in writing;
596+29 (2) be signed by both parties; and
597+30 (3) contain the:
598+31 (A) beginning date of the school term as determined annually
599+32 by the school corporation;
600+33 (B) number of days in the school term as determined annually
601+34 by the school corporation;
602+35 (C) total salary to be paid to the teacher during the school year;
603+36 (D) number of salary payments to be made to the teacher
604+37 during the school year; and
605+38 (E) number of hours per day the teacher is expected to work.
606+39 as discussed pursuant to IC 20-29-6-7.
607+40 (b) The contract may provide for the annual determination of the
608+41 teacher's annual compensation based on a local compensation plan
609+42 specifying a salary range, which is part of the contract. The
610+ES 486—LS 7241/DI 110 14
611+1 compensation plan may be changed by the school corporation before
612+2 the later of May 1 of a year, with the changes effective the next school
613+3 year, or the date specified in a collective bargaining agreement
614+4 applicable to the next school year. A teacher affected by the changes
615+5 shall be furnished with printed copies of the changed compensation
616+6 plan not later than thirty (30) days after the adoption of the
617+7 compensation plan.
618+8 (c) A contract under this section is also governed by the following
619+9 statutes:
620+10 (1) IC 20-28-9-5 through IC 20-28-9-6.
621+11 (2) IC 20-28-9-9 through IC 20-28-9-11.
622+12 (3) IC 20-28-9-13.
623+13 (4) IC 20-28-9-14.
624+14 (d) A governing body shall provide the blank contract forms,
625+15 carefully worded by the secretary of education, and have them signed.
626+16 The contracts are public records open to inspection by the residents of
627+17 each school corporation.
628+18 (e) An action may be brought on a contract that conforms with
629+19 subsections (a)(1), (a)(2), and (d).
630+20 SECTION 13. IC 20-28-6-7.5, AS ADDED BY P.L.90-2011,
631+21 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
632+22 JULY 1, 2023]: Sec. 7.5. (a) A teacher who is subject to section 8 of
633+23 this chapter is not subject to this section.
634+24 (b) After June 30, 2011, A teacher who:
635+25 (1) serves under contract as a teacher in a public school
636+26 corporation;
637+27 (2) has not received a rating in an evaluation under IC 20-28-11.5
638+28 or receives a rating of ineffective in an evaluation under
639+29 IC 20-28-11.5;
640+30 (2) either:
641+31 (A) receives two (2) consecutive ratings of ineffective, as
642+32 determined by the school corporation, on an annual
643+33 evaluation under IC 20-28-11.5; or
644+34 (B) is in the teacher's first or second year of full-time
645+35 teaching in a classroom; and
646+36 (3) has not at any time before July 1, 2012, entered into a teaching
647+37 contract for further service with the school corporation; and
648+38 (4) has not received three (3) ratings in a five (5) year period of
649+39 effective or highly effective in an evaluation under IC 20-28-11.5;
650+40 shall be considered a probationary teacher.
651+41 (c) After June 30, 2011, A teacher who: receives a rating of:
652+42 (1) effective; is not a probationary teacher under subsection
653+ES 486—LS 7241/DI 110 15
654+1 (b); and
655+2 (2) highly effective; or enters into a contract described in
656+3 section 2 of this chapter;
657+4 (3) a combination of both subdivisions (1) and (2);
658+5 in an evaluation under IC 20-28-11.5 for at least three (3) years in a
659+6 five (5) year or shorter period becomes a professional teacher. by
660+7 entering into a contract described in section 2 of this chapter.
661+8 (d) A professional teacher who receives a rating of ineffective in an
662+9 evaluation under IC 20-28-11.5 shall be considered a probationary
663+10 teacher but is not subject to the cancellation of the teacher's contract
664+11 unless at least one (1) of the following criteria applies:
665+12 (1) The teacher receives a rating of ineffective in an evaluation
666+13 under IC 20-28-11.5 in the year immediately following the
667+14 teacher's initial rating of ineffective.
668+15 (2) The teacher's contract cancellation is due to a justifiable
669+16 decrease in the number of teaching positions under
670+17 IC 20-28-7.5-1(b)(3).
671+18 (3) The teacher's contract cancellation is due to conduct set forth
672+19 in IC 20-28-7.5-1(b).
673+20 SECTION 14. IC 20-28-7.5-1, AS AMENDED BY P.L.239-2015,
674+21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
675+22 JULY 1, 2023]: Sec. 1. (a) This chapter applies to a teacher in a school
676+23 corporation (as defined in IC 20-18-2-16(a)).
677+24 (b) A contract with a teacher may be canceled immediately in the
678+25 manner set forth in sections 2 through 4 of this chapter for any of the
679+26 following reasons:
680+27 (1) Immorality.
681+28 (2) Insubordination, which means a willful refusal to obey the
682+29 state school laws or reasonable rules adopted for the governance
683+30 of the school building or the school corporation.
684+31 (3) Incompetence, including:
685+32 (A) for probationary teachers, receiving an ineffective
686+33 designation on a performance evaluation or receiving two (2)
687+34 consecutive improvement necessary ratings on a performance
688+35 evaluation under IC 20-28-11.5; or
689+36 (B) for any teacher, receiving an ineffective designation on
690+37 two (2) consecutive performance evaluations or an ineffective
691+38 designation or improvement necessary rating under
692+39 IC 20-28-11.5 for three (3) years of any five (5) year period.
693+40 Repeated ineffective performance, as determined by the
694+41 school corporation.
695+42 (4) Neglect of duty.
696+ES 486—LS 7241/DI 110 16
697+1 (5) A conviction of an offense listed in IC 20-28-5-8(c).
698+2 (6) Other good or just cause.
699+3 (c) In addition to the reasons set forth in subsection (b), a
700+4 probationary teacher's contract may be canceled for any reason relevant
701+5 to the school corporation's interest in the manner set forth in sections
702+6 2 through 4 of this chapter.
703+7 (d) After June 30, 2012, the cancellation of teacher's contracts due
704+8 to a justifiable decrease in the number of teaching positions shall be
705+9 determined on the basis of performance rather than seniority. In cases
706+10 where teachers are placed in the same performance category, any of the
707+11 items in IC 20-28-9-1.5(b) may be considered.
708+12 (e) Only the governing body may terminate, cancel, or otherwise
709+13 refuse to renew a contract of a superintendent or assistant
710+14 superintendent. Notice of the contract cancellation or the refusal to
711+15 renew the individual's contract must be provided in the manner
712+16 provided in IC 20-28-8-3(a).
713+17 SECTION 15. IC 20-28-9-1.5, AS AMENDED BY
714+18 P.L.178-2022(ts), SECTION 13, IS AMENDED TO READ AS
715+19 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This subsection
716+20 governs salary increases for a teacher employed by a school
717+21 corporation. Compensation attributable to additional degrees or
718+22 graduate credits earned before the effective date of a local
719+23 compensation plan created under this chapter before July 1, 2015, shall
720+24 continue for school years beginning after June 30, 2015. Compensation
721+25 attributable to additional degrees for which a teacher has started course
722+26 work before July 1, 2011, and completed course work before
723+27 September 2, 2014, shall also continue for school years beginning after
724+28 June 30, 2015. For school years beginning after June 30, 2022, a school
725+29 corporation may provide a supplemental payment to a teacher in excess
726+30 of the salary specified in the school corporation's compensation plan.
727+31 A supplement provided under this subsection is not subject to
728+32 collective bargaining. but a discussion of the supplement must be held.
729+33 Such a supplement is in addition to any increase permitted under
730+34 subsection (b).
731+35 (b) Increases or increments in a local salary range must be based
732+36 upon a combination of the following factors:
733+37 (1) A combination of the following factors taken together may
734+38 account for not more than fifty percent (50%) of the calculation
735+39 used to determine a teacher's increase or increment:
736+40 (A) The number of years of a teacher's experience.
737+41 (B) The possession of either:
738+42 (i) additional content area degrees beyond the requirements
739+ES 486—LS 7241/DI 110 17
740+1 for employment; or
741+2 (ii) additional content area degrees and credit hours beyond
742+3 the requirements for employment, if required under an
743+4 agreement bargained under IC 20-29.
744+5 (2) The results of an evaluation conducted under IC 20-28-11.5.
745+6 (3) The assignment of instructional leadership roles, including the
746+7 responsibility for conducting evaluations under IC 20-28-11.5.
747+8 (4) The academic needs of students in the school corporation.
748+9 (c) To provide greater flexibility and options, a school corporation
749+10 may differentiate the amount of salary increases or increments
750+11 determined for teachers. A school corporation shall base a
751+12 differentiated amount under this subsection on reasons the school
752+13 corporation determines are appropriate, which may include the:
753+14 (1) subject or subjects taught by a given teacher;
754+15 (2) importance of retaining a given teacher at the school
755+16 corporation;
756+17 (3) need to attract an individual with specific qualifications to fill
757+18 a teaching vacancy; and
758+19 (4) offering of a new program or class.
759+20 (d) A school corporation may provide differentiated increases or
760+21 increments under subsection (b), and in excess of the percentage
761+22 specified in subsection (b)(1), in order to:
762+23 (1) reduce the gap between the school corporation's minimum
763+24 teacher salary and the average of the school corporation's
764+25 minimum and maximum teacher salaries; or
765+26 (2) allow teachers currently employed by the school corporation
766+27 to receive a salary adjusted in comparison to starting base salaries
767+28 of new teachers.
768+29 (e) Except as provided in subsection (f), a teacher rated ineffective
769+30 or improvement necessary under IC 20-28-11.5 may not receive any
770+31 raise or increment for the following year if the teacher's employment
771+32 contract is continued. The amount that would otherwise have been
772+33 allocated for the salary increase of teachers rated ineffective or
773+34 improvement necessary shall be allocated for compensation of all
774+35 teachers rated effective and highly effective based on the criteria in
775+36 subsection (b).
776+37 (f) Subsection (e) does not apply to a teacher in the first two (2) full
777+38 school years that the teacher provides instruction to students in
778+39 elementary school or high school. If a teacher provides instruction to
779+40 students in elementary school or high school in another state, any full
780+41 school year, or its equivalent in the other state, that the teacher provides
781+42 instruction counts toward the two (2) full school years under this
782+ES 486—LS 7241/DI 110 18
783+1 subsection.
784+2 (g) A teacher who does not receive a raise or increment under
785+3 subsection (e) may file a request with the superintendent or
786+4 superintendent's designee not later than five (5) days after receiving
787+5 notice that the teacher received a rating of ineffective. The teacher is
788+6 entitled to a private conference with the superintendent or
789+7 superintendent's designee.
790+8 (h) The Indiana education employment relations board established
791+9 in IC 20-29-3-1 shall publish a model compensation plan with a model
792+10 salary range that a school corporation may adopt.
793+11 (i) Each school corporation shall submit its local compensation plan
794+12 to the Indiana education employment relations board. For a school year
795+13 beginning after June 30, 2015, a local compensation plan must specify
796+14 the range for teacher salaries. The Indiana education employment
797+15 relations board shall publish the local compensation plans on the
798+16 Indiana education employment relations board's Internet web site.
799+17 website.
800+18 (j) The Indiana education employment relations board shall review
801+19 a compensation plan for compliance with this section as part of its
802+20 review under IC 20-29-6-6.1. The Indiana education employment
803+21 relations board has jurisdiction to determine compliance of a
804+22 compensation plan submitted under this section.
805+23 (k) This chapter may not be construed to require or allow a school
806+24 corporation to decrease the salary of any teacher below the salary the
807+25 teacher was earning on or before July 1, 2015, if that decrease would
808+26 be made solely to conform to the new compensation plan.
809+27 (l) After June 30, 2011, all rights, duties, or obligations established
810+28 under IC 20-28-9-1 before its repeal are considered rights, duties, or
811+29 obligations under this section.
812+30 (m) An employment agreement described in IC 20-28-6-7.3 between
813+31 an adjunct teacher and a school corporation is not subject to this
814+32 section.
815+33 SECTION 16. IC 20-28-11.5-1, AS ADDED BY P.L.90-2011,
816+34 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
817+35 JULY 1, 2023]: Sec. 1. As used in this chapter, "evaluator" means an
818+36 individual who conducts a staff performance evaluation. The term
819+37 includes a teacher who:
820+38 (1) has clearly demonstrated a record of effective teaching over
821+39 several years;
822+40 (2) is approved by the principal as qualified to evaluate under the
823+41 plan; and
824+42 (3) conducts staff performance evaluations as a significant part of
825+ES 486—LS 7241/DI 110 19
826+1 teacher's responsibilities.
827+2 SECTION 17. IC 20-28-11.5-3, AS AMENDED BY P.L.172-2011,
828+3 SECTION 122, IS AMENDED TO READ AS FOLLOWS
829+4 [EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this chapter, "school
830+5 corporation" includes:
831+6 (1) a school corporation;
832+7 (2) a school created by an interlocal agreement under IC 36-1-7;
833+8 (3) a special education cooperative under IC 20-35-5; and
834+9 (4) a joint career and technical education program created under
835+10 IC 20-37-1.
836+11 However, for purposes of section 4(a) and 4(b) of this chapter, "school
837+12 corporation" includes a charter school, a virtual charter school, and an
838+13 eligible school (as defined in IC 20-51-1-4.7).
839+14 SECTION 18. IC 20-28-11.5-4, AS AMENDED BY P.L.150-2020,
840+15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
841+16 JULY 1, 2023]: Sec. 4. (a) Each school corporation shall develop or
842+17 adopt a plan for annual performance evaluations for each certificated
843+18 employee. A school corporation shall implement the plan beginning
844+19 with the 2012-2013 school year.
845+20 (b) Instead of developing its own staff performance evaluation plan
846+21 under subsection (a), a school corporation may adopt a staff
847+22 performance evaluation plan that meets the requirements set forth in
848+23 this chapter or any of the following models:
849+24 (1) A plan using master teachers or contracting with an outside
850+25 vendor to provide master teachers.
851+26 (2) The System for Teacher and Student Advancement (TAP).
852+27 (3) The Peer Assistance and Review Teacher Evaluation System
853+28 (PAR).
854+29 (c) A plan must include the following components:
855+30 (1) performance evaluations for all certificated employees,
856+31 conducted at least annually.
857+32 (2) Rigorous measures of effectiveness, including observations
858+33 and other performance indicators.
859+34 (3) An annual designation of each certificated employee in one
860+35 (1) of the following rating categories:
861+36 (A) Highly effective.
862+37 (B) Effective.
863+38 (C) Improvement necessary.
864+39 (D) Ineffective.
865+40 (4) An explanation of the evaluator's recommendations for
866+41 improvement, and the time in which improvement is expected.
867+42 (5) A provision that a teacher who negatively affects student
868+ES 486—LS 7241/DI 110 20
869+1 achievement and growth cannot receive a rating of highly
870+2 effective or effective.
871+3 (6) A pre-evaluation planning session conducted by the
872+4 superintendent or equivalent authority for the school corporation
873+5 with the principals in the school corporation.
874+6 (d) In developing a performance evaluation plan, a school
875+7 corporation may consider the following:
876+8 (1) Test scores of students (both formative and summative).
877+9 (2) Classroom presentation observations.
878+10 (3) Observation of student-teacher interaction.
879+11 (4) Knowledge of subject matter.
880+12 (5) Dedication and effectiveness of the teacher through time and
881+13 effort on task.
882+14 (6) Contributions of teachers through group teacher interactivity
883+15 in fulfilling the school improvement plan.
884+16 (7) Cooperation of the teacher with supervisors and peers.
885+17 (8) Extracurricular contributions of the teacher.
886+18 (9) Outside performance evaluations.
887+19 (10) Compliance with school corporation rules and procedures.
888+20 (11) Other items considered important by the school corporation
889+21 in developing each student to the student's maximum intellectual
890+22 potential and performance.
891+23 The state board and the department may recommend additional factors,
892+24 but may not require additional factors unless directed to do so by the
893+25 general assembly.
894+26 (e) The state board may create a method or model to align currently
895+27 used performance evaluation plan factors with each of the following
896+28 indicators:
897+29 (1) Maximizing instructional time.
898+30 (2) Student engagement.
899+31 (3) Developing student understanding and mastery of lesson
900+32 objectives.
901+33 (4) Tracking student data and analyzing progress.
902+34 (5) Checking for student understanding.
903+35 (b) A plan under this section must include an annual designation
904+36 of each certificated employee in one (1) of the following rating
905+37 categories:
906+38 (1) Highly effective.
907+39 (2) Effective.
908+40 (3) Improvement necessary.
909+41 (4) Ineffective.
910+42 The requirements for designation in each rating category must be
911+ES 486—LS 7241/DI 110 21
912+1 determined by the school corporation.
913+2 (f) (c) The plan must:
914+3 (1) be in writing; and
915+4 (2) be explained to the governing body in a public meeting;
916+5 before the evaluations are conducted. Before explaining the plan to the
917+6 governing body, the superintendent of the school corporation shall
918+7 discuss the plan with teachers or the teachers' representative, if there
919+8 is one. This discussion is not subject to the open door law
920+9 (IC 5-14-1.5). The plan is not subject to bargaining. but a discussion of
921+10 the plan must be held.
922+11 (g) (d) The evaluator shall discuss the evaluation with the
923+12 certificated employee.
924+13 (e) After a school corporation has assigned an evaluator to
925+14 perform a certificated employee's evaluation, the certificated
926+15 employee may request the school corporation to assign an
927+16 evaluator other than the evaluator assigned to perform the
928+17 certificated employee's evaluation.
929+18 SECTION 19. IC 20-28-11.5-6, AS ADDED BY P.L.90-2011,
930+19 SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
931+20 JULY 1, 2023]: Sec. 6. (a) A copy of the completed evaluation,
932+21 including any documentation related to the evaluation, must be
933+22 provided to a certificated employee not later than seven (7) days after
934+23 the evaluation is conducted.
935+24 (b) If a certificated employee receives a rating of ineffective or
936+25 improvement necessary, as determined by the school corporation,
937+26 the evaluator and the certificated employee shall develop a remediation
938+27 plan of not more than ninety (90) school days in length to correct the
939+28 deficiencies noted in the certificated employee's evaluation. The
940+29 remediation plan must require the use of the certificated employee's
941+30 license renewal credits in professional development activities intended
942+31 to help the certificated employee achieve an effective rating, as
943+32 determined by the school corporation, on the next performance
944+33 evaluation. If the principal did not conduct the performance evaluation,
945+34 the principal may direct the use of the certificated employee's license
946+35 renewal credits under this subsection.
947+36 (c) A teacher who receives a rating of ineffective may file a request
948+37 for a private conference with the superintendent or the superintendent's
949+38 designee not later than five (5) days after receiving notice that the
950+39 teacher received a rating of ineffective. The teacher is entitled to a
951+40 private conference with the superintendent or superintendent's
952+41 designee.
953+42 SECTION 20. IC 20-28-11.5-7, AS AMENDED BY P.L.192-2018,
954+ES 486—LS 7241/DI 110 22
955+1 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
956+2 JULY 1, 2023]: Sec. 7. (a) This section applies to any teacher
957+3 instructing students in a content area and grade subject to IC 20-32-5-2
958+4 (for a school year ending before July 1, 2018), and IC 20-32-5.1 (for a
959+5 school year ending after June 30, 2018).
960+6 (b) A student may not be instructed for two (2) consecutive years by
961+7 two (2) consecutive teachers, each of whom was rated as ineffective
962+8 under this chapter in the school year immediately before the school
963+9 year in which the student is placed in the respective teacher's class.
964+10 (c) If a teacher did not instruct students in the school year
965+11 immediately before the school year in which students are placed in the
966+12 teacher's class, the teacher's rating under this chapter for the most
967+13 recent year in which the teacher instructed students, instead of for the
968+14 school year immediately before the school year in which students are
969+15 placed in the teacher's class, shall be used in determining whether
970+16 subsection (b) applies to the teacher.
971+17 (d) If it is not possible for a school corporation to comply with this
972+18 section, the school corporation must notify the parents of each
973+19 applicable student indicating the student will be placed in a classroom
974+20 of a teacher who has been rated ineffective under this chapter. The
975+21 parent must be notified before the start of the second consecutive
976+22 school year.
977+23 SECTION 21. IC 20-28-11.5-8, AS AMENDED BY P.L.150-2020,
978+24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
979+25 JULY 1, 2023]: Sec. 8. (a) To implement this chapter, the state board
980+26 shall do the following:
981+27 (1) Adopt rules under IC 4-22-2 that establish
982+28 (A) the criteria that define each of the four categories of
983+29 teacher ratings under section (4)(c)(3) of this chapter;
984+30 (B) standards that define actions that constitute a negative
985+31 impact on student achievement; and
986+32 (C) an acceptable standard for training evaluators.
987+33 (2) Work with the department to develop a model plan and release
988+34 it to school corporations. Subsequent versions of the model plan
989+35 that contain substantive changes must be provided to school
990+36 corporations.
991+37 (3) Work with the department to ensure the availability of
992+38 ongoing training on the use of the performance evaluation to
993+39 ensure that all evaluators and certificated employees have access
994+40 to information on the plan, the plan's implementation, and this
995+41 chapter.
996+42 (b) A school corporation may:
997+ES 486—LS 7241/DI 110 23
998+1 (1) adopt the department's model plan; or
999+2 (2) adopt or establish any other model staff performance
1000+3 evaluation plan. approved by the department, without the state
1001+4 board's approval.
1002+5 (c) A school corporation may substantially modify the model plan
1003+6 or develop the school corporation's own plan, if the substantially
1004+7 modified or developed plan meets the criteria established under this
1005+8 chapter. If a school corporation substantially modifies the model plan
1006+9 or develops its own plan, the department may request that the school
1007+10 corporation submit the plan to the department to ensure the plan meets
1008+11 the criteria developed under this chapter. If the department makes such
1009+12 a request, before submitting a substantially modified or new staff
1010+13 performance evaluation plan to the department, the governing body
1011+14 shall submit the staff performance evaluation plan to the teachers
1012+15 employed by the school corporation for a vote. If at least seventy-five
1013+16 percent (75%) of the voting teachers vote in favor of adopting the staff
1014+17 performance evaluation plan, the governing body may submit the staff
1015+18 performance evaluation plan to the department.
1016+19 (d) (c) Each school corporation shall submit its staff performance
1017+20 evaluation plan to the department. The department shall publish the
1018+21 staff performance evaluation plans on the department's Internet web
1019+22 site. A school corporation must submit its staff performance evaluation
1020+23 plan to the department for approval in order to qualify for any grant
1021+24 funding related to this chapter. website.
1022+25 SECTION 22. IC 20-28-11.5-8.5, AS ADDED BY P.L.213-2015,
1023+26 SECTION 184, IS AMENDED TO READ AS FOLLOWS
1024+27 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. A plan for performance
1025+28 evaluations under this chapter may be discussed, but is not subject to
1026+29 bargaining. Selection of a performance evaluation model is at the
1027+30 discretion of the school corporation, but the developed plan must be
1028+31 reported to the department and the Indiana education employment
1029+32 relations board in a timely manner, as established by the department.
1030+33 Upon request by a school corporation, the department may review
1031+34 the school corporation's plan for efficacy and the Indiana education
1032+35 employment relations board may review the plan for legality, and both
1033+36 may comment to the school corporation. The department shall annually
1034+37 present to the state board of education plans selected by the school
1035+38 corporations. The state board may recommend model plans to school
1036+39 corporations, but shall not mandate any plan.
1037+40 SECTION 23. IC 20-28-11.5-9, AS AMENDED BY P.L.41-2022,
1038+41 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1039+42 JULY 1, 2023]: Sec. 9. (a) The principal of a school in a school
1040+ES 486—LS 7241/DI 110 24
1041+1 corporation shall report in the aggregate the results of staff
1042+2 performance evaluations for the school for the previous school year to
1043+3 the superintendent and the governing body for the school corporation
1044+4 before August 15 of each year on the schedule determined by the
1045+5 governing body. The report must be presented in a public meeting of
1046+6 the governing body. Before presentation to the governing body, the
1047+7 superintendent of the school corporation shall discuss the report of
1048+8 completed evaluations with the teachers. This discussion is not subject
1049+9 to the open door law (IC 5-14-1.5). The report of completed evaluations
1050+10 is not subject to bargaining. but a discussion of the report must be held.
1051+11 (b) A school corporation annually shall provide the disaggregated
1052+12 results of staff performance evaluations by teacher identification
1053+13 numbers to the department:
1054+14 (1) after completing the presentations required under subsection
1055+15 (a) for all schools for the school corporation; and
1056+16 (2) before November 15 of that year.
1057+17 Before November 15 of each year, each charter school (including a
1058+18 virtual charter school) shall provide the disaggregated results of staff
1059+19 performance evaluations by teacher identification numbers to the
1060+20 department.
1061+21 (c) Not before the beginning of the second semester (or the
1062+22 equivalent) of the school year and not later than August 1 of each year,
1063+23 the principal at each school described in subsection (b) shall complete
1064+24 a survey that provides information regarding the principal's assessment
1065+25 of the quality of instruction by each particular teacher preparation
1066+26 program located in Indiana for teachers employed at the school who
1067+27 initially received their teaching license in Indiana in the previous two
1068+28 (2) years. The survey shall be adopted by the state board and prescribed
1069+29 on a form developed not later than July 30, 2016, by the department
1070+30 that is aligned with the matrix system established under
1071+31 IC 20-28-3-1(i). The school shall provide the surveys to the department
1072+32 in a manner prescribed by the department. The department shall
1073+33 compile the information contained in the surveys, broken down by each
1074+34 teacher preparation program located in Indiana. The department shall
1075+35 include information relevant to a particular teacher preparation
1076+36 program located in Indiana in the department's report under subsection
1077+37 (f).
1078+38 (d) During the second semester (or the equivalent) of the school
1079+39 year and not later than August 1 of each year, each teacher employed
1080+40 by a school described in subsection (b) in Indiana who initially
1081+41 received a teacher's license in Indiana in the previous three (3) years
1082+42 shall complete a form after the teacher completes the teacher's initial
1083+ES 486—LS 7241/DI 110 25
1084+1 year teaching at a particular school. The information reported on the
1085+2 form must:
1086+3 (1) provide the year in which the teacher was hired by the school;
1087+4 (2) include the name of the teacher preparation program that
1088+5 recommended the teacher for an initial license;
1089+6 (3) describe subjects taught by the teacher;
1090+7 (4) provide the location of different teaching positions held by the
1091+8 teacher since the teacher initially obtained an Indiana teaching
1092+9 license;
1093+10 (5) provide a description of any mentoring the teacher has
1094+11 received while teaching in the teacher's current teaching position;
1095+12 (6) describe the teacher's current licensure status; and
1096+13 (7) include an assessment by the teacher of the quality of
1097+14 instruction of the teacher preparation program in which the
1098+15 teacher participated.
1099+16 The form shall be prescribed by the department. The forms shall be
1100+17 submitted to the department in a manner prescribed by the department.
1101+18 Upon receipt of the information provided in this subsection, the
1102+19 department shall compile the information contained in the forms and
1103+20 include an aggregated summary of the report on the department's
1104+21 Internet web site.
1105+22 (e) Before December 15 of each year, the department shall report
1106+23 the results of staff performance evaluations in the aggregate to the state
1107+24 board, and to the public via the department's Internet web site for:
1108+25 (1) the aggregate of certificated employees of each school and
1109+26 school corporation;
1110+27 (2) the aggregate of graduates of each teacher preparation
1111+28 program in Indiana;
1112+29 (3) for each school described in subsection (b), the annual rate of
1113+30 retention for certificated employees for each school within the
1114+31 charter school or school corporation; and
1115+32 (4) the aggregate results of staff performance evaluations for each
1116+33 category described in section 4(c)(3) of this chapter. In addition
1117+34 to the aggregate results, the results must be broken down:
1118+35 (A) by the content area of the initial teacher license received
1119+36 by teachers upon completion of a particular teacher
1120+37 preparation program; or
1121+38 (B) as otherwise requested by a teacher preparation program,
1122+39 as approved by the state board.
1123+40 (f) Beginning November 1, 2016, and before September 1 of each
1124+41 year thereafter, the department shall report to each teacher preparation
1125+42 program in Indiana for teachers with three (3) or fewer years of
1126+ES 486—LS 7241/DI 110 26
1127+1 teaching experience:
1128+2 (1) information from the surveys relevant to that particular teacher
1129+3 education program provided to the department under subsection
1130+4 (c);
1131+5 (2) information from the forms relevant to that particular teacher
1132+6 preparation program compiled by the department under
1133+7 subsection (d); and
1134+8 (3) the results from the most recent school year for which data are
1135+9 available of staff performance evaluations for each category
1136+10 described in section 4(c)(3) of this chapter with three (3) or fewer
1137+11 years of teaching experience for that particular teacher
1138+12 preparation program. The report to the teacher preparation
1139+13 program under this subdivision shall be in the aggregate form and
1140+14 shall be broken down by the teacher preparation program that
1141+15 recommended an initial teaching license for the teacher.
1142+16 SECTION 24. IC 20-29-2-7 IS REPEALED [EFFECTIVE JULY 1,
1143+17 2023]. Sec. 7. "Discuss" means the performance of the mutual
1144+18 obligation of the school corporation through its superintendent and the
1145+19 exclusive representative to meet at reasonable times to:
1146+20 (1) discuss;
1147+21 (2) provide meaningful input; or
1148+22 (3) exchange points of view;
1149+23 with respect to items enumerated in IC 20-29-6-7.
1150+24 SECTION 25. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
1151+25 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1152+26 JULY 1, 2023]: Sec. 1. (a) School employers and school employees
1153+27 shall:
1154+28 (1) have the obligation and the right to bargain collectively the
1155+29 items set forth in section 4 of this chapter; and
1156+30 (2) have the right and obligation to discuss any item set forth in
1157+31 section 7 of this chapter; and
1158+32 (3) (2) enter into a contract embodying any of the matters listed
1159+33 in section 4 of this chapter on which they have bargained
1160+34 collectively.
1161+35 (b) Notwithstanding any other law, before a school employer and
1162+36 school employees may privately negotiate the matters described in
1163+37 subsection (a)(1) during the time period for formal collective
1164+38 bargaining established in section 12 of this chapter, the parties must
1165+39 hold at least one (1) public hearing and take public testimony to discuss
1166+40 the items described in subsection (a). A school employer may allow
1167+41 governing body members or the public to participate in a public
1168+42 hearing under this subsection by means of electronic communication.
1169+ES 486—LS 7241/DI 110 27
1170+1 SECTION 26. IC 20-29-6-7, AS AMENDED BY P.L.168-2022,
1171+2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1172+3 JULY 1, 2023]: Sec. 7. (a) A school employer shall may discuss: with
1173+4 the exclusive representative of certificated employees the following
1174+5 items:
1175+6 (1) Curriculum development and revision.
1176+7 (2) Selection of curricular materials.
1177+8 (3) Teaching methods.
1178+9 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
1179+10 and retention of certificated employees.
1180+11 (5) Student discipline.
1181+12 (6) Expulsion or supervision of students.
1182+13 (7) Pupil/teacher ratio.
1183+14 (8) Class size or budget appropriations.
1184+15 (9) Safety issues for students and employees in the workplace,
1185+16 except those items required to be kept confidential by state or
1186+17 federal law.
1187+18 (10) Hours.
1188+19 (11) Funding for a plan for a remediation program for any subset
1189+20 of students enrolled in kindergarten through grade 12.
1190+21 (12) The following nonbargainable items under IC 20-43-10-3.5:
1191+22 (A) Teacher appreciation grants.
1192+23 (B) Individual teacher appreciation grant stipends to teachers.
1193+24 (C) Additions to base salary based on teacher appreciation
1194+25 grant stipends.
1195+26 (13) The pre-evaluation planning session required under
1196+27 IC 20-28-11.5-4.
1197+28 (14) The superintendent's report to the governing body concerning
1198+29 staff performance evaluations required under IC 20-28-11.5-9.
1199+30 (15) A teacher performance model.
1200+31 (16) The use of adjunct teachers permitted under IC 20-28-5-27.
1201+32 (1) with a certificated employee or group of certificated
1202+33 employees; or
1203+34 (2) at one (1) or more meetings that are open to all certificated
1204+35 employees;
1205+36 any topic that significantly impacts a certificated employee's
1206+37 working conditions or impacts the educational quality of the school
1207+38 employer's students.
1208+39 (b) A discussion or meeting under subsection (a) is not subject
1209+40 to the open door law (IC 5-14-1.5).
1210+41 SECTION 27. IC 20-29-6-8 IS REPEALED [EFFECTIVE JULY 1,
1211+42 2023]. Sec. 8. The obligation to discuss does not require either party to
1212+ES 486—LS 7241/DI 110 28
1213+1 enter into a contract, agree to a proposal, or make a concession related
1214+2 to the items listed in section 7 of this chapter. A failure to reach an
1215+3 agreement on a matter of discussion does not allow the use of any part
1216+4 of the impasse procedure under IC 20-29-8.
1217+5 SECTION 28. IC 20-29-6-9, AS ADDED BY P.L.1-2005,
1218+6 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1219+7 JULY 1, 2023]: Sec. 9. The obligation to bargain collectively or discuss
1220+8 a matter does not prevent:
1221+9 (1) a school employee from petitioning the school employer,
1222+10 governing body, or superintendent for a redress of the employee's
1223+11 grievances, either individually or through the exclusive
1224+12 representative; or
1225+13 (2) the school employer or superintendent from conferring with
1226+14 a citizen, taxpayer, student, school employee, or other person
1227+15 considering the operation of the schools and the school
1228+16 corporation.
1229+17 SECTION 29. IC 20-29-7-1, AS AMENDED BY P.L.48-2011,
1230+18 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1231+19 JULY 1, 2023]: Sec. 1. (a) It is an unfair practice for a school employer
1232+20 to do any of the following:
1233+21 (1) Interfere with, restrain, or coerce school employees in the
1234+22 exercise of the rights guaranteed in IC 20-29-4.
1235+23 (2) Dominate, interfere, or assist in the formation or
1236+24 administration of any school employee organization or contribute
1237+25 financial or other support to the organization. Subject to rules
1238+26 adopted by the governing body, a school employer may permit
1239+27 school employees to confer with the school employer or with any
1240+28 school employee organization during working hours without loss
1241+29 of time or pay.
1242+30 (3) Encourage or discourage membership in any school employee
1243+31 organization through discrimination in regard to:
1244+32 (A) hiring;
1245+33 (B) tenure of employment; or
1246+34 (C) any term or condition of employment.
1247+35 (4) Discharge or otherwise discriminate against a school
1248+36 employee because the employee has filed a complaint, affidavit,
1249+37 petition, or any information or testimony under this article.
1250+38 (5) Refuse to
1251+39 (A) bargain collectively or
1252+40 (B) discuss;
1253+41 with an exclusive representative as required by this article.
1254+42 (6) Fail or refuse to comply with any provision of this article.
1255+ES 486—LS 7241/DI 110 29
1256+1 (b) If:
1257+2 (1) a complaint is filed that alleges an unfair practice has occurred
1258+3 with respect to a subject that may be discussed under this article;
1259+4 and
1260+5 (2) the complaint is found to be frivolous;
1261+6 the party that filed that complaint is liable for costs and attorney's fees.
1262+7 SECTION 30. IC 20-34-3-24, AS ADDED BY P.L.44-2019,
1263+8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1264+9 JULY 1, 2023]: Sec. 24. (a) For purposes of this section, "bleeding
1265+10 control kit" means a first aid response kit that contains at least the
1266+11 following:
1267+12 (1) One (1) tourniquet endorsed by the Committee on Tactical
1268+13 Combat Casualty Care.
1269+14 (2) A compression bandage.
1270+15 (3) A bleeding control bandage.
1271+16 (4) Protective gloves and a permanent marker.
1272+17 (5) Scissors.
1273+18 (6) Instructional documents developed by the Stop the Bleed
1274+19 national awareness campaign of the United States Department of
1275+20 Homeland Security or the American College of Surgeons
1276+21 Committee on Trauma, or both.
1277+22 (7) Other medical materials and equipment similar to those
1278+23 described in subdivisions (1) through (3), and any additional
1279+24 items that:
1280+25 (A) are approved by local law enforcement or first responders;
1281+26 (B) can adequately treat a traumatic injury; and
1282+27 (C) can be stored in a readily available kit.
1283+28 (b) Beginning in the 2020-2021 school year and each school year
1284+29 thereafter and subject to either:
1285+30 (1) an appropriation by the general assembly; or
1286+31 (2) a charter school or school corporation receiving sufficient
1287+32 bleeding control kits for the charter school or each school in the
1288+33 school corporation from:
1289+34 (A) donations from individuals or entities; or
1290+35 (B) gifts necessary to purchase the bleeding control kits;
1291+36 each school corporation and charter school shall develop and
1292+37 implement a Stop the Bleed program that meets the requirements set
1293+38 forth in this section. Upon request by a school corporation or charter
1294+39 school, the department of homeland security, in collaboration with the
1295+40 department, may direct the school corporation or charter school to
1296+41 resources that are available to provide bleeding control kits to the
1297+42 school corporation or charter school. The department of homeland
1298+ES 486—LS 7241/DI 110 30
1299+1 security and department shall maintain information regarding the Stop
1300+2 the Bleed program on the department of homeland security's and
1301+3 department's Internet web sites.
1302+4 (c) A school corporation's Stop the Bleed program must include
1303+5 each school of the school corporation. The Stop the Bleed program
1304+6 must include requirements that:
1305+7 (1) require bleeding control kits be assigned to designated rooms
1306+8 in easily accessible locations to be determined by local first
1307+9 responders or the school safety specialist;
1308+10 (2) include bleeding control kits in the emergency plans of the
1309+11 school corporation or charter school, including the presentation
1310+12 and use of the bleeding control kits in all drills and emergencies;
1311+13 (3) provide that all school corporations and charter schools have
1312+14 a minimum of five (5) individuals in each school building who
1313+15 obtain appropriate training in the use of the bleeding control kit,
1314+16 including:
1315+17 (A) the proper application of pressure to stop bleeding;
1316+18 (B) the application of dressings or bandages;
1317+19 (C) additional pressure techniques to control bleeding; and
1318+20 (D) the correct application of tourniquets;
1319+21 (4) require bleeding control kits in school inventories to be
1320+22 inspected annually to ensure that the materials, supplies, and
1321+23 equipment contained in the bleeding control kits are not expired,
1322+24 and that any expired materials, supplies, and equipment are
1323+25 replaced as necessary; and
1324+26 (5) require a bleeding control kit to be restocked after each use
1325+27 and any materials, supplies, and equipment to be replaced as
1326+28 necessary to ensure that the bleeding control kit contains all
1327+29 necessary materials, supplies, and equipment.
1328+30 (d) The department, in collaboration with the department of
1329+31 homeland security, shall develop and provide training for the use of
1330+32 bleeding control kits. The department may satisfy the training
1331+33 requirements by:
1332+34 (1) using training, including online training, available from the
1333+35 American College of Surgeons or a similar organization
1334+36 authorized by the department of homeland security; or
1335+37 (2) after June 30, 2024, offering the training required by this
1336+38 section through the online platform established or licensed for
1337+39 use under IC 20-19-3-29 if available.
1338+40 (e) In all matters relating to a Stop the Bleed program, school
1339+41 corporation or charter school personnel are immune from civil liability
1340+42 for any act done or omitted in the use of a bleeding control kit unless
1341+ES 486—LS 7241/DI 110 31
1342+1 the action constitutes gross negligence or willful or wanton
1343+2 misconduct.
1344+3 SECTION 31. IC 20-43-10-3.5, AS AMENDED BY P.L.165-2021,
1345+4 SECTION 167, IS AMENDED TO READ AS FOLLOWS
1346+5 [EFFECTIVE JUNE 29, 2023]: Sec. 3.5. (a) As used in this section,
1347+6 "school" means a school corporation, charter school, and a virtual
1348+7 charter school.
1349+8 (b) Subject to the requirements of this section, a school qualifies for
1350+9 a teacher appreciation grant as provided in this section for a state fiscal
1351+10 year if one (1) or more licensed teachers:
1352+11 (1) employed in the classroom by the school; or
1353+12 (2) directly providing virtual education;
1354+13 were rated as effective or as highly effective, using the most recently
1355+14 completed teacher ratings.
1356+15 (c) A school may not receive a teacher appreciation grant under this
1357+16 section unless:
1358+17 (1) the school has in the state fiscal year in which the teacher
1359+18 appreciation grants are made under this section:
1360+19 (A) adopted an annual policy concerning the distribution of
1361+20 teacher appreciation grants; and
1362+21 (B) submitted the policy to the department for approval; and
1363+22 (2) the department has approved the policy.
1364+23 The department shall specify the date by which a policy described in
1365+24 subdivision (1) must be submitted to the department.
1366+25 (d) The amount of a teacher appreciation grant for a qualifying
1367+26 school corporation or virtual charter school is equal to:
1368+27 (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
1369+28 (2) the school's current ADM.
1370+29 However, the grant amount for a virtual charter school may not exceed
1371+30 the statewide average grant amount.
1372+31 (e) The following apply to the distribution of teacher appreciation
1373+32 grants:
1374+33 (1) If the total amount to be distributed as teacher appreciation
1375+34 grants for a particular state fiscal year exceeds the amount
1376+35 appropriated by the general assembly for teacher appreciation
1377+36 grants for that state fiscal year, the total amount to be distributed
1378+37 as teacher appreciation grants to schools shall be proportionately
1379+38 reduced so that the total reduction equals the amount of the
1380+39 excess. The amount of the reduction for a particular school is
1381+40 equal to the total amount of the excess multiplied by a fraction.
1382+41 The numerator of the fraction is the amount of the teacher
1383+42 appreciation grant that the school would have received if a
1384+ES 486—LS 7241/DI 110 32
1385+1 reduction were not made under this section. The denominator of
1386+2 the fraction is the total amount that would be distributed as
1387+3 teacher appreciation grants to all schools if a reduction were not
1388+4 made under this section.
1389+5 (2) If the total amount to be distributed as teacher appreciation
1390+6 grants for a particular state fiscal year is less than the amount
1391+7 appropriated by the general assembly for teacher appreciation
1392+8 grants for that state fiscal year, the total amount to be distributed
1393+9 as teacher appreciation grants to schools for that particular state
1394+10 fiscal year shall be proportionately increased so that the total
1395+11 amount to be distributed equals the amount of the appropriation
1396+12 for that particular state fiscal year.
1397+13 (f) The annual teacher appreciation grant to which a school is
1398+14 entitled for a state fiscal year shall be distributed to the school before
1399+15 December 5 of that state fiscal year.
1400+16 (g) The following apply to a school's policy under subsection (c)
1401+17 concerning the distribution of teacher appreciation grants:
1402+18 (1) The governing body shall differentiate between a teacher rated
1403+19 as a highly effective teacher and a teacher rated as an effective
1404+20 teacher. The policy must provide that the amount of a stipend
1405+21 awarded to a teacher rated as a highly effective teacher must be
1406+22 at least twenty-five percent (25%) more than the amount of a
1407+23 stipend awarded to a teacher rated as an effective teacher.
1408+24 (2) The governing body of a school may differentiate between
1409+25 school buildings.
1410+26 (3) A stipend to an individual teacher in a particular year is not
1411+27 subject to collective bargaining but is discussable, and is in
1412+28 addition to the minimum salary or increases in salary set under
1413+29 IC 20-28-9-1.5. The governing body may provide that an amount
1414+30 not exceeding fifty percent (50%) of the amount of a stipend to an
1415+31 individual teacher in a particular state fiscal year becomes a
1416+32 permanent part of and increases the base salary of the teacher
1417+33 receiving the stipend for school years beginning after the state
1418+34 fiscal year in which the stipend is received. The addition to base
1419+35 salary is not subject to collective bargaining. but is discussable.
1420+36 (h) A teacher appreciation grant received by a school shall be
1421+37 allocated among and used only to pay cash stipends to all licensed
1422+38 teachers employed in the classroom who are rated as effective or as
1423+39 highly effective and employed by the school as of December 1. A
1424+40 school may allocate up to twenty percent (20%) of the grant received
1425+41 by the school to provide a supplemental award to teachers with less
1426+42 than five (5) years of service who are rated as effective or as highly
1427+ES 486—LS 7241/DI 110 33
1428+1 effective. The supplemental award is in addition to the award made
1429+2 from the part of the grant that is allocated to all eligible teachers.
1430+3 (i) The lead school corporation or interlocal cooperative
1431+4 administering a cooperative or other special education program or
1432+5 administering a career and technical education program, including
1433+6 programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
1434+7 IC 36-1-7, shall award teacher appreciation grant stipends to and carry
1435+8 out the other responsibilities of an employing school corporation under
1436+9 this section for the teachers in the special education program or career
1437+10 and technical education program.
1438+11 (j) A school shall distribute all stipends from a teacher appreciation
1439+12 grant to individual teachers within twenty (20) business days of the
1440+13 date the department distributes the teacher appreciation grant to the
1441+14 school. Any part of the teacher appreciation grant not distributed as
1442+15 stipends to teachers before February must be returned to the
1443+16 department on the earlier of the date set by the department or June 30
1444+17 of that state fiscal year.
1445+18 (k) The department, after review by the budget committee, may
1446+19 waive the December 5 deadline under subsection (f) to distribute an
1447+20 annual teacher appreciation grant to the school under this section for
1448+21 that state fiscal year and approve an extension of that deadline to a later
1449+22 date within that state fiscal year, if the department determines that a
1450+23 waiver and extension of the deadline are in the public interest.
1451+24 (l) The state board may adopt rules under IC 4-22-2, including
1452+25 emergency rules in the manner provided in IC 4-22-2-37.1, as
1453+26 necessary to implement this section.
1454+27 (m) This section expires June 30, 2023.
1455+28 SECTION 32. IC 20-50-1-3 IS REPEALED [EFFECTIVE JULY 1,
1456+29 2023]. Sec. 3. (a) Every local educational agency, regardless of whether
1457+30 it receives a McKinney-Vento Act grant, is required to designate a
1458+31 local liaison under 42 U.S.C. 11432.
1459+32 (b) The local liaison serves as one (1) of the primary contacts
1460+33 between homeless families and:
1461+34 (1) school staff;
1462+35 (2) district personnel;
1463+36 (3) shelter workers; and
1464+37 (4) other service providers.
1465+38 (c) The local liaison coordinates services to ensure the following:
1466+39 (1) Homeless children and youths are identified by school
1467+40 personnel through outreach and coordination activities with other
1468+41 entities and agencies pursuant to the McKinney-Vento Act.
1469+42 (2) Homeless children and youths are enrolled in, and have full
1470+ES 486—LS 7241/DI 110 34
1471+1 and equal opportunity to succeed in, school.
1472+2 (3) Homeless families and homeless children and youths are
1473+3 provided access to receive education services for which the
1474+4 homeless families and homeless children and youths are eligible,
1475+5 including Head Start, early intervention services under the
1476+6 Individuals with Disabilities Education Act, and preschool
1477+7 programs administered by the local educational agency.
1478+8 (4) Homeless families and homeless children and youths are
1479+9 referred to health, dental, mental health, and substance abuse
1480+10 services, housing services, and other appropriate services.
1481+11 (5) Parents or guardians of homeless children and youths are
1482+12 informed of educational and related opportunities available to the
1483+13 children and are provided with meaningful opportunities to
1484+14 participate in the education of the children.
1485+15 (6) Public notice of educational rights of homeless students is
1486+16 disseminated in locations frequented by parents and guardians of
1487+17 homeless children and youths, and unaccompanied youths,
1488+18 including in schools, shelters, public libraries, and soup kitchens,
1489+19 in a manner and form understandable to the parents and guardians
1490+20 of homeless children and youths and unaccompanied youths.
1491+21 (7) Enrollment disputes are mediated in accordance with the
1492+22 McKinney-Vento Act.
1493+23 (8) Parents and guardians of homeless children and youths and
1494+24 unaccompanied youths are fully informed of all transportation
1495+25 services, including transportation to and from the school of origin,
1496+26 and are assisted in accessing transportation services.
1497+27 (9) School personnel receive professional development and other
1498+28 support.
1499+29 (10) Unaccompanied youths:
1500+30 (A) are enrolled in school;
1501+31 (B) have opportunities to meet the same state academic
1502+32 standards as established for other children and youths; and
1503+33 (C) are informed of the status of unaccompanied youths as
1504+34 independent students under section 40 of the Higher Education
1505+35 Act of 1965 (20 U.S.C. 1087vv), to ensure the rights of
1506+36 unaccompanied youths to receive verification of this status
1507+37 from the local liaison.
1508+38 SECTION 33. IC 20-50-1-6 IS REPEALED [EFFECTIVE JULY 1,
1509+39 2023]. Sec. 6. (a) Each year, the department shall provide training to
1510+40 individuals who are appointed under section 3 of this chapter as
1511+41 liaisons for homeless children.
1512+42 (b) The local educational agency shall provide professional
1513+ES 486—LS 7241/DI 110 35
1514+1 development training to school staff, including teachers,
1515+2 paraprofessionals, and school support staff, at least one (1) time per
1516+3 year. The development training shall include:
1517+4 (1) the definition of homelessness;
1518+5 (2) signs of homelessness; and
1519+6 (3) steps to take when a homeless student is identified.
1520+7 (c) The local educational agency shall provide professional
1521+8 development training to specialized instructional support personnel that
1522+9 is designed to heighten the understanding and sensitivity of the
1523+10 personnel to:
1524+11 (1) the needs of homeless children and youths;
1525+12 (2) the rights of homeless children and youths under the
1526+13 McKinney-Vento Act; and
1527+14 (3) the specific educational needs of homeless children and
1528+15 youths.
1529+16 SECTION 34. IC 31-36-3-4, AS ADDED BY P.L.211-2019,
1530+17 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1531+18 JULY 1, 2023]: Sec. 4. (a) As used in this section, "homeless youth"
1532+19 means an individual who:
1533+20 (1) is:
1534+21 (A) at least sixteen (16) years of age; and
1535+22 (B) less than eighteen (18) years of age;
1536+23 (2) is unemancipated;
1537+24 (3) is mentally competent; and
1538+25 (4) lives in a situation described in 42 U.S.C. 11434a(2)(A) and
1539+26 42 U.S.C. 11434a(2)(B) with or without the consent of the
1540+27 individual's parent, guardian, or custodian.
1541+28 (b) An individual identified in subsection (c)(3) who presents a fee
1542+29 and consent waiver affidavit described in subsection (c) on behalf of a
1543+30 homeless youth to the appropriate agency or entity shall:
1544+31 (1) have access, without charge and the consent of a parent,
1545+32 guardian, or custodian, to the homeless youth's:
1546+33 (A) certificate of birth;
1547+34 (B) photo identification card under IC 9-24-16-10(c); and
1548+35 (C) Indiana driver's license; and
1549+36 (2) be permitted to enroll the homeless youth in adult basic
1550+37 education services and register the homeless youth for the Indiana
1551+38 high school equivalency examination following the completion of
1552+39 an exit interview by the homeless youth under IC 20-33-2-9.
1553+40 (c) A fee and consent waiver affidavit executed under this
1554+41 subsection shall contain the following:
1555+42 (1) The homeless youth's:
1556+ES 486—LS 7241/DI 110 36
1557+1 (A) full name; and
1558+2 (B) date of birth.
1559+3 (2) The name, address, and telephone number of the government
1560+4 entity, school corporation liaison for homeless youth, under
1561+5 IC 20-50-1-3, or nonprofit organization that:
1562+6 (A) is providing services to the homeless youth; and
1563+7 (B) will accept delivery of mail for the homeless youth.
1564+8 (3) The name of the legal representative of the government entity,
1565+9 school corporation liaison for homeless youth, under
1566+10 IC 20-50-1-3, or nonprofit organization described in subdivision
1567+11 (2).
1568+12 (4) The signature of the legal representative described in
1569+13 subdivision (3) and the date of the signature.
1570+14 (5) The signature of the homeless youth and the date of the
1571+15 signature.
1572+16 A fee and consent waiver affidavit executed under this subsection must
1573+17 be verified by affirmation or representation.
1574+18 SECTION 35. [EFFECTIVE UPON PASSAGE] (a) The legislative
1575+19 council is urged to assign to the appropriate interim study
1576+20 committee, during the 2023 legislative interim, the task of studying
1577+21 current school assessments in an effort to reduce and streamline
1578+22 assessments for Indiana students.
1579+23 (b) This SECTION expires January 1, 2024.
1580+24 SECTION 36. An emergency is declared for this act.
1581+ES 486—LS 7241/DI 110 37
1582+COMMITTEE REPORT
1583+Madam President: The Senate Committee on Education and Career
1584+Development, to which was referred Senate Bill No. 486, has had the
1585+same under consideration and begs leave to report the same back to the
1586+Senate with the recommendation that said bill be AMENDED as
1587+follows:
1588+Page 1, between the enacting clause and line 1, begin a new
1589+paragraph and insert:
1590+"SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.197-2021,
151591 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
161592 JULY 1, 2023]: Sec. 6.1. (a) As used in this section, "public official"
171593 means a person:
181594 (1) who is a member of a governing body of a public agency; or
191595 (2) whose tenure and compensation are fixed by law and who
201596 executes an oath.
211597 (b) Executive sessions may be held only in the following instances:
221598 (1) Where authorized by federal or state statute.
231599 (2) For discussion of strategy with respect to any of the following:
241600 (A) Collective bargaining, which does not include a
251601 discussion or meeting under IC 20-29-6-7.
261602 (B) Initiation of litigation or litigation that is either pending or
271603 has been threatened specifically in writing. As used in this
281604 clause, "litigation" includes any judicial action or
291605 administrative law proceeding under federal or state law.
301606 (C) The implementation of security systems.
311607 (D) A real property transaction including:
321608 (i) a purchase;
331609 (ii) a lease as lessor;
34-SEA 486 — Concur 2
351610 (iii) a lease as lessee;
361611 (iv) a transfer;
371612 (v) an exchange; or
381613 (vi) a sale;
391614 by the governing body up to the time a contract or option is
401615 executed by the parties. This clause does not affect a political
411616 subdivision's duty to comply with any other statute that
421617 governs the conduct of the real property transaction, including
431618 IC 36-1-10 or IC 36-1-11.
441619 (E) School consolidation.
451620 However, all such strategy discussions must be necessary for
461621 competitive or bargaining reasons and may not include
471622 competitive or bargaining adversaries.
1623+ES 486—LS 7241/DI 110 38
481624 (3) For discussion of the assessment, design, and implementation
491625 of school safety and security measures, plans, and systems.
501626 (4) Interviews and negotiations with industrial or commercial
511627 prospects or agents of industrial or commercial prospects by:
521628 (A) the Indiana economic development corporation;
531629 (B) the office of tourism development (before July 1, 2020) or
541630 the Indiana destination development corporation (after June
551631 30, 2020);
561632 (C) the Indiana finance authority;
571633 (D) the ports of Indiana;
581634 (E) an economic development commission;
591635 (F) the Indiana state department of agriculture;
601636 (G) the Indiana White River state park development
611637 commission;
621638 (H) a local economic development organization that is a
631639 nonprofit corporation established under state law whose
641640 primary purpose is the promotion of industrial or business
651641 development in Indiana, the retention or expansion of Indiana
661642 businesses, or the development of entrepreneurial activities in
671643 Indiana; or
681644 (I) a governing body of a political subdivision.
691645 However, this subdivision does not apply to any discussions
701646 regarding research that is prohibited under IC 16-34.5-1-2 or
711647 under any other law.
721648 (5) To receive information about and interview prospective
731649 employees.
741650 (6) With respect to any individual over whom the governing body
751651 has jurisdiction:
761652 (A) to receive information concerning the individual's alleged
77-SEA 486 — Concur 3
781653 misconduct; and
791654 (B) to discuss, before a determination, the individual's status
801655 as an employee, a student, or an independent contractor who
811656 is:
821657 (i) a physician; or
831658 (ii) a school bus driver.
841659 (7) For discussion of records classified as confidential by state or
851660 federal statute.
861661 (8) To discuss before a placement decision an individual student's
871662 abilities, past performance, behavior, and needs.
881663 (9) To discuss a job performance evaluation of individual
891664 employees. This subdivision does not apply to a discussion of the
901665 salary, compensation, or benefits of employees during a budget
1666+ES 486—LS 7241/DI 110 39
911667 process.
921668 (10) When considering the appointment of a public official, to do
931669 the following:
941670 (A) Develop a list of prospective appointees.
951671 (B) Consider applications.
961672 (C) Make one (1) initial exclusion of prospective appointees
971673 from further consideration.
981674 Notwithstanding IC 5-14-3-4(b)(12), a governing body may
991675 release and shall make available for inspection and copying in
1001676 accordance with IC 5-14-3-3 identifying information concerning
1011677 prospective appointees not initially excluded from further
1021678 consideration. An initial exclusion of prospective appointees from
1031679 further consideration may not reduce the number of prospective
1041680 appointees to fewer than three (3) unless there are fewer than
1051681 three (3) prospective appointees. Interviews of prospective
1061682 appointees must be conducted at a meeting that is open to the
1071683 public.
1081684 (11) To train school board members with an outside consultant
1091685 about the performance of the role of the members as public
1101686 officials.
1111687 (12) To prepare or score examinations used in issuing licenses,
1121688 certificates, permits, or registrations under IC 25.
1131689 (13) To discuss information and intelligence intended to prevent,
1141690 mitigate, or respond to the threat of terrorism.
1151691 (14) To train members of a board of aviation commissioners
1161692 appointed under IC 8-22-2 or members of an airport authority
1171693 board appointed under IC 8-22-3 with an outside consultant about
1181694 the performance of the role of the members as public officials. A
1191695 board may hold not more than one (1) executive session per
120-SEA 486 — Concur 4
1211696 calendar year under this subdivision.
1221697 (15) For discussion by the governing body of a state educational
1231698 institution of:
1241699 (A) the assessment of; or
1251700 (B) negotiation with another entity concerning;
1261701 the establishment of a collaborative relationship or venture to
1271702 advance the research, engagement, or education mission of the
1281703 state educational institution. However, this subdivision does not
1291704 apply to any discussions regarding research that is prohibited
1301705 under IC 16-34.5-1-2 or under any other law.
1311706 (c) A final action must be taken at a meeting open to the public.
1321707 (d) Public notice of executive sessions must state the subject matter
1331708 by specific reference to the enumerated instance or instances for which
1709+ES 486—LS 7241/DI 110 40
1341710 executive sessions may be held under subsection (b). The requirements
1351711 stated in section 4 of this chapter for memoranda and minutes being
1361712 made available to the public is modified as to executive sessions in that
1371713 the memoranda and minutes must identify the subject matter
1381714 considered by specific reference to the enumerated instance or
1391715 instances for which public notice was given. The governing body shall
1401716 certify by a statement in the memoranda and minutes of the governing
1411717 body that no subject matter was discussed in the executive session
1421718 other than the subject matter specified in the public notice.
1431719 (e) A governing body may not conduct an executive session during
1441720 a meeting, except as otherwise permitted by applicable statute. A
1451721 meeting may not be recessed and reconvened with the intent of
146-circumventing this subsection.
147-SECTION 2. IC 20-19-3-11.7, AS ADDED BY P.L.211-2018(ss),
148-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
149-JULY 1, 2023]: Sec. 11.7. (a) The department shall maintain a link on
150-the department's Internet web site website that provides parents and
151-school officials with resources or best practices regarding the
152-identification and reporting of human trafficking. The resources must
153-include
154-(1) guidance on how to report to law enforcement agencies
155-instances of human trafficking; and
156-(2) information that may assist school officials in complying with
157-inservice training requirements under IC 20-28-3-7.
158-(b) The department shall consult with law enforcement agencies,
159-school officials, and organizations that have expertise in the prevention
160-of human trafficking for purposes of developing or providing the
161-resources or best practices described in subsection (a).
162-SECTION 3. IC 20-19-3-20.5 IS REPEALED [EFFECTIVE JULY
163-SEA 486 — Concur 5
164-1, 2023]. Sec. 20.5. (a) This section does not apply to a mediator or
165-independent hearing officer retained by the department before July 1,
166-2019.
167-(b) Not later than January 1, 2021, the department shall ensure that
168-all mediators, administrative law judges, hearing officers, and other
169-appointees, employees, and contractors who:
170-(1) are initially retained by the department after June 30, 2019;
171-and
172-(2) mediate or adjudicate disputes involving educational entities
173-through the department;
174-are effectively trained and committed to serve as both mediators and
175-adjudicators.
176-SECTION 4. IC 20-19-3-29 IS ADDED TO THE INDIANA CODE
177-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
178-1, 2023]: Sec. 29. (a) Not later than July 1, 2024, the department
179-may establish or license for use an online platform that:
180-(1) provides information and training on each of the subjects
181-and content described in IC 20-28-3-5.5;
182-(2) is accessible to both teachers and students enrolled in a
183-teacher preparation program; and
184-(3) upon successful completion of the training, provides
185-written confirmation to a teacher or student described in
186-subdivision (2) that the teacher or student successfully
187-completed the training.
188-(b) Not later than July 1, 2025, the department may include the
189-following information and training on the online platform
190-described in subsection (a):
191-(1) Youth suicide awareness and prevention as described in
192-IC 20-28-3-6.
193-(2) 29 CFR 1910.1030 concerning bloodborne pathogens.
194-(3) Bullying prevention as described in IC 20-26-5-34.2.
195-(4) Child abuse and neglect as described in IC 20-28-3-4.5.
196-(5) 29 CFR 1910.147 concerning lock out/tag out.
197-(6) 511 IAC 5-5-5 concerning assessment training.
198-(c) If a teacher successfully completes a training on the online
199-platform, the training must count towards continuing education
200-required for licensure renewal, as prescribed by the department.
201-SECTION 5. IC 20-26-18-4 IS REPEALED [EFFECTIVE JULY 1,
202-2023]. Sec. 4. A school corporation shall establish the following
203-educational programs in its efforts to address criminal organization
204-activity:
205-(1) An evidence based educational criminal organization
206-SEA 486 — Concur 6
207-awareness program for students, school employees, and parents.
208-(2) A school employee development program to provide training
209-to school employees in the implementation of the criminal
210-organization policy established under section 2 of this chapter.
211-SECTION 6. IC 20-26-18.2-2, AS AMENDED BY P.L.139-2022,
212-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213-JULY 1, 2023]: Sec. 2. (a) A school resource officer may be employed:
214-(1) by one (1) or more school corporations or charter schools
215-through a contract between a local law enforcement agency and
216-the school corporation or school corporations or the charter school
217-or charter schools;
218-(2) by one (1) or more school corporations or charter schools;
219-(3) by a local law enforcement agency that assigns the school
220-resource officer to one (1) or more school corporations or charter
221-schools through a memorandum of understanding between the
222-local law enforcement agency and the school corporation or
223-school corporations or the charter school or charter schools; or
224-(4) through a contract between an Indiana business that employs
225-persons who meet the qualifications of a school resource officer
226-and the school corporation or school corporations or the charter
227-school or charter schools.
228-(b) This subsection does not apply to a school corporation that only
229-has full-time school resource officers who are either employees of the
230-school corporation's school police department or are employees of the
231-school corporation who have successfully completed the law
232-enforcement basic training requirements described in IC 5-2-1-9(d).
233-After June 30, 2023, if a school corporation or charter school enters
234-into a contract for a school resource officer, the school corporation or
235-charter school must enter into a memorandum of understanding with
236-the law enforcement agency that employs or appointed the law
237-enforcement officer who will perform the duties of a school resource
238-officer. The memorandum of understanding must state the nature and
239-scope of a school resource officer's duties and responsibilities. A school
240-resource officer's duties and responsibilities include the duty to assist
241-the school corporation's school safety specialist with the development
242-and implementation of a school safety plan that does the following:
243-(1) Protects against outside threats to the physical safety of
244-students.
245-(2) Prevents unauthorized access to school property.
246-(3) Secures schools against violence and natural disasters.
247-(4) On or before July 1, 2020, Identifies the location of any
248-bleeding control kits (as defined in IC 20-34-3-24(a)).
249-SEA 486 — Concur 7
250-(c) A school resource officer shall consult with local law
251-enforcement officials and first responders when assisting the school
252-corporation's school safety specialist in the development of the school
253-safety plan.
254-(d) A school resource officer shall participate in the development of
255-programs designed to identify, assess, and provide assistance to
256-troubled youth.
257-(e) A school resource officer may not be reassigned to other duties
258-by the school corporation.
259-SECTION 7. IC 20-28-3-1, AS AMENDED BY P.L.41-2022,
260-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
261-JULY 1, 2023]: Sec. 1. (a) As used in this section, "teacher candidate"
262-means an individual recommended for an initial teaching license from
263-a teacher preparation program located in Indiana.
264-(b) As used in this section, "teacher preparation program" includes,
265-but is not limited to, the following:
266-(1) A teacher education school or department.
267-(2) A transition to teaching program under IC 20-28-4.
268-(3) Any other entity approved by the department to offer a course
269-of study leading to an initial teaching license.
270-(c) The department shall:
271-(1) arrange a statewide system of professional instruction for
272-teacher education;
273-(2) accredit and review teacher preparation programs that comply
274-with the rules of the department;
275-(3) approve content area licensure programs for particular kinds
276-of teachers in accredited teacher preparation programs; and
277-(4) specify the types of licenses for individuals who complete
278-programs of approved courses.
279-(d) The department shall work with teacher preparation programs to
280-develop a system of teacher education that ensures individuals who
281-complete teacher preparation programs are able to meet the highest
282-professional standards.
283-(e) Before July 1, 2015, the department shall establish standards for
284-the continuous improvement of program processes and the performance
285-of individuals who complete teacher preparation programs. The state
286-board shall adopt rules containing the standards not later than two
287-hundred seventy (270) days after the department finishes the standards.
288-(f) The standards established under subsection (e) must include
289-benchmarks for performance, including test score data for each teacher
290-preparation entity on content area licensure tests and test score data for
291-each teacher preparation entity on pedagogy licensure tests.
292-SEA 486 — Concur 8
293-(g) Each teacher preparation program shall annually report the
294-program's performance on the standards and benchmarks established
295-under this section to the department. The department shall make the
296-information reported under this subsection available to the public on
297-the department's Internet web site. website. Each teacher preparation
298-program shall make the information reported under this subsection
299-available to the public on the teacher preparation program's Internet
300-web site. website. In addition to reporting performance, each teacher
301-preparation program must report to the department the following:
302-(1) The attrition, retention, and completion rates of teacher
303-candidates for the previous three (3) calendar years. The teacher
304-preparation program must also provide underlying data, as
305-determined by the department, used as part of calculating the
306-teacher preparation program's retention rates.
307-(2) The number of teacher candidates in each content area who
308-complete the teacher preparation program during the year,
309-disaggregated by ranges of cumulative grade point averages.
310-(3) The number of teacher candidates in each content area who,
311-during the year:
312-(A) do not pass a content area licensure examination; and
313-(B) do not retake the content area licensure examination.
314-(h) In making information available to the public on the
315-department's Internet web site, website, the department shall include
316-in the report under subsection (g), in addition to the matrix ratings
317-described in subsection (i), the following information:
318-(1) Average scaled or standard scores of teacher candidates who
319-complete teacher preparation programs on basic skills, content
320-area, and pedagogy licensure examinations.
321-(2) The average number of times teacher candidates who
322-complete a teacher preparation program take each licensing test
323-before receiving a passing score and the percentage of teacher
324-candidates who receive a passing score on each licensing test on
325-the teacher candidates' first attempts.
326-(i) Not later than July 30, 2016, the department and the commission
327-for higher education, in conjunction with the state board, the
328-Independent Colleges of Indiana, Inc., and teacher preparation
329-programs, shall establish a matrix rating system for teacher preparation
330-programs based on the performance of the programs as demonstrated
331-by the data collected under subsections (g) and (h). and information
332-reported to the department under IC 20-28-11.5-9. The matrix rating
333-system may not rank or compare teacher preparation programs. The
334-matrix rating system must be based on data collected for teachers who
335-SEA 486 — Concur 9
336-initially receive their teaching license during the previous three (3)
337-years. The department shall make the matrix ratings available to the
338-public on the department's Internet web site. website.
339-(j) Each teacher preparation program shall report to the department,
340-in a manner prescribed by the department, the teacher preparation
341-program's admission practices, in accordance with:
342-(1) the Council for the Accreditation of Educator Preparation
343-standards, for teacher preparation programs accredited by the
344-Council for the Accreditation of Educator Preparation;
345-(2) rigorous academic entry requirements for admission into a
346-teacher preparatory program that are equivalent to the minimum
347-academic requirements determined by the Council for the
348-Accreditation of Educator Preparation, for teacher preparation
349-programs that are not accredited by the Council for the
350-Accreditation of Educator Preparation; or
351-(3) the Association for Advancing Quality in Educator
352-Preparation standards, for teacher preparation programs
353-accredited by the Association for Advancing Quality in Educator
354-Preparation.
355-The department shall include information reported to the department
356-on the department's Internet web site. website.
357-(k) Not later than July 30, 2016, the department and the commission
358-for higher education, in conjunction with the state board, the
359-Independent Colleges of Indiana, Inc., and teacher preparation
360-programs, shall establish a minimum rating under the matrix rating
361-system established under subsection (i) that teacher preparation
362-programs must achieve to avoid referral under subsection (l).
363-(l) Beginning July 1, 2017, and not later than each July 1 thereafter,
364-the department shall submit a list of teacher preparation programs that
365-do not meet the minimum rating established under subsection (k) to the
366-commission for higher education and the Independent Colleges of
367-Indiana, Inc. for one (1) of the following actions:
368-(1) In the case of a state educational institution, the commission
369-for higher education shall place the teacher preparation program
370-on an improvement plan with clear performance goals and a
371-designated period in which the performance goals must be
372-achieved.
373-(2) In the case of a proprietary postsecondary educational
374-institution, the commission for higher education shall recommend
375-to the teacher preparation program an improvement plan with
376-clear performance goals and a designated period in which the
377-performance goals should be achieved.
378-SEA 486 — Concur 10
379-(3) In the case of a nonprofit college or university, the
380-Independent Colleges of Indiana, Inc., shall coordinate a peer
381-review process to make recommendations to the peer institution
382-in achieving the department's performance metrics.
383-(m) The department shall approve at least two (2) accreditors that:
384-(1) accredit teacher preparation programs; and
385-(2) are recognized by the Council for Higher Education
386-Accreditation;
387-to accredit teacher preparation programs for use in Indiana.
388-SECTION 8. IC 20-28-3-5.5 IS ADDED TO THE INDIANA CODE
389-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
390-1, 2023]: Sec. 5.5. Not later than July 1, 2024, a teacher preparation
391-program shall include content within the curriculum on the
392-following:
393-(1) Information on criminal gang organizations awareness.
394-(2) Information regarding homeless students, including:
395-(A) the definition of homelessness;
396-(B) signs of homelessness; and
397-(C) steps to take when a homeless student is identified.
398-(3) Information on recognizing the signs and symptoms of
399-seizures and the appropriate steps to be taken to respond to
400-these symptoms.
401-SECTION 9. IC 20-28-3-7, AS AMENDED BY P.L.92-2020,
402-SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
403-JULY 1, 2023]: Sec. 7. (a) Each school corporation and state accredited
404-nonpublic school shall require all school employees likely to have
405-direct, ongoing contact with children within the scope of the
406-employee's employment to attend or participate in inservice training
407-pertaining to the identification and reporting of human trafficking. The
408-training shall be conducted in a manner prescribed by the state board
409-under IC 20-28-5.5-1, and after June 30, 2024, the training may be
410-offered through the online platform established or licensed for use
411-under IC 20-19-3-29 if available.
412-(b) The inservice training required under this section shall count
413-toward the requirements for professional development required by the
414-governing body or the equivalent authority for a state accredited
415-nonpublic school.
416-SECTION 10. IC 20-28-3-9 IS REPEALED [EFFECTIVE JULY 1,
417-2023]. Sec. 9. (a) Each school corporation and charter school shall
418-require all applicants for employment who will have direct, ongoing
419-contact with children within the scope of the applicant's employment
420-to attend, before or not later than thirty (30) days after the start date of
421-SEA 486 — Concur 11
422-the applicant's employment, training concerning recognition of the
423-signs and symptoms of seizures and the appropriate steps to be taken
424-to respond to these symptoms.
425-(b) Each school corporation and charter school shall require all
426-school employees who have direct, ongoing contact with children
427-within the scope of the employee's employment to attend the training
428-described in subsection (a) at least once every five (5) years.
429-(c) The format of the training required under this section may
430-include:
431-(1) an in-person presentation;
432-(2) an electronic or technology based medium, including
433-self-review modules available on an online system;
434-(3) an individual program of study designated materials; or
435-(4) any other method approved by the governing body or
436-organizer of a charter school that is consistent with current
437-professional development standards.
438-(d) The training required under this section must be during the
439-school employee's contracted day or at a time chosen by the employee.
440-(e) The training required under this section shall count toward the
441-requirements for professional development required by the governing
442-body of a school corporation or its equivalent for a charter school.
443-(f) The training requirements must be consistent with the training
444-programs and guidelines developed by the Epilepsy Foundation of
445-America or a successor organization.
446-SECTION 11. IC 20-28-5-27, AS ADDED BY P.L.168-2022,
447-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
448-JULY 1, 2023]: Sec. 27. (a) In an effort to fill a vacant teaching
449-position, offer a new program or class, or supplement a program
450-currently being offered, the governing body of a school corporation
451-may issue an adjunct teacher permit to an individual if the following
452-minimum requirements are met:
453-(1) The individual has at least four (4) years of experience in the
454-content area in which the individual intends to teach.
455-(2) The school corporation conducts an expanded criminal history
456-check and expanded child protection index check concerning the
457-individual as required under IC 20-26-5-10.
458-(3) The individual has not been convicted of a felony listed in
459-section 8(c) of this chapter or described in section 8(d) of this
460-chapter or the individual's conviction has been reversed, vacated,
461-or set aside on appeal.
462-However, the governing body may establish stricter requirements than
463-the requirements prescribed by this subsection.
464-SEA 486 — Concur 12
465-(b) If a governing body of a school corporation issues an adjunct
466-teacher permit to an individual under subsection (a):
467-(1) the school corporation may enter into an employment
468-agreement for employment with the individual as a part-time or
469-full-time teacher of the school corporation;
470-(2) the individual who holds the adjunct permit may teach in any
471-content area in which the school corporation allows the individual
472-to teach based on the individual's experience described in
473-subsection (a);
474-(3) the individual must be assigned a teacher mentor for support
475-in pedagogy; and
476-(4) the individual must complete the following training within the
477-first ninety (90) days of employment:
478-(A) IC 20-26-5-34.2 (bullying prevention).
479-(B) IC 20-28-3-4.5 (training on child abuse and neglect).
480-(C) IC 20-28-3-6 (youth suicide awareness and prevention
481-training).
482-(D) IC 20-28-3-7 (training on human trafficking).
1722+circumventing this subsection.".
1723+Page 11, line 27, reset in roman "(D)".
1724+Page 11, line 27, after "trafficking)." insert "Training regarding
1725+identifying and reporting human trafficking.
4831726 The training described in subdivision (4)(D) may be completed
484-through the online platform described in IC 20-19-3-29.
485-(c) An adjunct teacher may not provide special education
486-instruction.
487-(d) The salary of an adjunct teacher under an employment
488-agreement described in IC 20-28-6-7.3 is not subject to the
489-requirements under IC 20-28-9-1.5 or a local compensation plan
490-established by a school corporation as described in IC 20-28-9-1.5.
491-(e) Except as otherwise provided in a collective bargaining
492-agreement entered into or renewed before July 1, 2022, an employment
493-agreement entered into under this section is not subject to a collective
494-bargaining agreement entered into under IC 20-29.
495-(f) It is not an unfair practice for a school corporation to enter into
496-an employment agreement under this section.
497-(g) Each school corporation that hires an adjunct teacher under this
498-section shall report to the department the following information:
499-(1) The number of adjunct teachers who hold a permit issued
500-under this section that the school corporation has hired each
501-school year, disaggregated by the grade level and subject area
502-taught by the adjunct teacher.
503-(2) The following information for each adjunct teacher described
504-in subdivision (1):
505-(A) The name of the adjunct teacher.
506-(B) The subject matter the adjunct teacher is permitted to
507-SEA 486 — Concur 13
508-teach.
509-(C) A description of the adjunct teacher's experience described
510-in subsection (a)(1).
511-(D) The adjunct teacher's total salary and any other
512-compensation paid to the adjunct teacher during the school
513-year.
514-(E) The number of previous adjunct teaching employment
515-agreements the adjunct teacher has entered into with the
516-school corporation or any other school corporation.
517-(h) A school corporation shall post a vacant adjunct teacher position
518-on the department's online adjunct teacher portal established under
519-IC 20-19-3-25.
520-(i) A school corporation may notify the parents of students enrolled
521-in the school corporation of a vacant adjunct teacher position.
522-(j) The governing body of a school corporation shall announce any
523-vacant adjunct teacher positions at meetings of the governing body.
524-SECTION 12. IC 20-28-6-2, AS AMENDED BY P.L.168-2022,
525-SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
526-JULY 1, 2023]: Sec. 2. (a) Except as provided under section 7.3 of this
527-chapter, a contract entered into by a teacher and a school corporation
528-must:
529-(1) be in writing;
530-(2) be signed by both parties; and
531-(3) contain the:
532-(A) beginning date of the school term as determined annually
533-by the school corporation;
534-(B) number of days in the school term as determined annually
535-by the school corporation;
536-(C) total salary to be paid to the teacher during the school year;
537-(D) number of salary payments to be made to the teacher
538-during the school year; and
539-(E) number of hours per day the teacher is expected to work.
540-as discussed pursuant to IC 20-29-6-7.
541-(b) The contract may provide for the annual determination of the
542-teacher's annual compensation based on a local compensation plan
543-specifying a salary range, which is part of the contract. The
544-compensation plan may be changed by the school corporation before
545-the later of May 1 of a year, with the changes effective the next school
546-year, or the date specified in a collective bargaining agreement
547-applicable to the next school year. A teacher affected by the changes
548-shall be furnished with printed copies of the changed compensation
549-plan not later than thirty (30) days after the adoption of the
550-SEA 486 — Concur 14
551-compensation plan.
552-(c) A contract under this section is also governed by the following
553-statutes:
554-(1) IC 20-28-9-5 through IC 20-28-9-6.
555-(2) IC 20-28-9-9 through IC 20-28-9-11.
556-(3) IC 20-28-9-13.
557-(4) IC 20-28-9-14.
558-(d) A governing body shall provide the blank contract forms,
559-carefully worded by the secretary of education, and have them signed.
560-The contracts are public records open to inspection by the residents of
561-each school corporation.
562-(e) An action may be brought on a contract that conforms with
563-subsections (a)(1), (a)(2), and (d).
564-SECTION 13. IC 20-28-6-7.5, AS ADDED BY P.L.90-2011,
565-SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
566-JULY 1, 2023]: Sec. 7.5. (a) A teacher who is subject to section 8 of
567-this chapter is not subject to this section.
568-(b) After June 30, 2011, A teacher who:
569-(1) serves under contract as a teacher in a public school
570-corporation;
571-(2) has not received a rating in an evaluation under IC 20-28-11.5
572-or receives a rating of ineffective in an evaluation under
573-IC 20-28-11.5;
574-(2) either:
575-(A) receives two (2) consecutive ratings of ineffective, as
576-determined by the school corporation, on an annual
577-evaluation under IC 20-28-11.5; or
578-(B) is in the teacher's first or second year of full-time
579-teaching in a classroom; and
580-(3) has not at any time before July 1, 2012, entered into a teaching
581-contract for further service with the school corporation; and
582-(4) has not received three (3) ratings in a five (5) year period of
583-effective or highly effective in an evaluation under IC 20-28-11.5;
584-shall be considered a probationary teacher.
585-(c) After June 30, 2011, A teacher who: receives a rating of:
586-(1) effective; is not a probationary teacher under subsection
587-(b); and
588-(2) highly effective; or enters into a contract described in
589-section 2 of this chapter;
590-(3) a combination of both subdivisions (1) and (2);
591-in an evaluation under IC 20-28-11.5 for at least three (3) years in a
592-five (5) year or shorter period becomes a professional teacher. by
593-SEA 486 — Concur 15
594-entering into a contract described in section 2 of this chapter.
595-(d) A professional teacher who receives a rating of ineffective in an
596-evaluation under IC 20-28-11.5 shall be considered a probationary
597-teacher but is not subject to the cancellation of the teacher's contract
598-unless at least one (1) of the following criteria applies:
599-(1) The teacher receives a rating of ineffective in an evaluation
600-under IC 20-28-11.5 in the year immediately following the
601-teacher's initial rating of ineffective.
602-(2) The teacher's contract cancellation is due to a justifiable
603-decrease in the number of teaching positions under
604-IC 20-28-7.5-1(b)(3).
605-(3) The teacher's contract cancellation is due to conduct set forth
606-in IC 20-28-7.5-1(b).
607-SECTION 14. IC 20-28-7.5-1, AS AMENDED BY P.L.239-2015,
608-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
609-JULY 1, 2023]: Sec. 1. (a) This chapter applies to a teacher in a school
610-corporation (as defined in IC 20-18-2-16(a)).
611-(b) A contract with a teacher may be canceled immediately in the
612-manner set forth in sections 2 through 4 of this chapter for any of the
613-following reasons:
614-(1) Immorality.
615-(2) Insubordination, which means a willful refusal to obey the
616-state school laws or reasonable rules adopted for the governance
617-of the school building or the school corporation.
618-(3) Incompetence, including:
619-(A) for probationary teachers, receiving an ineffective
620-designation on a performance evaluation or receiving two (2)
621-consecutive improvement necessary ratings on a performance
622-evaluation under IC 20-28-11.5; or
623-(B) for any teacher, receiving an ineffective designation on
624-two (2) consecutive performance evaluations or an ineffective
625-designation or improvement necessary rating under
626-IC 20-28-11.5 for three (3) years of any five (5) year period.
627-Repeated ineffective performance, as determined by the
628-school corporation.
629-(4) Neglect of duty.
630-(5) A conviction of an offense listed in IC 20-28-5-8(c).
631-(6) Other good or just cause.
632-(c) In addition to the reasons set forth in subsection (b), a
633-probationary teacher's contract may be canceled for any reason relevant
634-to the school corporation's interest in the manner set forth in sections
635-2 through 4 of this chapter.
636-SEA 486 — Concur 16
637-(d) After June 30, 2012, the cancellation of teacher's contracts due
638-to a justifiable decrease in the number of teaching positions shall be
639-determined on the basis of performance rather than seniority. In cases
640-where teachers are placed in the same performance category, any of the
641-items in IC 20-28-9-1.5(b) may be considered.
642-(e) Only the governing body may terminate, cancel, or otherwise
643-refuse to renew a contract of a superintendent or assistant
644-superintendent. Notice of the contract cancellation or the refusal to
645-renew the individual's contract must be provided in the manner
646-provided in IC 20-28-8-3(a).
647-SECTION 15. IC 20-28-9-1.5, AS AMENDED BY
1727+through the online platform described in IC 20-19-3-29.".
1728+Page 16, delete line 42.
1729+Delete pages 17 through 18.
1730+Page 19, delete lines 1 through 16, begin a new paragraph and
1731+insert:
1732+"SECTION 16. IC 20-28-9-1.5, AS AMENDED BY
6481733 P.L.178-2022(ts), SECTION 13, IS AMENDED TO READ AS
6491734 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This subsection
6501735 governs salary increases for a teacher employed by a school
6511736 corporation. Compensation attributable to additional degrees or
6521737 graduate credits earned before the effective date of a local
6531738 compensation plan created under this chapter before July 1, 2015, shall
6541739 continue for school years beginning after June 30, 2015. Compensation
6551740 attributable to additional degrees for which a teacher has started course
6561741 work before July 1, 2011, and completed course work before
6571742 September 2, 2014, shall also continue for school years beginning after
6581743 June 30, 2015. For school years beginning after June 30, 2022, a school
6591744 corporation may provide a supplemental payment to a teacher in excess
6601745 of the salary specified in the school corporation's compensation plan.
6611746 A supplement provided under this subsection is not subject to
6621747 collective bargaining. but a discussion of the supplement must be held.
6631748 Such a supplement is in addition to any increase permitted under
6641749 subsection (b).
6651750 (b) Increases or increments in a local salary range must be based
6661751 upon a combination of the following factors:
1752+ES 486—LS 7241/DI 110 41
6671753 (1) A combination of the following factors taken together may
6681754 account for not more than fifty percent (50%) of the calculation
6691755 used to determine a teacher's increase or increment:
6701756 (A) The number of years of a teacher's experience.
6711757 (B) The possession of either:
6721758 (i) additional content area degrees beyond the requirements
6731759 for employment; or
6741760 (ii) additional content area degrees and credit hours beyond
6751761 the requirements for employment, if required under an
6761762 agreement bargained under IC 20-29.
6771763 (2) The results of an evaluation conducted under IC 20-28-11.5.
6781764 (3) The assignment of instructional leadership roles, including the
679-SEA 486 — Concur 17
6801765 responsibility for conducting evaluations under IC 20-28-11.5.
6811766 (4) The academic needs of students in the school corporation.
6821767 (c) To provide greater flexibility and options, a school corporation
6831768 may differentiate the amount of salary increases or increments
6841769 determined for teachers. A school corporation shall base a
6851770 differentiated amount under this subsection on reasons the school
6861771 corporation determines are appropriate, which may include the:
6871772 (1) subject or subjects taught by a given teacher;
6881773 (2) importance of retaining a given teacher at the school
6891774 corporation;
6901775 (3) need to attract an individual with specific qualifications to fill
6911776 a teaching vacancy; and
6921777 (4) offering of a new program or class.
6931778 (d) A school corporation may provide differentiated increases or
6941779 increments under subsection (b), and in excess of the percentage
6951780 specified in subsection (b)(1), in order to:
6961781 (1) reduce the gap between the school corporation's minimum
6971782 teacher salary and the average of the school corporation's
6981783 minimum and maximum teacher salaries; or
6991784 (2) allow teachers currently employed by the school corporation
7001785 to receive a salary adjusted in comparison to starting base salaries
7011786 of new teachers.
7021787 (e) Except as provided in subsection (f), a teacher rated ineffective
7031788 or improvement necessary under IC 20-28-11.5 may not receive any
7041789 raise or increment for the following year if the teacher's employment
7051790 contract is continued. The amount that would otherwise have been
7061791 allocated for the salary increase of teachers rated ineffective or
7071792 improvement necessary shall be allocated for compensation of all
7081793 teachers rated effective and highly effective based on the criteria in
7091794 subsection (b).
1795+ES 486—LS 7241/DI 110 42
7101796 (f) Subsection (e) does not apply to a teacher in the first two (2) full
7111797 school years that the teacher provides instruction to students in
7121798 elementary school or high school. If a teacher provides instruction to
7131799 students in elementary school or high school in another state, any full
7141800 school year, or its equivalent in the other state, that the teacher provides
7151801 instruction counts toward the two (2) full school years under this
7161802 subsection.
7171803 (g) A teacher who does not receive a raise or increment under
7181804 subsection (e) may file a request with the superintendent or
7191805 superintendent's designee not later than five (5) days after receiving
7201806 notice that the teacher received a rating of ineffective. The teacher is
7211807 entitled to a private conference with the superintendent or
722-SEA 486 — Concur 18
7231808 superintendent's designee.
7241809 (h) The Indiana education employment relations board established
7251810 in IC 20-29-3-1 shall publish a model compensation plan with a model
7261811 salary range that a school corporation may adopt.
7271812 (i) Each school corporation shall submit its local compensation plan
7281813 to the Indiana education employment relations board. For a school year
7291814 beginning after June 30, 2015, a local compensation plan must specify
7301815 the range for teacher salaries. The Indiana education employment
7311816 relations board shall publish the local compensation plans on the
7321817 Indiana education employment relations board's Internet web site.
7331818 website.
7341819 (j) The Indiana education employment relations board shall review
7351820 a compensation plan for compliance with this section as part of its
7361821 review under IC 20-29-6-6.1. The Indiana education employment
7371822 relations board has jurisdiction to determine compliance of a
7381823 compensation plan submitted under this section.
7391824 (k) This chapter may not be construed to require or allow a school
7401825 corporation to decrease the salary of any teacher below the salary the
7411826 teacher was earning on or before July 1, 2015, if that decrease would
7421827 be made solely to conform to the new compensation plan.
7431828 (l) After June 30, 2011, all rights, duties, or obligations established
7441829 under IC 20-28-9-1 before its repeal are considered rights, duties, or
7451830 obligations under this section.
7461831 (m) An employment agreement described in IC 20-28-6-7.3 between
7471832 an adjunct teacher and a school corporation is not subject to this
748-section.
749-SECTION 16. IC 20-28-11.5-1, AS ADDED BY P.L.90-2011,
750-SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751-JULY 1, 2023]: Sec. 1. As used in this chapter, "evaluator" means an
752-individual who conducts a staff performance evaluation. The term
753-includes a teacher who:
754-(1) has clearly demonstrated a record of effective teaching over
755-several years;
756-(2) is approved by the principal as qualified to evaluate under the
757-plan; and
758-(3) conducts staff performance evaluations as a significant part of
759-teacher's responsibilities.
760-SECTION 17. IC 20-28-11.5-3, AS AMENDED BY P.L.172-2011,
761-SECTION 122, IS AMENDED TO READ AS FOLLOWS
762-[EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this chapter, "school
763-corporation" includes:
764-(1) a school corporation;
765-SEA 486 — Concur 19
766-(2) a school created by an interlocal agreement under IC 36-1-7;
767-(3) a special education cooperative under IC 20-35-5; and
768-(4) a joint career and technical education program created under
769-IC 20-37-1.
770-However, for purposes of section 4(a) and 4(b) of this chapter, "school
771-corporation" includes a charter school, a virtual charter school, and an
772-eligible school (as defined in IC 20-51-1-4.7).
773-SECTION 18. IC 20-28-11.5-4, AS AMENDED BY P.L.150-2020,
774-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
775-JULY 1, 2023]: Sec. 4. (a) Each school corporation shall develop or
776-adopt a plan for annual performance evaluations for each certificated
777-employee. A school corporation shall implement the plan beginning
778-with the 2012-2013 school year.
779-(b) Instead of developing its own staff performance evaluation plan
780-under subsection (a), a school corporation may adopt a staff
781-performance evaluation plan that meets the requirements set forth in
782-this chapter or any of the following models:
783-(1) A plan using master teachers or contracting with an outside
784-vendor to provide master teachers.
785-(2) The System for Teacher and Student Advancement (TAP).
786-(3) The Peer Assistance and Review Teacher Evaluation System
787-(PAR).
788-(c) A plan must include the following components:
789-(1) performance evaluations for all certificated employees,
790-conducted at least annually.
791-(2) Rigorous measures of effectiveness, including observations
792-and other performance indicators.
793-(3) An annual designation of each certificated employee in one
794-(1) of the following rating categories:
795-(A) Highly effective.
796-(B) Effective.
797-(C) Improvement necessary.
798-(D) Ineffective.
799-(4) An explanation of the evaluator's recommendations for
800-improvement, and the time in which improvement is expected.
801-(5) A provision that a teacher who negatively affects student
802-achievement and growth cannot receive a rating of highly
803-effective or effective.
804-(6) A pre-evaluation planning session conducted by the
805-superintendent or equivalent authority for the school corporation
806-with the principals in the school corporation.
807-(d) In developing a performance evaluation plan, a school
808-SEA 486 — Concur 20
809-corporation may consider the following:
810-(1) Test scores of students (both formative and summative).
811-(2) Classroom presentation observations.
812-(3) Observation of student-teacher interaction.
813-(4) Knowledge of subject matter.
814-(5) Dedication and effectiveness of the teacher through time and
815-effort on task.
816-(6) Contributions of teachers through group teacher interactivity
817-in fulfilling the school improvement plan.
818-(7) Cooperation of the teacher with supervisors and peers.
819-(8) Extracurricular contributions of the teacher.
820-(9) Outside performance evaluations.
821-(10) Compliance with school corporation rules and procedures.
822-(11) Other items considered important by the school corporation
823-in developing each student to the student's maximum intellectual
824-potential and performance.
825-The state board and the department may recommend additional factors,
826-but may not require additional factors unless directed to do so by the
827-general assembly.
828-(e) The state board may create a method or model to align currently
829-used performance evaluation plan factors with each of the following
830-indicators:
831-(1) Maximizing instructional time.
832-(2) Student engagement.
833-(3) Developing student understanding and mastery of lesson
834-objectives.
835-(4) Tracking student data and analyzing progress.
836-(5) Checking for student understanding.
837-(b) A plan under this section must include an annual designation
838-of each certificated employee in one (1) of the following rating
839-categories:
1833+section.".
1834+Page 21, between lines 18 and 19, begin a new paragraph and insert:
1835+"(b) A plan under this section must include an annual
1836+designation of each certificated employee in one (1) of the following
1837+rating categories:
1838+ES 486—LS 7241/DI 110 43
8401839 (1) Highly effective.
8411840 (2) Effective.
8421841 (3) Improvement necessary.
8431842 (4) Ineffective.
8441843 The requirements for designation in each rating category must be
845-determined by the school corporation.
846-(f) (c) The plan must:
847-(1) be in writing; and
848-(2) be explained to the governing body in a public meeting;
849-before the evaluations are conducted. Before explaining the plan to the
850-governing body, the superintendent of the school corporation shall
851-SEA 486 — Concur 21
852-discuss the plan with teachers or the teachers' representative, if there
853-is one. This discussion is not subject to the open door law
854-(IC 5-14-1.5). The plan is not subject to bargaining. but a discussion of
855-the plan must be held.
856-(g) (d) The evaluator shall discuss the evaluation with the
857-certificated employee.
858-(e) After a school corporation has assigned an evaluator to
1844+determined by the school corporation.".
1845+Page 21, line 19, delete "(b)" and insert "(c)".
1846+Page 21, line 28, delete "(c)" and insert "(d)".
1847+Page 21, between lines 29 and 30, begin a new paragraph and insert:
1848+"(e) After a school corporation has assigned an evaluator to
8591849 perform a certificated employee's evaluation, the certificated
8601850 employee may request the school corporation to assign an
8611851 evaluator other than the evaluator assigned to perform the
862-certificated employee's evaluation.
863-SECTION 19. IC 20-28-11.5-6, AS ADDED BY P.L.90-2011,
864-SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
865-JULY 1, 2023]: Sec. 6. (a) A copy of the completed evaluation,
866-including any documentation related to the evaluation, must be
867-provided to a certificated employee not later than seven (7) days after
868-the evaluation is conducted.
869-(b) If a certificated employee receives a rating of ineffective or
870-improvement necessary, as determined by the school corporation,
871-the evaluator and the certificated employee shall develop a remediation
872-plan of not more than ninety (90) school days in length to correct the
873-deficiencies noted in the certificated employee's evaluation. The
874-remediation plan must require the use of the certificated employee's
875-license renewal credits in professional development activities intended
876-to help the certificated employee achieve an effective rating, as
877-determined by the school corporation, on the next performance
878-evaluation. If the principal did not conduct the performance evaluation,
879-the principal may direct the use of the certificated employee's license
880-renewal credits under this subsection.
881-(c) A teacher who receives a rating of ineffective may file a request
882-for a private conference with the superintendent or the superintendent's
883-designee not later than five (5) days after receiving notice that the
884-teacher received a rating of ineffective. The teacher is entitled to a
885-private conference with the superintendent or superintendent's
886-designee.
887-SECTION 20. IC 20-28-11.5-7, AS AMENDED BY P.L.192-2018,
888-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
889-JULY 1, 2023]: Sec. 7. (a) This section applies to any teacher
890-instructing students in a content area and grade subject to IC 20-32-5-2
891-(for a school year ending before July 1, 2018), and IC 20-32-5.1 (for a
892-school year ending after June 30, 2018).
893-(b) A student may not be instructed for two (2) consecutive years by
894-SEA 486 — Concur 22
895-two (2) consecutive teachers, each of whom was rated as ineffective
896-under this chapter in the school year immediately before the school
897-year in which the student is placed in the respective teacher's class.
898-(c) If a teacher did not instruct students in the school year
899-immediately before the school year in which students are placed in the
900-teacher's class, the teacher's rating under this chapter for the most
901-recent year in which the teacher instructed students, instead of for the
902-school year immediately before the school year in which students are
903-placed in the teacher's class, shall be used in determining whether
904-subsection (b) applies to the teacher.
905-(d) If it is not possible for a school corporation to comply with this
906-section, the school corporation must notify the parents of each
907-applicable student indicating the student will be placed in a classroom
908-of a teacher who has been rated ineffective under this chapter. The
909-parent must be notified before the start of the second consecutive
910-school year.
911-SECTION 21. IC 20-28-11.5-8, AS AMENDED BY P.L.150-2020,
912-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
913-JULY 1, 2023]: Sec. 8. (a) To implement this chapter, the state board
914-shall do the following:
915-(1) Adopt rules under IC 4-22-2 that establish
916-(A) the criteria that define each of the four categories of
917-teacher ratings under section (4)(c)(3) of this chapter;
918-(B) standards that define actions that constitute a negative
919-impact on student achievement; and
920-(C) an acceptable standard for training evaluators.
921-(2) Work with the department to develop a model plan and release
922-it to school corporations. Subsequent versions of the model plan
923-that contain substantive changes must be provided to school
924-corporations.
925-(3) Work with the department to ensure the availability of
926-ongoing training on the use of the performance evaluation to
927-ensure that all evaluators and certificated employees have access
928-to information on the plan, the plan's implementation, and this
929-chapter.
930-(b) A school corporation may:
931-(1) adopt the department's model plan; or
932-(2) adopt or establish any other model staff performance
933-evaluation plan. approved by the department, without the state
934-board's approval.
935-(c) A school corporation may substantially modify the model plan
936-or develop the school corporation's own plan, if the substantially
937-SEA 486 — Concur 23
938-modified or developed plan meets the criteria established under this
939-chapter. If a school corporation substantially modifies the model plan
940-or develops its own plan, the department may request that the school
941-corporation submit the plan to the department to ensure the plan meets
942-the criteria developed under this chapter. If the department makes such
943-a request, before submitting a substantially modified or new staff
944-performance evaluation plan to the department, the governing body
945-shall submit the staff performance evaluation plan to the teachers
946-employed by the school corporation for a vote. If at least seventy-five
947-percent (75%) of the voting teachers vote in favor of adopting the staff
948-performance evaluation plan, the governing body may submit the staff
949-performance evaluation plan to the department.
950-(d) (c) Each school corporation shall submit its staff performance
951-evaluation plan to the department. The department shall publish the
952-staff performance evaluation plans on the department's Internet web
953-site. A school corporation must submit its staff performance evaluation
954-plan to the department for approval in order to qualify for any grant
955-funding related to this chapter. website.
956-SECTION 22. IC 20-28-11.5-8.5, AS ADDED BY P.L.213-2015,
1852+certificated employee's evaluation.".
1853+Page 21, line 36, delete "ineffective," and insert "ineffective".
1854+Page 21, line 36, reset in roman "or".
1855+Page 21, line 37, reset in roman "improvement necessary,".
1856+Page 23, delete lines 36 through 42, begin a new paragraph and
1857+insert:
1858+"SECTION 23. IC 20-28-11.5-8.5, AS ADDED BY P.L.213-2015,
9571859 SECTION 184, IS AMENDED TO READ AS FOLLOWS
9581860 [EFFECTIVE JULY 1, 2023]: Sec. 8.5. A plan for performance
9591861 evaluations under this chapter may be discussed, but is not subject to
9601862 bargaining. Selection of a performance evaluation model is at the
9611863 discretion of the school corporation, but the developed plan must be
9621864 reported to the department and the Indiana education employment
9631865 relations board in a timely manner, as established by the department.
9641866 Upon request by a school corporation, the department may review
9651867 the school corporation's plan for efficacy and the Indiana education
9661868 employment relations board may review the plan for legality, and both
9671869 may comment to the school corporation. The department shall annually
9681870 present to the state board of education plans selected by the school
9691871 corporations. The state board may recommend model plans to school
970-corporations, but shall not mandate any plan.
971-SECTION 23. IC 20-28-11.5-9, AS AMENDED BY P.L.41-2022,
972-SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
973-JULY 1, 2023]: Sec. 9. (a) The principal of a school in a school
974-corporation shall report in the aggregate the results of staff
975-performance evaluations for the school for the previous school year to
976-the superintendent and the governing body for the school corporation
977-before August 15 of each year on the schedule determined by the
978-governing body. The report must be presented in a public meeting of
979-the governing body. Before presentation to the governing body, the
980-SEA 486 — Concur 24
981-superintendent of the school corporation shall discuss the report of
982-completed evaluations with the teachers. This discussion is not subject
983-to the open door law (IC 5-14-1.5). The report of completed evaluations
984-is not subject to bargaining. but a discussion of the report must be held.
985-(b) A school corporation annually shall provide the disaggregated
986-results of staff performance evaluations by teacher identification
987-numbers to the department:
988-(1) after completing the presentations required under subsection
989-(a) for all schools for the school corporation; and
990-(2) before November 15 of that year.
991-Before November 15 of each year, each charter school (including a
992-virtual charter school) shall provide the disaggregated results of staff
993-performance evaluations by teacher identification numbers to the
994-department.
995-(c) Not before the beginning of the second semester (or the
996-equivalent) of the school year and not later than August 1 of each year,
997-the principal at each school described in subsection (b) shall complete
998-a survey that provides information regarding the principal's assessment
999-of the quality of instruction by each particular teacher preparation
1000-program located in Indiana for teachers employed at the school who
1001-initially received their teaching license in Indiana in the previous two
1002-(2) years. The survey shall be adopted by the state board and prescribed
1003-on a form developed not later than July 30, 2016, by the department
1004-that is aligned with the matrix system established under
1005-IC 20-28-3-1(i). The school shall provide the surveys to the department
1006-in a manner prescribed by the department. The department shall
1007-compile the information contained in the surveys, broken down by each
1008-teacher preparation program located in Indiana. The department shall
1009-include information relevant to a particular teacher preparation
1010-program located in Indiana in the department's report under subsection
1011-(f).
1012-(d) During the second semester (or the equivalent) of the school
1013-year and not later than August 1 of each year, each teacher employed
1014-by a school described in subsection (b) in Indiana who initially
1015-received a teacher's license in Indiana in the previous three (3) years
1016-shall complete a form after the teacher completes the teacher's initial
1017-year teaching at a particular school. The information reported on the
1018-form must:
1019-(1) provide the year in which the teacher was hired by the school;
1020-(2) include the name of the teacher preparation program that
1021-recommended the teacher for an initial license;
1022-(3) describe subjects taught by the teacher;
1023-SEA 486 — Concur 25
1024-(4) provide the location of different teaching positions held by the
1025-teacher since the teacher initially obtained an Indiana teaching
1026-license;
1027-(5) provide a description of any mentoring the teacher has
1028-received while teaching in the teacher's current teaching position;
1029-(6) describe the teacher's current licensure status; and
1030-(7) include an assessment by the teacher of the quality of
1031-instruction of the teacher preparation program in which the
1032-teacher participated.
1033-The form shall be prescribed by the department. The forms shall be
1034-submitted to the department in a manner prescribed by the department.
1035-Upon receipt of the information provided in this subsection, the
1036-department shall compile the information contained in the forms and
1037-include an aggregated summary of the report on the department's
1038-Internet web site.
1039-(e) Before December 15 of each year, the department shall report
1040-the results of staff performance evaluations in the aggregate to the state
1041-board, and to the public via the department's Internet web site for:
1042-(1) the aggregate of certificated employees of each school and
1043-school corporation;
1044-(2) the aggregate of graduates of each teacher preparation
1045-program in Indiana;
1046-(3) for each school described in subsection (b), the annual rate of
1047-retention for certificated employees for each school within the
1048-charter school or school corporation; and
1049-(4) the aggregate results of staff performance evaluations for each
1050-category described in section 4(c)(3) of this chapter. In addition
1051-to the aggregate results, the results must be broken down:
1052-(A) by the content area of the initial teacher license received
1053-by teachers upon completion of a particular teacher
1054-preparation program; or
1055-(B) as otherwise requested by a teacher preparation program,
1056-as approved by the state board.
1057-(f) Beginning November 1, 2016, and before September 1 of each
1058-year thereafter, the department shall report to each teacher preparation
1059-program in Indiana for teachers with three (3) or fewer years of
1060-teaching experience:
1061-(1) information from the surveys relevant to that particular teacher
1062-education program provided to the department under subsection
1063-(c);
1064-(2) information from the forms relevant to that particular teacher
1065-preparation program compiled by the department under
1066-SEA 486 — Concur 26
1067-subsection (d); and
1068-(3) the results from the most recent school year for which data are
1069-available of staff performance evaluations for each category
1070-described in section 4(c)(3) of this chapter with three (3) or fewer
1071-years of teaching experience for that particular teacher
1072-preparation program. The report to the teacher preparation
1073-program under this subdivision shall be in the aggregate form and
1074-shall be broken down by the teacher preparation program that
1075-recommended an initial teaching license for the teacher.
1076-SECTION 24. IC 20-29-2-7 IS REPEALED [EFFECTIVE JULY 1,
1077-2023]. Sec. 7. "Discuss" means the performance of the mutual
1872+corporations, but shall not mandate any plan.".
1873+Page 24, delete lines 1 through 6.
1874+Page 26, delete lines 25 through 36, begin a new paragraph and
1875+insert:
1876+"SECTION 25. IC 20-29-2-7 IS REPEALED [EFFECTIVE JULY
1877+1, 2023]. Sec. 7. "Discuss" means the performance of the mutual
10781878 obligation of the school corporation through its superintendent and the
10791879 exclusive representative to meet at reasonable times to:
10801880 (1) discuss;
1881+ES 486—LS 7241/DI 110 44
10811882 (2) provide meaningful input; or
10821883 (3) exchange points of view;
1083-with respect to items enumerated in IC 20-29-6-7.
1084-SECTION 25. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
1085-SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1086-JULY 1, 2023]: Sec. 1. (a) School employers and school employees
1087-shall:
1088-(1) have the obligation and the right to bargain collectively the
1089-items set forth in section 4 of this chapter; and
1090-(2) have the right and obligation to discuss any item set forth in
1091-section 7 of this chapter; and
1092-(3) (2) enter into a contract embodying any of the matters listed
1093-in section 4 of this chapter on which they have bargained
1094-collectively.
1095-(b) Notwithstanding any other law, before a school employer and
1096-school employees may privately negotiate the matters described in
1097-subsection (a)(1) during the time period for formal collective
1098-bargaining established in section 12 of this chapter, the parties must
1099-hold at least one (1) public hearing and take public testimony to discuss
1100-the items described in subsection (a). A school employer may allow
1101-governing body members or the public to participate in a public
1102-hearing under this subsection by means of electronic communication.
1103-SECTION 26. IC 20-29-6-7, AS AMENDED BY P.L.168-2022,
1884+with respect to items enumerated in IC 20-29-6-7.".
1885+Page 26, line 39, strike "(a)".
1886+Page 27, strike lines 6 through 13.
1887+Page 27, delete lines 14 through 42, begin a new paragraph and
1888+insert:
1889+"SECTION 27. IC 20-29-6-6, AS AMENDED BY P.L.216-2021,
1890+SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1891+JULY 1, 2023]: Sec. 6. (a) The obligation to bargain collectively does
1892+not include the final approval of a contract concerning any items.
1893+Agreements reached through collective bargaining are binding as a
1894+contract only if ratified by the governing body of the school corporation
1895+and the exclusive representative. The obligation to bargain collectively
1896+does not require the school employer or the exclusive representative to
1897+agree to a proposal of the other or to make a concession to the other.
1898+(b) This subsection applies to a collective bargaining agreement
1899+ratified after June 30, 2021. A ratified collective bargaining agreement
1900+shall include a provision specifying the date on which the public
1901+hearing described in section 1(b) of this chapter and the public meeting
1902+described in section 19 of this chapter occurred as well as an attestation
1903+signed by both parties attesting that the public hearing described in
1904+section 1(b) of this chapter and the public meeting described in section
1905+19 of this chapter occurred on the dates specified in the ratified
1906+collective bargaining agreement. The governing body shall indicate as
1907+part of the attestation whether governing body members or members of
1908+the public were allowed to participate in the public hearing or public
1909+meeting by means of electronic communication.
1910+SECTION 28. IC 20-29-6-7, AS AMENDED BY P.L.168-2022,
11041911 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11051912 JULY 1, 2023]: Sec. 7. (a) A school employer shall may discuss: with
11061913 the exclusive representative of certificated employees the following
11071914 items:
11081915 (1) Curriculum development and revision.
1109-SEA 486 — Concur 27
11101916 (2) Selection of curricular materials.
11111917 (3) Teaching methods.
11121918 (4) Hiring, evaluation, promotion, demotion, transfer, assignment,
11131919 and retention of certificated employees.
11141920 (5) Student discipline.
11151921 (6) Expulsion or supervision of students.
11161922 (7) Pupil/teacher ratio.
11171923 (8) Class size or budget appropriations.
1924+ES 486—LS 7241/DI 110 45
11181925 (9) Safety issues for students and employees in the workplace,
11191926 except those items required to be kept confidential by state or
11201927 federal law.
11211928 (10) Hours.
11221929 (11) Funding for a plan for a remediation program for any subset
11231930 of students enrolled in kindergarten through grade 12.
11241931 (12) The following nonbargainable items under IC 20-43-10-3.5:
11251932 (A) Teacher appreciation grants.
11261933 (B) Individual teacher appreciation grant stipends to teachers.
11271934 (C) Additions to base salary based on teacher appreciation
11281935 grant stipends.
11291936 (13) The pre-evaluation planning session required under
11301937 IC 20-28-11.5-4.
11311938 (14) The superintendent's report to the governing body concerning
11321939 staff performance evaluations required under IC 20-28-11.5-9.
11331940 (15) A teacher performance model.
11341941 (16) The use of adjunct teachers permitted under IC 20-28-5-27.
11351942 (1) with a certificated employee or group of certificated
11361943 employees; or
11371944 (2) at one (1) or more meetings that are open to all certificated
11381945 employees;
11391946 any topic that significantly impacts a certificated employee's
11401947 working conditions or impacts the educational quality of the school
11411948 employer's students.
11421949 (b) A discussion or meeting under subsection (a) is not subject
1143-to the open door law (IC 5-14-1.5).
1144-SECTION 27. IC 20-29-6-8 IS REPEALED [EFFECTIVE JULY 1,
1145-2023]. Sec. 8. The obligation to discuss does not require either party to
1146-enter into a contract, agree to a proposal, or make a concession related
1147-to the items listed in section 7 of this chapter. A failure to reach an
1148-agreement on a matter of discussion does not allow the use of any part
1149-of the impasse procedure under IC 20-29-8.
1150-SECTION 28. IC 20-29-6-9, AS ADDED BY P.L.1-2005,
1151-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1152-SEA 486 — Concur 28
1153-JULY 1, 2023]: Sec. 9. The obligation to bargain collectively or discuss
1154-a matter does not prevent:
1155-(1) a school employee from petitioning the school employer,
1156-governing body, or superintendent for a redress of the employee's
1157-grievances, either individually or through the exclusive
1158-representative; or
1159-(2) the school employer or superintendent from conferring with
1160-a citizen, taxpayer, student, school employee, or other person
1161-considering the operation of the schools and the school
1162-corporation.
1163-SECTION 29. IC 20-29-7-1, AS AMENDED BY P.L.48-2011,
1164-SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1165-JULY 1, 2023]: Sec. 1. (a) It is an unfair practice for a school employer
1166-to do any of the following:
1167-(1) Interfere with, restrain, or coerce school employees in the
1168-exercise of the rights guaranteed in IC 20-29-4.
1169-(2) Dominate, interfere, or assist in the formation or
1170-administration of any school employee organization or contribute
1171-financial or other support to the organization. Subject to rules
1172-adopted by the governing body, a school employer may permit
1173-school employees to confer with the school employer or with any
1174-school employee organization during working hours without loss
1175-of time or pay.
1176-(3) Encourage or discourage membership in any school employee
1177-organization through discrimination in regard to:
1178-(A) hiring;
1179-(B) tenure of employment; or
1180-(C) any term or condition of employment.
1181-(4) Discharge or otherwise discriminate against a school
1182-employee because the employee has filed a complaint, affidavit,
1183-petition, or any information or testimony under this article.
1184-(5) Refuse to
1185-(A) bargain collectively or
1186-(B) discuss;
1187-with an exclusive representative as required by this article.
1188-(6) Fail or refuse to comply with any provision of this article.
1189-(b) If:
1190-(1) a complaint is filed that alleges an unfair practice has occurred
1191-with respect to a subject that may be discussed under this article;
1192-and
1193-(2) the complaint is found to be frivolous;
1194-the party that filed that complaint is liable for costs and attorney's fees.
1195-SEA 486 — Concur 29
1196-SECTION 30. IC 20-34-3-24, AS ADDED BY P.L.44-2019,
1197-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1198-JULY 1, 2023]: Sec. 24. (a) For purposes of this section, "bleeding
1199-control kit" means a first aid response kit that contains at least the
1200-following:
1201-(1) One (1) tourniquet endorsed by the Committee on Tactical
1202-Combat Casualty Care.
1203-(2) A compression bandage.
1204-(3) A bleeding control bandage.
1205-(4) Protective gloves and a permanent marker.
1206-(5) Scissors.
1207-(6) Instructional documents developed by the Stop the Bleed
1208-national awareness campaign of the United States Department of
1209-Homeland Security or the American College of Surgeons
1210-Committee on Trauma, or both.
1211-(7) Other medical materials and equipment similar to those
1212-described in subdivisions (1) through (3), and any additional
1213-items that:
1214-(A) are approved by local law enforcement or first responders;
1215-(B) can adequately treat a traumatic injury; and
1216-(C) can be stored in a readily available kit.
1217-(b) Beginning in the 2020-2021 school year and each school year
1218-thereafter and subject to either:
1219-(1) an appropriation by the general assembly; or
1220-(2) a charter school or school corporation receiving sufficient
1221-bleeding control kits for the charter school or each school in the
1222-school corporation from:
1223-(A) donations from individuals or entities; or
1224-(B) gifts necessary to purchase the bleeding control kits;
1225-each school corporation and charter school shall develop and
1226-implement a Stop the Bleed program that meets the requirements set
1227-forth in this section. Upon request by a school corporation or charter
1228-school, the department of homeland security, in collaboration with the
1229-department, may direct the school corporation or charter school to
1230-resources that are available to provide bleeding control kits to the
1231-school corporation or charter school. The department of homeland
1232-security and department shall maintain information regarding the Stop
1233-the Bleed program on the department of homeland security's and
1234-department's Internet web sites.
1235-(c) A school corporation's Stop the Bleed program must include
1236-each school of the school corporation. The Stop the Bleed program
1237-must include requirements that:
1238-SEA 486 — Concur 30
1239-(1) require bleeding control kits be assigned to designated rooms
1240-in easily accessible locations to be determined by local first
1241-responders or the school safety specialist;
1242-(2) include bleeding control kits in the emergency plans of the
1243-school corporation or charter school, including the presentation
1244-and use of the bleeding control kits in all drills and emergencies;
1245-(3) provide that all school corporations and charter schools have
1246-a minimum of five (5) individuals in each school building who
1247-obtain appropriate training in the use of the bleeding control kit,
1248-including:
1249-(A) the proper application of pressure to stop bleeding;
1250-(B) the application of dressings or bandages;
1251-(C) additional pressure techniques to control bleeding; and
1252-(D) the correct application of tourniquets;
1253-(4) require bleeding control kits in school inventories to be
1254-inspected annually to ensure that the materials, supplies, and
1255-equipment contained in the bleeding control kits are not expired,
1256-and that any expired materials, supplies, and equipment are
1257-replaced as necessary; and
1258-(5) require a bleeding control kit to be restocked after each use
1259-and any materials, supplies, and equipment to be replaced as
1260-necessary to ensure that the bleeding control kit contains all
1261-necessary materials, supplies, and equipment.
1262-(d) The department, in collaboration with the department of
1263-homeland security, shall develop and provide training for the use of
1264-bleeding control kits. The department may satisfy the training
1265-requirements by:
1266-(1) using training, including online training, available from the
1267-American College of Surgeons or a similar organization
1268-authorized by the department of homeland security; or
1269-(2) after June 30, 2024, offering the training required by this
1270-section through the online platform established or licensed for
1271-use under IC 20-19-3-29 if available.
1272-(e) In all matters relating to a Stop the Bleed program, school
1273-corporation or charter school personnel are immune from civil liability
1274-for any act done or omitted in the use of a bleeding control kit unless
1275-the action constitutes gross negligence or willful or wanton
1276-misconduct.
1277-SECTION 31. IC 20-43-10-3.5, AS AMENDED BY P.L.165-2021,
1950+to the open door law (IC 5-14-1.5).".
1951+Page 28, delete lines 1 through 8.
1952+Page 28, between lines 26 and 27, begin a new paragraph and insert:
1953+"SECTION 31. IC 20-29-6-19, AS AMENDED BY P.L.216-2021,
1954+SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1955+JULY 1, 2023]: Sec. 19. (a) In addition to holding at least one (1)
1956+public hearing with public testimony as described in section 1(b) of this
1957+chapter, the A school employer must conduct a public meeting to
1958+discuss a tentative collective bargaining agreement at least seventy-two
1959+(72) hours before it is ratified by the school employer. A school
1960+employer may allow governing body members or the public to
1961+participate in a public meeting under this section by means of
1962+electronic communication.
1963+(b) Notice of the time and the location of the public meeting and a
1964+tentative collective bargaining agreement established under this chapter
1965+must be posted on the school employer's Internet web site website at
1966+least seventy-two (72) hours prior to the public meeting described in
1967+ES 486—LS 7241/DI 110 46
1968+subsection (a).
1969+(c) A school employer must allow for public comment at the
1970+meeting at which a tentative collective bargaining agreement is ratified.
1971+(d) Not later than fourteen (14) business days after the parties have
1972+reached an agreement under this chapter, the school employer shall
1973+post the contract upon which the parties have agreed on the school
1974+employer's Internet web site. website.".
1975+Page 31, delete lines 7 through 42, begin a new paragraph and
1976+insert:
1977+"SECTION 34. IC 20-43-10-3.5, AS AMENDED BY P.L.165-2021,
12781978 SECTION 167, IS AMENDED TO READ AS FOLLOWS
12791979 [EFFECTIVE JUNE 29, 2023]: Sec. 3.5. (a) As used in this section,
12801980 "school" means a school corporation, charter school, and a virtual
1281-SEA 486 — Concur 31
12821981 charter school.
12831982 (b) Subject to the requirements of this section, a school qualifies for
12841983 a teacher appreciation grant as provided in this section for a state fiscal
12851984 year if one (1) or more licensed teachers:
12861985 (1) employed in the classroom by the school; or
12871986 (2) directly providing virtual education;
12881987 were rated as effective or as highly effective, using the most recently
12891988 completed teacher ratings.
12901989 (c) A school may not receive a teacher appreciation grant under this
12911990 section unless:
12921991 (1) the school has in the state fiscal year in which the teacher
12931992 appreciation grants are made under this section:
12941993 (A) adopted an annual policy concerning the distribution of
12951994 teacher appreciation grants; and
12961995 (B) submitted the policy to the department for approval; and
12971996 (2) the department has approved the policy.
12981997 The department shall specify the date by which a policy described in
12991998 subdivision (1) must be submitted to the department.
13001999 (d) The amount of a teacher appreciation grant for a qualifying
13012000 school corporation or virtual charter school is equal to:
13022001 (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
13032002 (2) the school's current ADM.
13042003 However, the grant amount for a virtual charter school may not exceed
13052004 the statewide average grant amount.
13062005 (e) The following apply to the distribution of teacher appreciation
13072006 grants:
13082007 (1) If the total amount to be distributed as teacher appreciation
13092008 grants for a particular state fiscal year exceeds the amount
13102009 appropriated by the general assembly for teacher appreciation
2010+ES 486—LS 7241/DI 110 47
13112011 grants for that state fiscal year, the total amount to be distributed
13122012 as teacher appreciation grants to schools shall be proportionately
13132013 reduced so that the total reduction equals the amount of the
13142014 excess. The amount of the reduction for a particular school is
13152015 equal to the total amount of the excess multiplied by a fraction.
13162016 The numerator of the fraction is the amount of the teacher
13172017 appreciation grant that the school would have received if a
13182018 reduction were not made under this section. The denominator of
13192019 the fraction is the total amount that would be distributed as
13202020 teacher appreciation grants to all schools if a reduction were not
13212021 made under this section.
13222022 (2) If the total amount to be distributed as teacher appreciation
13232023 grants for a particular state fiscal year is less than the amount
1324-SEA 486 — Concur 32
13252024 appropriated by the general assembly for teacher appreciation
13262025 grants for that state fiscal year, the total amount to be distributed
13272026 as teacher appreciation grants to schools for that particular state
13282027 fiscal year shall be proportionately increased so that the total
13292028 amount to be distributed equals the amount of the appropriation
13302029 for that particular state fiscal year.
13312030 (f) The annual teacher appreciation grant to which a school is
13322031 entitled for a state fiscal year shall be distributed to the school before
13332032 December 5 of that state fiscal year.
13342033 (g) The following apply to a school's policy under subsection (c)
13352034 concerning the distribution of teacher appreciation grants:
13362035 (1) The governing body shall differentiate between a teacher rated
13372036 as a highly effective teacher and a teacher rated as an effective
13382037 teacher. The policy must provide that the amount of a stipend
13392038 awarded to a teacher rated as a highly effective teacher must be
13402039 at least twenty-five percent (25%) more than the amount of a
13412040 stipend awarded to a teacher rated as an effective teacher.
13422041 (2) The governing body of a school may differentiate between
13432042 school buildings.
13442043 (3) A stipend to an individual teacher in a particular year is not
13452044 subject to collective bargaining but is discussable, and is in
13462045 addition to the minimum salary or increases in salary set under
13472046 IC 20-28-9-1.5. The governing body may provide that an amount
13482047 not exceeding fifty percent (50%) of the amount of a stipend to an
13492048 individual teacher in a particular state fiscal year becomes a
13502049 permanent part of and increases the base salary of the teacher
13512050 receiving the stipend for school years beginning after the state
13522051 fiscal year in which the stipend is received. The addition to base
13532052 salary is not subject to collective bargaining. but is discussable.
2053+ES 486—LS 7241/DI 110 48
13542054 (h) A teacher appreciation grant received by a school shall be
13552055 allocated among and used only to pay cash stipends to all licensed
13562056 teachers employed in the classroom who are rated as effective or as
13572057 highly effective and employed by the school as of December 1. A
13582058 school may allocate up to twenty percent (20%) of the grant received
13592059 by the school to provide a supplemental award to teachers with less
13602060 than five (5) years of service who are rated as effective or as highly
13612061 effective. The supplemental award is in addition to the award made
13622062 from the part of the grant that is allocated to all eligible teachers.
13632063 (i) The lead school corporation or interlocal cooperative
13642064 administering a cooperative or other special education program or
13652065 administering a career and technical education program, including
13662066 programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
1367-SEA 486 — Concur 33
13682067 IC 36-1-7, shall award teacher appreciation grant stipends to and carry
13692068 out the other responsibilities of an employing school corporation under
13702069 this section for the teachers in the special education program or career
13712070 and technical education program.
13722071 (j) A school shall distribute all stipends from a teacher appreciation
13732072 grant to individual teachers within twenty (20) business days of the
13742073 date the department distributes the teacher appreciation grant to the
13752074 school. Any part of the teacher appreciation grant not distributed as
13762075 stipends to teachers before February must be returned to the
13772076 department on the earlier of the date set by the department or June 30
13782077 of that state fiscal year.
13792078 (k) The department, after review by the budget committee, may
13802079 waive the December 5 deadline under subsection (f) to distribute an
13812080 annual teacher appreciation grant to the school under this section for
13822081 that state fiscal year and approve an extension of that deadline to a later
13832082 date within that state fiscal year, if the department determines that a
13842083 waiver and extension of the deadline are in the public interest.
13852084 (l) The state board may adopt rules under IC 4-22-2, including
13862085 emergency rules in the manner provided in IC 4-22-2-37.1, as
13872086 necessary to implement this section.
1388-(m) This section expires June 30, 2023.
1389-SECTION 32. IC 20-50-1-3 IS REPEALED [EFFECTIVE JULY 1,
1390-2023]. Sec. 3. (a) Every local educational agency, regardless of whether
1391-it receives a McKinney-Vento Act grant, is required to designate a
1392-local liaison under 42 U.S.C. 11432.
1393-(b) The local liaison serves as one (1) of the primary contacts
1394-between homeless families and:
1395-(1) school staff;
1396-(2) district personnel;
1397-(3) shelter workers; and
1398-(4) other service providers.
1399-(c) The local liaison coordinates services to ensure the following:
1400-(1) Homeless children and youths are identified by school
1401-personnel through outreach and coordination activities with other
1402-entities and agencies pursuant to the McKinney-Vento Act.
1403-(2) Homeless children and youths are enrolled in, and have full
1404-and equal opportunity to succeed in, school.
1405-(3) Homeless families and homeless children and youths are
1406-provided access to receive education services for which the
1407-homeless families and homeless children and youths are eligible,
1408-including Head Start, early intervention services under the
1409-Individuals with Disabilities Education Act, and preschool
1410-SEA 486 — Concur 34
1411-programs administered by the local educational agency.
1412-(4) Homeless families and homeless children and youths are
1413-referred to health, dental, mental health, and substance abuse
1414-services, housing services, and other appropriate services.
1415-(5) Parents or guardians of homeless children and youths are
1416-informed of educational and related opportunities available to the
1417-children and are provided with meaningful opportunities to
1418-participate in the education of the children.
1419-(6) Public notice of educational rights of homeless students is
1420-disseminated in locations frequented by parents and guardians of
1421-homeless children and youths, and unaccompanied youths,
1422-including in schools, shelters, public libraries, and soup kitchens,
1423-in a manner and form understandable to the parents and guardians
1424-of homeless children and youths and unaccompanied youths.
1425-(7) Enrollment disputes are mediated in accordance with the
1426-McKinney-Vento Act.
1427-(8) Parents and guardians of homeless children and youths and
1428-unaccompanied youths are fully informed of all transportation
1429-services, including transportation to and from the school of origin,
1430-and are assisted in accessing transportation services.
1431-(9) School personnel receive professional development and other
1432-support.
1433-(10) Unaccompanied youths:
1434-(A) are enrolled in school;
1435-(B) have opportunities to meet the same state academic
1436-standards as established for other children and youths; and
1437-(C) are informed of the status of unaccompanied youths as
1438-independent students under section 40 of the Higher Education
1439-Act of 1965 (20 U.S.C. 1087vv), to ensure the rights of
1440-unaccompanied youths to receive verification of this status
1441-from the local liaison.
1442-SECTION 33. IC 20-50-1-6 IS REPEALED [EFFECTIVE JULY 1,
1443-2023]. Sec. 6. (a) Each year, the department shall provide training to
1444-individuals who are appointed under section 3 of this chapter as
1445-liaisons for homeless children.
1446-(b) The local educational agency shall provide professional
1447-development training to school staff, including teachers,
1448-paraprofessionals, and school support staff, at least one (1) time per
1449-year. The development training shall include:
1450-(1) the definition of homelessness;
1451-(2) signs of homelessness; and
1452-(3) steps to take when a homeless student is identified.
1453-SEA 486 — Concur 35
1454-(c) The local educational agency shall provide professional
1455-development training to specialized instructional support personnel that
1456-is designed to heighten the understanding and sensitivity of the
1457-personnel to:
1458-(1) the needs of homeless children and youths;
1459-(2) the rights of homeless children and youths under the
1460-McKinney-Vento Act; and
1461-(3) the specific educational needs of homeless children and
1462-youths.
1463-SECTION 34. IC 31-36-3-4, AS ADDED BY P.L.211-2019,
1464-SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1465-JULY 1, 2023]: Sec. 4. (a) As used in this section, "homeless youth"
1466-means an individual who:
1467-(1) is:
1468-(A) at least sixteen (16) years of age; and
1469-(B) less than eighteen (18) years of age;
1470-(2) is unemancipated;
1471-(3) is mentally competent; and
1472-(4) lives in a situation described in 42 U.S.C. 11434a(2)(A) and
1473-42 U.S.C. 11434a(2)(B) with or without the consent of the
1474-individual's parent, guardian, or custodian.
1475-(b) An individual identified in subsection (c)(3) who presents a fee
1476-and consent waiver affidavit described in subsection (c) on behalf of a
1477-homeless youth to the appropriate agency or entity shall:
1478-(1) have access, without charge and the consent of a parent,
1479-guardian, or custodian, to the homeless youth's:
1480-(A) certificate of birth;
1481-(B) photo identification card under IC 9-24-16-10(c); and
1482-(C) Indiana driver's license; and
1483-(2) be permitted to enroll the homeless youth in adult basic
1484-education services and register the homeless youth for the Indiana
1485-high school equivalency examination following the completion of
1486-an exit interview by the homeless youth under IC 20-33-2-9.
1487-(c) A fee and consent waiver affidavit executed under this
1488-subsection shall contain the following:
1489-(1) The homeless youth's:
1490-(A) full name; and
1491-(B) date of birth.
1492-(2) The name, address, and telephone number of the government
1493-entity, school corporation liaison for homeless youth, under
1494-IC 20-50-1-3, or nonprofit organization that:
1495-(A) is providing services to the homeless youth; and
1496-SEA 486 — Concur 36
1497-(B) will accept delivery of mail for the homeless youth.
1498-(3) The name of the legal representative of the government entity,
1499-school corporation liaison for homeless youth, under
1500-IC 20-50-1-3, or nonprofit organization described in subdivision
1501-(2).
1502-(4) The signature of the legal representative described in
1503-subdivision (3) and the date of the signature.
1504-(5) The signature of the homeless youth and the date of the
1505-signature.
1506-A fee and consent waiver affidavit executed under this subsection must
1507-be verified by affirmation or representation.
1508-SECTION 35. [EFFECTIVE UPON PASSAGE] (a) The legislative
1509-council is urged to assign to the appropriate interim study
1510-committee, during the 2023 legislative interim, the task of studying
1511-current school assessments in an effort to reduce and streamline
1512-assessments for Indiana students.
1513-(b) This SECTION expires January 1, 2024.
1514-SECTION 36. An emergency is declared for this act.
1515-SEA 486 — Concur President of the Senate
1516-President Pro Tempore
1517-Speaker of the House of Representatives
1518-Governor of the State of Indiana
1519-Date: Time:
1520-SEA 486 — Concur
2087+(m) This section expires June 30, 2023.".
2088+Delete page 32.
2089+Page 33, delete lines 1 through 32.
2090+Renumber all SECTIONS consecutively.
2091+and when so amended that said bill do pass and be reassigned to the
2092+Senate Committee on Appropriations.
2093+(Reference is to SB 486 as introduced.)
2094+ES 486—LS 7241/DI 110 49
2095+RAATZ, Chairperson
2096+Committee Vote: Yeas 7, Nays 6.
2097+_____
2098+COMMITTEE REPORT
2099+Madam President: The Senate Committee on Appropriations, to
2100+which was referred Senate Bill No. 486, has had the same under
2101+consideration and begs leave to report the same back to the Senate with
2102+the recommendation that said bill be AMENDED as follows:
2103+Page 5, line 8, delete "shall" and insert "may".
2104+Page 5, line 17, delete "shall" and insert "may".
2105+and when so amended that said bill do pass.
2106+(Reference is to SB 486 as printed February 3, 2023.)
2107+MISHLER, Chairperson
2108+Committee Vote: Yeas 10, Nays 4.
2109+_____
2110+SENATE MOTION
2111+Madam President: I move that Senate Bill 486 be amended to read
2112+as follows:
2113+Page 5, line 20, delete "youth" and insert "Youth".
2114+Page 5, line 21, delete "IC 20-28-3-6;" and insert "IC 20-28-3-6.".
2115+Page 5, line 22, delete "pathogens;" and insert "pathogens.".
2116+Page 5, line 23, delete "bullying" and insert "Bullying".
2117+Page 5, line 23, delete "IC 20-26-5-34.2;" and insert "IC
2118+20-26-5-34.2.".
2119+Page 5, line 24, delete "child" and insert "Child".
2120+Page 5, line 24, delete "IC 20-28-3-4.5;" and insert "IC
2121+20-28-3-4.5.".
2122+Page 5, line 25, delete "out; and" and insert "out.".
2123+Page 5, delete lines 30 through 42.
2124+Delete page 6.
2125+Page 7, delete lines 1 through 30, begin a new paragraph and insert:
2126+"SECTION 4. IC 20-20-40-13, AS AMENDED BY THE
2127+TECHNICAL CORRECTIONS BILL OF THE 2023 GENERAL
2128+ES 486—LS 7241/DI 110 50
2129+ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2130+JULY 1, 2023]: Sec. 13. (a) The commission has the following duties:
2131+(1) To adopt rules concerning the following:
2132+(A) The use of restraint and seclusion in a school corporation
2133+or a state accredited nonpublic school, with an emphasis on
2134+eliminating or minimizing the use of restraint and seclusion.
2135+(B) The prevention of the use of types of restraint or seclusion
2136+that may harm a student, a school employee, a school
2137+volunteer, or the educational environment of the school.
2138+(C) Requirements for notifying parents.
2139+(D) Training regarding the use of restraint and seclusion,
2140+including the frequency of training and what employees must
2141+be trained.
2142+(E) The distribution of the seclusion and restraint policy to
2143+parents and the public.
2144+(F) Requirements for the reporting of incidents of restraint and
2145+seclusion in the annual school performance report, including
2146+incidents of restraint and seclusion involving school resource
2147+officers (as defined in IC 20-26-18.2-1).
2148+(G) Circumstances that may require more timely incident
2149+reporting and the requirements for such reporting.
2150+(2) To develop, maintain, and revise a model restraint and
2151+seclusion plan for schools that includes the following elements:
2152+(A) A statement on how students will be treated with dignity
2153+and respect and how appropriate student behavior will be
2154+promoted and taught.
2155+(B) A statement ensuring that the school will use prevention,
2156+positive behavior intervention and support, and conflict
2157+deescalation de-escalation to eliminate or minimize the need
2158+for use of any of the following:
2159+(i) Seclusion.
2160+(ii) Chemical restraint.
2161+(iii) Mechanical restraint.
2162+(iv) Physical restraint.
2163+(C) A statement ensuring that any behavioral intervention used
2164+will be consistent with the student's most current behavioral
2165+intervention plan, or individualized education program, if
2166+applicable.
2167+(D) Definitions for restraint and seclusion, as defined in this
2168+chapter.
2169+(E) A statement ensuring that if a procedure listed in clause
2170+(B) is used, the procedure will be used:
2171+ES 486—LS 7241/DI 110 51
2172+(i) as a last resort safety procedure, employed only after
2173+another, less restrictive procedure has been implemented
2174+without success; and
2175+(ii) in a situation in which there is an imminent risk of injury
2176+to the student, other students, school employees, or visitors
2177+to the school.
2178+(F) An indication that restraint or seclusion may be used only
2179+for a short time period, or until the imminent risk of injury has
2180+passed.
2181+(G) A documentation and recording requirement governing
2182+instances in which procedures listed in clause (B) are used,
2183+including:
2184+(i) how every incident will be documented and debriefed;
2185+(ii) how responsibilities will be assigned to designated
2186+employees for evaluation and oversight; and
2187+(iii) designation of a school employee to be the keeper of
2188+such documents.
2189+(H) A requirement that the student's parent must be notified as
2190+soon as possible when an incident involving the student occurs
2191+that includes use of procedures listed in clause (B).
2192+(I) A requirement that a copy of an incident report must be
2193+sent to the student's parent after the student is subject to a
2194+procedure listed in clause (B).
2195+(J) Required recurrent training for appropriate school
2196+employees special education teachers and school resource
2197+officers on the appropriate use of effective alternatives to
2198+physical restraint and seclusion, including the use of positive
2199+behavioral intervention and support and conflict deescalation.
2200+de-escalation. The training must include the safe use of
2201+physical restraint and seclusion in incidents involving
2202+imminent danger or serious harm to the student, school
2203+employees, or others. Consideration must be given to available
2204+school resources and the time commitments of school
2205+employees. special education teachers and school resource
2206+officers.
2207+(3) To accept and review reports from the public and make
2208+nonbinding recommendations to the department of any suggested
2209+action to be taken.
2210+(b) The model policy developed by the commission must take into
2211+consideration that implementation and reporting requirements for state
2212+accredited nonpublic schools may vary, and the model plan must
2213+provide state accredited nonpublic schools flexibility with regards to
2214+ES 486—LS 7241/DI 110 52
2215+accountability under and implementation of the plan adopted by a state
2216+accredited nonpublic school under section 14 of this chapter.".
2217+Page 33, line 28, after "collectively" delete ";".
2218+Renumber all SECTIONS consecutively.
2219+(Reference is to SB 486 as printed February 17, 2023.)
2220+ROGERS
2221+_____
2222+COMMITTEE REPORT
2223+Mr. Speaker: Your Committee on Education, to which was referred
2224+Senate Bill 486, has had the same under consideration and begs leave
2225+to report the same back to the House with the recommendation that said
2226+bill be amended as follows:
2227+Page 4, line 40, reset in roman "(1)".
2228+Page 4, line 41, after "trafficking" delete "." and insert ";".
2229+Page 4, line 41, reset in roman "and".
2230+Page 4, line 42, reset in roman "(2) information that may assist
2231+school officials in complying with".
2232+Page 5, line 1, reset in roman "inservice training requirements under
2233+IC 20-28-3-7.".
2234+Page 5, between lines 5 and 6, begin a new paragraph and insert:
2235+"SECTION 3. IC 20-19-3-20.5 IS REPEALED [EFFECTIVE JULY
2236+1, 2023]. Sec. 20.5. (a) This section does not apply to a mediator or
2237+independent hearing officer retained by the department before July 1,
2238+2019.
2239+(b) Not later than January 1, 2021, the department shall ensure that
2240+all mediators, administrative law judges, hearing officers, and other
2241+appointees, employees, and contractors who:
2242+(1) are initially retained by the department after June 30, 2019;
2243+and
2244+(2) mediate or adjudicate disputes involving educational entities
2245+through the department;
2246+are effectively trained and committed to serve as both mediators and
2247+adjudicators.".
2248+Page 5, delete lines 31 through 42.
2249+Delete page 6.
2250+Page 7, delete lines 1 through 34.
2251+Page 12, after line 42, begin a new paragraph and insert:
2252+"SECTION 9. IC 20-28-3-7, AS AMENDED BY P.L.92-2020,
2253+ES 486—LS 7241/DI 110 53
2254+SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2255+JULY 1, 2023]: Sec. 7. (a) Each school corporation and state accredited
2256+nonpublic school shall require all school employees likely to have
2257+direct, ongoing contact with children within the scope of the
2258+employee's employment to attend or participate in inservice training
2259+pertaining to the identification and reporting of human trafficking. The
2260+training shall be conducted in a manner prescribed by the state board
2261+under IC 20-28-5.5-1, and after June 30, 2024, the training may be
2262+offered through the online platform established or licensed for use
2263+under IC 20-19-3-29 if available.
2264+(b) The inservice training required under this section shall count
2265+toward the requirements for professional development required by the
2266+governing body or the equivalent authority for a state accredited
2267+nonpublic school.".
2268+Page 13, delete lines 1 through 12.
2269+Page 14, line 35, reset in roman "IC 20-28-3-7 (training on human
2270+trafficking).".
2271+Page 14, line 35, after "trafficking)." delete "Training".
2272+Page 14, delete line 36.
2273+Page 15, delete lines 35 through 42.
2274+Delete page 16.
2275+Page 17, delete lines 1 through 16.
2276+Page 23, line 23, reset in roman "A plan must include".
2277+Page 23, line 24, delete "Performance" and insert "performance".
2278+Page 23, line 24, reset in roman "evaluations for all certificated
2279+employees,".
2280+Page 23, line 25, reset in roman "conducted at least annually.".
2281+Page 25, between lines 35 and 36, begin a new paragraph and insert:
2282+"SECTION 21. IC 20-28-11.5-7, AS AMENDED BY P.L.192-2018,
2283+SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2284+JULY 1, 2023]: Sec. 7. (a) This section applies to any teacher
2285+instructing students in a content area and grade subject to IC 20-32-5-2
2286+(for a school year ending before July 1, 2018), and IC 20-32-5.1 (for a
2287+school year ending after June 30, 2018).
2288+(b) A student may not be instructed for two (2) consecutive years by
2289+two (2) consecutive teachers, each of whom was rated as ineffective
2290+under this chapter in the school year immediately before the school
2291+year in which the student is placed in the respective teacher's class.
2292+(c) If a teacher did not instruct students in the school year
2293+immediately before the school year in which students are placed in the
2294+teacher's class, the teacher's rating under this chapter for the most
2295+recent year in which the teacher instructed students, instead of for the
2296+ES 486—LS 7241/DI 110 54
2297+school year immediately before the school year in which students are
2298+placed in the teacher's class, shall be used in determining whether
2299+subsection (b) applies to the teacher.
2300+(d) If it is not possible for a school corporation to comply with this
2301+section, the school corporation must notify the parents of each
2302+applicable student indicating the student will be placed in a classroom
2303+of a teacher who has been rated ineffective under this chapter. The
2304+parent must be notified before the start of the second consecutive
2305+school year.".
2306+Page 25, delete lines 36 through 42.
2307+Page 26, delete lines 1 through 15.
2308+Page 27, line 35, reset in roman "(a)".
2309+Page 28, reset in roman lines 4 through 42.
2310+Page 29, reset in roman lines 1 through 42.
2311+Page 30, reset in roman lines 1 through 8.
2312+Page 30, delete lines 17 through 42.
2313+Page 31, delete lines 1 through 14.
2314+Page 32, delete lines 31 through 42.
2315+Page 33, delete lines 1 through 9.
2316+Page 33, between lines 41 and 42, begin a new paragraph and insert:
2317+"SECTION 33. IC 20-34-3-24, AS ADDED BY P.L.44-2019,
2318+SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2319+JULY 1, 2023]: Sec. 24. (a) For purposes of this section, "bleeding
2320+control kit" means a first aid response kit that contains at least the
2321+following:
2322+(1) One (1) tourniquet endorsed by the Committee on Tactical
2323+Combat Casualty Care.
2324+(2) A compression bandage.
2325+(3) A bleeding control bandage.
2326+(4) Protective gloves and a permanent marker.
2327+(5) Scissors.
2328+(6) Instructional documents developed by the Stop the Bleed
2329+national awareness campaign of the United States Department of
2330+Homeland Security or the American College of Surgeons
2331+Committee on Trauma, or both.
2332+(7) Other medical materials and equipment similar to those
2333+described in subdivisions (1) through (3), and any additional
2334+items that:
2335+(A) are approved by local law enforcement or first responders;
2336+(B) can adequately treat a traumatic injury; and
2337+(C) can be stored in a readily available kit.
2338+(b) Beginning in the 2020-2021 school year and each school year
2339+ES 486—LS 7241/DI 110 55
2340+thereafter and subject to either:
2341+(1) an appropriation by the general assembly; or
2342+(2) a charter school or school corporation receiving sufficient
2343+bleeding control kits for the charter school or each school in the
2344+school corporation from:
2345+(A) donations from individuals or entities; or
2346+(B) gifts necessary to purchase the bleeding control kits;
2347+each school corporation and charter school shall develop and
2348+implement a Stop the Bleed program that meets the requirements set
2349+forth in this section. Upon request by a school corporation or charter
2350+school, the department of homeland security, in collaboration with the
2351+department, may direct the school corporation or charter school to
2352+resources that are available to provide bleeding control kits to the
2353+school corporation or charter school. The department of homeland
2354+security and department shall maintain information regarding the Stop
2355+the Bleed program on the department of homeland security's and
2356+department's Internet web sites.
2357+(c) A school corporation's Stop the Bleed program must include
2358+each school of the school corporation. The Stop the Bleed program
2359+must include requirements that:
2360+(1) require bleeding control kits be assigned to designated rooms
2361+in easily accessible locations to be determined by local first
2362+responders or the school safety specialist;
2363+(2) include bleeding control kits in the emergency plans of the
2364+school corporation or charter school, including the presentation
2365+and use of the bleeding control kits in all drills and emergencies;
2366+(3) provide that all school corporations and charter schools have
2367+a minimum of five (5) individuals in each school building who
2368+obtain appropriate training in the use of the bleeding control kit,
2369+including:
2370+(A) the proper application of pressure to stop bleeding;
2371+(B) the application of dressings or bandages;
2372+(C) additional pressure techniques to control bleeding; and
2373+(D) the correct application of tourniquets;
2374+(4) require bleeding control kits in school inventories to be
2375+inspected annually to ensure that the materials, supplies, and
2376+equipment contained in the bleeding control kits are not expired,
2377+and that any expired materials, supplies, and equipment are
2378+replaced as necessary; and
2379+(5) require a bleeding control kit to be restocked after each use
2380+and any materials, supplies, and equipment to be replaced as
2381+necessary to ensure that the bleeding control kit contains all
2382+ES 486—LS 7241/DI 110 56
2383+necessary materials, supplies, and equipment.
2384+(d) The department, in collaboration with the department of
2385+homeland security, shall develop and provide training for the use of
2386+bleeding control kits. The department may satisfy the training
2387+requirements by:
2388+(1) using training, including online training, available from the
2389+American College of Surgeons or a similar organization
2390+authorized by the department of homeland security; or
2391+(2) after June 30, 2024, offering the training required by this
2392+section through the online platform established or licensed for
2393+use under IC 20-19-3-29 if available.
2394+(e) In all matters relating to a Stop the Bleed program, school
2395+corporation or charter school personnel are immune from civil liability
2396+for any act done or omitted in the use of a bleeding control kit unless
2397+the action constitutes gross negligence or willful or wanton
2398+misconduct.".
2399+Page 33, delete line 42.
2400+Delete page 34.
2401+Page 35, delete lines 1 through 31.
2402+Page 41, delete lines 5 through 7.
2403+Renumber all SECTIONS consecutively.
2404+and when so amended that said bill do pass.
2405+(Reference is to SB 486 as reprinted February 22, 2023.)
2406+BEHNING
2407+Committee Vote: yeas 8, nays 4.
2408+_____
2409+HOUSE MOTION
2410+Mr. Speaker: I move that Engrossed Senate Bill 486 be amended to
2411+read as follows:
2412+Page 7, line 6, reset in roman "IC 20-34-3-24(a)).".
2413+Page 7, delete line 7.
2414+Page 10, line 19, delete "(a) As used in this section, "bleeding
2415+control kit"".
2416+Page 10, delete lines 20 through 37.
2417+Page 10, line 38, delete "(b)".
2418+Page 10, run in lines 19 through 38.
2419+Page 10, delete lines 41 through 42.
2420+ES 486—LS 7241/DI 110 57
2421+Page 11, delete lines 1 through 2.
2422+Page 11, line 3, delete "(5)" and insert "(2)".
2423+Page 11, line 7, delete "(6)" and insert "(3)".
2424+Page 27, between lines 4 and 5, begin a new paragraph and insert:
2425+"SECTION 25. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
2426+SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2427+JULY 1, 2023]: Sec. 1. (a) School employers and school employees
2428+shall:
2429+(1) have the obligation and the right to bargain collectively the
2430+items set forth in section 4 of this chapter; and
2431+(2) have the right and obligation to discuss any item set forth in
2432+section 7 of this chapter; and
2433+(3) (2) enter into a contract embodying any of the matters listed
2434+in section 4 of this chapter on which they have bargained
2435+collectively.
2436+(b) Notwithstanding any other law, before a school employer and
2437+school employees may privately negotiate the matters described in
2438+subsection (a)(1) during the time period for formal collective
2439+bargaining established in section 12 of this chapter, the parties must
2440+hold at least one (1) public hearing and take public testimony to discuss
2441+the items described in subsection (a). A school employer may allow
2442+governing body members or the public to participate in a public
2443+hearing under this subsection by means of electronic communication.".
2444+Renumber all SECTIONS consecutively.
2445+(Reference is to ESB 486 as printed April 10, 2023.)
2446+TESHKA
2447+ES 486—LS 7241/DI 110