First Regular Session of the 123rd General Assembly (2023)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2022 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 486
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 5-14-1.5-6.1, AS AMENDED BY P.L.197-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6.1. (a) As used in this section, "public official"
means a person:
(1) who is a member of a governing body of a public agency; or
(2) whose tenure and compensation are fixed by law and who
executes an oath.
(b) Executive sessions may be held only in the following instances:
(1) Where authorized by federal or state statute.
(2) For discussion of strategy with respect to any of the following:
(A) Collective bargaining, which does not include a
discussion or meeting under IC 20-29-6-7.
(B) Initiation of litigation or litigation that is either pending or
has been threatened specifically in writing. As used in this
clause, "litigation" includes any judicial action or
administrative law proceeding under federal or state law.
(C) The implementation of security systems.
(D) A real property transaction including:
(i) a purchase;
(ii) a lease as lessor;
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(iii) a lease as lessee;
(iv) a transfer;
(v) an exchange; or
(vi) a sale;
by the governing body up to the time a contract or option is
executed by the parties. This clause does not affect a political
subdivision's duty to comply with any other statute that
governs the conduct of the real property transaction, including
IC 36-1-10 or IC 36-1-11.
(E) School consolidation.
However, all such strategy discussions must be necessary for
competitive or bargaining reasons and may not include
competitive or bargaining adversaries.
(3) For discussion of the assessment, design, and implementation
of school safety and security measures, plans, and systems.
(4) Interviews and negotiations with industrial or commercial
prospects or agents of industrial or commercial prospects by:
(A) the Indiana economic development corporation;
(B) the office of tourism development (before July 1, 2020) or
the Indiana destination development corporation (after June
30, 2020);
(C) the Indiana finance authority;
(D) the ports of Indiana;
(E) an economic development commission;
(F) the Indiana state department of agriculture;
(G) the Indiana White River state park development
commission;
(H) a local economic development organization that is a
nonprofit corporation established under state law whose
primary purpose is the promotion of industrial or business
development in Indiana, the retention or expansion of Indiana
businesses, or the development of entrepreneurial activities in
Indiana; or
(I) a governing body of a political subdivision.
However, this subdivision does not apply to any discussions
regarding research that is prohibited under IC 16-34.5-1-2 or
under any other law.
(5) To receive information about and interview prospective
employees.
(6) With respect to any individual over whom the governing body
has jurisdiction:
(A) to receive information concerning the individual's alleged
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misconduct; and
(B) to discuss, before a determination, the individual's status
as an employee, a student, or an independent contractor who
is:
(i) a physician; or
(ii) a school bus driver.
(7) For discussion of records classified as confidential by state or
federal statute.
(8) To discuss before a placement decision an individual student's
abilities, past performance, behavior, and needs.
(9) To discuss a job performance evaluation of individual
employees. This subdivision does not apply to a discussion of the
salary, compensation, or benefits of employees during a budget
process.
(10) When considering the appointment of a public official, to do
the following:
(A) Develop a list of prospective appointees.
(B) Consider applications.
(C) Make one (1) initial exclusion of prospective appointees
from further consideration.
Notwithstanding IC 5-14-3-4(b)(12), a governing body may
release and shall make available for inspection and copying in
accordance with IC 5-14-3-3 identifying information concerning
prospective appointees not initially excluded from further
consideration. An initial exclusion of prospective appointees from
further consideration may not reduce the number of prospective
appointees to fewer than three (3) unless there are fewer than
three (3) prospective appointees. Interviews of prospective
appointees must be conducted at a meeting that is open to the
public.
(11) To train school board members with an outside consultant
about the performance of the role of the members as public
officials.
(12) To prepare or score examinations used in issuing licenses,
certificates, permits, or registrations under IC 25.
(13) To discuss information and intelligence intended to prevent,
mitigate, or respond to the threat of terrorism.
(14) To train members of a board of aviation commissioners
appointed under IC 8-22-2 or members of an airport authority
board appointed under IC 8-22-3 with an outside consultant about
the performance of the role of the members as public officials. A
board may hold not more than one (1) executive session per
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calendar year under this subdivision.
(15) For discussion by the governing body of a state educational
institution of:
(A) the assessment of; or
(B) negotiation with another entity concerning;
the establishment of a collaborative relationship or venture to
advance the research, engagement, or education mission of the
state educational institution. However, this subdivision does not
apply to any discussions regarding research that is prohibited
under IC 16-34.5-1-2 or under any other law.
(c) A final action must be taken at a meeting open to the public.
(d) Public notice of executive sessions must state the subject matter
by specific reference to the enumerated instance or instances for which
executive sessions may be held under subsection (b). The requirements
stated in section 4 of this chapter for memoranda and minutes being
made available to the public is modified as to executive sessions in that
the memoranda and minutes must identify the subject matter
considered by specific reference to the enumerated instance or
instances for which public notice was given. The governing body shall
certify by a statement in the memoranda and minutes of the governing
body that no subject matter was discussed in the executive session
other than the subject matter specified in the public notice.
(e) A governing body may not conduct an executive session during
a meeting, except as otherwise permitted by applicable statute. A
meeting may not be recessed and reconvened with the intent of
circumventing this subsection.
SECTION 2. IC 20-19-3-11.7, AS ADDED BY P.L.211-2018(ss),
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 11.7. (a) The department shall maintain a link on
the department's Internet web site website that provides parents and
school officials with resources or best practices regarding the
identification and reporting of human trafficking. The resources must
include
(1) guidance on how to report to law enforcement agencies
instances of human trafficking; and
(2) information that may assist school officials in complying with
inservice training requirements under IC 20-28-3-7.
(b) The department shall consult with law enforcement agencies,
school officials, and organizations that have expertise in the prevention
of human trafficking for purposes of developing or providing the
resources or best practices described in subsection (a).
SECTION 3. IC 20-19-3-20.5 IS REPEALED [EFFECTIVE JULY
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1, 2023]. Sec. 20.5. (a) This section does not apply to a mediator or
independent hearing officer retained by the department before July 1,
2019.
(b) Not later than January 1, 2021, the department shall ensure that
all mediators, administrative law judges, hearing officers, and other
appointees, employees, and contractors who:
(1) are initially retained by the department after June 30, 2019;
and
(2) mediate or adjudicate disputes involving educational entities
through the department;
are effectively trained and committed to serve as both mediators and
adjudicators.
SECTION 4. IC 20-19-3-29 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 29. (a) Not later than July 1, 2024, the department
may establish or license for use an online platform that:
(1) provides information and training on each of the subjects
and content described in IC 20-28-3-5.5;
(2) is accessible to both teachers and students enrolled in a
teacher preparation program; and
(3) upon successful completion of the training, provides
written confirmation to a teacher or student described in
subdivision (2) that the teacher or student successfully
completed the training.
(b) Not later than July 1, 2025, the department may include the
following information and training on the online platform
described in subsection (a):
(1) Youth suicide awareness and prevention as described in
IC 20-28-3-6.
(2) 29 CFR 1910.1030 concerning bloodborne pathogens.
(3) Bullying prevention as described in IC 20-26-5-34.2.
(4) Child abuse and neglect as described in IC 20-28-3-4.5.
(5) 29 CFR 1910.147 concerning lock out/tag out.
(6) 511 IAC 5-5-5 concerning assessment training.
(c) If a teacher successfully completes a training on the online
platform, the training must count towards continuing education
required for licensure renewal, as prescribed by the department.
SECTION 5. IC 20-26-18-4 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 4. A school corporation shall establish the following
educational programs in its efforts to address criminal organization
activity:
(1) An evidence based educational criminal organization
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awareness program for students, school employees, and parents.
(2) A school employee development program to provide training
to school employees in the implementation of the criminal
organization policy established under section 2 of this chapter.
SECTION 6. IC 20-26-18.2-2, AS AMENDED BY P.L.139-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) A school resource officer may be employed:
(1) by one (1) or more school corporations or charter schools
through a contract between a local law enforcement agency and
the school corporation or school corporations or the charter school
or charter schools;
(2) by one (1) or more school corporations or charter schools;
(3) by a local law enforcement agency that assigns the school
resource officer to one (1) or more school corporations or charter
schools through a memorandum of understanding between the
local law enforcement agency and the school corporation or
school corporations or the charter school or charter schools; or
(4) through a contract between an Indiana business that employs
persons who meet the qualifications of a school resource officer
and the school corporation or school corporations or the charter
school or charter schools.
(b) This subsection does not apply to a school corporation that only
has full-time school resource officers who are either employees of the
school corporation's school police department or are employees of the
school corporation who have successfully completed the law
enforcement basic training requirements described in IC 5-2-1-9(d).
After June 30, 2023, if a school corporation or charter school enters
into a contract for a school resource officer, the school corporation or
charter school must enter into a memorandum of understanding with
the law enforcement agency that employs or appointed the law
enforcement officer who will perform the duties of a school resource
officer. The memorandum of understanding must state the nature and
scope of a school resource officer's duties and responsibilities. A school
resource officer's duties and responsibilities include the duty to assist
the school corporation's school safety specialist with the development
and implementation of a school safety plan that does the following:
(1) Protects against outside threats to the physical safety of
students.
(2) Prevents unauthorized access to school property.
(3) Secures schools against violence and natural disasters.
(4) On or before July 1, 2020, Identifies the location of any
bleeding control kits (as defined in IC 20-34-3-24(a)).
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(c) A school resource officer shall consult with local law
enforcement officials and first responders when assisting the school
corporation's school safety specialist in the development of the school
safety plan.
(d) A school resource officer shall participate in the development of
programs designed to identify, assess, and provide assistance to
troubled youth.
(e) A school resource officer may not be reassigned to other duties
by the school corporation.
SECTION 7. IC 20-28-3-1, AS AMENDED BY P.L.41-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) As used in this section, "teacher candidate"
means an individual recommended for an initial teaching license from
a teacher preparation program located in Indiana.
(b) As used in this section, "teacher preparation program" includes,
but is not limited to, the following:
(1) A teacher education school or department.
(2) A transition to teaching program under IC 20-28-4.
(3) Any other entity approved by the department to offer a course
of study leading to an initial teaching license.
(c) The department shall:
(1) arrange a statewide system of professional instruction for
teacher education;
(2) accredit and review teacher preparation programs that comply
with the rules of the department;
(3) approve content area licensure programs for particular kinds
of teachers in accredited teacher preparation programs; and
(4) specify the types of licenses for individuals who complete
programs of approved courses.
(d) The department shall work with teacher preparation programs to
develop a system of teacher education that ensures individuals who
complete teacher preparation programs are able to meet the highest
professional standards.
(e) Before July 1, 2015, the department shall establish standards for
the continuous improvement of program processes and the performance
of individuals who complete teacher preparation programs. The state
board shall adopt rules containing the standards not later than two
hundred seventy (270) days after the department finishes the standards.
(f) The standards established under subsection (e) must include
benchmarks for performance, including test score data for each teacher
preparation entity on content area licensure tests and test score data for
each teacher preparation entity on pedagogy licensure tests.
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(g) Each teacher preparation program shall annually report the
program's performance on the standards and benchmarks established
under this section to the department. The department shall make the
information reported under this subsection available to the public on
the department's Internet web site. website. Each teacher preparation
program shall make the information reported under this subsection
available to the public on the teacher preparation program's Internet
web site. website. In addition to reporting performance, each teacher
preparation program must report to the department the following:
(1) The attrition, retention, and completion rates of teacher
candidates for the previous three (3) calendar years. The teacher
preparation program must also provide underlying data, as
determined by the department, used as part of calculating the
teacher preparation program's retention rates.
(2) The number of teacher candidates in each content area who
complete the teacher preparation program during the year,
disaggregated by ranges of cumulative grade point averages.
(3) The number of teacher candidates in each content area who,
during the year:
(A) do not pass a content area licensure examination; and
(B) do not retake the content area licensure examination.
(h) In making information available to the public on the
department's Internet web site, website, the department shall include
in the report under subsection (g), in addition to the matrix ratings
described in subsection (i), the following information:
(1) Average scaled or standard scores of teacher candidates who
complete teacher preparation programs on basic skills, content
area, and pedagogy licensure examinations.
(2) The average number of times teacher candidates who
complete a teacher preparation program take each licensing test
before receiving a passing score and the percentage of teacher
candidates who receive a passing score on each licensing test on
the teacher candidates' first attempts.
(i) Not later than July 30, 2016, the department and the commission
for higher education, in conjunction with the state board, the
Independent Colleges of Indiana, Inc., and teacher preparation
programs, shall establish a matrix rating system for teacher preparation
programs based on the performance of the programs as demonstrated
by the data collected under subsections (g) and (h). and information
reported to the department under IC 20-28-11.5-9. The matrix rating
system may not rank or compare teacher preparation programs. The
matrix rating system must be based on data collected for teachers who
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initially receive their teaching license during the previous three (3)
years. The department shall make the matrix ratings available to the
public on the department's Internet web site. website.
(j) Each teacher preparation program shall report to the department,
in a manner prescribed by the department, the teacher preparation
program's admission practices, in accordance with:
(1) the Council for the Accreditation of Educator Preparation
standards, for teacher preparation programs accredited by the
Council for the Accreditation of Educator Preparation;
(2) rigorous academic entry requirements for admission into a
teacher preparatory program that are equivalent to the minimum
academic requirements determined by the Council for the
Accreditation of Educator Preparation, for teacher preparation
programs that are not accredited by the Council for the
Accreditation of Educator Preparation; or
(3) the Association for Advancing Quality in Educator
Preparation standards, for teacher preparation programs
accredited by the Association for Advancing Quality in Educator
Preparation.
The department shall include information reported to the department
on the department's Internet web site. website.
(k) Not later than July 30, 2016, the department and the commission
for higher education, in conjunction with the state board, the
Independent Colleges of Indiana, Inc., and teacher preparation
programs, shall establish a minimum rating under the matrix rating
system established under subsection (i) that teacher preparation
programs must achieve to avoid referral under subsection (l).
(l) Beginning July 1, 2017, and not later than each July 1 thereafter,
the department shall submit a list of teacher preparation programs that
do not meet the minimum rating established under subsection (k) to the
commission for higher education and the Independent Colleges of
Indiana, Inc. for one (1) of the following actions:
(1) In the case of a state educational institution, the commission
for higher education shall place the teacher preparation program
on an improvement plan with clear performance goals and a
designated period in which the performance goals must be
achieved.
(2) In the case of a proprietary postsecondary educational
institution, the commission for higher education shall recommend
to the teacher preparation program an improvement plan with
clear performance goals and a designated period in which the
performance goals should be achieved.
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(3) In the case of a nonprofit college or university, the
Independent Colleges of Indiana, Inc., shall coordinate a peer
review process to make recommendations to the peer institution
in achieving the department's performance metrics.
(m) The department shall approve at least two (2) accreditors that:
(1) accredit teacher preparation programs; and
(2) are recognized by the Council for Higher Education
Accreditation;
to accredit teacher preparation programs for use in Indiana.
SECTION 8. IC 20-28-3-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2023]: Sec. 5.5. Not later than July 1, 2024, a teacher preparation
program shall include content within the curriculum on the
following:
(1) Information on criminal gang organizations awareness.
(2) Information regarding homeless students, including:
(A) the definition of homelessness;
(B) signs of homelessness; and
(C) steps to take when a homeless student is identified.
(3) Information on recognizing the signs and symptoms of
seizures and the appropriate steps to be taken to respond to
these symptoms.
SECTION 9. IC 20-28-3-7, AS AMENDED BY P.L.92-2020,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) Each school corporation and state accredited
nonpublic school shall require all school employees likely to have
direct, ongoing contact with children within the scope of the
employee's employment to attend or participate in inservice training
pertaining to the identification and reporting of human trafficking. The
training shall be conducted in a manner prescribed by the state board
under IC 20-28-5.5-1, and after June 30, 2024, the training may be
offered through the online platform established or licensed for use
under IC 20-19-3-29 if available.
(b) The inservice training required under this section shall count
toward the requirements for professional development required by the
governing body or the equivalent authority for a state accredited
nonpublic school.
SECTION 10. IC 20-28-3-9 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 9. (a) Each school corporation and charter school shall
require all applicants for employment who will have direct, ongoing
contact with children within the scope of the applicant's employment
to attend, before or not later than thirty (30) days after the start date of
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the applicant's employment, training concerning recognition of the
signs and symptoms of seizures and the appropriate steps to be taken
to respond to these symptoms.
(b) Each school corporation and charter school shall require all
school employees who have direct, ongoing contact with children
within the scope of the employee's employment to attend the training
described in subsection (a) at least once every five (5) years.
(c) The format of the training required under this section may
include:
(1) an in-person presentation;
(2) an electronic or technology based medium, including
self-review modules available on an online system;
(3) an individual program of study designated materials; or
(4) any other method approved by the governing body or
organizer of a charter school that is consistent with current
professional development standards.
(d) The training required under this section must be during the
school employee's contracted day or at a time chosen by the employee.
(e) The training required under this section shall count toward the
requirements for professional development required by the governing
body of a school corporation or its equivalent for a charter school.
(f) The training requirements must be consistent with the training
programs and guidelines developed by the Epilepsy Foundation of
America or a successor organization.
SECTION 11. IC 20-28-5-27, AS ADDED BY P.L.168-2022,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 27. (a) In an effort to fill a vacant teaching
position, offer a new program or class, or supplement a program
currently being offered, the governing body of a school corporation
may issue an adjunct teacher permit to an individual if the following
minimum requirements are met:
(1) The individual has at least four (4) years of experience in the
content area in which the individual intends to teach.
(2) The school corporation conducts an expanded criminal history
check and expanded child protection index check concerning the
individual as required under IC 20-26-5-10.
(3) The individual has not been convicted of a felony listed in
section 8(c) of this chapter or described in section 8(d) of this
chapter or the individual's conviction has been reversed, vacated,
or set aside on appeal.
However, the governing body may establish stricter requirements than
the requirements prescribed by this subsection.
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(b) If a governing body of a school corporation issues an adjunct
teacher permit to an individual under subsection (a):
(1) the school corporation may enter into an employment
agreement for employment with the individual as a part-time or
full-time teacher of the school corporation;
(2) the individual who holds the adjunct permit may teach in any
content area in which the school corporation allows the individual
to teach based on the individual's experience described in
subsection (a);
(3) the individual must be assigned a teacher mentor for support
in pedagogy; and
(4) the individual must complete the following training within the
first ninety (90) days of employment:
(A) IC 20-26-5-34.2 (bullying prevention).
(B) IC 20-28-3-4.5 (training on child abuse and neglect).
(C) IC 20-28-3-6 (youth suicide awareness and prevention
training).
(D) IC 20-28-3-7 (training on human trafficking).
The training described in subdivision (4)(D) may be completed
through the online platform described in IC 20-19-3-29.
(c) An adjunct teacher may not provide special education
instruction.
(d) The salary of an adjunct teacher under an employment
agreement described in IC 20-28-6-7.3 is not subject to the
requirements under IC 20-28-9-1.5 or a local compensation plan
established by a school corporation as described in IC 20-28-9-1.5.
(e) Except as otherwise provided in a collective bargaining
agreement entered into or renewed before July 1, 2022, an employment
agreement entered into under this section is not subject to a collective
bargaining agreement entered into under IC 20-29.
(f) It is not an unfair practice for a school corporation to enter into
an employment agreement under this section.
(g) Each school corporation that hires an adjunct teacher under this
section shall report to the department the following information:
(1) The number of adjunct teachers who hold a permit issued
under this section that the school corporation has hired each
school year, disaggregated by the grade level and subject area
taught by the adjunct teacher.
(2) The following information for each adjunct teacher described
in subdivision (1):
(A) The name of the adjunct teacher.
(B) The subject matter the adjunct teacher is permitted to
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teach.
(C) A description of the adjunct teacher's experience described
in subsection (a)(1).
(D) The adjunct teacher's total salary and any other
compensation paid to the adjunct teacher during the school
year.
(E) The number of previous adjunct teaching employment
agreements the adjunct teacher has entered into with the
school corporation or any other school corporation.
(h) A school corporation shall post a vacant adjunct teacher position
on the department's online adjunct teacher portal established under
IC 20-19-3-25.
(i) A school corporation may notify the parents of students enrolled
in the school corporation of a vacant adjunct teacher position.
(j) The governing body of a school corporation shall announce any
vacant adjunct teacher positions at meetings of the governing body.
SECTION 12. IC 20-28-6-2, AS AMENDED BY P.L.168-2022,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 2. (a) Except as provided under section 7.3 of this
chapter, a contract entered into by a teacher and a school corporation
must:
(1) be in writing;
(2) be signed by both parties; and
(3) contain the:
(A) beginning date of the school term as determined annually
by the school corporation;
(B) number of days in the school term as determined annually
by the school corporation;
(C) total salary to be paid to the teacher during the school year;
(D) number of salary payments to be made to the teacher
during the school year; and
(E) number of hours per day the teacher is expected to work.
as discussed pursuant to IC 20-29-6-7.
(b) The contract may provide for the annual determination of the
teacher's annual compensation based on a local compensation plan
specifying a salary range, which is part of the contract. The
compensation plan may be changed by the school corporation before
the later of May 1 of a year, with the changes effective the next school
year, or the date specified in a collective bargaining agreement
applicable to the next school year. A teacher affected by the changes
shall be furnished with printed copies of the changed compensation
plan not later than thirty (30) days after the adoption of the
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compensation plan.
(c) A contract under this section is also governed by the following
statutes:
(1) IC 20-28-9-5 through IC 20-28-9-6.
(2) IC 20-28-9-9 through IC 20-28-9-11.
(3) IC 20-28-9-13.
(4) IC 20-28-9-14.
(d) A governing body shall provide the blank contract forms,
carefully worded by the secretary of education, and have them signed.
The contracts are public records open to inspection by the residents of
each school corporation.
(e) An action may be brought on a contract that conforms with
subsections (a)(1), (a)(2), and (d).
SECTION 13. IC 20-28-6-7.5, AS ADDED BY P.L.90-2011,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7.5. (a) A teacher who is subject to section 8 of
this chapter is not subject to this section.
(b) After June 30, 2011, A teacher who:
(1) serves under contract as a teacher in a public school
corporation;
(2) has not received a rating in an evaluation under IC 20-28-11.5
or receives a rating of ineffective in an evaluation under
IC 20-28-11.5;
(2) either:
(A) receives two (2) consecutive ratings of ineffective, as
determined by the school corporation, on an annual
evaluation under IC 20-28-11.5; or
(B) is in the teacher's first or second year of full-time
teaching in a classroom; and
(3) has not at any time before July 1, 2012, entered into a teaching
contract for further service with the school corporation; and
(4) has not received three (3) ratings in a five (5) year period of
effective or highly effective in an evaluation under IC 20-28-11.5;
shall be considered a probationary teacher.
(c) After June 30, 2011, A teacher who: receives a rating of:
(1) effective; is not a probationary teacher under subsection
(b); and
(2) highly effective; or enters into a contract described in
section 2 of this chapter;
(3) a combination of both subdivisions (1) and (2);
in an evaluation under IC 20-28-11.5 for at least three (3) years in a
five (5) year or shorter period becomes a professional teacher. by
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entering into a contract described in section 2 of this chapter.
(d) A professional teacher who receives a rating of ineffective in an
evaluation under IC 20-28-11.5 shall be considered a probationary
teacher but is not subject to the cancellation of the teacher's contract
unless at least one (1) of the following criteria applies:
(1) The teacher receives a rating of ineffective in an evaluation
under IC 20-28-11.5 in the year immediately following the
teacher's initial rating of ineffective.
(2) The teacher's contract cancellation is due to a justifiable
decrease in the number of teaching positions under
IC 20-28-7.5-1(b)(3).
(3) The teacher's contract cancellation is due to conduct set forth
in IC 20-28-7.5-1(b).
SECTION 14. IC 20-28-7.5-1, AS AMENDED BY P.L.239-2015,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) This chapter applies to a teacher in a school
corporation (as defined in IC 20-18-2-16(a)).
(b) A contract with a teacher may be canceled immediately in the
manner set forth in sections 2 through 4 of this chapter for any of the
following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules adopted for the governance
of the school building or the school corporation.
(3) Incompetence, including:
(A) for probationary teachers, receiving an ineffective
designation on a performance evaluation or receiving two (2)
consecutive improvement necessary ratings on a performance
evaluation under IC 20-28-11.5; or
(B) for any teacher, receiving an ineffective designation on
two (2) consecutive performance evaluations or an ineffective
designation or improvement necessary rating under
IC 20-28-11.5 for three (3) years of any five (5) year period.
Repeated ineffective performance, as determined by the
school corporation.
(4) Neglect of duty.
(5) A conviction of an offense listed in IC 20-28-5-8(c).
(6) Other good or just cause.
(c) In addition to the reasons set forth in subsection (b), a
probationary teacher's contract may be canceled for any reason relevant
to the school corporation's interest in the manner set forth in sections
2 through 4 of this chapter.
SEA 486 — Concur 16
(d) After June 30, 2012, the cancellation of teacher's contracts due
to a justifiable decrease in the number of teaching positions shall be
determined on the basis of performance rather than seniority. In cases
where teachers are placed in the same performance category, any of the
items in IC 20-28-9-1.5(b) may be considered.
(e) Only the governing body may terminate, cancel, or otherwise
refuse to renew a contract of a superintendent or assistant
superintendent. Notice of the contract cancellation or the refusal to
renew the individual's contract must be provided in the manner
provided in IC 20-28-8-3(a).
SECTION 15. IC 20-28-9-1.5, AS AMENDED BY
P.L.178-2022(ts), SECTION 13, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 1.5. (a) This subsection
governs salary increases for a teacher employed by a school
corporation. Compensation attributable to additional degrees or
graduate credits earned before the effective date of a local
compensation plan created under this chapter before July 1, 2015, shall
continue for school years beginning after June 30, 2015. Compensation
attributable to additional degrees for which a teacher has started course
work before July 1, 2011, and completed course work before
September 2, 2014, shall also continue for school years beginning after
June 30, 2015. For school years beginning after June 30, 2022, a school
corporation may provide a supplemental payment to a teacher in excess
of the salary specified in the school corporation's compensation plan.
A supplement provided under this subsection is not subject to
collective bargaining. but a discussion of the supplement must be held.
Such a supplement is in addition to any increase permitted under
subsection (b).
(b) Increases or increments in a local salary range must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than fifty percent (50%) of the calculation
used to determine a teacher's increase or increment:
(A) The number of years of a teacher's experience.
(B) The possession of either:
(i) additional content area degrees beyond the requirements
for employment; or
(ii) additional content area degrees and credit hours beyond
the requirements for employment, if required under an
agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including the
SEA 486 — Concur 17
responsibility for conducting evaluations under IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) To provide greater flexibility and options, a school corporation
may differentiate the amount of salary increases or increments
determined for teachers. A school corporation shall base a
differentiated amount under this subsection on reasons the school
corporation determines are appropriate, which may include the:
(1) subject or subjects taught by a given teacher;
(2) importance of retaining a given teacher at the school
corporation;
(3) need to attract an individual with specific qualifications to fill
a teaching vacancy; and
(4) offering of a new program or class.
(d) A school corporation may provide differentiated increases or
increments under subsection (b), and in excess of the percentage
specified in subsection (b)(1), in order to:
(1) reduce the gap between the school corporation's minimum
teacher salary and the average of the school corporation's
minimum and maximum teacher salaries; or
(2) allow teachers currently employed by the school corporation
to receive a salary adjusted in comparison to starting base salaries
of new teachers.
(e) Except as provided in subsection (f), a teacher rated ineffective
or improvement necessary under IC 20-28-11.5 may not receive any
raise or increment for the following year if the teacher's employment
contract is continued. The amount that would otherwise have been
allocated for the salary increase of teachers rated ineffective or
improvement necessary shall be allocated for compensation of all
teachers rated effective and highly effective based on the criteria in
subsection (b).
(f) Subsection (e) does not apply to a teacher in the first two (2) full
school years that the teacher provides instruction to students in
elementary school or high school. If a teacher provides instruction to
students in elementary school or high school in another state, any full
school year, or its equivalent in the other state, that the teacher provides
instruction counts toward the two (2) full school years under this
subsection.
(g) A teacher who does not receive a raise or increment under
subsection (e) may file a request with the superintendent or
superintendent's designee not later than five (5) days after receiving
notice that the teacher received a rating of ineffective. The teacher is
entitled to a private conference with the superintendent or
SEA 486 — Concur 18
superintendent's designee.
(h) The Indiana education employment relations board established
in IC 20-29-3-1 shall publish a model compensation plan with a model
salary range that a school corporation may adopt.
(i) Each school corporation shall submit its local compensation plan
to the Indiana education employment relations board. For a school year
beginning after June 30, 2015, a local compensation plan must specify
the range for teacher salaries. The Indiana education employment
relations board shall publish the local compensation plans on the
Indiana education employment relations board's Internet web site.
website.
(j) The Indiana education employment relations board shall review
a compensation plan for compliance with this section as part of its
review under IC 20-29-6-6.1. The Indiana education employment
relations board has jurisdiction to determine compliance of a
compensation plan submitted under this section.
(k) This chapter may not be construed to require or allow a school
corporation to decrease the salary of any teacher below the salary the
teacher was earning on or before July 1, 2015, if that decrease would
be made solely to conform to the new compensation plan.
(l) After June 30, 2011, all rights, duties, or obligations established
under IC 20-28-9-1 before its repeal are considered rights, duties, or
obligations under this section.
(m) An employment agreement described in IC 20-28-6-7.3 between
an adjunct teacher and a school corporation is not subject to this
section.
SECTION 16. IC 20-28-11.5-1, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. As used in this chapter, "evaluator" means an
individual who conducts a staff performance evaluation. The term
includes a teacher who:
(1) has clearly demonstrated a record of effective teaching over
several years;
(2) is approved by the principal as qualified to evaluate under the
plan; and
(3) conducts staff performance evaluations as a significant part of
teacher's responsibilities.
SECTION 17. IC 20-28-11.5-3, AS AMENDED BY P.L.172-2011,
SECTION 122, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 3. As used in this chapter, "school
corporation" includes:
(1) a school corporation;
SEA 486 — Concur 19
(2) a school created by an interlocal agreement under IC 36-1-7;
(3) a special education cooperative under IC 20-35-5; and
(4) a joint career and technical education program created under
IC 20-37-1.
However, for purposes of section 4(a) and 4(b) of this chapter, "school
corporation" includes a charter school, a virtual charter school, and an
eligible school (as defined in IC 20-51-1-4.7).
SECTION 18. IC 20-28-11.5-4, AS AMENDED BY P.L.150-2020,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) Each school corporation shall develop or
adopt a plan for annual performance evaluations for each certificated
employee. A school corporation shall implement the plan beginning
with the 2012-2013 school year.
(b) Instead of developing its own staff performance evaluation plan
under subsection (a), a school corporation may adopt a staff
performance evaluation plan that meets the requirements set forth in
this chapter or any of the following models:
(1) A plan using master teachers or contracting with an outside
vendor to provide master teachers.
(2) The System for Teacher and Student Advancement (TAP).
(3) The Peer Assistance and Review Teacher Evaluation System
(PAR).
(c) A plan must include the following components:
(1) performance evaluations for all certificated employees,
conducted at least annually.
(2) Rigorous measures of effectiveness, including observations
and other performance indicators.
(3) An annual designation of each certificated employee in one
(1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(4) An explanation of the evaluator's recommendations for
improvement, and the time in which improvement is expected.
(5) A provision that a teacher who negatively affects student
achievement and growth cannot receive a rating of highly
effective or effective.
(6) A pre-evaluation planning session conducted by the
superintendent or equivalent authority for the school corporation
with the principals in the school corporation.
(d) In developing a performance evaluation plan, a school
SEA 486 — Concur 20
corporation may consider the following:
(1) Test scores of students (both formative and summative).
(2) Classroom presentation observations.
(3) Observation of student-teacher interaction.
(4) Knowledge of subject matter.
(5) Dedication and effectiveness of the teacher through time and
effort on task.
(6) Contributions of teachers through group teacher interactivity
in fulfilling the school improvement plan.
(7) Cooperation of the teacher with supervisors and peers.
(8) Extracurricular contributions of the teacher.
(9) Outside performance evaluations.
(10) Compliance with school corporation rules and procedures.
(11) Other items considered important by the school corporation
in developing each student to the student's maximum intellectual
potential and performance.
The state board and the department may recommend additional factors,
but may not require additional factors unless directed to do so by the
general assembly.
(e) The state board may create a method or model to align currently
used performance evaluation plan factors with each of the following
indicators:
(1) Maximizing instructional time.
(2) Student engagement.
(3) Developing student understanding and mastery of lesson
objectives.
(4) Tracking student data and analyzing progress.
(5) Checking for student understanding.
(b) A plan under this section must include an annual designation
of each certificated employee in one (1) of the following rating
categories:
(1) Highly effective.
(2) Effective.
(3) Improvement necessary.
(4) Ineffective.
The requirements for designation in each rating category must be
determined by the school corporation.
(f) (c) The plan must:
(1) be in writing; and
(2) be explained to the governing body in a public meeting;
before the evaluations are conducted. Before explaining the plan to the
governing body, the superintendent of the school corporation shall
SEA 486 — Concur 21
discuss the plan with teachers or the teachers' representative, if there
is one. This discussion is not subject to the open door law
(IC 5-14-1.5). The plan is not subject to bargaining. but a discussion of
the plan must be held.
(g) (d) The evaluator shall discuss the evaluation with the
certificated employee.
(e) After a school corporation has assigned an evaluator to
perform a certificated employee's evaluation, the certificated
employee may request the school corporation to assign an
evaluator other than the evaluator assigned to perform the
certificated employee's evaluation.
SECTION 19. IC 20-28-11.5-6, AS ADDED BY P.L.90-2011,
SECTION 39, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 6. (a) A copy of the completed evaluation,
including any documentation related to the evaluation, must be
provided to a certificated employee not later than seven (7) days after
the evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or
improvement necessary, as determined by the school corporation,
the evaluator and the certificated employee shall develop a remediation
plan of not more than ninety (90) school days in length to correct the
deficiencies noted in the certificated employee's evaluation. The
remediation plan must require the use of the certificated employee's
license renewal credits in professional development activities intended
to help the certificated employee achieve an effective rating, as
determined by the school corporation, on the next performance
evaluation. If the principal did not conduct the performance evaluation,
the principal may direct the use of the certificated employee's license
renewal credits under this subsection.
(c) A teacher who receives a rating of ineffective may file a request
for a private conference with the superintendent or the superintendent's
designee not later than five (5) days after receiving notice that the
teacher received a rating of ineffective. The teacher is entitled to a
private conference with the superintendent or superintendent's
designee.
SECTION 20. IC 20-28-11.5-7, AS AMENDED BY P.L.192-2018,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) This section applies to any teacher
instructing students in a content area and grade subject to IC 20-32-5-2
(for a school year ending before July 1, 2018), and IC 20-32-5.1 (for a
school year ending after June 30, 2018).
(b) A student may not be instructed for two (2) consecutive years by
SEA 486 — Concur 22
two (2) consecutive teachers, each of whom was rated as ineffective
under this chapter in the school year immediately before the school
year in which the student is placed in the respective teacher's class.
(c) If a teacher did not instruct students in the school year
immediately before the school year in which students are placed in the
teacher's class, the teacher's rating under this chapter for the most
recent year in which the teacher instructed students, instead of for the
school year immediately before the school year in which students are
placed in the teacher's class, shall be used in determining whether
subsection (b) applies to the teacher.
(d) If it is not possible for a school corporation to comply with this
section, the school corporation must notify the parents of each
applicable student indicating the student will be placed in a classroom
of a teacher who has been rated ineffective under this chapter. The
parent must be notified before the start of the second consecutive
school year.
SECTION 21. IC 20-28-11.5-8, AS AMENDED BY P.L.150-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 8. (a) To implement this chapter, the state board
shall do the following:
(1) Adopt rules under IC 4-22-2 that establish
(A) the criteria that define each of the four categories of
teacher ratings under section (4)(c)(3) of this chapter;
(B) standards that define actions that constitute a negative
impact on student achievement; and
(C) an acceptable standard for training evaluators.
(2) Work with the department to develop a model plan and release
it to school corporations. Subsequent versions of the model plan
that contain substantive changes must be provided to school
corporations.
(3) Work with the department to ensure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have access
to information on the plan, the plan's implementation, and this
chapter.
(b) A school corporation may:
(1) adopt the department's model plan; or
(2) adopt or establish any other model staff performance
evaluation plan. approved by the department, without the state
board's approval.
(c) A school corporation may substantially modify the model plan
or develop the school corporation's own plan, if the substantially
SEA 486 — Concur 23
modified or developed plan meets the criteria established under this
chapter. If a school corporation substantially modifies the model plan
or develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan meets
the criteria developed under this chapter. If the department makes such
a request, before submitting a substantially modified or new staff
performance evaluation plan to the department, the governing body
shall submit the staff performance evaluation plan to the teachers
employed by the school corporation for a vote. If at least seventy-five
percent (75%) of the voting teachers vote in favor of adopting the staff
performance evaluation plan, the governing body may submit the staff
performance evaluation plan to the department.
(d) (c) Each school corporation shall submit its staff performance
evaluation plan to the department. The department shall publish the
staff performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance evaluation
plan to the department for approval in order to qualify for any grant
funding related to this chapter. website.
SECTION 22. IC 20-28-11.5-8.5, AS ADDED BY P.L.213-2015,
SECTION 184, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2023]: Sec. 8.5. A plan for performance
evaluations under this chapter may be discussed, but is not subject to
bargaining. Selection of a performance evaluation model is at the
discretion of the school corporation, but the developed plan must be
reported to the department and the Indiana education employment
relations board in a timely manner, as established by the department.
Upon request by a school corporation, the department may review
the school corporation's plan for efficacy and the Indiana education
employment relations board may review the plan for legality, and both
may comment to the school corporation. The department shall annually
present to the state board of education plans selected by the school
corporations. The state board may recommend model plans to school
corporations, but shall not mandate any plan.
SECTION 23. IC 20-28-11.5-9, AS AMENDED BY P.L.41-2022,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 9. (a) The principal of a school in a school
corporation shall report in the aggregate the results of staff
performance evaluations for the school for the previous school year to
the superintendent and the governing body for the school corporation
before August 15 of each year on the schedule determined by the
governing body. The report must be presented in a public meeting of
the governing body. Before presentation to the governing body, the
SEA 486 — Concur 24
superintendent of the school corporation shall discuss the report of
completed evaluations with the teachers. This discussion is not subject
to the open door law (IC 5-14-1.5). The report of completed evaluations
is not subject to bargaining. but a discussion of the report must be held.
(b) A school corporation annually shall provide the disaggregated
results of staff performance evaluations by teacher identification
numbers to the department:
(1) after completing the presentations required under subsection
(a) for all schools for the school corporation; and
(2) before November 15 of that year.
Before November 15 of each year, each charter school (including a
virtual charter school) shall provide the disaggregated results of staff
performance evaluations by teacher identification numbers to the
department.
(c) Not before the beginning of the second semester (or the
equivalent) of the school year and not later than August 1 of each year,
the principal at each school described in subsection (b) shall complete
a survey that provides information regarding the principal's assessment
of the quality of instruction by each particular teacher preparation
program located in Indiana for teachers employed at the school who
initially received their teaching license in Indiana in the previous two
(2) years. The survey shall be adopted by the state board and prescribed
on a form developed not later than July 30, 2016, by the department
that is aligned with the matrix system established under
IC 20-28-3-1(i). The school shall provide the surveys to the department
in a manner prescribed by the department. The department shall
compile the information contained in the surveys, broken down by each
teacher preparation program located in Indiana. The department shall
include information relevant to a particular teacher preparation
program located in Indiana in the department's report under subsection
(f).
(d) During the second semester (or the equivalent) of the school
year and not later than August 1 of each year, each teacher employed
by a school described in subsection (b) in Indiana who initially
received a teacher's license in Indiana in the previous three (3) years
shall complete a form after the teacher completes the teacher's initial
year teaching at a particular school. The information reported on the
form must:
(1) provide the year in which the teacher was hired by the school;
(2) include the name of the teacher preparation program that
recommended the teacher for an initial license;
(3) describe subjects taught by the teacher;
SEA 486 — Concur 25
(4) provide the location of different teaching positions held by the
teacher since the teacher initially obtained an Indiana teaching
license;
(5) provide a description of any mentoring the teacher has
received while teaching in the teacher's current teaching position;
(6) describe the teacher's current licensure status; and
(7) include an assessment by the teacher of the quality of
instruction of the teacher preparation program in which the
teacher participated.
The form shall be prescribed by the department. The forms shall be
submitted to the department in a manner prescribed by the department.
Upon receipt of the information provided in this subsection, the
department shall compile the information contained in the forms and
include an aggregated summary of the report on the department's
Internet web site.
(e) Before December 15 of each year, the department shall report
the results of staff performance evaluations in the aggregate to the state
board, and to the public via the department's Internet web site for:
(1) the aggregate of certificated employees of each school and
school corporation;
(2) the aggregate of graduates of each teacher preparation
program in Indiana;
(3) for each school described in subsection (b), the annual rate of
retention for certificated employees for each school within the
charter school or school corporation; and
(4) the aggregate results of staff performance evaluations for each
category described in section 4(c)(3) of this chapter. In addition
to the aggregate results, the results must be broken down:
(A) by the content area of the initial teacher license received
by teachers upon completion of a particular teacher
preparation program; or
(B) as otherwise requested by a teacher preparation program,
as approved by the state board.
(f) Beginning November 1, 2016, and before September 1 of each
year thereafter, the department shall report to each teacher preparation
program in Indiana for teachers with three (3) or fewer years of
teaching experience:
(1) information from the surveys relevant to that particular teacher
education program provided to the department under subsection
(c);
(2) information from the forms relevant to that particular teacher
preparation program compiled by the department under
SEA 486 — Concur 26
subsection (d); and
(3) the results from the most recent school year for which data are
available of staff performance evaluations for each category
described in section 4(c)(3) of this chapter with three (3) or fewer
years of teaching experience for that particular teacher
preparation program. The report to the teacher preparation
program under this subdivision shall be in the aggregate form and
shall be broken down by the teacher preparation program that
recommended an initial teaching license for the teacher.
SECTION 24. IC 20-29-2-7 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 7. "Discuss" means the performance of the mutual
obligation of the school corporation through its superintendent and the
exclusive representative to meet at reasonable times to:
(1) discuss;
(2) provide meaningful input; or
(3) exchange points of view;
with respect to items enumerated in IC 20-29-6-7.
SECTION 25. IC 20-29-6-1, AS AMENDED BY P.L.216-2021,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) School employers and school employees
shall:
(1) have the obligation and the right to bargain collectively the
items set forth in section 4 of this chapter; and
(2) have the right and obligation to discuss any item set forth in
section 7 of this chapter; and
(3) (2) enter into a contract embodying any of the matters listed
in section 4 of this chapter on which they have bargained
collectively.
(b) Notwithstanding any other law, before a school employer and
school employees may privately negotiate the matters described in
subsection (a)(1) during the time period for formal collective
bargaining established in section 12 of this chapter, the parties must
hold at least one (1) public hearing and take public testimony to discuss
the items described in subsection (a). A school employer may allow
governing body members or the public to participate in a public
hearing under this subsection by means of electronic communication.
SECTION 26. IC 20-29-6-7, AS AMENDED BY P.L.168-2022,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 7. (a) A school employer shall may discuss: with
the exclusive representative of certificated employees the following
items:
(1) Curriculum development and revision.
SEA 486 — Concur 27
(2) Selection of curricular materials.
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer, assignment,
and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace,
except those items required to be kept confidential by state or
federal law.
(10) Hours.
(11) Funding for a plan for a remediation program for any subset
of students enrolled in kindergarten through grade 12.
(12) The following nonbargainable items under IC 20-43-10-3.5:
(A) Teacher appreciation grants.
(B) Individual teacher appreciation grant stipends to teachers.
(C) Additions to base salary based on teacher appreciation
grant stipends.
(13) The pre-evaluation planning session required under
IC 20-28-11.5-4.
(14) The superintendent's report to the governing body concerning
staff performance evaluations required under IC 20-28-11.5-9.
(15) A teacher performance model.
(16) The use of adjunct teachers permitted under IC 20-28-5-27.
(1) with a certificated employee or group of certificated
employees; or
(2) at one (1) or more meetings that are open to all certificated
employees;
any topic that significantly impacts a certificated employee's
working conditions or impacts the educational quality of the school
employer's students.
(b) A discussion or meeting under subsection (a) is not subject
to the open door law (IC 5-14-1.5).
SECTION 27. IC 20-29-6-8 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 8. The obligation to discuss does not require either party to
enter into a contract, agree to a proposal, or make a concession related
to the items listed in section 7 of this chapter. A failure to reach an
agreement on a matter of discussion does not allow the use of any part
of the impasse procedure under IC 20-29-8.
SECTION 28. IC 20-29-6-9, AS ADDED BY P.L.1-2005,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 486 — Concur 28
JULY 1, 2023]: Sec. 9. The obligation to bargain collectively or discuss
a matter does not prevent:
(1) a school employee from petitioning the school employer,
governing body, or superintendent for a redress of the employee's
grievances, either individually or through the exclusive
representative; or
(2) the school employer or superintendent from conferring with
a citizen, taxpayer, student, school employee, or other person
considering the operation of the schools and the school
corporation.
SECTION 29. IC 20-29-7-1, AS AMENDED BY P.L.48-2011,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 1. (a) It is an unfair practice for a school employer
to do any of the following:
(1) Interfere with, restrain, or coerce school employees in the
exercise of the rights guaranteed in IC 20-29-4.
(2) Dominate, interfere, or assist in the formation or
administration of any school employee organization or contribute
financial or other support to the organization. Subject to rules
adopted by the governing body, a school employer may permit
school employees to confer with the school employer or with any
school employee organization during working hours without loss
of time or pay.
(3) Encourage or discourage membership in any school employee
organization through discrimination in regard to:
(A) hiring;
(B) tenure of employment; or
(C) any term or condition of employment.
(4) Discharge or otherwise discriminate against a school
employee because the employee has filed a complaint, affidavit,
petition, or any information or testimony under this article.
(5) Refuse to
(A) bargain collectively or
(B) discuss;
with an exclusive representative as required by this article.
(6) Fail or refuse to comply with any provision of this article.
(b) If:
(1) a complaint is filed that alleges an unfair practice has occurred
with respect to a subject that may be discussed under this article;
and
(2) the complaint is found to be frivolous;
the party that filed that complaint is liable for costs and attorney's fees.
SEA 486 — Concur 29
SECTION 30. IC 20-34-3-24, AS ADDED BY P.L.44-2019,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 24. (a) For purposes of this section, "bleeding
control kit" means a first aid response kit that contains at least the
following:
(1) One (1) tourniquet endorsed by the Committee on Tactical
Combat Casualty Care.
(2) A compression bandage.
(3) A bleeding control bandage.
(4) Protective gloves and a permanent marker.
(5) Scissors.
(6) Instructional documents developed by the Stop the Bleed
national awareness campaign of the United States Department of
Homeland Security or the American College of Surgeons
Committee on Trauma, or both.
(7) Other medical materials and equipment similar to those
described in subdivisions (1) through (3), and any additional
items that:
(A) are approved by local law enforcement or first responders;
(B) can adequately treat a traumatic injury; and
(C) can be stored in a readily available kit.
(b) Beginning in the 2020-2021 school year and each school year
thereafter and subject to either:
(1) an appropriation by the general assembly; or
(2) a charter school or school corporation receiving sufficient
bleeding control kits for the charter school or each school in the
school corporation from:
(A) donations from individuals or entities; or
(B) gifts necessary to purchase the bleeding control kits;
each school corporation and charter school shall develop and
implement a Stop the Bleed program that meets the requirements set
forth in this section. Upon request by a school corporation or charter
school, the department of homeland security, in collaboration with the
department, may direct the school corporation or charter school to
resources that are available to provide bleeding control kits to the
school corporation or charter school. The department of homeland
security and department shall maintain information regarding the Stop
the Bleed program on the department of homeland security's and
department's Internet web sites.
(c) A school corporation's Stop the Bleed program must include
each school of the school corporation. The Stop the Bleed program
must include requirements that:
SEA 486 — Concur 30
(1) require bleeding control kits be assigned to designated rooms
in easily accessible locations to be determined by local first
responders or the school safety specialist;
(2) include bleeding control kits in the emergency plans of the
school corporation or charter school, including the presentation
and use of the bleeding control kits in all drills and emergencies;
(3) provide that all school corporations and charter schools have
a minimum of five (5) individuals in each school building who
obtain appropriate training in the use of the bleeding control kit,
including:
(A) the proper application of pressure to stop bleeding;
(B) the application of dressings or bandages;
(C) additional pressure techniques to control bleeding; and
(D) the correct application of tourniquets;
(4) require bleeding control kits in school inventories to be
inspected annually to ensure that the materials, supplies, and
equipment contained in the bleeding control kits are not expired,
and that any expired materials, supplies, and equipment are
replaced as necessary; and
(5) require a bleeding control kit to be restocked after each use
and any materials, supplies, and equipment to be replaced as
necessary to ensure that the bleeding control kit contains all
necessary materials, supplies, and equipment.
(d) The department, in collaboration with the department of
homeland security, shall develop and provide training for the use of
bleeding control kits. The department may satisfy the training
requirements by:
(1) using training, including online training, available from the
American College of Surgeons or a similar organization
authorized by the department of homeland security; or
(2) after June 30, 2024, offering the training required by this
section through the online platform established or licensed for
use under IC 20-19-3-29 if available.
(e) In all matters relating to a Stop the Bleed program, school
corporation or charter school personnel are immune from civil liability
for any act done or omitted in the use of a bleeding control kit unless
the action constitutes gross negligence or willful or wanton
misconduct.
SECTION 31. IC 20-43-10-3.5, AS AMENDED BY P.L.165-2021,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JUNE 29, 2023]: Sec. 3.5. (a) As used in this section,
"school" means a school corporation, charter school, and a virtual
SEA 486 — Concur 31
charter school.
(b) Subject to the requirements of this section, a school qualifies for
a teacher appreciation grant as provided in this section for a state fiscal
year if one (1) or more licensed teachers:
(1) employed in the classroom by the school; or
(2) directly providing virtual education;
were rated as effective or as highly effective, using the most recently
completed teacher ratings.
(c) A school may not receive a teacher appreciation grant under this
section unless:
(1) the school has in the state fiscal year in which the teacher
appreciation grants are made under this section:
(A) adopted an annual policy concerning the distribution of
teacher appreciation grants; and
(B) submitted the policy to the department for approval; and
(2) the department has approved the policy.
The department shall specify the date by which a policy described in
subdivision (1) must be submitted to the department.
(d) The amount of a teacher appreciation grant for a qualifying
school corporation or virtual charter school is equal to:
(1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
(2) the school's current ADM.
However, the grant amount for a virtual charter school may not exceed
the statewide average grant amount.
(e) The following apply to the distribution of teacher appreciation
grants:
(1) If the total amount to be distributed as teacher appreciation
grants for a particular state fiscal year exceeds the amount
appropriated by the general assembly for teacher appreciation
grants for that state fiscal year, the total amount to be distributed
as teacher appreciation grants to schools shall be proportionately
reduced so that the total reduction equals the amount of the
excess. The amount of the reduction for a particular school is
equal to the total amount of the excess multiplied by a fraction.
The numerator of the fraction is the amount of the teacher
appreciation grant that the school would have received if a
reduction were not made under this section. The denominator of
the fraction is the total amount that would be distributed as
teacher appreciation grants to all schools if a reduction were not
made under this section.
(2) If the total amount to be distributed as teacher appreciation
grants for a particular state fiscal year is less than the amount
SEA 486 — Concur 32
appropriated by the general assembly for teacher appreciation
grants for that state fiscal year, the total amount to be distributed
as teacher appreciation grants to schools for that particular state
fiscal year shall be proportionately increased so that the total
amount to be distributed equals the amount of the appropriation
for that particular state fiscal year.
(f) The annual teacher appreciation grant to which a school is
entitled for a state fiscal year shall be distributed to the school before
December 5 of that state fiscal year.
(g) The following apply to a school's policy under subsection (c)
concerning the distribution of teacher appreciation grants:
(1) The governing body shall differentiate between a teacher rated
as a highly effective teacher and a teacher rated as an effective
teacher. The policy must provide that the amount of a stipend
awarded to a teacher rated as a highly effective teacher must be
at least twenty-five percent (25%) more than the amount of a
stipend awarded to a teacher rated as an effective teacher.
(2) The governing body of a school may differentiate between
school buildings.
(3) A stipend to an individual teacher in a particular year is not
subject to collective bargaining but is discussable, and is in
addition to the minimum salary or increases in salary set under
IC 20-28-9-1.5. The governing body may provide that an amount
not exceeding fifty percent (50%) of the amount of a stipend to an
individual teacher in a particular state fiscal year becomes a
permanent part of and increases the base salary of the teacher
receiving the stipend for school years beginning after the state
fiscal year in which the stipend is received. The addition to base
salary is not subject to collective bargaining. but is discussable.
(h) A teacher appreciation grant received by a school shall be
allocated among and used only to pay cash stipends to all licensed
teachers employed in the classroom who are rated as effective or as
highly effective and employed by the school as of December 1. A
school may allocate up to twenty percent (20%) of the grant received
by the school to provide a supplemental award to teachers with less
than five (5) years of service who are rated as effective or as highly
effective. The supplemental award is in addition to the award made
from the part of the grant that is allocated to all eligible teachers.
(i) The lead school corporation or interlocal cooperative
administering a cooperative or other special education program or
administering a career and technical education program, including
programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
SEA 486 — Concur 33
IC 36-1-7, shall award teacher appreciation grant stipends to and carry
out the other responsibilities of an employing school corporation under
this section for the teachers in the special education program or career
and technical education program.
(j) A school shall distribute all stipends from a teacher appreciation
grant to individual teachers within twenty (20) business days of the
date the department distributes the teacher appreciation grant to the
school. Any part of the teacher appreciation grant not distributed as
stipends to teachers before February must be returned to the
department on the earlier of the date set by the department or June 30
of that state fiscal year.
(k) The department, after review by the budget committee, may
waive the December 5 deadline under subsection (f) to distribute an
annual teacher appreciation grant to the school under this section for
that state fiscal year and approve an extension of that deadline to a later
date within that state fiscal year, if the department determines that a
waiver and extension of the deadline are in the public interest.
(l) The state board may adopt rules under IC 4-22-2, including
emergency rules in the manner provided in IC 4-22-2-37.1, as
necessary to implement this section.
(m) This section expires June 30, 2023.
SECTION 32. IC 20-50-1-3 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 3. (a) Every local educational agency, regardless of whether
it receives a McKinney-Vento Act grant, is required to designate a
local liaison under 42 U.S.C. 11432.
(b) The local liaison serves as one (1) of the primary contacts
between homeless families and:
(1) school staff;
(2) district personnel;
(3) shelter workers; and
(4) other service providers.
(c) The local liaison coordinates services to ensure the following:
(1) Homeless children and youths are identified by school
personnel through outreach and coordination activities with other
entities and agencies pursuant to the McKinney-Vento Act.
(2) Homeless children and youths are enrolled in, and have full
and equal opportunity to succeed in, school.
(3) Homeless families and homeless children and youths are
provided access to receive education services for which the
homeless families and homeless children and youths are eligible,
including Head Start, early intervention services under the
Individuals with Disabilities Education Act, and preschool
SEA 486 — Concur 34
programs administered by the local educational agency.
(4) Homeless families and homeless children and youths are
referred to health, dental, mental health, and substance abuse
services, housing services, and other appropriate services.
(5) Parents or guardians of homeless children and youths are
informed of educational and related opportunities available to the
children and are provided with meaningful opportunities to
participate in the education of the children.
(6) Public notice of educational rights of homeless students is
disseminated in locations frequented by parents and guardians of
homeless children and youths, and unaccompanied youths,
including in schools, shelters, public libraries, and soup kitchens,
in a manner and form understandable to the parents and guardians
of homeless children and youths and unaccompanied youths.
(7) Enrollment disputes are mediated in accordance with the
McKinney-Vento Act.
(8) Parents and guardians of homeless children and youths and
unaccompanied youths are fully informed of all transportation
services, including transportation to and from the school of origin,
and are assisted in accessing transportation services.
(9) School personnel receive professional development and other
support.
(10) Unaccompanied youths:
(A) are enrolled in school;
(B) have opportunities to meet the same state academic
standards as established for other children and youths; and
(C) are informed of the status of unaccompanied youths as
independent students under section 40 of the Higher Education
Act of 1965 (20 U.S.C. 1087vv), to ensure the rights of
unaccompanied youths to receive verification of this status
from the local liaison.
SECTION 33. IC 20-50-1-6 IS REPEALED [EFFECTIVE JULY 1,
2023]. Sec. 6. (a) Each year, the department shall provide training to
individuals who are appointed under section 3 of this chapter as
liaisons for homeless children.
(b) The local educational agency shall provide professional
development training to school staff, including teachers,
paraprofessionals, and school support staff, at least one (1) time per
year. The development training shall include:
(1) the definition of homelessness;
(2) signs of homelessness; and
(3) steps to take when a homeless student is identified.
SEA 486 — Concur 35
(c) The local educational agency shall provide professional
development training to specialized instructional support personnel that
is designed to heighten the understanding and sensitivity of the
personnel to:
(1) the needs of homeless children and youths;
(2) the rights of homeless children and youths under the
McKinney-Vento Act; and
(3) the specific educational needs of homeless children and
youths.
SECTION 34. IC 31-36-3-4, AS ADDED BY P.L.211-2019,
SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2023]: Sec. 4. (a) As used in this section, "homeless youth"
means an individual who:
(1) is:
(A) at least sixteen (16) years of age; and
(B) less than eighteen (18) years of age;
(2) is unemancipated;
(3) is mentally competent; and
(4) lives in a situation described in 42 U.S.C. 11434a(2)(A) and
42 U.S.C. 11434a(2)(B) with or without the consent of the
individual's parent, guardian, or custodian.
(b) An individual identified in subsection (c)(3) who presents a fee
and consent waiver affidavit described in subsection (c) on behalf of a
homeless youth to the appropriate agency or entity shall:
(1) have access, without charge and the consent of a parent,
guardian, or custodian, to the homeless youth's:
(A) certificate of birth;
(B) photo identification card under IC 9-24-16-10(c); and
(C) Indiana driver's license; and
(2) be permitted to enroll the homeless youth in adult basic
education services and register the homeless youth for the Indiana
high school equivalency examination following the completion of
an exit interview by the homeless youth under IC 20-33-2-9.
(c) A fee and consent waiver affidavit executed under this
subsection shall contain the following:
(1) The homeless youth's:
(A) full name; and
(B) date of birth.
(2) The name, address, and telephone number of the government
entity, school corporation liaison for homeless youth, under
IC 20-50-1-3, or nonprofit organization that:
(A) is providing services to the homeless youth; and
SEA 486 — Concur 36
(B) will accept delivery of mail for the homeless youth.
(3) The name of the legal representative of the government entity,
school corporation liaison for homeless youth, under
IC 20-50-1-3, or nonprofit organization described in subdivision
(2).
(4) The signature of the legal representative described in
subdivision (3) and the date of the signature.
(5) The signature of the homeless youth and the date of the
signature.
A fee and consent waiver affidavit executed under this subsection must
be verified by affirmation or representation.
SECTION 35. [EFFECTIVE UPON PASSAGE] (a) The legislative
council is urged to assign to the appropriate interim study
committee, during the 2023 legislative interim, the task of studying
current school assessments in an effort to reduce and streamline
assessments for Indiana students.
(b) This SECTION expires January 1, 2024.
SECTION 36. An emergency is declared for this act.
SEA 486 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 486 — Concur