IN
Indiana House Bill HB1073

Indiana 2024 Regular Session

Indiana House Bill HB1073 Compare Versions

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1-*HB1073.2*
2-Reprinted
3-January 30, 2024
1+*HB1073.1*
2+January 25, 2024
43 HOUSE BILL No. 1073
54 _____
6-DIGEST OF HB 1073 (Updated January 29, 2024 2:53 pm - DI 134)
5+DIGEST OF HB 1073 (Updated January 24, 2024 3:50 pm - DI 152)
76 Citations Affected: IC 20-20; IC 20-35.
87 Synopsis: Special education. Provides that the commission on
98 seclusion and restraint in schools (commission) must include
109 eliminating or minimizing the need for use of time-out in its model
1110 restraint and seclusion plan. Requires the commission to meet
1211 biannually (instead of annually, under current law), and requires the
1312 commission to submit a biannual report to the state advisory council on
1413 the education of children with disabilities. Requires school
15-corporations, subject to available funding, to have electronic recording
16-equipment in each designated special education classroom, seclusion
17-area, and time-out area not later than July 1, 2025. Provides that
18-electronic recording equipment must be active and recording when
19-certain areas are in use, and that any recorded audio files, images, and
20-video must be stored for a period of not less than 60 days. Creates a
21-process by which a parent of a special education student may request
22-to review certain recordings. Provides that specified individuals
23-employed by a school corporation may request to review to review
24-recordings.
14+corporations to have electronic recording equipment in each designated
15+special education classroom, seclusion area, and time-out area not later
16+than July 1, 2025. Provides that electronic recording equipment must
17+be active and recording when certain areas are in use, and that any
18+recorded audio files, images, and video must be stored for a period of
19+not less than 60 days. Creates a process by which a parent of a special
20+education student may request to review certain recordings. Provides
21+that specified individuals employed by a school corporation may
22+request to review to review recordings.
2523 Effective: July 1, 2024.
2624 Cash, Haggard, Payne
2725 January 8, 2024, read first time and referred to Committee on Education.
2826 January 25, 2024, amended, reported — Do Pass.
29-January 29, 2024, read second time, amended, ordered engrossed.
30-HB 1073—LS 6482/DI 143 Reprinted
31-January 30, 2024
27+HB 1073—LS 6482/DI 143 January 25, 2024
3228 Second Regular Session of the 123rd General Assembly (2024)
3329 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3430 Constitution) is being amended, the text of the existing provision will appear in this style type,
3531 additions will appear in this style type, and deletions will appear in this style type.
3632 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3733 provision adopted), the text of the new provision will appear in this style type. Also, the
3834 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3935 a new provision to the Indiana Code or the Indiana Constitution.
4036 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4137 between statutes enacted by the 2023 Regular Session of the General Assembly.
4238 HOUSE BILL No. 1073
4339 A BILL FOR AN ACT to amend the Indiana Code concerning
4440 education.
4541 Be it enacted by the General Assembly of the State of Indiana:
4642 1 SECTION 1. IC 20-20-40-10, AS ADDED BY P.L.122-2013,
4743 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4844 3 JULY 1, 2024]: Sec. 10. As used in this chapter, "time-out" means a
4945 4 behavior reduction procedure in which access to reinforcement is
5046 5 withdrawn for a certain period of time. Time-out occurs when the
5147 6 ability of a student to receive normal reinforcement in the school
5248 7 environment is restricted. The term does not include a supervised
5349 8 time-out or scheduled break, as described in a student's
5450 9 individualized education program.
5551 10 SECTION 2. IC 20-20-40-12, AS AMENDED BY P.L.43-2021,
5652 11 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5753 12 JULY 1, 2024]: Sec. 12. (a) The designee of the secretary of education
5854 13 under section 11(b)(1) of this chapter serves as chairperson of the
5955 14 commission.
6056 15 (b) The commission shall meet at least annually biannually on the
6157 16 call of the chairperson, and may meet as often as is necessary. The
6258 17 chairperson shall provide not less than fourteen (14) days notice of a
6359 HB 1073—LS 6482/DI 143 2
6460 1 meeting to the members of the commission and to the public.
6561 2 (c) The affirmative votes of at least five (5) members of the
6662 3 commission are necessary for the commission to take action. The votes
6763 4 of the commission must be recorded.
6864 5 (d) All commission meetings shall be open to the public, and each
6965 6 meeting must include opportunities for public comment.
7066 7 (e) The department shall provide staff support for the commission.
7167 8 SECTION 3. IC 20-20-40-13, AS AMENDED BY P.L.250-2023,
7268 9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7369 10 JULY 1, 2024]: Sec. 13. (a) The commission has the following duties:
7470 11 (1) To adopt rules concerning the following:
7571 12 (A) The use of restraint and seclusion in a school corporation
7672 13 or a state accredited nonpublic school, with an emphasis on
7773 14 eliminating or minimizing the use of restraint and seclusion.
7874 15 (B) The prevention of the use of types of restraint or seclusion
7975 16 that may harm a student, a school employee, a school
8076 17 volunteer, or the educational environment of the school.
8177 18 (C) Requirements for notifying parents.
8278 19 (D) Training regarding the use of restraint and seclusion,
8379 20 including the frequency of training and what employees must
8480 21 be trained.
8581 22 (E) The distribution of the seclusion and restraint policy to
8682 23 parents and the public.
8783 24 (F) Requirements for the reporting of incidents of restraint and
8884 25 seclusion in the annual school performance report, including
8985 26 incidents of restraint and seclusion involving school resource
9086 27 officers (as defined in IC 20-26-18.2-1).
9187 28 (G) Circumstances that may require more timely incident
9288 29 reporting and the requirements for such reporting.
9389 30 (2) To develop, maintain, and revise a model restraint and
9490 31 seclusion plan for schools that includes the following elements:
9591 32 (A) A statement on how students will be treated with dignity
9692 33 and respect and how appropriate student behavior will be
9793 34 promoted and taught.
9894 35 (B) A statement ensuring that the school will use prevention,
9995 36 positive behavior intervention and support, and conflict
10096 37 de-escalation to eliminate or minimize the need for use of any
10197 38 of the following:
10298 39 (i) Seclusion.
10399 40 (ii) Chemical restraint.
104100 41 (iii) Mechanical restraint.
105101 42 (iv) Physical restraint.
106102 HB 1073—LS 6482/DI 143 3
107103 1 (v) Time-out.
108104 2 (C) A statement ensuring that any behavioral intervention used
109105 3 will be consistent with the student's most current behavioral
110106 4 intervention plan, or individualized education program, if
111107 5 applicable.
112108 6 (D) Definitions for restraint and seclusion, as defined in this
113109 7 chapter.
114110 8 (E) A statement ensuring that if a procedure listed in clause
115111 9 (B) is used, the procedure will be used:
116112 10 (i) as a last resort safety procedure, employed only after
117113 11 another, less restrictive procedure has been implemented
118114 12 without success; and
119115 13 (ii) in a situation in which there is an imminent risk of injury
120116 14 to the student, other students, school employees, or visitors
121117 15 to the school.
122118 16 (F) An indication that restraint or seclusion may be used only
123119 17 for a short time period, or until the imminent risk of injury has
124120 18 passed.
125121 19 (G) A documentation and recording requirement governing
126122 20 instances in which procedures listed in clause (B) are used,
127123 21 including:
128124 22 (i) how every incident will be documented and debriefed;
129125 23 (ii) how responsibilities will be assigned to designated
130126 24 employees for evaluation and oversight; and
131127 25 (iii) designation of a school employee to be the keeper of
132128 26 such documents.
133129 27 (H) A requirement that the student's parent must be notified as
134130 28 soon as possible when an incident involving the student occurs
135131 29 that includes use of procedures listed in clause (B).
136132 30 (I) A requirement that a copy of an incident report must be
137133 31 sent to the student's parent after the student is subject to a
138134 32 procedure listed in clause (B).
139135 33 (J) Required recurrent training for appropriate school
140136 34 employees on the appropriate use of effective alternatives to
141137 35 physical restraint and seclusion, including the use of positive
142138 36 behavioral intervention and support and conflict de-escalation.
143139 37 The training must include the safe use of physical restraint and
144140 38 seclusion in incidents involving imminent danger or serious
145141 39 harm to the student, school employees, or others.
146142 40 Consideration must be given to available school resources and
147143 41 the time commitments of school employees.
148144 42 (3) To accept and review reports from the public and make
149145 HB 1073—LS 6482/DI 143 4
150146 1 nonbinding recommendations to the department of any suggested
151147 2 action to be taken.
152148 3 (4) To biannually provide a report to the state advisory
153149 4 council on the education of children with disabilities
154150 5 appointed under IC 20-35-3-1 regarding the:
155151 6 (A) execution of the commission's duties under this section;
156152 7 and
157153 8 (B) review of incident reports under section 13.6 of this
158154 9 chapter.
159155 10 (b) The model policy developed by the commission must take into
160156 11 consideration that implementation and reporting requirements for state
161157 12 accredited nonpublic schools may vary, and the model plan must
162158 13 provide state accredited nonpublic schools flexibility with regards to
163159 14 accountability under and implementation of the plan adopted by a state
164160 15 accredited nonpublic school under section 14 of this chapter.
165161 16 (c) The commission will assist the department in enabling training
166162 17 required by this section to be provided after June 30, 2024, through the
167163 18 online platform established or licensed for use under IC 20-19-3-29, if
168164 19 the online platform is established.
169165 20 SECTION 4. IC 20-20-40-13.6, AS ADDED BY P.L.227-2017,
170166 21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
171167 22 JULY 1, 2024]: Sec. 13.6. (a) The department shall biannually review
172168 23 incident reports under rules established by the commission under
173169 24 IC 4-22-2 and submit summary findings to the commission in
174170 25 compliance with the federal Family Educational Rights and Privacy Act
175171 26 (20 U.S.C. 1232g and 34 CFR Part 99).
176172 27 (b) The commission shall biannually review summary findings
177173 28 submitted by the department under subsection (a) and may make
178174 29 nonbinding recommendations to the department or other entities.
179175 30 (c) If the department receives a recommendation from the
180176 31 commission under subsection (b), the department shall provide the
181177 32 commission a response with regard to the commission's
182178 33 recommendation in a manner prescribed by the department within a
183179 34 reasonable time after the department receives the recommendation
184180 35 from the commission.
185181 36 SECTION 5. IC 20-35-15 IS ADDED TO THE INDIANA CODE
186182 37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
187183 38 JULY 1, 2024]:
188184 39 Chapter 15. Special Education Transparency
189185 40 Sec. 1. (a) As used in this chapter, "electronic recording
190186 41 equipment" means a digital audio visual camera that is capable of:
191187 42 (1) capturing audio for the entirety of a location described in
192188 HB 1073—LS 6482/DI 143 5
193189 1 IC 20-35-15-2; and
194190 2 (2) recording and storing audio files, digital images, and
195191 3 video.
196192 4 (b) As used in this chapter, "seclusion" has the meaning set
197193 5 forth in IC 20-20-40-9.
198194 6 (c) As used in this chapter, "time-out" has the meaning set forth
199195 7 in IC 20-20-40-10.
200-8 Sec. 2. (a) Not later than July 1, 2025, subject to available
201-9 funding, each school corporation must have electronic recording
202-10 equipment in each designated:
203-11 (1) special education classroom where a majority of the
204-12 students have severe disabilities;
205-13 (2) seclusion area; and
206-14 (3) time-out area;
207-15 within the school corporation.
208-16 (b) The electronic recording equipment required by subsection
209-17 (a) must:
210-18 (1) be active and recording whenever the designated special
211-19 education classroom, seclusion area, or time-out area is in
212-20 use; and
213-21 (2) store recorded audio files, recorded images, and video for
214-22 not less than sixty (60) days.
215-23 Sec. 3. (a) After July 1, 2025, a parent of a special education
216-24 student who is enrolled in a school corporation may request to
217-25 review any electronic recording that documents an occurrence:
218-26 (1) that resulted in an incident report under
219-27 IC 20-20-40-13(a)(2)(H); or
220-28 (2) that the parent reasonably believes to have negatively
221-29 affected the education or physical or emotional health of the
222-30 parent's special education student.
223-31 A parent of a special education student may not request to review
224-32 an electronic recording under this subsection that does not have a
225-33 direct correlation to an incident concerning the parent's special
226-34 education student as described under subdivision (1) or (2).
227-35 (b) Upon receipt of a request made under subsection (a)(1), a
228-36 school corporation must do the following:
229-37 (1) Immediately preserve any electronic recording that
230-38 documents the incident report, if a recording exists.
231-39 (2) Respond to the requesting parent not later than five (5)
232-40 business days after the parent makes the request to inform the
233-41 parent:
234-42 (A) whether an electronic recording corresponding to the
196+8 Sec. 2. (a) Not later than July 1, 2025, each school corporation
197+9 must have electronic recording equipment in each designated:
198+10 (1) special education classroom where a majority of the
199+11 students have severe disabilities;
200+12 (2) seclusion area; and
201+13 (3) time-out area;
202+14 within the school corporation.
203+15 (b) The electronic recording equipment required by subsection
204+16 (a) must:
205+17 (1) be active and recording whenever the designated special
206+18 education classroom, seclusion area, or time-out area is in
207+19 use; and
208+20 (2) store recorded audio files, recorded images, and video for
209+21 not less than sixty (60) days.
210+22 Sec. 3. (a) After July 1, 2025, a parent of a special education
211+23 student who is enrolled in a school corporation may request to
212+24 review any electronic recording that documents an occurrence:
213+25 (1) that resulted in an incident report under
214+26 IC 20-20-40-13(a)(2)(H); or
215+27 (2) that the parent reasonably believes to have negatively
216+28 affected the education or physical or emotional health of the
217+29 parent's special education student.
218+30 A parent of a special education student may not request to review
219+31 an electronic recording under this subsection that does not have a
220+32 direct correlation to an incident concerning the parent's special
221+33 education student as described under subdivision (1) or (2).
222+34 (b) Upon receipt of a request made under subsection (a)(1), a
223+35 school corporation must do the following:
224+36 (1) Immediately preserve any electronic recording that
225+37 documents the incident report, if a recording exists.
226+38 (2) Respond to the requesting parent not later than five (5)
227+39 business days after the parent makes the request to inform the
228+40 parent:
229+41 (A) whether an electronic recording corresponding to the
230+42 request exists; and
235231 HB 1073—LS 6482/DI 143 6
236-1 request exists; and
237-2 (B) when the parent may review the electronic recording.
238-3 (c) Upon receipt of a request made under subsection (a)(2), a
239-4 school corporation must respond to the requesting parent not later
240-5 than five (5) business days after the parent makes the request to:
241-6 (1) discuss the parent's reasonable belief concerning an
242-7 electronic recording described in subsection (a)(2);
243-8 (2) preserve any electronic recording identified pursuant to
244-9 the discussion described in subdivision (1); and
245-10 (3) inform the parent when the parent may review any
246-11 electronic recording preserved under subdivision (2).
247-12 (d) If:
248-13 (1) a parent makes a request under subsection (a); and
249-14 (2) pursuant to the procedures described in subsections (b)
250-15 and (c) an electronic recording exists;
251-16 a school corporation must allow a requesting parent to review the
252-17 recording.
253-18 Sec. 4 (a) After July 1, 2025:
254-19 (1) a teacher;
255-20 (2) an instructional assistant; or
256-21 (3) another educational professional;
257-22 employed by a school corporation and whose primary
258-23 responsibility is to provide instruction or assistance to students
259-24 with severe disabilities may request to review any electronic record
260-25 described in section 2 of this chapter.
261-26 (b) Upon receipt of a request made under subsection (a), a
262-27 school corporation must immediately preserve any electronic
263-28 recording that may exist and make the recording available to the
264-29 requester within five (5) business days.
232+1 (B) when the parent may review the electronic recording.
233+2 (c) Upon receipt of a request made under subsection (a)(2), a
234+3 school corporation must respond to the requesting parent not later
235+4 than five (5) business days after the parent makes the request to:
236+5 (1) discuss the parent's reasonable belief concerning an
237+6 electronic recording described in subsection (a)(2);
238+7 (2) preserve any electronic recording identified pursuant to
239+8 the discussion described in subdivision (1); and
240+9 (3) inform the parent when the parent may review any
241+10 electronic recording preserved under subdivision (2).
242+11 (d) If:
243+12 (1) a parent makes a request under subsection (a); and
244+13 (2) pursuant to the procedures described in subsections (b)
245+14 and (c) an electronic recording exists;
246+15 a school corporation must allow a requesting parent to review the
247+16 recording.
248+17 Sec. 4 (a) After July 1, 2025:
249+18 (1) a teacher;
250+19 (2) an instructional assistant; or
251+20 (3) another educational professional;
252+21 employed by a school corporation and whose primary
253+22 responsibility is to provide instruction or assistance to students
254+23 with severe disabilities may request to review any electronic record
255+24 described in section 2 of this chapter.
256+25 (b) Upon receipt of a request made under subsection (a), a
257+26 school corporation must immediately preserve any electronic
258+27 recording that may exist and make the recording available to the
259+28 requester within five (5) business days.
265260 HB 1073—LS 6482/DI 143 7
266261 COMMITTEE REPORT
267262 Mr. Speaker: Your Committee on Education, to which was referred
268263 House Bill 1073, has had the same under consideration and begs leave
269264 to report the same back to the House with the recommendation that said
270265 bill be amended as follows:
271266 Page 4, delete lines 36 through 42.
272267 Page 5, delete lines 1 through 20.
273268 Page 5, line 21, delete "IC 20-35-14" and insert "IC 20-35-15".
274269 Page 5, line 24, delete "14." and insert "15.".
275270 Page 5, line 26, delete "video" and insert "audio visual".
276271 Page 5, line 26, delete "of" and insert "of:".
277272 (1) capturing audio for the entirety of a location described in
278273 IC 20-35-15-2; and
279274 (2) recording and storing audio files, digital images, and
280275 video.".
281276 Page 5, delete line 27.
282277 Page 5, delete lines 30 through 33.
283278 Page 5, line 34, delete "(d)" and insert "(c)".
284279 Page 5, line 36, delete "January 1, 2025," and insert "July 1, 2025,".
285280 Page 5, line 39, delete "classroom;" and insert "classroom where
286281 a majority of the students have severe disabilities;".
287282 Page 5, line 40, after "area;" insert "and".
288283 Page 5, delete line 41.
289284 Page 5, line 42, delete "(4)" and insert "(3)".
290285 Page 6, line 5, delete "sensory room,".
291286 Page 6, line 7, delete "images" and insert "audio files, recorded
292287 images,".
293288 Page 6, line 9, delete "January 1, 2025," and insert "July 1, 2025,".
294289 Page 7, after line 3, begin a new paragraph and insert:
295290 "Sec. 4 (a) After July 1, 2025:
296291 (1) a teacher;
297292 (2) an instructional assistant; or
298293 (3) another educational professional;
299294 employed by a school corporation and whose primary
300295 responsibility is to provide instruction or assistance to students
301296 with severe disabilities may request to review any electronic record
302297 described in section 2 of this chapter.
303298 (b) Upon receipt of a request made under subsection (a), a
304299 school corporation must immediately preserve any electronic
305300 recording that may exist and make the recording available to the
306301 requester within five (5) business days.".
307302 HB 1073—LS 6482/DI 143 8
308303 Renumber all SECTIONS consecutively.
309304 and when so amended that said bill do pass.
310305 (Reference is to HB 1073 as introduced.)
311306 BEHNING
312307 Committee Vote: yeas 8, nays 2.
313-_____
314-HOUSE MOTION
315-Mr. Speaker: I move that House Bill 1073 be amended to read as
316-follows:
317-Page 5, line 8, after "2025," insert "subject to available funding,".
318-Renumber all SECTIONS consecutively.
319-(Reference is to HB 1073 as printed January 25, 2024.)
320-CASH
321308 HB 1073—LS 6482/DI 143