*HB1073.2*
Reprinted
January 30, 2024
HOUSE BILL No. 1073
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DIGEST OF HB 1073 (Updated January 29, 2024 2:53 pm - DI 134)
Citations Affected: IC 20-20; IC 20-35.
Synopsis: Special education. Provides that the commission on
seclusion and restraint in schools (commission) must include
eliminating or minimizing the need for use of time-out in its model
restraint and seclusion plan. Requires the commission to meet
biannually (instead of annually, under current law), and requires the
commission to submit a biannual report to the state advisory council on
the education of children with disabilities. Requires school
corporations, subject to available funding, to have electronic recording
equipment in each designated special education classroom, seclusion
area, and time-out area not later than July 1, 2025. Provides that
electronic recording equipment must be active and recording when
certain areas are in use, and that any recorded audio files, images, and
video must be stored for a period of not less than 60 days. Creates a
process by which a parent of a special education student may request
to review certain recordings. Provides that specified individuals
employed by a school corporation may request to review to review
recordings.
Effective: July 1, 2024.
Cash, Haggard, Payne
January 8, 2024, read first time and referred to Committee on Education.
January 25, 2024, amended, reported — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
HB 1073—LS 6482/DI 143 Reprinted
January 30, 2024
Second Regular Session of the 123rd General Assembly (2024)
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 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1073
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-20-40-10, AS ADDED BY P.L.122-2013,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 10. As used in this chapter, "time-out" means a
4 behavior reduction procedure in which access to reinforcement is
5 withdrawn for a certain period of time. Time-out occurs when the
6 ability of a student to receive normal reinforcement in the school
7 environment is restricted. The term does not include a supervised
8 time-out or scheduled break, as described in a student's
9 individualized education program.
10 SECTION 2. IC 20-20-40-12, AS AMENDED BY P.L.43-2021,
11 SECTION 54, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2024]: Sec. 12. (a) The designee of the secretary of education
13 under section 11(b)(1) of this chapter serves as chairperson of the
14 commission.
15 (b) The commission shall meet at least annually biannually on the
16 call of the chairperson, and may meet as often as is necessary. The
17 chairperson shall provide not less than fourteen (14) days notice of a
HB 1073—LS 6482/DI 143 2
1 meeting to the members of the commission and to the public.
2 (c) The affirmative votes of at least five (5) members of the
3 commission are necessary for the commission to take action. The votes
4 of the commission must be recorded.
5 (d) All commission meetings shall be open to the public, and each
6 meeting must include opportunities for public comment.
7 (e) The department shall provide staff support for the commission.
8 SECTION 3. IC 20-20-40-13, AS AMENDED BY P.L.250-2023,
9 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 13. (a) The commission has the following duties:
11 (1) To adopt rules concerning the following:
12 (A) The use of restraint and seclusion in a school corporation
13 or a state accredited nonpublic school, with an emphasis on
14 eliminating or minimizing the use of restraint and seclusion.
15 (B) The prevention of the use of types of restraint or seclusion
16 that may harm a student, a school employee, a school
17 volunteer, or the educational environment of the school.
18 (C) Requirements for notifying parents.
19 (D) Training regarding the use of restraint and seclusion,
20 including the frequency of training and what employees must
21 be trained.
22 (E) The distribution of the seclusion and restraint policy to
23 parents and the public.
24 (F) Requirements for the reporting of incidents of restraint and
25 seclusion in the annual school performance report, including
26 incidents of restraint and seclusion involving school resource
27 officers (as defined in IC 20-26-18.2-1).
28 (G) Circumstances that may require more timely incident
29 reporting and the requirements for such reporting.
30 (2) To develop, maintain, and revise a model restraint and
31 seclusion plan for schools that includes the following elements:
32 (A) A statement on how students will be treated with dignity
33 and respect and how appropriate student behavior will be
34 promoted and taught.
35 (B) A statement ensuring that the school will use prevention,
36 positive behavior intervention and support, and conflict
37 de-escalation to eliminate or minimize the need for use of any
38 of the following:
39 (i) Seclusion.
40 (ii) Chemical restraint.
41 (iii) Mechanical restraint.
42 (iv) Physical restraint.
HB 1073—LS 6482/DI 143 3
1 (v) Time-out.
2 (C) A statement ensuring that any behavioral intervention used
3 will be consistent with the student's most current behavioral
4 intervention plan, or individualized education program, if
5 applicable.
6 (D) Definitions for restraint and seclusion, as defined in this
7 chapter.
8 (E) A statement ensuring that if a procedure listed in clause
9 (B) is used, the procedure will be used:
10 (i) as a last resort safety procedure, employed only after
11 another, less restrictive procedure has been implemented
12 without success; and
13 (ii) in a situation in which there is an imminent risk of injury
14 to the student, other students, school employees, or visitors
15 to the school.
16 (F) An indication that restraint or seclusion may be used only
17 for a short time period, or until the imminent risk of injury has
18 passed.
19 (G) A documentation and recording requirement governing
20 instances in which procedures listed in clause (B) are used,
21 including:
22 (i) how every incident will be documented and debriefed;
23 (ii) how responsibilities will be assigned to designated
24 employees for evaluation and oversight; and
25 (iii) designation of a school employee to be the keeper of
26 such documents.
27 (H) A requirement that the student's parent must be notified as
28 soon as possible when an incident involving the student occurs
29 that includes use of procedures listed in clause (B).
30 (I) A requirement that a copy of an incident report must be
31 sent to the student's parent after the student is subject to a
32 procedure listed in clause (B).
33 (J) Required recurrent training for appropriate school
34 employees on the appropriate use of effective alternatives to
35 physical restraint and seclusion, including the use of positive
36 behavioral intervention and support and conflict de-escalation.
37 The training must include the safe use of physical restraint and
38 seclusion in incidents involving imminent danger or serious
39 harm to the student, school employees, or others.
40 Consideration must be given to available school resources and
41 the time commitments of school employees.
42 (3) To accept and review reports from the public and make
HB 1073—LS 6482/DI 143 4
1 nonbinding recommendations to the department of any suggested
2 action to be taken.
3 (4) To biannually provide a report to the state advisory
4 council on the education of children with disabilities
5 appointed under IC 20-35-3-1 regarding the:
6 (A) execution of the commission's duties under this section;
7 and
8 (B) review of incident reports under section 13.6 of this
9 chapter.
10 (b) The model policy developed by the commission must take into
11 consideration that implementation and reporting requirements for state
12 accredited nonpublic schools may vary, and the model plan must
13 provide state accredited nonpublic schools flexibility with regards to
14 accountability under and implementation of the plan adopted by a state
15 accredited nonpublic school under section 14 of this chapter.
16 (c) The commission will assist the department in enabling training
17 required by this section to be provided after June 30, 2024, through the
18 online platform established or licensed for use under IC 20-19-3-29, if
19 the online platform is established.
20 SECTION 4. IC 20-20-40-13.6, AS ADDED BY P.L.227-2017,
21 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2024]: Sec. 13.6. (a) The department shall biannually review
23 incident reports under rules established by the commission under
24 IC 4-22-2 and submit summary findings to the commission in
25 compliance with the federal Family Educational Rights and Privacy Act
26 (20 U.S.C. 1232g and 34 CFR Part 99).
27 (b) The commission shall biannually review summary findings
28 submitted by the department under subsection (a) and may make
29 nonbinding recommendations to the department or other entities.
30 (c) If the department receives a recommendation from the
31 commission under subsection (b), the department shall provide the
32 commission a response with regard to the commission's
33 recommendation in a manner prescribed by the department within a
34 reasonable time after the department receives the recommendation
35 from the commission.
36 SECTION 5. IC 20-35-15 IS ADDED TO THE INDIANA CODE
37 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]:
39 Chapter 15. Special Education Transparency
40 Sec. 1. (a) As used in this chapter, "electronic recording
41 equipment" means a digital audio visual camera that is capable of:
42 (1) capturing audio for the entirety of a location described in
HB 1073—LS 6482/DI 143 5
1 IC 20-35-15-2; and
2 (2) recording and storing audio files, digital images, and
3 video.
4 (b) As used in this chapter, "seclusion" has the meaning set
5 forth in IC 20-20-40-9.
6 (c) As used in this chapter, "time-out" has the meaning set forth
7 in IC 20-20-40-10.
8 Sec. 2. (a) Not later than July 1, 2025, subject to available
9 funding, each school corporation must have electronic recording
10 equipment in each designated:
11 (1) special education classroom where a majority of the
12 students have severe disabilities;
13 (2) seclusion area; and
14 (3) time-out area;
15 within the school corporation.
16 (b) The electronic recording equipment required by subsection
17 (a) must:
18 (1) be active and recording whenever the designated special
19 education classroom, seclusion area, or time-out area is in
20 use; and
21 (2) store recorded audio files, recorded images, and video for
22 not less than sixty (60) days.
23 Sec. 3. (a) After July 1, 2025, a parent of a special education
24 student who is enrolled in a school corporation may request to
25 review any electronic recording that documents an occurrence:
26 (1) that resulted in an incident report under
27 IC 20-20-40-13(a)(2)(H); or
28 (2) that the parent reasonably believes to have negatively
29 affected the education or physical or emotional health of the
30 parent's special education student.
31 A parent of a special education student may not request to review
32 an electronic recording under this subsection that does not have a
33 direct correlation to an incident concerning the parent's special
34 education student as described under subdivision (1) or (2).
35 (b) Upon receipt of a request made under subsection (a)(1), a
36 school corporation must do the following:
37 (1) Immediately preserve any electronic recording that
38 documents the incident report, if a recording exists.
39 (2) Respond to the requesting parent not later than five (5)
40 business days after the parent makes the request to inform the
41 parent:
42 (A) whether an electronic recording corresponding to the
HB 1073—LS 6482/DI 143 6
1 request exists; and
2 (B) when the parent may review the electronic recording.
3 (c) Upon receipt of a request made under subsection (a)(2), a
4 school corporation must respond to the requesting parent not later
5 than five (5) business days after the parent makes the request to:
6 (1) discuss the parent's reasonable belief concerning an
7 electronic recording described in subsection (a)(2);
8 (2) preserve any electronic recording identified pursuant to
9 the discussion described in subdivision (1); and
10 (3) inform the parent when the parent may review any
11 electronic recording preserved under subdivision (2).
12 (d) If:
13 (1) a parent makes a request under subsection (a); and
14 (2) pursuant to the procedures described in subsections (b)
15 and (c) an electronic recording exists;
16 a school corporation must allow a requesting parent to review the
17 recording.
18 Sec. 4 (a) After July 1, 2025:
19 (1) a teacher;
20 (2) an instructional assistant; or
21 (3) another educational professional;
22 employed by a school corporation and whose primary
23 responsibility is to provide instruction or assistance to students
24 with severe disabilities may request to review any electronic record
25 described in section 2 of this chapter.
26 (b) Upon receipt of a request made under subsection (a), a
27 school corporation must immediately preserve any electronic
28 recording that may exist and make the recording available to the
29 requester within five (5) business days.
HB 1073—LS 6482/DI 143 7
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1073, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 4, delete lines 36 through 42.
Page 5, delete lines 1 through 20.
Page 5, line 21, delete "IC 20-35-14" and insert "IC 20-35-15".
Page 5, line 24, delete "14." and insert "15.".
Page 5, line 26, delete "video" and insert "audio visual".
Page 5, line 26, delete "of" and insert "of:".
(1) capturing audio for the entirety of a location described in
IC 20-35-15-2; and
(2) recording and storing audio files, digital images, and
video.".
Page 5, delete line 27.
Page 5, delete lines 30 through 33.
Page 5, line 34, delete "(d)" and insert "(c)".
Page 5, line 36, delete "January 1, 2025," and insert "July 1, 2025,".
Page 5, line 39, delete "classroom;" and insert "classroom where
a majority of the students have severe disabilities;".
Page 5, line 40, after "area;" insert "and".
Page 5, delete line 41.
Page 5, line 42, delete "(4)" and insert "(3)".
Page 6, line 5, delete "sensory room,".
Page 6, line 7, delete "images" and insert "audio files, recorded
images,".
Page 6, line 9, delete "January 1, 2025," and insert "July 1, 2025,".
Page 7, after line 3, begin a new paragraph and insert:
"Sec. 4 (a) After July 1, 2025:
(1) a teacher;
(2) an instructional assistant; or
(3) another educational professional;
employed by a school corporation and whose primary
responsibility is to provide instruction or assistance to students
with severe disabilities may request to review any electronic record
described in section 2 of this chapter.
(b) Upon receipt of a request made under subsection (a), a
school corporation must immediately preserve any electronic
recording that may exist and make the recording available to the
requester within five (5) business days.".
HB 1073—LS 6482/DI 143 8
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1073 as introduced.)
BEHNING
Committee Vote: yeas 8, nays 2.
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HOUSE MOTION
Mr. Speaker: I move that House Bill 1073 be amended to read as
follows:
Page 5, line 8, after "2025," insert "subject to available funding,".
Renumber all SECTIONS consecutively.
(Reference is to HB 1073 as printed January 25, 2024.)
CASH
HB 1073—LS 6482/DI 143