Indiana 2024 Regular Session

Indiana House Bill HB1219 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1219
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 10-21-1-14; IC 20-19-3; IC 20-20-50;
77 IC 20-25; IC 20-26; IC 20-28; IC 20-29; IC 20-30; IC 20-31;
88 IC 20-32-4-14; IC 20-33-2-19; IC 20-36-2-1; IC 20-43.
99 Synopsis: Various education matters. Establishes the mastery based
1010 education pilot program (pilot program) to allow school corporations
1111 and charter schools selected by the department of education
1212 (department) to implement a mastery based education program.
1313 Establishes requirements and exemptions to certain laws and rules for
1414 schools participating in the pilot program. Changes the date by which
1515 formal collective bargaining may begin to October 1 and amends
1616 similar date requirement under the collective bargaining provisions to
1717 October 1. Establishes minimum minute instructional time
1818 requirements for each school year. Amends the instructional day and
1919 instructional time hour requirements for each instructional day.
2020 Provides that a governing body of a school corporation (governing
2121 body) may not enter into a contract with a superintendent on or after
2222 the date of the election for two or more members of the governing body
2323 (instead of one member) until January 1 of the year immediately
2424 following the year of the election. Establishes a minimum number of
2525 students that may receive an alternate diploma that may be counted for
2626 purposes of a school's or school corporation's graduation rate. Requires
2727 schools to adopt a teacher appreciation grant policy every four state
2828 fiscal years instead of every state fiscal year. Repeals or removes
2929 provisions that require: (1) a governing body to hold a public meeting
3030 on a proposed superintendent contract; (2) a governing body to post an
3131 employment contract entered into with a superintendent on the school
3232 corporation's website; (3) public schools to provide information
3333 concerning employees who are physically injured on the job by a
3434 student; (4) principals and school corporations to report aggregate
3535 (Continued next page)
3636 Effective: July 1, 2024.
3737 Teshka, Lehman, Steuerwald
3838 January 9, 2024, read first time and referred to Committee on Education.
3939 2024 IN 1219—LS 6836/DI 110 Digest Continued
4040 results of staff performance evaluations; (5) principals to complete a
4141 survey; (6) certain teachers to complete a form after the initial year of
4242 teaching at a particular school; (7) the department to report to each
4343 teacher preparation program regarding certain surveys and evaluations;
4444 and (8) a public hearing before privately negotiating matters during the
4545 formal collective bargaining time period. Repeals provisions
4646 concerning the following: (1) Strategic and continuous school
4747 improvement and achievement plans. (2) Cultural competency in
4848 educational environments. (3) The primetime program.
4949 2024 IN 1219—LS 6836/DI 1102024 IN 1219—LS 6836/DI 110 Introduced
5050 Second Regular Session of the 123rd General Assembly (2024)
5151 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
5252 Constitution) is being amended, the text of the existing provision will appear in this style type,
5353 additions will appear in this style type, and deletions will appear in this style type.
5454 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
5555 provision adopted), the text of the new provision will appear in this style type. Also, the
5656 word NEW will appear in that style type in the introductory clause of each SECTION that adds
5757 a new provision to the Indiana Code or the Indiana Constitution.
5858 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
5959 between statutes enacted by the 2023 Regular Session of the General Assembly.
6060 HOUSE BILL No. 1219
6161 A BILL FOR AN ACT to amend the Indiana Code concerning
6262 education.
6363 Be it enacted by the General Assembly of the State of Indiana:
6464 1 SECTION 1. IC 10-21-1-14, AS ADDED BY P.L.150-2023,
6565 2 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6666 3 JULY 1, 2024]: Sec. 14. (a) Each school operated by a school
6767 4 corporation shall establish a safe school committee. The committee
6868 5 may be a subcommittee of the committee that develops the strategic
6969 6 and continuous school improvement and achievement plan under
7070 7 IC 20-31-5. Each committee may include at least one (1) member who
7171 8 is a member of the support staff of the school or school corporation
7272 9 career and technical education school.
7373 10 (b) Each school operated by a charter school shall establish a safe
7474 11 school committee. A charter school in operation on July 1, 2023, shall
7575 12 comply with this subsection not later than July 1, 2024.
7676 13 (c) The safe school committee shall actively participate in and assist
7777 14 with the development of the school safety plan.
7878 15 (d) The department of education, the school corporation's or charter
7979 2024 IN 1219—LS 6836/DI 110 2
8080 1 school's school safety specialist or specialists, and a school resource
8181 2 officer, if one (1) is employed by the school corporation or charter
8282 3 school, shall provide materials and guidelines to assist a safe school
8383 4 committee in developing a policy for a particular school that addresses
8484 5 the following issues:
8585 6 (1) Implementation of the school safety plan.
8686 7 (2) Addressing outside and internal threats to the physical safety
8787 8 of students, faculty, staff, and the public, including unsafe
8888 9 conditions, crime prevention, school violence, bullying and
8989 10 cyberbullying, criminal organization activity, child abuse and
9090 11 child sexual abuse, mental health and behavioral health, suicide
9191 12 awareness and prevention, and other issues that prevent the
9292 13 maintenance of a safe school.
9393 14 (3) Addressing the professional development needs for faculty
9494 15 and staff to implement methods that decrease problems identified
9595 16 under subdivision (2).
9696 17 (4) Identifying and implementing methods to encourage:
9797 18 (A) involvement by the community, families, and students;
9898 19 (B) development of relationships between students and school
9999 20 faculty and staff; and
100100 21 (C) use of problem solving teams.
101101 22 (e) The guidelines developed under subsection (d) must include age
102102 23 appropriate, research based information that assists school corporations
103103 24 or charter schools and safe school committees in:
104104 25 (1) developing and implementing bullying and cyberbullying
105105 26 prevention programs;
106106 27 (2) establishing investigation and reporting procedures related to
107107 28 bullying and cyberbullying; and
108108 29 (3) adopting discipline rules that comply with IC 20-33-8-13.5.
109109 30 (f) In addition to developing guidelines under subsection (d), the
110110 31 department of education shall establish categories of types of bullying
111111 32 incidents to allow school corporations to use the categories in making
112112 33 reports under IC 20-20-8-8 and IC 20-34-6-1.
113113 34 (g) The materials and guidelines provided under subsection (d) must
114114 35 include the model educational materials and model response policies
115115 36 and reporting procedures on child abuse and child sexual abuse
116116 37 developed or identified under IC 20-19-3-11.
117117 38 SECTION 2. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015,
118118 39 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
119119 40 JULY 1, 2024]: Sec. 12.2. (a) The department shall make reduction of
120120 41 absenteeism in schools a policy priority and provide assistance and
121121 42 guidance to school corporations and schools in:
122122 2024 IN 1219—LS 6836/DI 110 3
123123 1 (1) identifying contributing factors of absenteeism; and
124124 2 (2) developing chronic absence reduction plans. that school
125125 3 corporations may elect to include as a component of the school
126126 4 improvement plans required under IC 20-31-5.
127127 5 (b) The department shall provide resources and guidance to school
128128 6 corporations concerning evidence based practices and effective
129129 7 strategies that reduce absenteeism in schools. However, the department
130130 8 may not mandate a particular policy within a chronic absence reduction
131131 9 plan adopted by a school corporation or school.
132132 10 SECTION 3. IC 20-19-3-27.5 IS REPEALED [EFFECTIVE JULY
133133 11 1, 2024]. Sec. 27.5. The department shall establish and maintain on the
134134 12 department's website a public data base of information provided by
135135 13 each public school in accordance with IC 20-26-5-42 concerning
136136 14 employees of each public school who were physically injured while on
137137 15 the job by students of the public school.
138138 16 SECTION 4. IC 20-20-50 IS ADDED TO THE INDIANA CODE
139139 17 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
140140 18 JULY 1, 2024]:
141141 19 Chapter 50. Mastery Based Education Pilot Program
142142 20 Sec. 1. As used in this chapter, "dedicated lead partner" means
143143 21 an experienced and specialized individual or entity that provides
144144 22 assistance in implementing mastery based education in a school.
145145 23 Sec. 2. As used in this chapter, "mastery" means evidenced
146146 24 attainment of predefined, rigorous learning objectives that:
147147 25 (1) are transferable; and
148148 26 (2) qualify a student for advancement to subsequent
149149 27 educational levels or competencies.
150150 28 Sec. 3. As used in this chapter, "mastery based education"
151151 29 means an innovative, learner centered approach to teaching and
152152 30 learning that focuses on the mastery of specific skills or knowledge
153153 31 areas rather than the amount of time spent in a classroom.
154154 32 Sec. 4. As used in this chapter, "pilot program" refers to the
155155 33 mastery based education pilot program established by section 5 of
156156 34 this chapter.
157157 35 Sec. 5. (a) The mastery based education pilot program is
158158 36 established to allow a school corporation or charter school that is
159159 37 selected by the department under subsection (b) to implement a
160160 38 mastery based education program in:
161161 39 (1) one (1) or more schools maintained by the school
162162 40 corporation; or
163163 41 (2) the charter school.
164164 42 (b) The department shall:
165165 2024 IN 1219—LS 6836/DI 110 4
166166 1 (1) administer the pilot program; and
167167 2 (2) select:
168168 3 (A) school corporations;
169169 4 (B) charter schools; or
170170 5 (C) both, school corporations and charter schools;
171171 6 that meet the requirements under section 6 of this chapter to
172172 7 participate in the pilot program.
173173 8 Sec. 6. (a) To apply for participation in the pilot program, a
174174 9 school corporation or charter school must, not later than May 1,
175175 10 2025, do the following:
176176 11 (1) Apply on a form and in a manner established by the
177177 12 department.
178178 13 (2) Submit to the department a plan for the establishment and
179179 14 implementation of a mastery based education program in the
180180 15 school corporation or charter school that meets the
181181 16 requirements of sections 7 and 8 of this chapter.
182182 17 (b) The department shall, not later than July 31, 2025, approve
183183 18 or deny a plan submitted by a school corporation or charter school
184184 19 under this section.
185185 20 Sec. 7. (a) A school corporation or charter school must do the
186186 21 following to participate in the pilot program:
187187 22 (1) Implement the mastery based education program at:
188188 23 (A) one (1) or more schools maintained by the school
189189 24 corporation; or
190190 25 (B) the charter school;
191191 26 throughout at least one (1) school year.
192192 27 (2) Contract with a dedicated lead partner approved by the
193193 28 state board under section 13 of this chapter to implement the
194194 29 plan submitted by the school corporation or charter school
195195 30 under section 6(a) of this chapter.
196196 31 (b) A school corporation or charter school may phase in
197197 32 implementation of a mastery based education program over a four
198198 33 (4) year period.
199199 34 Sec. 8. A mastery based education program implemented by a
200200 35 school corporation or charter school under this chapter must meet
201201 36 the following requirements:
202202 37 (1) A student participating in the mastery based education
203203 38 program must:
204204 39 (A) advance based upon mastery of the subject matter and
205205 40 not based on time in a classroom;
206206 41 (B) receive timely, differentiated support based on the
207207 42 student's individual learning needs; and
208208 2024 IN 1219—LS 6836/DI 110 5
209209 1 (C) be empowered daily to make important decisions
210210 2 about:
211211 3 (i) the student's learning experiences and learning
212212 4 environment;
213213 5 (ii) how the student will create and apply knowledge; and
214214 6 (iii) how the student will demonstrate learning.
215215 7 (2) Standards in the mastery based education program must
216216 8 be broken down into masteries that include rigorous, clear,
217217 9 measurable, and transferable learning objectives that
218218 10 empower students.
219219 11 (3) Assessments administered under the mastery based
220220 12 education program must focus on evaluating skills and not on
221221 13 memorization.
222222 14 (4) Learning outcomes for the mastery based education
223223 15 program must emphasize masteries that include:
224224 16 (A) application and creation of knowledge; and
225225 17 (B) the development of work ready skills.
226226 18 (5) Include in the culture, structure, and pedagogy of the
227227 19 mastery based education program strategies to ensure fair
228228 20 and impartial learning for all students.
229229 21 Sec. 9. A school maintained by a school corporation or charter
230230 22 school participating in the pilot program shall do the following in
231231 23 implementing a mastery based education program:
232232 24 (1) Establish partnerships with postsecondary educational
233233 25 institutions, community organizations, and employers.
234234 26 (2) For the purposes of curriculum development in grades 10
235235 27 through 12, contract with employers in the school
236236 28 corporation's or charter school's community to ensure
237237 29 standards of learning in the mastery based education
238238 30 program are relevant with regard to current workforce
239239 31 demands.
240240 32 (3) Admit all students who are attending a school maintained
241241 33 by a school corporation or charter school that is participating
242242 34 in the pilot program to the mastery based education program
243243 35 regardless of a student's learning needs, race, gender, sex, and
244244 36 ethnicity.
245245 37 Sec. 10. (a) Notwithstanding any other state law, the:
246246 38 (1) governing body of a school corporation; or
247247 39 (2) equivalent authority for a charter school;
248248 40 that participates in the pilot program may approve organizations
249249 41 to provide credit or learning experiences for alternative programs
250250 42 at schools participating in the pilot program in which a student
251251 2024 IN 1219—LS 6836/DI 110 6
252252 1 obtains credit counting toward the student's graduation
253253 2 requirements from a nonschool educational experience that applies
254254 3 or incorporates content area knowledge in lieu of a required or
255255 4 elective course in the Core 40 curriculum model adopted under
256256 5 IC 20-30-10.
257257 6 (b) If a student:
258258 7 (1) obtains a credit described in subsection (a); and
259259 8 (2) subsequently transfers to another school corporation or
260260 9 charter school in Indiana;
261261 10 the school corporation or charter school to which the student
262262 11 transfers shall count the credit that was approved under subsection
263263 12 (a) by a previous school corporation or charter school that the
264264 13 student attended toward the student's graduation requirements.
265265 14 Sec. 11. (a) The department, in consultation with approved
266266 15 dedicated lead partners and school corporations and charter
267267 16 schools participating in the pilot program, shall do the following:
268268 17 (1) Establish common masteries that must be used by each
269269 18 school participating in the pilot program.
270270 19 (2) Review annually the masteries established under
271271 20 subdivision (1) and, as applicable, do the following:
272272 21 (A) Amend or remove masteries.
273273 22 (B) Establish new common masteries.
274274 23 (3) Create criteria for masteries that are, when applicable,
275275 24 transferable among different subject areas and courses to
276276 25 ensure that a mastery can satisfy multiple requirements.
277277 26 (b) The department may request information from a school
278278 27 corporation or charter school participating in the pilot program
279279 28 for the purpose of assessing the effectiveness of the pilot program.
280280 29 Sec. 12. (a) Except as provided under subsection (b), if the
281281 30 department requests information from a school corporation or
282282 31 charter school under section 11(b) of this chapter, the school
283283 32 corporation or charter school shall provide the information not
284284 33 later than twenty-eight (28) business days after the date the
285285 34 department makes the request.
286286 35 (b) If a school corporation or charter school is unable to provide
287287 36 the information in the time period established under subsection (a),
288288 37 the school corporation or charter school shall provide the
289289 38 information by a date established by the department.
290290 39 Sec. 13. The department shall do the following:
291291 40 (1) Approve dedicated lead partners that a school corporation
292292 41 or charter schools participating in the pilot program may
293293 42 contract with in accordance with this chapter.
294294 2024 IN 1219—LS 6836/DI 110 7
295295 1 (2) Create and maintain a list of the approved dedicated lead
296296 2 partners on the state board's website.
297297 3 Sec. 14. The commission for higher education shall work with
298298 4 school corporations and charter schools participating in the pilot
299299 5 program and the applicable dedicated lead partners to ensure that:
300300 6 (1) credits earned through the pilot program are included on
301301 7 the student's high school transcript; and
302302 8 (2) a student enrolled in the pilot program has access to early
303303 9 college credit.
304304 10 Sec. 15. A school maintained by a school corporation or charter
305305 11 school that participates in the pilot program:
306306 12 (1) is exempt from all requirements of this title except for
307307 13 requirements under this chapter or requirements established
308308 14 under federal law; and
309309 15 (2) may not award graduation waivers under IC 20-32-3 or
310310 16 IC 20-32-5.1.
311311 17 Sec. 16. (a) Each dedicated lead partner shall, for each school
312312 18 corporation or charter school with which the dedicated lead
313313 19 partner contracts to implement a mastery based education
314314 20 program under this chapter, annually prepare and submit a report
315315 21 to the department and state board, by a date established by the
316316 22 department, that provides an overview of the mastery based
317317 23 education program and the implementation of the master based
318318 24 education program in the school corporation or charter school.
319319 25 (b) Not later than November 1, 2025, and not later than
320320 26 November 1 each year thereafter, the department shall:
321321 27 (1) compile and prepare a report that includes the
322322 28 information provided in the reports submitted under
323323 29 subsection (a); and
324324 30 (2) submit the report to the legislative council in an electronic
325325 31 format under IC 5-14-6.
326326 32 Sec. 17. (a) The mastery based education pilot program fund is
327327 33 established for the purpose of providing funds for the planning and
328328 34 development costs for the pilot program.
329329 35 (b) The department shall administer the fund.
330330 36 (c) The fund consists of the following:
331331 37 (1) Appropriations by the general assembly.
332332 38 (2) Interest deposited in the fund under subsection (d).
333333 39 (d) The treasurer of state shall invest money in the fund not
334334 40 currently needed to meet the obligations of the fund in the same
335335 41 manner as other public money may be invested. Interest that
336336 42 accrues from these investments shall be deposited in the fund.
337337 2024 IN 1219—LS 6836/DI 110 8
338338 1 (e) Money in the fund at the end of a state fiscal year does not
339339 2 revert to the state general fund.
340340 3 Sec. 18. The state board may adopt rules under IC 4-22-2
341341 4 necessary to implement this chapter.
342342 5 SECTION 5. IC 20-25-10-1, AS AMENDED BY P.L.211-2021,
343343 6 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
344344 7 JULY 1, 2024]: Sec. 1. (a) The board shall modify, develop, and
345345 8 implement a plan for the improvement of student achievement in the
346346 9 schools in the school city.
347347 10 (b) A plan modified, developed, and implemented under this chapter
348348 11 must be consistent with this article and with IC 20-31-1, IC 20-31-2,
349349 12 IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10.
350350 13 SECTION 6. IC 20-25-10-3, AS AMENDED BY P.L.211-2021,
351351 14 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
352352 15 JULY 1, 2024]: Sec. 3. The board shall:
353353 16 (1) modify, develop, and publish the plan required under this
354354 17 chapter; and
355355 18 (2) implement the modified plan;
356356 19 in compliance with the timelines of IC 20-31-1, IC 20-31-5,
357357 20 IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10.
358358 21 SECTION 7. IC 20-25-10-5, AS AMENDED BY P.L.211-2021,
359359 22 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
360360 23 JULY 1, 2024]: Sec. 5. (a) The board shall annually assess and evaluate
361361 24 educational programs offered by the school city to determine:
362362 25 (1) the relationship of the programs to improved student
363363 26 achievement; and
364364 27 (2) the educational value of the programs in relation to cost.
365365 28 (b) The board may obtain information from:
366366 29 (1) educators in the schools offering a program;
367367 30 (2) students participating in a program; and
368368 31 (3) the parents of students participating in a program;
369369 32 in preparing an assessment and evaluation under this section. The
370370 33 assessment must include the performance of the school's students in
371371 34 achieving student performance improvement levels under IC 20-31-1,
372372 35 IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-10, and IC 20-25-11.
373373 36 SECTION 8. IC 20-25-11-1, AS AMENDED BY P.L.211-2021,
374374 37 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
375375 38 JULY 1, 2024]: Sec. 1. The board shall establish annual student
376376 39 performance improvement levels for each school that are not less
377377 40 rigorous than the student performance improvement levels under
378378 41 IC 20-31-1, IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10,
379379 42 including the following:
380380 2024 IN 1219—LS 6836/DI 110 9
381381 1 (1) For students:
382382 2 (A) improvement in results on assessment tests and assessment
383383 3 programs;
384384 4 (B) improvement in attendance rates; and
385385 5 (C) improvement in progress toward graduation.
386386 6 (2) For teachers:
387387 7 (A) improvement in student results on assessment tests and
388388 8 assessment programs;
389389 9 (B) improvement in the number and percentage of students
390390 10 achieving:
391391 11 (i) state achievement standards; and
392392 12 (ii) if applicable, performance levels set by the board;
393393 13 on assessment tests;
394394 14 (C) improvement in student progress toward graduation;
395395 15 (D) improvement in student attendance rates for the school
396396 16 year;
397397 17 (E) improvement in individual teacher attendance rates;
398398 18 (F) improvement in:
399399 19 (i) communication with parents; and
400400 20 (ii) parental involvement in classroom and extracurricular
401401 21 activities; and
402402 22 (G) other objectives developed by the board.
403403 23 (3) For the school and school administrators:
404404 24 (A) improvement in student results on assessment tests, totaled
405405 25 by class and grade;
406406 26 (B) improvement in the number and percentage of students
407407 27 achieving:
408408 28 (i) state achievement standards; and
409409 29 (ii) if applicable, performance levels set by the board;
410410 30 on assessment tests, totaled by class and grade;
411411 31 (C) improvement in:
412412 32 (i) student graduation rates; and
413413 33 (ii) progress toward graduation;
414414 34 (D) improvement in student attendance rates;
415415 35 (E) management of:
416416 36 (i) education fund expenditures;
417417 37 (ii) operations fund expenditures; and
418418 38 (iii) total expenditures;
419419 39 per student;
420420 40 (F) improvement in teacher attendance rates; and
421421 41 (G) other objectives developed by the board.
422422 42 SECTION 9. IC 20-25-12-1, AS AMENDED BY P.L.211-2021,
423423 2024 IN 1219—LS 6836/DI 110 10
424424 1 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
425425 2 JULY 1, 2024]: Sec. 1. (a) IC 20-31-1, IC 20-31-2, IC 20-31-5,
426426 3 IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10 apply to the
427427 4 school city. The composition of a local school improvement committee
428428 5 is determined under IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6,
429429 6 IC 20-31-7, IC 20-31-8, and IC 20-31-10.
430430 7 (b) The plan developed and implemented by the board under
431431 8 IC 20-25-10 must contain general guidelines for decisions by the
432432 9 educators in each school to improve student achievement in the school.
433433 10 (c) The board's plan shall provide for the publication to other
434434 11 schools in the school city and to the general community those:
435435 12 (1) processes;
436436 13 (2) innovations; and
437437 14 (3) approaches;
438438 15 that have led individual schools to significant improvement in student
439439 16 achievement.
440440 17 SECTION 10. IC 20-25-13-7, AS AMENDED BY P.L.211-2021,
441441 18 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
442442 19 JULY 1, 2024]: Sec. 7. IC 20-28-6-4 and IC 20-28-6-5 apply to
443443 20 certificated employees in the school city. A teacher's students'
444444 21 performance improvement levels under the assessment tests and
445445 22 programs of IC 20-31-1, IC 20-31-5, IC 20-31-6, IC 20-31-7,
446446 23 IC 20-31-8, and IC 20-31-10 may be used as a factor, but not the only
447447 24 factor, to evaluate the performance of a teacher in the school city.
448448 25 SECTION 11. IC 20-26-5-4.3 IS REPEALED [EFFECTIVE JULY
449449 26 1, 2024]. Sec. 4.3. (a) At least seven (7) days before a contract for
450450 27 employment is entered into by a governing body and a school
451451 28 superintendent, the governing body shall hold a public meeting on the
452452 29 proposed contract at which public comment is heard. The governing
453453 30 body is not required to disclose the identity of the candidate for
454454 31 superintendent at the public meeting.
455455 32 (b) Notice of the meeting on the proposed contract shall be given in
456456 33 accordance with IC 5-3-1 and posted on the school corporation's
457457 34 Internet web site.
458458 35 (c) The notice provided in subsection (b) must:
459459 36 (1) state that on a given day, time, and place the governing body
460460 37 will meet to discuss and hear objections to and support for the
461461 38 proposed contract; and
462462 39 (2) set forth the details of the proposed contract, including the
463463 40 actual monetary value of the contract, benefits, and any additional
464464 41 forms of compensation for each year of the contract.
465465 42 (d) A governing body shall post the provisions of an employment
466466 2024 IN 1219—LS 6836/DI 110 11
467467 1 contract that the governing body enters into with a superintendent of
468468 2 the school corporation on the school corporation's Internet web site.
469469 3 SECTION 12. IC 20-26-5-42 IS REPEALED [EFFECTIVE JULY
470470 4 1, 2024]. Sec. 42. (a) This section applies to the following:
471471 5 (1) A public school, including a charter school.
472472 6 (2) Physical injuries that occur after June 30, 2023.
473473 7 (b) Each public school shall provide to the department, in a manner
474474 8 prescribed by the department, information concerning an employee of
475475 9 the public school who was physically injured while on the job by a
476476 10 student of the public school if the injury:
477477 11 (1) is required to be reported to the public school's worker's
478478 12 compensation carrier;
479479 13 (2) causes the employee to miss all or part of one (1) or more
480480 14 work days; or
481481 15 (3) is required to be reported to the public school pursuant to the
482482 16 public school's reporting policy.
483483 17 (c) A public school may not provide information under subsection
484484 18 (b) that identifies the employee or the student.
485485 19 (d) Nothing in this section shall be construed to prohibit a public
486486 20 school from providing identifying information otherwise required by
487487 21 law or rule.
488488 22 SECTION 13. IC 20-26-11-11.5, AS AMENDED BY P.L.108-2019,
489489 23 SECTION 213, IS AMENDED TO READ AS FOLLOWS
490490 24 [EFFECTIVE JULY 1, 2024]: Sec. 11.5. (a) The following definitions
491491 25 apply to this section:
492492 26 (1) "ADM" means average daily membership (as defined in
493493 27 IC 20-18-2-2).
494494 28 (2) "Facility" means a secure private facility described in
495495 29 IC 31-9-2-115(a)(1).
496496 30 (3) "School corporation" means the Indiana school or charter
497497 31 school that is receiving state tuition support for the student at the
498498 32 time of the student's admission to the facility.
499499 33 (4) "Student" means an individual who:
500500 34 (A) is more than five (5) years of age and less than
501501 35 twenty-three (23) years of age;
502502 36 (B) has been admitted to a facility; and
503503 37 (C) was enrolled in a school corporation during the school year
504504 38 immediately preceding the student's admission to the facility.
505505 39 (b) This section applies to a student if:
506506 40 (1) the student is placed in a facility under the written order of a
507507 41 physician licensed under IC 25-22.5;
508508 42 (2) the written order of the physician licensed under IC 25-22.5
509509 2024 IN 1219—LS 6836/DI 110 12
510510 1 is based on medical necessity, as determined by a physician
511511 2 licensed under IC 25-22.5; and
512512 3 (3) the student receives educational services provided by the
513513 4 facility.
514514 5 (c) A facility shall provide written notice to the school corporation
515515 6 not later than five (5) business days (excluding weekends and holidays)
516516 7 after a student described in subsection (b) is admitted to the facility.
517517 8 The written notice must include the following:
518518 9 (1) The student's name, address, and date of birth.
519519 10 (2) The date on which the student was admitted to the facility.
520520 11 (3) A copy of the physician's written order.
521521 12 (4) A statement that the student has opted out of attending school
522522 13 under IC 20-26-11-8. section 8 of this chapter.
523523 14 (5) A statement that the facility will provide all educational
524524 15 services to the student during the student's admission in the
525525 16 facility.
526526 17 (d) The school corporation shall pay the facility a daily per diem as
527527 18 determined under subsection (e) for the educational services provided
528528 19 by the facility to the student during the student's admission in the
529529 20 facility. The school corporation may not be required to pay for any
530530 21 educational services provided to the student by the facility exceeding
531531 22 one hundred eighty (180) the minutes of instructional days time
532532 23 required under IC 20-30-2 or an amount exceeding the student's
533533 24 proportionate share of state distributions paid to the school corporation,
534534 25 as determined under subsection (e).
535535 26 (e) A school corporation shall pay to the facility an amount, prorated
536536 27 according to the number amount of instructional days time for which
537537 28 the student receives the educational services, equal to:
538538 29 (1) the student's proportionate share (as compared to the school
539539 30 corporation's total ADM) of basic tuition support (as determined
540540 31 under IC 20-43-6-3) distributions that are made to the school
541541 32 corporation for the school year; and
542542 33 (2) any special education grants received by the school
543543 34 corporation for the student under IC 20-43-7.
544544 35 Upon request of a facility, the department shall verify the amounts
545545 36 described in this subsection for a student admitted to the facility.
546546 37 (f) A school corporation responsible for making a per diem payment
547547 38 under this section shall pay the facility not later than sixty (60) days
548548 39 after receiving an invoice from the facility. The school corporation and
549549 40 the facility are entitled to the same remedies for disagreements over
550550 41 amounts or nonpayment of an amount due as are provided under the
551551 42 laws governing transfer tuition.
552552 2024 IN 1219—LS 6836/DI 110 13
553553 1 (g) For each student admitted to a facility, the facility shall provide
554554 2 the following in accordance with rules adopted by the state board:
555555 3 (1) An educational opportunity, including special education and
556556 4 related services, that is comparable to that of a student attending
557557 5 a school in the school corporation.
558558 6 (2) A level of educational services from the facility that is
559559 7 comparable to that of a student attending a school in the school
560560 8 corporation.
561561 9 (3) Unless otherwise provided in a student's individualized
562562 10 education program (as defined in IC 20-18-2-9), educational
563563 11 services that include at least the following:
564564 12 (A) An instructional day that meets the requirements of
565565 13 IC 20-30-2-2.
566566 14 (B) (A) A school year with at least one hundred eighty (180)
567567 15 student instructional days as provided that meets the
568568 16 instructional time and instruction day requirements under
569569 17 IC 20-30-2-3. IC 20-30-2.
570570 18 (C) (B) Educationally appropriate textbooks and other
571571 19 materials.
572572 20 (D) (C) Educational services provided by licensed teachers.
573573 21 (h) The state board shall adopt a rule that addresses the
574574 22 responsibilities of the school corporation and the facility with regard to
575575 23 a student with an individualized education program.
576576 24 (i) This section does not limit a student's right to attend a school as
577577 25 provided in IC 20-26-11-8. section 8 of this chapter.
578578 26 (j) The state board shall adopt rules under IC 4-22-2 as necessary to
579579 27 implement this section.
580580 28 (k) The state board may adopt emergency rules in the manner
581581 29 provided in IC 4-22-2-37.1 to implement this section.
582582 30 SECTION 14. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
583583 31 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
584584 32 JULY 1, 2024]: Sec. 6. (a) A contract entered into by a governing body
585585 33 and its superintendent is subject to the following conditions:
586586 34 (1) If the superintendent holds a license under IC 20-28-5, the
587587 35 basic contract must be in the form of the regular teacher's
588588 36 contract.
589589 37 (2) The contract may be altered or rescinded for a new one at any
590590 38 time by mutual consent of the governing body and the
591591 39 superintendent. The consent of both parties must be in writing and
592592 40 must be expressed in a manner consistent with this section and
593593 41 section 7 of this chapter.
594594 42 (3) If the superintendent holds a license under IC 20-28-5, the
595595 2024 IN 1219—LS 6836/DI 110 14
596596 1 rights of a superintendent as a teacher under any other law are not
597597 2 affected by the contract. However, if a right of a superintendent
598598 3 as a teacher under any other law conflicts with the conditions
599599 4 under subsection (b), subsection (b) governs.
600600 5 (4) For a contract entered into or renewed after June 30, 2017, the
601601 6 conditions set forth under subsection (b).
602602 7 (b) This subsection applies to contracts entered into or renewed after
603603 8 June 30, 2017. A contract entered into by a governing body and its
604604 9 superintendent is subject to the following conditions:
605605 10 (1) The contract must be for a term of at least one (1) year and not
606606 11 more than three (3) years. However, a contract may be extended
607607 12 for not more than an additional five (5) years beyond the term of
608608 13 the original contract.
609609 14 (2) If the contract contains a provision that establishes an amount
610610 15 the governing body must pay to the superintendent to buy out the
611611 16 contract, the amount may not be more than an amount equal to the
612612 17 lesser of:
613613 18 (A) the superintendent's salary for any one (1) year under the
614614 19 contract; or
615615 20 (B) two hundred fifty thousand dollars ($250,000).
616616 21 A superintendent's salary under clause (A) does not include
617617 22 benefits or any other forms of compensation that the
618618 23 superintendent receives as payment under the contract other than
619619 24 the superintendent's salary.
620620 25 (c) This subsection applies to a governing body in which at least one
621621 26 (1) member is two (2) members are elected. After June 30, 2021,
622622 27 2024, a governing body may not enter into a contract with a
623623 28 superintendent under this section on or after the date of the election for
624624 29 one (1) two (2) or more members of the governing body until January
625625 30 1 of the year immediately following the year of the election. However,
626626 31 this subsection does not apply if the membership of the governing body
627627 32 does not change as a result of the particular election.
628628 33 SECTION 15. IC 20-28-9-15, AS ADDED BY P.L.1-2005,
629629 34 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630630 35 JULY 1, 2024]: Sec. 15. If during the term of the teacher's contract:
631631 36 (1) the school is closed by order of the:
632632 37 (A) school corporation; or
633633 38 (B) health authorities; or
634634 39 (2) school cannot be conducted through no fault of the teacher;
635635 40 the teacher shall receive regular payments during that time. If a
636636 41 canceled student instructional day (as defined described in
637637 42 IC 20-30-2-2) is rescheduled to comply with IC 20-30-2, each teacher
638638 2024 IN 1219—LS 6836/DI 110 15
639639 1 and (notwithstanding IC 20-27-8-7) each school bus driver shall work
640640 2 on that rescheduled day without additional compensation.
641641 3 SECTION 16. IC 20-28-11.5-9 IS REPEALED [EFFECTIVE JULY
642642 4 1, 2024]. Sec. 9. (a) The principal of a school in a school corporation
643643 5 shall report in the aggregate the results of staff performance evaluations
644644 6 for the school for the previous school year to the superintendent and the
645645 7 governing body for the school corporation before August 15 of each
646646 8 year on the schedule determined by the governing body. The report
647647 9 must be presented in a public meeting of the governing body. Before
648648 10 presentation to the governing body, the superintendent of the school
649649 11 corporation shall discuss the report of completed evaluations with the
650650 12 teachers. This discussion is not subject to the open door law (IC
651651 13 5-14-1.5). The report of completed evaluations is not subject to
652652 14 bargaining.
653653 15 (b) A school corporation annually shall provide the disaggregated
654654 16 results of staff performance evaluations by teacher identification
655655 17 numbers to the department:
656656 18 (1) after completing the presentations required under subsection
657657 19 (a) for all schools for the school corporation; and
658658 20 (2) before November 15 of that year.
659659 21 Before November 15 of each year, each charter school (including a
660660 22 virtual charter school) shall provide the disaggregated results of staff
661661 23 performance evaluations by teacher identification numbers to the
662662 24 department.
663663 25 (c) Not before the beginning of the second semester (or the
664664 26 equivalent) of the school year and not later than August 1 of each year,
665665 27 the principal at each school described in subsection (b) shall complete
666666 28 a survey that provides information regarding the principal's assessment
667667 29 of the quality of instruction by each particular teacher preparation
668668 30 program located in Indiana for teachers employed at the school who
669669 31 initially received their teaching license in Indiana in the previous two
670670 32 (2) years. The survey shall be adopted by the state board and prescribed
671671 33 on a form developed not later than July 30, 2016, by the department
672672 34 that is aligned with the matrix system established under
673673 35 IC 20-28-3-1(i). The school shall provide the surveys to the department
674674 36 in a manner prescribed by the department. The department shall
675675 37 compile the information contained in the surveys, broken down by each
676676 38 teacher preparation program located in Indiana. The department shall
677677 39 include information relevant to a particular teacher preparation
678678 40 program located in Indiana in the department's report under subsection
679679 41 (f).
680680 42 (d) During the second semester (or the equivalent) of the school
681681 2024 IN 1219—LS 6836/DI 110 16
682682 1 year and not later than August 1 of each year, each teacher employed
683683 2 by a school described in subsection (b) in Indiana who initially
684684 3 received a teacher's license in Indiana in the previous three (3) years
685685 4 shall complete a form after the teacher completes the teacher's initial
686686 5 year teaching at a particular school. The information reported on the
687687 6 form must:
688688 7 (1) provide the year in which the teacher was hired by the school;
689689 8 (2) include the name of the teacher preparation program that
690690 9 recommended the teacher for an initial license;
691691 10 (3) describe subjects taught by the teacher;
692692 11 (4) provide the location of different teaching positions held by the
693693 12 teacher since the teacher initially obtained an Indiana teaching
694694 13 license;
695695 14 (5) provide a description of any mentoring the teacher has
696696 15 received while teaching in the teacher's current teaching position;
697697 16 (6) describe the teacher's current licensure status; and
698698 17 (7) include an assessment by the teacher of the quality of
699699 18 instruction of the teacher preparation program in which the
700700 19 teacher participated.
701701 20 The form shall be prescribed by the department. The forms shall be
702702 21 submitted to the department in a manner prescribed by the department.
703703 22 Upon receipt of the information provided in this subsection, the
704704 23 department shall compile the information contained in the forms and
705705 24 include an aggregated summary of the report on the department's
706706 25 Internet web site. website.
707707 26 (e) Before December 15 of each year, the department shall report
708708 27 the results of staff performance evaluations in the aggregate to the state
709709 28 board, and to the public via the department's Internet web site website
710710 29 for:
711711 30 (1) the aggregate of certificated employees of each school and
712712 31 school corporation;
713713 32 (2) the aggregate of graduates of each teacher preparation
714714 33 program in Indiana;
715715 34 (3) for each school described in subsection (b), the annual rate of
716716 35 retention for certificated employees for each school within the
717717 36 charter school or school corporation; and
718718 37 (4) the aggregate results of staff performance evaluations for each
719719 38 category described in section 4(c)(3) section 4(b) of this chapter.
720720 39 In addition to the aggregate results, the results must be broken
721721 40 down:
722722 41 (A) by the content area of the initial teacher license received
723723 42 by teachers upon completion of a particular teacher
724724 2024 IN 1219—LS 6836/DI 110 17
725725 1 preparation program; or
726726 2 (B) as otherwise requested by a teacher preparation program,
727727 3 as approved by the state board.
728728 4 (f) Beginning November 1, 2016, and before September 1 of each
729729 5 year thereafter, the department shall report to each teacher preparation
730730 6 program in Indiana for teachers with three (3) or fewer years of
731731 7 teaching experience:
732732 8 (1) information from the surveys relevant to that particular teacher
733733 9 education program provided to the department under subsection
734734 10 (c);
735735 11 (2) information from the forms relevant to that particular teacher
736736 12 preparation program compiled by the department under
737737 13 subsection (d); and
738738 14 (3) the results from the most recent school year for which data are
739739 15 available of staff performance evaluations for each category
740740 16 described in section 4(c)(3) section 4(b) of this chapter with three
741741 17 (3) or fewer years of teaching experience for that particular
742742 18 teacher preparation program. The report to the teacher preparation
743743 19 program under this subdivision shall be in the aggregate form and
744744 20 shall be broken down by the teacher preparation program that
745745 21 recommended an initial teaching license for the teacher.
746746 22 SECTION 17. IC 20-29-5-7, AS AMENDED BY P.L.86-2018,
747747 23 SECTION 179, IS AMENDED TO READ AS FOLLOWS
748748 24 [EFFECTIVE JULY 1, 2024]: Sec. 7. (a) This section does not apply
749749 25 to the bargaining team for the exclusive representative.
750750 26 (b) The percentage of teacher positions the exclusive representative
751751 27 may appoint to serve on a statutory or locally created district wide
752752 28 committee may not exceed the percentage of teachers in the school
753753 29 corporation who are members of the exclusive representative. If
754754 30 multiplying the number of teacher positions on the committee by the
755755 31 percentage of teachers in the school corporation who are members of
756756 32 the exclusive representative does not produce a whole number, the
757757 33 product must be rounded up to the nearest whole number. The
758758 34 percentage of positions applies to the number of teacher positions on
759759 35 a committee and not to the total number of positions on a committee.
760760 36 (c) The percentage of teacher positions the exclusive representative
761761 37 may appoint to serve on a statutory or locally created school wide
762762 38 committee may not exceed the percentage of teachers in the school who
763763 39 are members of the exclusive representative. If multiplying the number
764764 40 of teacher positions on the committee by the percentage of teachers in
765765 41 the school who are members of the exclusive representative does not
766766 42 produce a whole number, the product must be rounded up to the nearest
767767 2024 IN 1219—LS 6836/DI 110 18
768768 1 whole number. The percentage of positions applies to the number of
769769 2 teacher positions on a committee and not to the total number of
770770 3 positions on a committee.
771771 4 (d) A committee to which this section applies may not address
772772 5 subjects of bargaining under this article. A school employer's
773773 6 appointment of a teacher to a committee is not an unfair practice as it
774774 7 relates to the appointment of the teacher committee members.
775775 8 (e) By September 15 October 1 of each school year, the local
776776 9 president or other officer or designee of the exclusive representative
777777 10 shall certify by affidavit to the school employer the number of teachers
778778 11 in each school and in the entire school corporation who are members
779779 12 of the exclusive representative.
780780 13 (f) By October 1 of each school year, the school employer shall
781781 14 provide the board with a copy of the affidavit submitted to the school
782782 15 employer under subsection (e). The board shall compile information
783783 16 included in the affidavit from each school corporation and post the
784784 17 information on the board's Internet web site. website. The information
785785 18 posted by the board under this subsection may only include aggregate
786786 19 data for each school corporation and may not include any information
787787 20 that would identify a particular school employee.
788788 21 SECTION 18. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
789789 22 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
790790 23 JULY 1, 2024]: Sec. 1. (a) School employers and school employees
791791 24 shall:
792792 25 (1) have the obligation and the right to bargain collectively the
793793 26 items set forth in section 4 of this chapter; and
794794 27 (2) enter into a contract embodying any of the matters listed in
795795 28 section 4 of this chapter on which they have bargained
796796 29 collectively.
797797 30 (b) Notwithstanding any other law, before a school employer and
798798 31 school employees may privately negotiate the matters described in
799799 32 subsection (a)(1) during the time period for formal collective
800800 33 bargaining established in section 12 of this chapter, the parties must
801801 34 hold at least one (1) public hearing and take public testimony to discuss
802802 35 the items described in subsection (a). A school employer may allow
803803 36 governing body members or the public to participate in a public
804804 37 hearing under this subsection by means of electronic communication.
805805 38 SECTION 19. IC 20-29-6-3, AS AMENDED BY P.L.254-2019,
806806 39 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
807807 40 JULY 1, 2024]: Sec. 3. (a) It is unlawful for a school employer to enter
808808 41 into any agreement that would place the employer in a position of
809809 42 deficit financing due to a reduction in the employer's actual general
810810 2024 IN 1219—LS 6836/DI 110 19
811811 1 fund (before January 1, 2019) or education fund (after December 31,
812812 2 2018) revenue or an increase in the employer's expenditures when the
813813 3 expenditures exceed the employer's current year actual general fund
814814 4 (before January 1, 2019) or education fund (after December 31, 2018)
815815 5 revenue. Except as provided in subsection (c), revenue does not include
816816 6 money estimated to be or actually transferred from the school
817817 7 corporation's operations fund to its education fund.
818818 8 (b) A contract that provides for deficit financing is void to that
819819 9 extent, and an individual teacher's contract executed under the contract
820820 10 is void to that extent.
821821 11 (c) Notwithstanding subsection (a), before September 15 October
822822 12 1 of any year, a governing body may pass a one (1) year resolution
823823 13 indicating that a portion or percentage of money transferred from the
824824 14 operations fund to the education fund may be considered education
825825 15 fund revenue for purposes of funding a contract under this chapter and
826826 16 to determine whether an agreement would place the employer in a
827827 17 position of deficit financing. The resolution shall expire within one (1)
828828 18 year of the resolution's adoption by the governing body.
829829 19 SECTION 20. IC 20-29-6-6, AS AMENDED BY P.L.216-2021,
830830 20 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
831831 21 JULY 1, 2024]: Sec. 6. (a) The obligation to bargain collectively does
832832 22 not include the final approval of a contract concerning any items.
833833 23 Agreements reached through collective bargaining are binding as a
834834 24 contract only if ratified by the governing body of the school corporation
835835 25 and the exclusive representative. The obligation to bargain collectively
836836 26 does not require the school employer or the exclusive representative to
837837 27 agree to a proposal of the other or to make a concession to the other.
838838 28 (b) This subsection applies to a collective bargaining agreement
839839 29 ratified after June 30, 2021. A ratified collective bargaining agreement
840840 30 shall include a provision specifying the date on which the public
841841 31 hearing described in section 1(b) of this chapter and the public meeting
842842 32 described in section 19 of this chapter occurred as well as an attestation
843843 33 signed by both parties attesting that the public hearing described in
844844 34 section 1(b) of this chapter and the public meeting described in section
845845 35 19 of this chapter occurred on the dates specified in the ratified
846846 36 collective bargaining agreement. The governing body shall indicate as
847847 37 part of the attestation whether governing body members or members of
848848 38 the public were allowed to participate in the public hearing or public
849849 39 meeting by means of electronic communication.
850850 40 SECTION 21. IC 20-29-6-12, AS AMENDED BY P.L.214-2017,
851851 41 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
852852 42 JULY 1, 2024]: Sec. 12. Formal collective bargaining between a school
853853 2024 IN 1219—LS 6836/DI 110 20
854854 1 corporation and the exclusive representative shall not begin before:
855855 2 (1) September 15 October 1 in the first year of the state budget
856856 3 biennium; or
857857 4 (2) September 15 October 1 in the second year of the state budget
858858 5 biennium if the parties agreed to a one (1) year contract during the
859859 6 first year of the state budget biennium or the contract provides for
860860 7 renegotiating certain financial items the second year of a two (2)
861861 8 year contract.
862862 9 Informal negotiations may be held before September 15. October 1.
863863 10 SECTION 22. IC 20-29-6-12.5, AS AMENDED BY P.L.159-2020,
864864 11 SECTION 62, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
865865 12 JULY 1, 2024]: Sec. 12.5. (a) Before September 15 October 1 of the
866866 13 first year of the state budget biennium, the department shall provide the
867867 14 parties with an estimate of the general fund (before January 1, 2019) or
868868 15 education fund (after December 31, 2018) revenue available for
869869 16 bargaining in the school corporation from the school funding formula.
870870 17 (b) Within thirty (30) days after the date of the fall count of ADM
871871 18 of the school year in the first year of the state budget biennium, the
872872 19 department shall provide the parties with a certification of estimated
873873 20 general fund (before January 1, 2019) or education fund (after
874874 21 December 31, 2018) revenue available for bargaining from the school
875875 22 funding formula. If the parties do not receive a certified estimate from
876876 23 the department within thirty (30) days after the fall count of ADM, the
877877 24 parties may use the school corporation's estimate of the general fund
878878 25 (before January 1, 2019) or education fund (after December 31, 2018)
879879 26 revenue available based on the school corporation's fall count of ADM
880880 27 for purposes of collective bargaining. However, if the parties
881881 28 subsequently receive the certification of estimated general fund (before
882882 29 January 1, 2019) or education fund (after December 31, 2018) revenue
883883 30 available for bargaining before an impasse is declared, the parties shall
884884 31 use the certified general fund (before January 1, 2019) or education
885885 32 fund (after December 31, 2018) revenue from the school funding
886886 33 formula for purposes of collective bargaining.
887887 34 (c) A school employer that passes a resolution under section 3(c) of
888888 35 this chapter to consider a portion or percentage of money transferred
889889 36 from the school employer's operations fund to the education fund as
890890 37 education fund revenue for purposes of determining whether an
891891 38 agreement places a school corporation in a position of deficit financing
892892 39 must submit a copy of the resolution to the department of local
893893 40 government finance on or before November 1. The resolution shall
894894 41 include:
895895 42 (1) all transfers between the operations fund and the education
896896 2024 IN 1219—LS 6836/DI 110 21
897897 1 fund; and
898898 2 (2) a statement regarding whether or not the transfer is for the
899899 3 purpose of funding teacher contracts.
900900 4 (d) The certifications or estimate described in subsection (b) must
901901 5 be the basis for determinations throughout impasse proceedings under
902902 6 this chapter.
903903 7 SECTION 23. IC 20-29-6-19, AS AMENDED BY P.L.216-2021,
904904 8 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
905905 9 JULY 1, 2024]: Sec. 19. (a) In addition to holding at least one (1)
906906 10 public hearing with public testimony as described in section 1(b) of this
907907 11 chapter, The school employer must conduct a public meeting to discuss
908908 12 a tentative collective bargaining agreement at least seventy-two (72)
909909 13 hours before it is ratified by the school employer. A school employer
910910 14 may allow governing body members or the public to participate in a
911911 15 public meeting under this section by means of electronic
912912 16 communication.
913913 17 (b) Notice of the time and the location of the public meeting and a
914914 18 tentative collective bargaining agreement established under this chapter
915915 19 must be posted on the school employer's Internet web site website at
916916 20 least seventy-two (72) hours prior to the public meeting described in
917917 21 subsection (a).
918918 22 (c) A school employer must allow for public comment at the
919919 23 meeting at which a tentative collective bargaining agreement is ratified.
920920 24 (d) Not later than fourteen (14) business days after the parties have
921921 25 reached an agreement under this chapter, the school employer shall
922922 26 post the contract upon which the parties have agreed on the school
923923 27 employer's Internet web site. website.
924924 28 SECTION 24. IC 20-30-2-2, AS AMENDED BY P.L.201-2013,
925925 29 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
926926 30 JULY 1, 2024]: Sec. 2. (a) A student instructional day in grades 1
927927 31 through 6 consists of at least five (5) hours and not more than seven
928928 32 (7) hours of instructional time. Except as provided in subsection (b),
929929 33 (c), or (d), a student instructional day in grades 7 through 12 consists
930930 34 of at least six (6) hours and not more than seven (7) hours of
931931 35 instructional time.
932932 36 (b) Except as provided in subsection (c), an instructional day for a
933933 37 school flex program under section 2.2 of this chapter consists of a
934934 38 minimum of three (3) hours of instructional time.
935935 39 (c) A student instructional day for a qualified high school (as
936936 40 defined in IC 20-24.2-1-3) consists of any amount of instructional time.
937937 41 (d) A high school student who is enrolled in at least twelve (12)
938938 42 credit hours of on-campus dual credit courses (as described in
939939 2024 IN 1219—LS 6836/DI 110 22
940940 1 IC 21-43-1-2.5) is not required to comply with subsection (a) during
941941 2 the semester in which the student is enrolled in at least twelve (12)
942942 3 credit hours.
943943 4 SECTION 25. IC 20-30-2-2.2, AS AMENDED BY P.L.147-2020,
944944 5 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
945945 6 JULY 1, 2024]: Sec. 2.2. (a) As used in this section, "eligible student"
946946 7 means a student in grade 11 or 12 who has:
947947 8 (1) failed the graduation exam (before July 1, 2022) or is not on
948948 9 track to complete a postsecondary readiness competency;
949949 10 (2) been determined to be chronically absent, by missing ten
950950 11 percent (10%) or more of a school year for any reason;
951951 12 (3) been determined to be a habitual truant, as identified under
952952 13 IC 20-33-2-11;
953953 14 (4) been significantly behind in credits for graduation, as
954954 15 identified by an individual's school principal;
955955 16 (5) previously undergone at least a second suspension from school
956956 17 for the school year under IC 20-33-8-14 or IC 20-33-8-15;
957957 18 (6) previously undergone an expulsion from school under
958958 19 IC 20-33-8-14, IC 20-33-8-15, or IC 20-33-8-16; or
959959 20 (7) been determined by the individual's principal and the
960960 21 individual's parent or guardian to benefit by participating in the
961961 22 school flex program.
962962 23 (b) An eligible student who participates in a school flex program
963963 24 must:
964964 25 (1) attend school for at least:
965965 26 (A) three (3) hours of instructional time per school day; and
966966 27 (B) thirty-two thousand four hundred (32,400) minutes
967967 28 each school year;
968968 29 (2) pursue a timely graduation;
969969 30 (3) provide evidence of college or technical career education
970970 31 enrollment and attendance or proof of employment and labor that
971971 32 is aligned with the student's career academic sequence under rules
972972 33 established by the bureau of youth employment;
973973 34 (4) not be suspended or expelled while participating in a school
974974 35 flex program;
975975 36 (5) pursue course and credit requirements for an Indiana diploma
976976 37 with a general designation; and
977977 38 (6) maintain a ninety-five percent (95%) attendance rate.
978978 39 (c) Subject to subsection (b), a school may allow an eligible
979979 40 student in grade 11 or 12 to complete an instructional day that consists
980980 41 of three (3) hours of instructional time if the student participates in the
981981 42 school flex program.
982982 2024 IN 1219—LS 6836/DI 110 23
983983 1 SECTION 26. IC 20-30-2-3, AS ADDED BY P.L.1-2005,
984984 2 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
985985 3 JULY 1, 2024]: Sec. 3. For each school year, (a) Except as provided
986986 4 under section 2 of this chapter and subject to subsection (b), a
987987 5 school corporation shall conduct at least one hundred eighty (180) one
988988 6 hundred seventy-five (175) student instructional days.
989989 7 (b) A school corporation shall conduct at least the following
990990 8 each school year:
991991 9 (1) Fifty-four thousand (54,000) minutes of instructional time
992992 10 for students in grades 1 through 6.
993993 11 (2) Sixty-four thousand eight hundred (64,800) minutes of
994994 12 instructional time for students in grades 7 through 12.
995995 13 (c) Not later than June 15 of each school year, the superintendent of
996996 14 each school corporation shall certify to the department the number of:
997997 15 (1) minutes of student instructional days time; and
998998 16 (2) instructional days;
999999 17 conducted during that school year
10001000 18 SECTION 27. IC 20-30-2-4, AS AMENDED BY P.L.178-2022(ts),
10011001 19 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10021002 20 JULY 1, 2024]: Sec. 4. (a) Subject to subsection (c), if a school
10031003 21 corporation fails to conduct the minimum number of student
10041004 22 instructional days minutes during a school year as required under
10051005 23 section 3 of this chapter, the department shall reduce the August tuition
10061006 24 support distribution to that school corporation for a school year by an
10071007 25 amount determined as follows:
10081008 26 STEP ONE: Determine the remainder of:
10091009 27 (A) the amount of the total tuition support allocated to the
10101010 28 school corporation for the particular school year; minus
10111011 29 (B) that part of the total tuition support allocated to the school
10121012 30 corporation for that school year with respect to student
10131013 31 instructional days one hundred seventy-six (176) through one
10141014 32 hundred eighty (180).
10151015 33 STEP TWO: Subtract the number of student instructional days
10161016 34 that the school corporation conducted from one hundred eighty
10171017 35 (180).
10181018 36 STEP THREE: Determine the lesser of five (5) or the remainder
10191019 37 determined under STEP TWO.
10201020 38 STEP FOUR: Divide the amount subtracted under STEP ONE (B)
10211021 39 by five (5).
10221022 40 STEP FIVE: Multiply the quotient determined under STEP FOUR
10231023 41 by the number determined under STEP THREE.
10241024 42 STEP SIX: Subtract the number determined under STEP THREE
10251025 2024 IN 1219—LS 6836/DI 110 24
10261026 1 from the remainder determined under STEP TWO.
10271027 2 STEP SEVEN: Divide the remainder determined under STEP
10281028 3 ONE by one hundred seventy-five (175).
10291029 4 STEP EIGHT: Multiply the quotient determined under STEP
10301030 5 SEVEN by the remainder determined under STEP SIX.
10311031 6 STEP NINE: Add the product determined under STEP FIVE to
10321032 7 the product determined under STEP EIGHT.
10331033 8 STEP ONE: Subtract the number of student instructional
10341034 9 minutes that the school corporation conducted for students in
10351035 10 grades 1 through 6 from fifty-four thousand (54,000) for the
10361036 11 particular school year.
10371037 12 STEP TWO: Divide the amount of the total tuition support
10381038 13 allocated to the school corporation for the particular school
10391039 14 year for students in grades 1 through 6 by fifty-four thousand
10401040 15 (54,000).
10411041 16 STEP THREE: Multiply the result determined under STEP
10421042 17 ONE by the result determined under STEP TWO.
10431043 18 STEP FOUR: Subtract the number of student instructional
10441044 19 minutes that the school corporation conducted for students in
10451045 20 grades 7 through 12 from sixty-four thousand eight hundred
10461046 21 (64,800) for the particular school year.
10471047 22 STEP FIVE: Divide the amount of the total tuition support
10481048 23 allocated to the school corporation for the particular school
10491049 24 year for students in grades 7 through 12 by sixty-four
10501050 25 thousand eight hundred (64,800).
10511051 26 STEP SIX: Multiply the result determined under STEP
10521052 27 FOUR by the result determined under STEP FIVE.
10531053 28 STEP SEVEN: Add the result determined under STEP
10541054 29 THREE to the result determined under STEP SIX.
10551055 30 (b) If the total amount of state tuition support that a school
10561056 31 corporation receives or will receive during a school year decreases
10571057 32 under this section by an amount that is equal to or more than two
10581058 33 hundred fifty thousand dollars ($250,000) from the amount the school
10591059 34 corporation would otherwise be eligible to receive during the school
10601060 35 year as determined under IC 20-43, the budget committee shall review
10611061 36 the amount of and the reason for the decrease before implementation
10621062 37 of the decrease.
10631063 38 (c) If fewer than all of the schools in a school corporation fail to
10641064 39 conduct the minimum number of minutes of student instructional days
10651065 40 time during a school year as required under section 3 of this chapter,
10661066 41 the reduction in August tuition support required by this section shall
10671067 42 take into account only the schools in the school corporation that failed
10681068 2024 IN 1219—LS 6836/DI 110 25
10691069 1 to conduct the minimum number of minutes of student instructional
10701070 2 days time and only the grades for which the required number of
10711071 3 minutes of student instructional days time was not conducted.
10721072 4 SECTION 28. IC 20-30-2-5, AS ADDED BY P.L.1-2005,
10731073 5 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10741074 6 JULY 1, 2024]: Sec. 5. The department may grant a waiver of the
10751075 7 penalty imposed under section 4 of this chapter for a particular number
10761076 8 of canceled student instructional days minutes if:
10771077 9 (1) the school corporation applies to the department for a waiver
10781078 10 of the penalty imposed under section 4 of this chapter for a
10791079 11 specific number of canceled student instructional days; minutes;
10801080 12 and
10811081 13 (2) each of the particular number of student instructional days
10821082 14 minutes requested to be waived under this section was canceled
10831083 15 due to extraordinary circumstances.
10841084 16 SECTION 29. IC 20-30-8-7, AS AMENDED BY P.L.286-2013,
10851085 17 SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10861086 18 JULY 1, 2024]: Sec. 7. The program organizer may request the
10871087 19 approval from the department for the following:
10881088 20 (1) To receive the grant for alternative education programs under
10891089 21 IC 20-20-33.
10901090 22 (2) To be granted waivers from rules adopted by the state board
10911091 23 that may otherwise interfere with the objectives of the alternative
10921092 24 education program, including waivers of:
10931093 25 (A) certain high school graduation requirements;
10941094 26 (B) the length of the student number of minutes of
10951095 27 instructional day as set forth in IC 20-30-2-2; time required
10961096 28 under IC 20-30-2;
10971097 29 (C) required curriculum and curricular materials;
10981098 30 (D) teacher certification requirements; and
10991099 31 (E) physical facility requirements.
11001100 32 SECTION 30. IC 20-31-2-4 IS REPEALED [EFFECTIVE JULY 1,
11011101 33 2024]. Sec. 4. "Committee" refers to the committee that develops the
11021102 34 strategic and continuous school improvement and achievement plan
11031103 35 under IC 20-31-5.
11041104 36 SECTION 31. IC 20-31-5 IS REPEALED [EFFECTIVE JULY 1,
11051105 37 2024]. (Strategic and Continuous School Improvement and
11061106 38 Achievement Plan).
11071107 39 SECTION 32. IC 20-31-6 IS REPEALED [EFFECTIVE JULY 1,
11081108 40 2024]. (Cultural Competency in Educational Environments).
11091109 41 SECTION 33. IC 20-32-4-14, AS AMENDED BY P.L.160-2023,
11101110 42 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11111111 2024 IN 1219—LS 6836/DI 110 26
11121112 1 JULY 1, 2024]: Sec. 14. (a) The state board shall create an alternate
11131113 2 diploma for students with significant cognitive disabilities. The
11141114 3 diploma must be:
11151115 4 (1) standards-based; and
11161116 5 (2) aligned with Indiana's requirements for an Indiana diploma.
11171117 6 (b) The alternate diploma must comply with the federal Every
11181118 7 Student Succeeds Act (ESSA) (20 U.S.C. 6311).
11191119 8 (c) For purposes of determining a school's or school corporation's
11201120 9 graduation rate under IC 20-26-13 or 511 IAC 6.2-10, not more than
11211121 10 the greater of:
11221122 11 (1) one percent (1%) of a school's or school corporation's
11231123 12 graduation cohort; or
11241124 13 (2) three (3) students;
11251125 14 that receives receive an alternate diploma may be counted as having
11261126 15 graduated.
11271127 16 (d) Not later than December 1, 2021, the state board shall adopt
11281128 17 rules under IC 4-22-2 that are necessary to carry out this section.
11291129 18 SECTION 34. IC 20-33-2-19, AS AMENDED BY P.L.226-2019,
11301130 19 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11311131 20 JULY 1, 2024]: Sec. 19. (a) When the parent of a student who is
11321132 21 enrolled in a public school makes a written request, the principal may
11331133 22 allow the student to attend a school for religious instruction that is
11341134 23 conducted by a church, an association of churches, or an association
11351135 24 that is organized for religious instruction and incorporated under
11361136 25 Indiana law.
11371137 26 (b) If a principal grants permission under subsection (a), the
11381138 27 principal shall specify a period or periods, not to exceed one hundred
11391139 28 twenty (120) minutes in total in any week, for the student to receive
11401140 29 religious instruction. The permission is valid only for the year in which
11411141 30 it is granted. Decisions made by a principal under this section may be
11421142 31 reviewed by the superintendent.
11431143 32 (c) A school for religious instruction that receives students under
11441144 33 this section:
11451145 34 (1) shall maintain attendance records and allow inspection of
11461146 35 these records by attendance officers; and
11471147 36 (2) may not be supported, in whole or in part, by public funds.
11481148 37 (d) A student who attends a school for religious instruction under
11491149 38 this section shall receive the same attendance credit that the student
11501150 39 would receive for attendance in the public schools for the same length
11511151 40 of time.
11521152 41 (e) A public secondary school may award academic credit to a
11531153 42 student who attends religious instruction under this section if the
11541154 2024 IN 1219—LS 6836/DI 110 27
11551155 1 governing body of the school corporation adopts a policy that allows
11561156 2 the awarding of credit. A policy adopted under this subsection must
11571157 3 provide the following:
11581158 4 (1) Classes in religious instruction are evaluated on the basis of
11591159 5 purely secular criteria in substantially the same manner as similar
11601160 6 classes taken by a student at a nonpublic secondary school who
11611161 7 transfers to a public secondary school are evaluated to determine
11621162 8 whether the student receives transfer credit for the classes.
11631163 9 Secular criteria may include the following in addition to other
11641164 10 secular criteria established by the governing body:
11651165 11 (A) The number of hours of classroom instructional time.
11661166 12 (B) A review of the course syllabus that reflects the course
11671167 13 requirements and materials.
11681168 14 (C) Methods of assessment used in the course.
11691169 15 (D) Whether the course is taught by a licensed teacher.
11701170 16 (2) The decision of whether to award academic credit is neutral
11711171 17 as to, and does not involve any test for, religious content or
11721172 18 denominational affiliation.
11731173 19 (3) A provision that a student who attends religious instruction
11741174 20 under this section shall first seek to use a time period during a
11751175 21 student instructional day (as defined described in IC 20-30-2-2)
11761176 22 that is not devoted to student instructional time to attend religious
11771177 23 instruction. If a student is not able to attend religious instruction
11781178 24 at a time other than during student instructional time, the student
11791179 25 may not be released to attend religious instruction for an amount
11801180 26 of time per week that exceeds the amount established in
11811181 27 subsection (b).
11821182 28 A student may be awarded a total of not more than two (2) elective
11831183 29 academic credits under this subsection.
11841184 30 SECTION 35. IC 20-36-2-1, AS AMENDED BY P.L.251-2017,
11851185 31 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11861186 32 JULY 1, 2024]: Sec. 1. (a) The department shall establish a state
11871187 33 resources program using designated state resources that:
11881188 34 (1) supports school corporations in the development of local
11891189 35 programs for high ability students;
11901190 36 (2) enables educational opportunities that encourage high ability
11911191 37 students to reach the highest possible level at every stage of the
11921192 38 students' development; and
11931193 39 (3) provides state integrated services that include the following:
11941194 40 (A) Information and materials resource centers.
11951195 41 (B) Professional development plan and programs.
11961196 42 (C) Research and development services.
11971197 2024 IN 1219—LS 6836/DI 110 28
11981198 1 (D) Technical assistance that includes the following:
11991199 2 (i) Student assessment.
12001200 3 (ii) Program assessment.
12011201 4 (iii) Program development and implementation.
12021202 5 (E) Support for educators pursuing professional development
12031203 6 leading to endorsement or licensure in high ability education.
12041204 7 (b) In addition to the program established under subsection (a), the
12051205 8 department shall use appropriations to provide grants to school
12061206 9 corporations for expenditures beyond those for regular educational
12071207 10 programs and specific to programs for high ability students under
12081208 11 section 2 of this chapter in an amount determined by the department
12091209 12 that is based upon a set minimum amount increased by an additional
12101210 13 amount for each student in the program. A school corporation's
12111211 14 program must align with the strategic and continuous school
12121212 15 improvement and achievement plans under IC 20-31-5-4 for the
12131213 16 schools within the school corporation. A school that receives a grant
12141214 17 under this subsection shall submit an annual report to the department
12151215 18 that includes the following:
12161216 19 (1) The programs for which the grant is used.
12171217 20 (2) The results of the programs for which the grant is used,
12181218 21 including student general assessment results, program
12191219 22 effectiveness, or student achievement.
12201220 23 SECTION 36. IC 20-43-1-14, AS ADDED BY P.L.2-2006,
12211221 24 SECTION 166, IS AMENDED TO READ AS FOLLOWS
12221222 25 [EFFECTIVE JULY 1, 2024]: Sec. 14. "Full-time equivalency" refers
12231223 26 to the amount amounts determined under IC 20-43-4-6.
12241224 27 SECTION 37. IC 20-43-1-22 IS REPEALED [EFFECTIVE JULY
12251225 28 1, 2024]. Sec. 22. "Primetime program" refers to the program
12261226 29 established under IC 20-43-9-1.
12271227 30 SECTION 38. IC 20-43-4-6, AS AMENDED BY P.L.155-2020,
12281228 31 SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12291229 32 JULY 1, 2024]: Sec. 6. (a) In determining ADM, each pupil enrolled
12301230 33 in a public school, including a charter school, and a nonpublic school
12311231 34 is to be counted on a full-time equivalency basis if the pupil:
12321232 35 (1) is enrolled in a public school and a nonpublic school;
12331233 36 (2) has legal settlement in a school corporation; and
12341234 37 (3) receives instructional services from a school corporation.
12351235 38 (b) For purposes of this section, full-time equivalency is calculated
12361236 39 as follows:
12371237 40 (1) For students in grades 1 through 6, as follows:
12381238 41 STEP ONE: Determine the result of:
12391239 42 (A) the number of days minutes instructional services will
12401240 2024 IN 1219—LS 6836/DI 110 29
12411241 1 be provided to the pupil, not to exceed one hundred eighty
12421242 2 (180); fifty-four thousand (54,000) minutes; divided by
12431243 3 (B) one hundred eighty (180). fifty-four thousand (54,000).
12441244 4 STEP TWO: Determine the result of:
12451245 5 (A) the pupil's public school instructional time (as defined
12461246 6 in IC 20-30-2-1); divided by
12471247 7 (B) the actual public school regular instructional day (as
12481248 8 defined in IC 20-30-2-2).
12491249 9 STEP THREE: Determine the result of:
12501250 10 (A) the STEP ONE result; multiplied by
12511251 11 (B) the STEP TWO result.
12521252 12 STEP FOUR: TWO: Determine the lesser of one (1) or the
12531253 13 result of:
12541254 14 (A) the STEP THREE ONE result; multiplied by
12551255 15 (B) one and five-hundredths (1.05).
12561256 16 (2) For students in grades 7 through 12, as follows:
12571257 17 STEP ONE: Determine the result of:
12581258 18 (A) the number of minutes instructional services will be
12591259 19 provided to the pupil, not to exceed sixty-four thousand
12601260 20 eight hundred (64,800) minutes; divided by
12611261 21 (B) sixty-four thousand eight hundred (64,800).
12621262 22 STEP TWO: Determine the lesser of one (1) or the result
12631263 23 of:
12641264 24 (A) the STEP ONE result; multiplied by
12651265 25 (B) one and five-hundredths (1.05).
12661266 26 However, the state board may, by rules adopted under IC 4-22-2,
12671267 27 specify an equivalent formula if the state board determines that the
12681268 28 equivalent formula would more accurately reflect the instructional
12691269 29 services provided by a school corporation during a period that a
12701270 30 particular ADM count is in effect for the school corporation.
12711271 31 SECTION 39. IC 20-43-9 IS REPEALED [EFFECTIVE JULY 1,
12721272 32 2024]. (Primetime Program).
12731273 33 SECTION 40. IC 20-43-10-3.5, AS AMENDED BY P.L.201-2023,
12741274 34 SECTION 210, IS AMENDED TO READ AS FOLLOWS
12751275 35 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. (a) As used in this section,
12761276 36 "school" means a school corporation, charter school, and a virtual
12771277 37 charter school.
12781278 38 (b) Subject to the requirements of this section, a school qualifies for
12791279 39 a teacher appreciation grant as provided in this section for a state fiscal
12801280 40 year if one (1) or more licensed teachers:
12811281 41 (1) employed in the classroom by the school; or
12821282 42 (2) directly providing virtual education;
12831283 2024 IN 1219—LS 6836/DI 110 30
12841284 1 were rated as effective or as highly effective, using the most recently
12851285 2 completed teacher ratings.
12861286 3 (c) A school may not receive a teacher appreciation grant under this
12871287 4 section unless:
12881288 5 (1) the school has in the within the previous three (3) state fiscal
12891289 6 year years in which the teacher appreciation grants are made
12901290 7 under this section:
12911291 8 (A) adopted an annual policy concerning the distribution of
12921292 9 teacher appreciation grants; and
12931293 10 (B) submitted the policy to the department for approval; and
12941294 11 (2) the department has approved the policy.
12951295 12 The department shall specify the date by which a policy described in
12961296 13 subdivision (1) must be submitted to the department.
12971297 14 (d) The amount of a teacher appreciation grant for a qualifying
12981298 15 school corporation or virtual charter school is equal to:
12991299 16 (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
13001300 17 (2) the school's current ADM.
13011301 18 However, the grant amount for a virtual charter school may not exceed
13021302 19 the statewide average grant amount.
13031303 20 (e) The following apply to the distribution of teacher appreciation
13041304 21 grants:
13051305 22 (1) If the total amount to be distributed as teacher appreciation
13061306 23 grants for a particular state fiscal year exceeds the amount
13071307 24 appropriated by the general assembly for teacher appreciation
13081308 25 grants for that state fiscal year, the total amount to be distributed
13091309 26 as teacher appreciation grants to schools shall be proportionately
13101310 27 reduced so that the total reduction equals the amount of the
13111311 28 excess. The amount of the reduction for a particular school is
13121312 29 equal to the total amount of the excess multiplied by a fraction.
13131313 30 The numerator of the fraction is the amount of the teacher
13141314 31 appreciation grant that the school would have received if a
13151315 32 reduction were not made under this section. The denominator of
13161316 33 the fraction is the total amount that would be distributed as
13171317 34 teacher appreciation grants to all schools if a reduction were not
13181318 35 made under this section.
13191319 36 (2) If the total amount to be distributed as teacher appreciation
13201320 37 grants for a particular state fiscal year is less than the amount
13211321 38 appropriated by the general assembly for teacher appreciation
13221322 39 grants for that state fiscal year, the total amount to be distributed
13231323 40 as teacher appreciation grants to schools for that particular state
13241324 41 fiscal year shall be proportionately increased so that the total
13251325 42 amount to be distributed equals the amount of the appropriation
13261326 2024 IN 1219—LS 6836/DI 110 31
13271327 1 for that particular state fiscal year.
13281328 2 (f) The annual teacher appreciation grant to which a school is
13291329 3 entitled for a state fiscal year shall be distributed to the school before
13301330 4 December 5 of that state fiscal year.
13311331 5 (g) The following apply to a school's policy under subsection (c)
13321332 6 concerning the distribution of teacher appreciation grants:
13331333 7 (1) The governing body shall differentiate between a teacher rated
13341334 8 as a highly effective teacher and a teacher rated as an effective
13351335 9 teacher. The policy must provide that the amount of a stipend
13361336 10 awarded to a teacher rated as a highly effective teacher must be
13371337 11 at least twenty-five percent (25%) more than the amount of a
13381338 12 stipend awarded to a teacher rated as an effective teacher.
13391339 13 (2) The governing body of a school may differentiate between
13401340 14 school buildings.
13411341 15 (3) A stipend to an individual teacher in a particular year is not
13421342 16 subject to collective bargaining and is in addition to the minimum
13431343 17 salary or increases in salary set under IC 20-28-9-1.5. The
13441344 18 governing body may provide that an amount not exceeding fifty
13451345 19 percent (50%) of the amount of a stipend to an individual teacher
13461346 20 in a particular state fiscal year becomes a permanent part of and
13471347 21 increases the base salary of the teacher receiving the stipend for
13481348 22 school years beginning after the state fiscal year in which the
13491349 23 stipend is received. The addition to base salary is not subject to
13501350 24 collective bargaining.
13511351 25 (h) A teacher appreciation grant received by a school shall be
13521352 26 allocated among and used only to pay cash stipends to all licensed
13531353 27 teachers employed in the classroom who are rated as effective or as
13541354 28 highly effective and employed by the school as of December 1. A
13551355 29 school may allocate up to twenty percent (20%) of the grant received
13561356 30 by the school to provide a supplemental award to teachers with less
13571357 31 than five (5) years of service who are rated as effective or as highly
13581358 32 effective. A school may allocate up to ten percent (10%) of the grant
13591359 33 received by the school to provide a supplemental award to teachers
13601360 34 who serve as mentors to teachers who have less than two (2) years of
13611361 35 service. The supplemental awards are in addition to the award made
13621362 36 from the part of the grant that is allocated to all eligible teachers.
13631363 37 (i) The lead school corporation or interlocal cooperative
13641364 38 administering a cooperative or other special education program or
13651365 39 administering a career and technical education program, including
13661366 40 programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
13671367 41 IC 36-1-7, shall award teacher appreciation grant stipends to and carry
13681368 42 out the other responsibilities of an employing school corporation under
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13701370 1 this section for the teachers in the special education program or career
13711371 2 and technical education program.
13721372 3 (j) A school shall distribute all stipends from a teacher appreciation
13731373 4 grant to individual teachers within twenty (20) business days of the
13741374 5 date the department distributes the teacher appreciation grant to the
13751375 6 school. Any part of the teacher appreciation grant not distributed as
13761376 7 stipends to teachers before February must be returned to the
13771377 8 department on the earlier of the date set by the department or June 30
13781378 9 of that state fiscal year.
13791379 10 (k) The department, after review by the budget committee, may
13801380 11 waive the December 5 deadline under subsection (f) to distribute an
13811381 12 annual teacher appreciation grant to the school under this section for
13821382 13 that state fiscal year and approve an extension of that deadline to a later
13831383 14 date within that state fiscal year, if the department determines that a
13841384 15 waiver and extension of the deadline are in the public interest.
13851385 16 (l) The state board may adopt rules under IC 4-22-2, including
13861386 17 emergency rules in the manner provided in IC 4-22-2-37.1, as
13871387 18 necessary to implement this section.
13881388 19 (m) This section expires June 30, 2025.
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