*ES0001.2*
February 22, 2024
ENGROSSED
SENATE BILL No. 1
_____
DIGEST OF SB 1 (Updated February 21, 2024 5:26 pm - DI 125)
Citations Affected: IC 20-24; IC 20-24.2; IC 20-26.5; IC 20-28;
IC 20-30; IC 20-31; IC 20-32.
Synopsis: Reading skills. Provides that the department of education
(department) may grant certain individuals a waiver that provides an
exception to the literacy endorsement requirements if the department
(Continued next page)
Effective: Upon passage; July 1, 2024.
Rogers, Raatz, Buchanan, Garten, Donato,
Crane, Deery, Johnson T, Holdman, Doriot,
Brown L, Gaskill, Carrasco, Alexander,
Charbonneau, Messmer, Walker K, Glick,
Byrne, Niemeyer, Maxwell, Buck, Koch,
Busch, Leising, Dernulc, Crider, Freeman,
Becker, Goode, Baldwin
(HOUSE SPONSORS — TESHKA, BEHNING, KING, DAVIS)
January 16, 2024, read first time and referred to Committee on Education and Career
Development.
January 18, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
January 25, 2024, amended, reported favorably — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed.
February 1, 2024, read third time, passed. Yeas 36, nays 13.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Education.
February 15, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 127.
February 22, 2024, amended, reported — Do Pass.
ES 1—LS 6707/DI 143 Digest Continued
submits a report to the legislative council by a specified date. Requires
certain schools, beginning with the 2024-2025 school year, to offer
summer school courses for students who are not reading proficient or
are at risk of not being reading proficient as indicated on the
determinant evaluation of reading skills approved by the state board of
education (evaluation). Expands eligibility for funding for summer
school courses. Requires certain summer school courses to be taught
by a teacher, instructor, or tutor who is trained in the science of
reading. Provides that if a student does not achieve a 90% attendance
rate in a summer reading course, the student is required to participate
in an individual reading plan in the following school year. Requires the
department of education to procure a universal screening assessment
(assessment) that meets certain criteria. Requires certain schools to
administer the assessment to students in kindergarten through grade 2
who are not on track for reading proficiency by grade 3 as determined
by the department. Requires the state board of education to establish a
method for virtual administration of the ILEARN statewide assessment.
Provides that a vendor must supply a student's assessment results to the
student and the student's parents. Applies the reading deficiency
remediation plan (plan) to public schools, charter schools, state
accredited nonpublic schools, and eligible schools. Makes the
following changes to the plan: (1) Beginning with evaluations
administered in the 2024-2025 school year, requires retention of a
student in grade 3 in addition to remediation if the student has not
achieved a passing score on the evaluation. (2) Requires schools to
notify a student's parent of certain assessment results, interventions, or
remedial actions provided to the student. (3) Requires schools to
monitor the progress of students who have failed to achieve a passing
score on the evaluation or the statewide assessment program test. (4)
Requires schools to provide reading instruction aligned with the
science of reading to all students in kindergarten through grade 8. (5)
Requires schools to administer the evaluation to students who are in
grade 2. (6) Requires a student to take the evaluation until certain
conditions are met. (7) Requires school reporting on interventions for
certain students at risk of not being reading proficient and for certain
students who do not a achieve a valid passing score on the determinant
evaluation of reading skills. Creates exceptions to the grade 3 retention
requirement for a student who meets certain criteria. Requires the
governing body of a school to establish a procedure allowing a parent
or guardian of a student to appeal the student's retention under the plan.
Requires the department to notify the parent or guardian of a child
enrolled in kindergarten of the retention requirements under the plan.
ES 1—LS 6707/DI 143ES 1—LS 6707/DI 143 February 22, 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.
ENGROSSED
SENATE BILL No. 1
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 20-24-8-5, AS AMENDED BY P.L.201-2023,
2 SECTION 157, IS AMENDED TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2024]: Sec. 5. The following statutes and rules
4 and guidelines adopted under the following statutes apply to a charter
5 school:
6 (1) IC 5-11-1-9 (required audits by the state board of accounts).
7 (2) IC 20-39-1-1 (unified accounting system).
8 (3) IC 20-35 (special education).
9 (4) IC 20-26-5-10 (criminal history).
10 (5) IC 20-26-5-6 (subject to laws requiring regulation by state
11 agencies).
12 (6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
13 (7) IC 20-28-10-14 (teacher freedom of association).
14 (8) IC 20-28-10-17 (school counselor immunity).
15 (9) For conversion charter schools only if the conversion charter
16 school elects to collectively bargain under IC 20-24-6-3(b),
17 IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
ES 1—LS 6707/DI 143 2
1 IC 20-28-10.
2 (10) IC 20-33-2 (compulsory school attendance).
3 (11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
4 due process and judicial review).
5 (12) IC 20-33-8-16 (firearms and deadly weapons).
6 (13) IC 20-34-3 (health and safety measures).
7 (14) IC 20-33-9 (reporting of student violations of law).
8 (15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
9 observances).
10 (16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending
11 before July 1, 2018), IC 20-32-5.1 (for a school year beginning
12 after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided
13 in IC 20-32-8.5-2(b) IC 20-32-8.5-2 (academic standards,
14 accreditation, assessment, and remediation).
15 (17) IC 20-33-7 (parental access to education records).
16 (18) IC 20-31 (accountability for school performance and
17 improvement).
18 (19) IC 20-30-5-19 (personal financial responsibility instruction).
19 (20) IC 20-26-5-37.3, before its expiration (career and technical
20 education reporting).
21 (21) IC 20-35.5 (dyslexia screening and intervention).
22 (22) IC 22-2-18, before its expiration on June 30, 2021
23 (limitations on employment of minors).
24 (23) IC 20-26-12-1 (curricular material purchase and provision;
25 public school students).
26 (24) IC 20-26-12-2 (curricular material purchase and rental).
27 SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2024]: Sec. 3. (a) Except as specifically provided in this
30 article and section 4 of this chapter, the following provisions of this
31 title and a rule or guideline adopted by the state board under one (1) of
32 the following provisions of this title do not apply to a qualified district
33 or qualified high school:
34 (1) Provisions that do not apply to school corporations in general.
35 (2) IC 20-20 (programs administered by the state), except for
36 IC 20-20-1 (educational service centers).
37 (3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
38 continuing education), IC 20-28-4-8 (hiring of transition to
39 teaching participants; restrictions), IC 20-28-4-11 (transition to
40 teaching participants; school corporation or subject area;
41 transition to teaching permit), IC 20-28-5-8 (conviction of certain
42 felonies or misdemeanors; notice and hearing; permanent
ES 1—LS 6707/DI 143 3
1 revocation of license; data base of school employees who have
2 been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
3 (cancellation of teacher contracts), IC 20-28-8 (contracts with
4 school administrators), IC 20-28-9 (teacher salary and related
5 payments), IC 20-28-10 (conditions of employment), and
6 IC 20-28-11.5 (staff performance evaluations).
7 (4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
8 IC 20-30-3-4 (patriotic commemorative observances),
9 IC 20-30-5-13 (human sexuality instructional requirements), and
10 IC 20-30-5-19 (personal financial responsibility instruction).
11 (5) IC 20-32 (student standards, assessments, and performance),
12 except for IC 20-32-4 (graduation requirements), IC 20-32-5
13 (Indiana statewide testing for educational progress for a school
14 year ending before July 1, 2018), IC 20-32-5.1 (statewide
15 assessment program for a school year beginning after June 30,
16 2018), and IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
17 improvement and remediation plans).
18 (6) IC 20-37 (career and technical education).
19 (b) Notwithstanding any other law, a school corporation may not
20 receive a decrease in state funding based upon the school corporation's
21 status as a qualified district or the status of a high school within the
22 school corporation as a qualified high school, or because of the
23 implementation of a waiver of a statute or rule that is allowed to be
24 waived by a qualified district or qualified high school.
25 SECTION 3. IC 20-24.2-4-4, AS AMENDED BY P.L.250-2023,
26 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 4. The following provisions of this title and rules
28 and guidelines adopted under the following provisions of this title
29 apply to a qualified district or qualified high school:
30 IC 20-20-1 (educational service centers).
31 IC 20-23 (organization of school corporations).
32 IC 20-26 (school corporation general administrative provisions).
33 IC 20-27 (school transportation).
34 IC 20-28-3-4 (teacher continuing education).
35 IC 20-28-4-8 (hiring of transition to teaching participants;
36 restrictions).
37 IC 20-28-4-11 (transition to teaching participants; school
38 corporation or subject area; transition to teaching permit).
39 IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
40 notice and hearing; permanent revocation of license; data base of
41 school employees who have been reported).
42 IC 20-28-6 (teacher contracts).
ES 1—LS 6707/DI 143 4
1 IC 20-28-7.5 (cancellation of teacher contracts).
2 IC 20-28-8 (contracts with school administrators).
3 IC 20-28-9 (teacher salary and related payments).
4 IC 20-28-10 (conditions of employment).
5 IC 20-28-11.5 (staff performance evaluations).
6 IC 20-29 (collective bargaining for teachers).
7 IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
8 observances).
9 IC 20-30-5-13 (human sexuality instructional requirements).
10 IC 20-30-5-19 (personal financial responsibility instruction).
11 IC 20-31 (accountability for school performance and
12 improvement).
13 IC 20-32-4, IC 20-32-5 (for a school year beginning before July
14 1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
15 2018), and IC 20-32-8 (accreditation, assessment, and
16 remediation), or any other statute, rule, or guideline related to
17 standardized assessments.
18 IC 20-32-8.5 (reading improvement and remediation plans).
19 IC 20-33 (students: general provisions).
20 IC 20-34-3 (health and safety measures).
21 IC 20-35 (special education).
22 IC 20-35.5 (dyslexia screening and intervention).
23 IC 20-36 (high ability students).
24 IC 20-39 (accounting and financial reporting procedures).
25 IC 20-40 (government funds and accounts).
26 IC 20-41 (extracurricular funds and accounts).
27 IC 20-42.5 (allocation of expenditures to student instruction and
28 learning).
29 IC 20-43 (state tuition support).
30 IC 20-44 (property tax levies).
31 IC 20-46 (levies other than general fund levies).
32 IC 20-47 (related entities; holding companies; lease agreements).
33 IC 20-48 (borrowing and bonds).
34 IC 20-49 (state management of common school funds; state
35 advances and loans).
36 IC 20-50 (homeless children and foster care children).
37 SECTION 4. IC 20-26.5-2-3, AS AMENDED BY P.L.201-2023,
38 SECTION 167, IS AMENDED TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Notwithstanding any other
40 law, the following may be suspended for a coalition member in
41 accordance with the coalition's plan:
42 (1) Subject to section 1(c) of this chapter, IC 20-30, concerning
ES 1—LS 6707/DI 143 5
1 curriculum.
2 (2) The following statutes and rules concerning curricular
3 materials:
4 IC 20-26-12-1, except for the provision of curricular materials
5 at no cost to a student in a public school.
6 IC 20-26-12-2, except for the prohibition of renting curricular
7 materials to students enrolled in a public school.
8 IC 20-26-12-24.
9 511 IAC 6.1-5-5.
10 (3) The following rules concerning teacher licenses:
11 511 IAC 16.
12 511 IAC 17.
13 (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
14 of academic standards).
15 (5) IC 20-31-4.1, concerning the performance based accreditation
16 system.
17 (6) Except as provided in subsection (b), any other statute in
18 IC 20 or rule in 511 IAC requested to be suspended as part of the
19 plan that is approved by the state board under section 1 of this
20 chapter.
21 (b) A coalition member may not suspend under subsection (a)(6)
22 any of the following:
23 (1) IC 20-26-5-10 (criminal history and child protection index
24 check).
25 (2) IC 20-28 (school teachers).
26 (3) IC 20-29 (collective bargaining).
27 (4) IC 20-31 (accountability for performance and improvement),
28 except for IC 20-31-3 and IC 20-31-4.1.
29 (5) Subject to subsection (c), IC 20-32-4 (graduation
30 requirements).
31 (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
32 Readiness Network (ILEARN) program).
33 (7) IC 20-32-8.5 (reading improvement and remediation
34 plans).
35 (7) (8) IC 20-33 (students).
36 (8) (9) IC 20-34 (student health and safety measures).
37 (9) (10) IC 20-35 (special education).
38 (10) (11) IC 20-35.5 (dyslexia screening and intervention).
39 (11) (12) IC 20-36 (high ability students).
40 (12) (13) IC 20-39 (accounting and financial reporting
41 procedures).
42 (13) (14) IC 20-40 (government funds and accounts).
ES 1—LS 6707/DI 143 6
1 (14) (15) IC 20-41 (extracurricular funds and accounts).
2 (15) (16) IC 20-42 (fiduciary funds and accounts).
3 (16) (17) IC 20-42.5 (allocation of expenditures to student
4 instruction and learning).
5 (17) (18) IC 20-43 (state tuition support).
6 (18) (19) IC 20-44 (property tax levies).
7 (19) (20) IC 20-46 (levies other than general fund levies).
8 (20) (21) IC 20-47 (related entities; holding companies; lease
9 agreements).
10 (21) (22) IC 20-48 (borrowing and bonds).
11 (22) (23) IC 20-49 (state management of common school funds;
12 state advances and loans).
13 (23) (24) IC 20-50 (homeless children and foster care children).
14 (c) A coalition member must comply with the postsecondary
15 readiness competency requirements under IC 20-32-4-1.5(b)(1).
16 However, notwithstanding any other law, a coalition member may
17 replace high school courses on the high school transcript with courses
18 on the same subject matter with equal or greater rigor to the required
19 high school course and may count such a course as satisfying the
20 equivalent diploma requirements established by IC 20 and any
21 applicable state board administrative rules or requirements. If the
22 coalition member school offers courses that are not aligned with
23 requirements adopted by the state board under IC 20-30-10, a parent of
24 a student and the student who intends to enroll in a course that is not
25 aligned with requirements adopted by the state board under
26 IC 20-30-10 must provide consent to the coalition member school to
27 enroll in the course. The consent form used by the coalition, which
28 shall be developed in collaboration with the commission for higher
29 education, must notify the parent and the student that enrollment in the
30 course may affect the student's ability to attend a particular
31 postsecondary educational institution or enroll in a particular course at
32 a particular postsecondary educational institution because the course
33 does not align with requirements established by the state board under
34 IC 20-30-10.
35 SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
38 board shall establish and require a literacy endorsement for individuals
39 first licensed after June 30, 2025, to teach a content area involving
40 literacy instruction, including special education, in prekindergarten
41 through grade 5.
42 (b) Except as provided in section 19.8(a) of this chapter,
ES 1—LS 6707/DI 143 7
1 beginning July 1, 2025, 2027, the department may not renew a
2 practitioner license or an accomplished practitioner license, or a
3 comparable license under prior rules, issued to an individual who,
4 (1) is first licensed after June 30, 2025; and
5 (2) based on the content area for which the individual is licensed,
6 including special education, provides literacy instruction to
7 students in prekindergarten through grade 5
8 unless the individual receives a literacy endorsement under this section.
9 (c) To be eligible to receive a literacy endorsement, an individual
10 must meet the following:
11 (1) Complete eighty (80) hours of evidence based professional
12 development that is:
13 (A) aligned to the science of reading; and
14 (B) provided by an organization accredited by the International
15 Dyslexia Association; and
16 (C) (B) approved by the department.
17 (2) Demonstrate proficiency in scientifically based reading
18 instruction skills aligned to the science of reading on a written
19 examination or through other procedures prescribed by the
20 department in accordance with this section.
21 (d) Of The eighty (80) hours of evidence based professional
22 development required under subsection (c)(1), at least forty (40) hours
23 must be completed through live sessions, which may be attended in
24 person or virtually, taught by a certified facilitator. (c)(1) must provide
25 individualized and on demand support. The evidence based
26 professional development required under subsection (c)(1) must:
27 (1) promote explicit, systematic, and cumulative instruction as the
28 primary approach to literacy instruction;
29 (2) promote an understanding of how language, reading, and
30 writing relate to each other;
31 (3) promote strategies for differentiated instruction for:
32 (A) students with:
33 (i) reading difficulties; or
34 (ii) disabilities; and
35 (B) English language learners;
36 (4) focus on phonemic awareness, phonics, fluency, vocabulary,
37 and comprehension; and
38 (5) allow participants to implement the strategies into a classroom
39 environment with the opportunity for feedback throughout the
40 professional development experience.
41 (e) The written examination required under subsection (c)(2) shall
42 ensure the individual demonstrates the ability to:
ES 1—LS 6707/DI 143 8
1 (1) effectively teach foundational reading skills, phonemic
2 awareness, phonics, fluency, vocabulary, and comprehension;
3 (2) implement reading instruction using high quality instructional
4 materials aligned to the science of reading; and
5 (3) provide effective instruction and interventions for students
6 with reading deficiencies.
7 (f) The department shall approve and provide the evidence based
8 professional development necessary for an individual to receive a
9 literacy endorsement under this section.
10 (g) The department shall establish the procedure for an existing
11 teacher to add the literacy endorsement established under this section
12 to the teacher's license.
13 (h) The state board shall adopt rules under IC 4-22-2 to do the
14 following:
15 (1) Adopt, validate, and implement the examination or other
16 procedures required by subsection (c)(2).
17 (2) Establish examination scores indicating proficiency.
18 (3) Otherwise carry out the purposes of this section.
19 SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
20 CODE AS A NEW SECTION TO READ AS FOLLOWS
21 [EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
22 in section 19.7(b) of this chapter who cannot comply with the
23 requirements of section 19.7 of this chapter may apply for a waiver
24 from the department in a form and manner prescribed by the
25 department.
26 (b) Subject to subsection (d), if the department determines that
27 an individual described in subsection (a) cannot comply with the
28 requirements of section 19.7 of this chapter, the department may
29 grant the individual a waiver that provides an exception to the
30 requirements.
31 (c) The department may grant a waiver under this section to an
32 individual that:
33 (1) is not more than one (1) year; and
34 (2) does not extend beyond July 1, 2028.
35 However the department may extend the waiver described in this
36 subsection if the department determines a hardship exists for the
37 individual in meeting the requirements under section 19.7 of this
38 chapter.
39 (d) Before the department may grant a waiver under this
40 section, the department shall submit a report not later than
41 December 1, 2026, to the legislative council in an electronic format
42 under IC 5-14-6 that contains the following information:
ES 1—LS 6707/DI 143 9
1 (1) The progress made by the department toward the
2 requirements in section 19.7 of this chapter.
3 (2) The progress made by the department toward the goal of
4 student literacy in Indiana.
5 (3) Barriers and challenges that remain for all individuals
6 described in section 19.7(b) of this chapter to achieving the
7 requirements of section 19.7 of this chapter.
8 (4) The reasons the department's waiver authority under this
9 section is necessary.
10 (5) Any other recommendations the department may have for
11 educators, communities, parents, schools, teacher preparation
12 programs, and the general assembly for achieving:
13 (A) full compliance with the requirements of section 19.7
14 of this chapter; and
15 (B) student literacy goals of the state.
16 SECTION 7. IC 20-30-7-1, AS AMENDED BY P.L.167-2018,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (c),
19 the state board may prescribe a program of summer school education
20 for public schools. Subject to subsection (b), the state board shall
21 adopt rules under IC 4-22-2 to provide for:
22 (1) summer school programs; and
23 (2) the state distribution formula for any money appropriated by
24 the general assembly for summer school education to allow for
25 the reimbursement for:
26 (A) instructional costs; and
27 (B) costs of tuition for an applicable online summer school
28 course.
29 (b) The state board shall give priority reimbursement, which
30 must be exempt from the distribution formula adopted by the state
31 board under subsection (a), for all eligible costs for summer school
32 courses that include curriculum aligned with the science of reading
33 designated by the department to support students in:
34 (1) grade 2 who are at risk of not being reading proficient;
35 and
36 (2) grade 3 who are not reading proficient;
37 as indicated on the determinant evaluation of reading skills
38 approved by the state board under IC 20-32-8.5-2.
39 (c) A state accredited nonpublic school and an eligible school (as
40 defined in IC 20-51-1-4.7) shall be eligible for summer school
41 funding for courses that include curriculum aligned with the
42 science of reading designated by the department to support
ES 1—LS 6707/DI 143 10
1 students in:
2 (1) grade 2 who are at risk of not being reading proficient;
3 and
4 (2) grade 3 who are not reading proficient;
5 as indicated on the determinant evaluation of reading skills
6 approved by the state board under IC 20-32-8.5-2.
7 SECTION 8. IC 20-30-7-13 IS ADDED TO THE INDIANA CODE
8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
9 1, 2024]: Sec. 13. (a) This section applies to:
10 (1) a public school, including a charter school;
11 (2) a state accredited nonpublic school; and
12 (3) an eligible school (as defined in IC 20-51-1-4.7).
13 (b) Beginning with the 2024-2025 school year, a school shall
14 offer summer school courses designated by the department to
15 support students in:
16 (1) grade 2 who are at risk of not being reading proficient;
17 and
18 (2) grade 3 who are not reading proficient;
19 as indicated on the determinant evaluation of reading skills
20 approved by the state board under IC 20-32-8.5-2.
21 (c) A summer school course described in subsection (b) must:
22 (1) be taught by a teacher, instructor, or tutor who is trained
23 in the science of reading as determined by the department;
24 and
25 (2) use curriculum or intervention materials aligned with the
26 science of reading.
27 (d) If a student described in subsection (b) does not achieve at
28 least a ninety percent (90%) attendance rate in a summer reading
29 course described in subsection (b), the student shall participate in
30 an individual reading plan aligned with the science of reading in
31 the following school year.
32 SECTION 9. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
33 SECTION 169, IS AMENDED TO READ AS FOLLOWS
34 [EFFECTIVE JULY 1, 2024]: Sec. 7. A school or group of schools that
35 submits an application under section 4 of this chapter may not request
36 to waive any of the following provisions:
37 IC 20-24-8-2 (prohibited acts).
38 IC 20-26-5-10 (criminal history and child protection index check).
39 IC 20-26-12-1 (curricular material purchase and provision; public
40 school students).
41 IC 20-26-12-2 (curricular material purchase and rental).
42 IC 20-27-7 (school bus inspection and registration).
ES 1—LS 6707/DI 143 11
1 IC 20-27-8-1 (school bus drivers and monitors).
2 IC 20-27-8-2 (school bus driver driving summary).
3 IC 20-27-10-3 (capacity of school bus).
4 IC 20-28 (school teachers).
5 IC 20-29 (collective bargaining).
6 IC 20-30-5-0.5 (display of United States flag; Pledge of
7 Allegiance).
8 IC 20-30-5-1 (constitutions).
9 IC 20-30-5-2 (constitutions; interdisciplinary course).
10 IC 20-30-5-3 (protected writings).
11 IC 20-30-5-4 (American history).
12 IC 20-30-5-4.5 (moment of silence).
13 IC 20-30-5-5 (morals instruction).
14 IC 20-30-5-6 (good citizenship instruction).
15 IC 20-30-5-13 (human sexuality instructional requirements).
16 IC 20-30-5-17 (access to materials; consent for participation).
17 IC 20-30-5-21 (contrary student instruction not permitted).
18 IC 20-30-5-22 (Indiana studies).
19 IC 20-31 (accountability for performance and improvement).
20 IC 20-32-4 (graduation requirements).
21 IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
22 Readiness Network (ILEARN) program).
23 IC 20-32-8.5 (reading improvement and remediation plans).
24 IC 20-33-1 (equal educational opportunity).
25 IC 20-34 (student health and safety measures).
26 IC 20-35 (special education).
27 IC 20-35.5 (dyslexia screening and intervention).
28 IC 20-36 (high ability students).
29 IC 20-39 (accounting and financial reporting procedures).
30 IC 20-40 (government funds and accounts).
31 IC 20-41 (extracurricular funds and accounts).
32 IC 20-42 (fiduciary funds and accounts).
33 IC 20-42.5 (allocation of expenditures to student instruction and
34 learning).
35 IC 20-43 (state tuition support).
36 IC 20-44 (property tax levies).
37 IC 20-46 (levies other than general fund levies).
38 IC 20-47 (related entities; holding companies; lease agreements).
39 IC 20-48 (borrowing and bonds).
40 IC 20-49 (state management of common school funds; state
41 advances and loans).
42 IC 20-50 (homeless children and foster care children).
ES 1—LS 6707/DI 143 12
1 IC 20-51 (school scholarships).
2 SECTION 10. IC 20-32-1-1, AS AMENDED BY P.L.92-2020,
3 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 1. Except as provided in IC 20-32-8.5, this
5 article applies only to the following:
6 (1) Public schools.
7 (2) State accredited nonpublic schools.
8 SECTION 11. IC 20-32-2-2.1 IS ADDED TO THE INDIANA
9 CODE AS A NEW SECTION TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. "Retention" means an
11 individual repeating the same grade level in a subsequent school
12 year that the individual participated in during the immediately
13 preceding school year.
14 SECTION 12. IC 20-32-2-3, AS AMENDED BY P.L.92-2020,
15 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 3. Except as provided in IC 20-32-8.5-0.7,
17 "student" means an individual who is enrolled in:
18 (1) a public school;
19 (2) a state accredited nonpublic school; or
20 (3) another nonpublic school that has requested and received from
21 the state board specific approval of the school's educational
22 program.
23 SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
24 SECTION 105, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The state board shall:
26 (1) authorize and oversee the department's development and
27 implementation of the Indiana's Learning Evaluation Assessment
28 Readiness Network (ILEARN) program, including:
29 (A) establishment of criteria for requests for proposals for
30 statewide assessments developed or authorized under this
31 chapter;
32 (B) establishment of criteria for membership of evaluation
33 teams; and
34 (C) establishment of criteria for content and format of the
35 statewide assessment; and
36 (2) require the department to conduct ongoing analysis of whether
37 the statewide assessment results are predictive of success in
38 college and career training programs.
39 (b) The passing scores on a statewide assessment must be
40 determined by statistically valid and reliable methods as determined by
41 independent experts selected by the state board.
42 (c) The state board, in consultation with The Arc of Indiana and
ES 1—LS 6707/DI 143 13
1 Indiana Council of Administrators of Special Education (ICASE), shall
2 select one (1) or more individuals who specialize in special education
3 who shall, in turn, be consulted with by the state board as part of the
4 state board's oversight of the development and implementation of the
5 Indiana's Learning Evaluation Assessment Readiness Network
6 (ILEARN) program.
7 (d) The secretary of education, with the approval of the state board,
8 is responsible for the development, implementation, and monitoring of
9 the Indiana's Learning Evaluation Assessment Readiness Network
10 (ILEARN) program.
11 (e) The department shall prepare detailed design specifications for
12 the statewide assessment developed under this chapter that must do the
13 following:
14 (1) Take into account the academic standards adopted under
15 IC 20-31-3.
16 (2) Include testing of students' higher level cognitive thinking in
17 each subject area tested.
18 (f) A statewide assessment described in section 7 of this chapter
19 may be in a form that allows the department and the state board, to the
20 extent possible, to compare the proficiency of Indiana students to the
21 proficiency of students in other states. A statewide assessment may
22 consist of original test items for Indiana's exclusive use if the state
23 board determines that:
24 (1) developing original test items for Indiana's exclusive use will
25 result in cost savings; or
26 (2) it would be impractical to develop a statewide assessment
27 adequately aligned to Indiana's academic standards without
28 including original test items developed for Indiana's exclusive
29 use.
30 (g) The state board shall establish a method for virtual
31 administration of the statewide assessment described in section 7
32 of this chapter.
33 SECTION 14. IC 20-32-5.1-17, AS AMENDED BY P.L.245-2023,
34 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2024]: Sec. 17. (a) The state board shall approve two (2) or
36 more benchmark, formative, interim, or similar assessments to identify
37 students that require remediation and provide individualized instruction
38 in which a school corporation, charter school, state accredited
39 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7) may
40 receive a grant under subsection (g).
41 (b) For a benchmark, formative, interim, or similar assessment
42 described in subsection (a) that is administered to students in
ES 1—LS 6707/DI 143 14
1 kindergarten through grade 2, the assessment must meet one (1) or
2 more of the following:
3 (1) The assessment:
4 (A) focuses on English/language arts; and
5 (B) shows alignment, verified by a third party, to Indiana's
6 academic standards for English/language arts domains,
7 specifically foundational reading skills.
8 (2) The assessment is a universal screener that:
9 (A) meets the screening requirements listed in IC 20-35.5-2-2;
10 (B) measures foundational reading skills; and
11 (C) received a convincing or partially convincing rating for
12 accuracy, reliability, and validity by the National Center on
13 Intensive Intervention or a nationally recognized dyslexia
14 assessment expert;
15 (D) screens for early literacy skill deficits;
16 (E) provides parents and schools with data analysis guides
17 for interpreting results and comprehensive support for
18 schools to guide classroom instruction and the
19 implementation of reading interventions; and
20 (F) provides the department with an annual analysis of
21 statewide data trends to support identification of early
22 literacy skill deficits and guides targeted intervention
23 efforts.
24 However, the department may not approve more than four (4)
25 assessments under this subdivision.
26 (3) The assessment focuses on numeracy and shows alignment,
27 verified by a third party, to Indiana's academic standards for
28 mathematical domains, specifically:
29 (A) number sense;
30 (B) computation and algebraic thinking; and
31 (C) measurement.
32 (c) For a benchmark, formative, interim, or similar assessment
33 described in subsection (a) that is administered to students in grades 3
34 through 7, the assessment must show alignment, verified by a third
35 party, to Indiana's academic standards.
36 (d) For a benchmark, formative, interim, or similar assessment
37 described in subsection (a) that is administered to students in grades 8
38 through 10, the assessment must show alignment, verified by a third
39 party, to:
40 (1) Indiana's academic standards; or
41 (2) the nationally recognized college entrance exam required to be
42 administered under section 7 of this chapter.
ES 1—LS 6707/DI 143 15
1 (e) This subsection does not apply to an assessment that is a
2 universal screener described in subsection (b)(2). The majority of the
3 benchmark, formative, interim, or similar assessment reporting must
4 indicate the degree to which students are on track for grade level
5 proficiency and college and career readiness. Approved assessments
6 must also provide predictive study results for student performance on
7 the statewide assessment under section 7 of this chapter, not later than
8 two (2) years after the summative assessment has been first
9 administered.
10 (f) This subsection does not apply to an assessment that is a
11 universal screener described in subsection (b)(2). A school corporation,
12 charter school, state accredited nonpublic school, or eligible school (as
13 defined in IC 20-51-1-4.7) may elect to administer a benchmark,
14 formative, interim, or similar assessment described in subsection (a).
15 If a school corporation, charter school, state accredited nonpublic
16 school, or eligible school (as defined in IC 20-51-1-4.7) administers an
17 assessment described in subsection (a), the school corporation, charter
18 school, state accredited nonpublic school, or eligible school (as defined
19 in IC 20-51-1-4.7) may prescribe the time and the manner in which the
20 assessment is administered.
21 (g) If a school corporation, charter school, state accredited
22 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7)
23 elects to administer a benchmark, formative, interim, or similar
24 assessment described in subsection (a), the school corporation, charter
25 school, state accredited nonpublic school, or eligible school (as defined
26 in IC 20-51-1-4.7) is entitled to receive a grant or reimbursement from
27 the department in an amount not to exceed the cost of the assessment.
28 The department shall provide grants and reimbursements to a school
29 corporation, charter school, state accredited nonpublic school, or
30 eligible school (as defined in IC 20-51-1-4.7) under this section from
31 money appropriated to the department for the purpose of carrying out
32 this section.
33 (h) Except as provided in subsection (j), the state board and the
34 department may not contract with, approve, or endorse the use of a
35 single vendor to provide benchmark, formative, interim, or similar
36 assessments for any grade level or levels of kindergarten through grade
37 7.
38 (i) Before the state board may approve a benchmark, formative,
39 interim, or similar assessment described in subsection (a), the
40 assessment vendor must enter into a data share agreement with the
41 department in the manner prescribed by the department. A vendor
42 providing an assessment described in subsection (b)(2) shall
ES 1—LS 6707/DI 143 16
1 provide a summary of a student's assessment results to the student
2 and the student's parents. The summary of the results must be in
3 an understandable format for parents that is easy to read.
4 (j) The department shall procure a preferred assessment that
5 meets the requirements specified in subsection (b)(2) for use by
6 schools in which fewer than seventy percent (70%) of students in
7 the school achieved a valid passing score on the determinant
8 evaluation of reading skills approved by the state board.
9 (k) This subsection applies to:
10 (1) a public school, including a charter school;
11 (2) a state accredited nonpublic school; and
12 (3) an eligible school (as defined in IC 20-51-1-4.7).
13 An elementary school shall administer an assessment described in
14 subsection (b)(2) to students in kindergarten through grade 2. The
15 department shall provide guidance as to the number of times the
16 assessment is required and when the administrations of the
17 assessment should occur.
18 SECTION 15. IC 20-32-8.5-0.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 0.5. This chapter applies to:
21 (1) a public school, including a charter school;
22 (2) a state accredited nonpublic school; and
23 (3) an eligible school (as defined in IC 20-51-1-4.7).
24 SECTION 16. IC 20-32-8.5-0.7 IS ADDED TO THE INDIANA
25 CODE AS A NEW SECTION TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2024]: Sec. 0.7. As used in this chapter,
27 "student" means an individual who is enrolled in a school
28 described in section 0.5 of this chapter.
29 SECTION 17. IC 20-32-8.5-2, AS AMENDED BY P.L.245-2023,
30 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), or (c),
32 the plan required by this chapter must include the following:
33 (1) Reading skill standards for grade 1 through grade 3.
34 (2) An emphasis on A method for making determinant evaluations
35 by grade 3 that might require remedial action is required for the
36 a student, including:
37 (A) beginning with evaluations administered during the
38 2024-2025 school year, and except as provided in
39 subsection (c), retention of the student in grade 3 if the
40 student has not achieved a passing score on the
41 determinant evaluation of reading skills approved by the
42 state board after the student has had an opportunity to
ES 1—LS 6707/DI 143 17
1 retake the determinant evaluation in the summer; and
2 (B) the use of curricular materials and supplemental
3 materials aligned to the science of reading that are
4 designed to address deficiencies in reading;
5 retention as a last resort, after other methods of remediation have
6 been evaluated or used, or both, if reading skills are below the
7 standard. Appropriate consultation with parents or guardians must
8 be part of the plan.
9 (3) A requirement that schools notify a student's parent of the
10 following:
11 (A) The student's assessment results regarding skill level
12 in:
13 (i) phonemic awareness;
14 (ii) phonics;
15 (iii) fluency;
16 (iv) vocabulary; and
17 (v) comprehension.
18 (B) The student's assessment results on the determinant
19 evaluation of reading skills approved by the state board.
20 (C) Any intervention provided to the student or any
21 remedial action taken.
22 (4) A requirement that schools monitor the progress of
23 students who failed to achieve a valid passing score on the:
24 (A) determinant evaluation of reading skills approved by
25 the state board; or
26 (B) statewide assessment program test.
27 (5) A requirement that schools provide reading instruction
28 that includes a core reading program aligned with the science
29 of reading to all students in kindergarten through grade 8.
30 (6) A requirement for the administration of the determinant
31 evaluation of reading skills approved by the state board to
32 students in grade 2.
33 (7) A requirement that all students take the determinant
34 evaluation of reading skills approved by the state board until
35 the student:
36 (A) receives a passing score, regardless of the student's
37 grade level; or
38 (B) enters grade 7.
39 (8) A requirement that a school report the following to the
40 department:
41 (A) The literacy interventions that will be used for students
42 in grade 2 who are at risk of not being reading proficient
ES 1—LS 6707/DI 143 18
1 and students in grade 3 who do not achieve a valid passing
2 score on the determinant evaluation of reading skills
3 approved by the state board.
4 (B) The literacy interventions in use before the adoption of
5 the plan for students in grade 2 who are at risk of not being
6 reading proficient and students in grade 3 who do not
7 achieve a valid passing score on the determinant
8 evaluation of reading skills approved by the state board.
9 (C) The literacy interventions in use before the adoption of
10 the plan for students who do not achieve a valid passing
11 score on the determinant evaluation of reading skills
12 approved by the state board.
13 (D) The number of students being served by the
14 interventions described in clauses (B) and (C).
15 (E) The cost of providing the interventions described in
16 clauses (B) and (C).
17 (F) Any other information requested by the department.
18 (3) (9) Requirements for a public school maintained by a school
19 corporation in which fewer than seventy percent (70%) of
20 students of the school achieved a valid passing score on the
21 determinant evaluation of reading skills approved by the state
22 board The requirements for the public schools described in this
23 subdivision that must include the following:
24 (A) Use of curriculum that is:
25 (i) based on the science of reading; and
26 (ii) approved by the department.
27 (B) Employment of the following:
28 (i) Before July 1, 2025, an instructional coach who is
29 trained in the science of reading, as determined by the
30 department. This item expires January 1, 2026.
31 (ii) After June 30, 2025, an instructional coach with a
32 literacy related endorsement who is trained in the science
33 of reading.
34 (C) Administration of the determinant evaluation of reading
35 skills approved by the state board to students in grade 2.
36 (D) (C) Use of only benchmark, formative, interim, or similar
37 assessments that:
38 (i) show alignment with Indiana's academic standards; and
39 (ii) are approved by the department.
40 (D) Use of a screener procured under IC 20-32-5.1-17(j).
41 (4) (10) The fiscal impact of each component of the plan, if any.
42 In determining whether a component has a fiscal impact,
ES 1—LS 6707/DI 143 19
1 consideration shall be given to whether the component will
2 increase costs to the state or a school corporation or require the
3 state or school corporation to reallocate resources.
4 (b) For a charter school, as defined in IC 20-24-1-4, a plan may
5 include only the following:
6 (1) A method for making determinant evaluations of reading skills
7 by grade 3.
8 (2) Retention as a last resort for students reading below grade
9 level as measured by the evaluation or assessment.
10 (c) (b) This subsection applies to a public school that is not a charter
11 school. A school corporation may receive a waiver of the requirements
12 provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
13 alternative reading plan provided by the school. corporation.
14 (c) A student who would otherwise be subject to retention in
15 grade 3 under the plan is not subject to the retention requirement
16 only if the student meets one (1) of the following criteria:
17 (1) The student was subject to retention and has been retained
18 in grade 3 for one (1) school year.
19 (2) The student has an intellectual disability or the student's
20 individualized education program specifies that retention is
21 not appropriate, and the student's case conference committee
22 has determined that promotion to another grade is
23 appropriate.
24 (3) The student is an English learner who has received
25 services for fewer than two (2) years and a committee
26 consisting of:
27 (A) the student's parent;
28 (B) a building level administrator or designee;
29 (C) a classroom teacher of service;
30 (D) an English learner teacher of record, if one exists; and
31 (E) an English learner district administrator, if one exists;
32 determines that promotion is appropriate based on the
33 implementation of research based instructional practices
34 outlined in the student's individual learning plan.
35 (4) The student received a score of proficient or above
36 proficient in grade 3 math on the statewide summative
37 assessment.
38 (5) The student:
39 (A) has received intensive intervention as determined by
40 the department in reading for two (2) or more years; and
41 (B) was retained more than one (1) time throughout
42 kindergarten, grade 1, or grade 2.
ES 1—LS 6707/DI 143 20
1 (d) A student who is not subject to the retention requirement as
2 provided under (c) must be provided with additional reading
3 instruction that is aligned with the science of reading until the
4 student achieves a passing score on the determinant evaluation of
5 reading skills approved by the state board.
6 (e) This subsection applies after June 30, 2024. Before October
7 1 of each school year the department shall:
8 (1) identify each incoming student (as defined in section 0.7 of
9 this chapter) enrolled in kindergarten in a school in Indiana;
10 and
11 (2) notify the parent or guardian of the student of the
12 retention requirement under this chapter for grade 3 students
13 who do not achieve a passing score on the Indiana reading
14 evaluation and determination (IRead3).
15 (f) The department shall establish a standard reporting process
16 and reporting window for schools to report students who qualify
17 for an exemption under subsection (c).
18 SECTION 18. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
19 CODE AS A NEW SECTION TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
21 school or the equivalent authority of a charter school, state
22 accredited nonpublic school, or eligible school (as defined in
23 IC 20-51-1-4.7) shall establish a procedure that allows a parent of
24 a student who:
25 (1) has been retained in grade 3 under the plan; and
26 (2) would not be subject to retention for other reasons;
27 to appeal the student's retention if the parent believes the student
28 meets an exception under section 2(c) of this chapter.
29 SECTION 19. An emergency is declared for this act.
ES 1—LS 6707/DI 143 21
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 1, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, between lines 26 and 27, begin a new paragraph and insert:
"SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) Except as specifically provided in this
article and section 4 of this chapter, the following provisions of this
title and a rule or guideline adopted by the state board under one (1) of
the following provisions of this title do not apply to a qualified district
or qualified high school:
(1) Provisions that do not apply to school corporations in general.
(2) IC 20-20 (programs administered by the state), except for
IC 20-20-1 (educational service centers).
(3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
continuing education), IC 20-28-4-8 (hiring of transition to
teaching participants; restrictions), IC 20-28-4-11 (transition to
teaching participants; school corporation or subject area;
transition to teaching permit), IC 20-28-5-8 (conviction of certain
felonies or misdemeanors; notice and hearing; permanent
revocation of license; data base of school employees who have
been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
(cancellation of teacher contracts), IC 20-28-8 (contracts with
school administrators), IC 20-28-9 (teacher salary and related
payments), IC 20-28-10 (conditions of employment), and
IC 20-28-11.5 (staff performance evaluations).
(4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
IC 20-30-3-4 (patriotic commemorative observances),
IC 20-30-5-13 (human sexuality instructional requirements), and
IC 20-30-5-19 (personal financial responsibility instruction).
(5) IC 20-32 (student standards, assessments, and performance),
except for IC 20-32-4 (graduation requirements), IC 20-32-5
(Indiana statewide testing for educational progress for a school
year ending before July 1, 2018), IC 20-32-5.1 (statewide
assessment program for a school year beginning after June 30,
2018), and IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
improvement and remediation plans).
(6) IC 20-37 (career and technical education).
ES 1—LS 6707/DI 143 22
(b) Notwithstanding any other law, a school corporation may not
receive a decrease in state funding based upon the school corporation's
status as a qualified district or the status of a high school within the
school corporation as a qualified high school, or because of the
implementation of a waiver of a statute or rule that is allowed to be
waived by a qualified district or qualified high school.
SECTION 3. IC 20-24.2-4-4, AS AMENDED BY P.L.250-2023,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. The following provisions of this title and rules
and guidelines adopted under the following provisions of this title
apply to a qualified district or qualified high school:
IC 20-20-1 (educational service centers).
IC 20-23 (organization of school corporations).
IC 20-26 (school corporation general administrative provisions).
IC 20-27 (school transportation).
IC 20-28-3-4 (teacher continuing education).
IC 20-28-4-8 (hiring of transition to teaching participants;
restrictions).
IC 20-28-4-11 (transition to teaching participants; school
corporation or subject area; transition to teaching permit).
IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
notice and hearing; permanent revocation of license; data base of
school employees who have been reported).
IC 20-28-6 (teacher contracts).
IC 20-28-7.5 (cancellation of teacher contracts).
IC 20-28-8 (contracts with school administrators).
IC 20-28-9 (teacher salary and related payments).
IC 20-28-10 (conditions of employment).
IC 20-28-11.5 (staff performance evaluations).
IC 20-29 (collective bargaining for teachers).
IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
IC 20-30-5-13 (human sexuality instructional requirements).
IC 20-30-5-19 (personal financial responsibility instruction).
IC 20-31 (accountability for school performance and
improvement).
IC 20-32-4, IC 20-32-5 (for a school year beginning before July
1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
2018), and IC 20-32-8 (accreditation, assessment, and
remediation), or any other statute, rule, or guideline related to
standardized assessments.
IC 20-32-8.5 (reading improvement and remediation plans).
ES 1—LS 6707/DI 143 23
IC 20-33 (students: general provisions).
IC 20-34-3 (health and safety measures).
IC 20-35 (special education).
IC 20-35.5 (dyslexia screening and intervention).
IC 20-36 (high ability students).
IC 20-39 (accounting and financial reporting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction and
learning).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state
advances and loans).
IC 20-50 (homeless children and foster care children).
SECTION 4. IC 20-26.5-2-3, AS AMENDED BY P.L.201-2023,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Notwithstanding any other
law, the following may be suspended for a coalition member in
accordance with the coalition's plan:
(1) Subject to section 1(c) of this chapter, IC 20-30, concerning
curriculum.
(2) The following statutes and rules concerning curricular
materials:
IC 20-26-12-1, except for the provision of curricular materials
at no cost to a student in a public school.
IC 20-26-12-2, except for the prohibition of renting curricular
materials to students enrolled in a public school.
IC 20-26-12-24.
511 IAC 6.1-5-5.
(3) The following rules concerning teacher licenses:
511 IAC 16.
511 IAC 17.
(4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
of academic standards).
(5) IC 20-31-4.1, concerning the performance based accreditation
system.
(6) Except as provided in subsection (b), any other statute in
IC 20 or rule in 511 IAC requested to be suspended as part of the
ES 1—LS 6707/DI 143 24
plan that is approved by the state board under section 1 of this
chapter.
(b) A coalition member may not suspend under subsection (a)(6)
any of the following:
(1) IC 20-26-5-10 (criminal history and child protection index
check).
(2) IC 20-28 (school teachers).
(3) IC 20-29 (collective bargaining).
(4) IC 20-31 (accountability for performance and improvement),
except for IC 20-31-3 and IC 20-31-4.1.
(5) Subject to subsection (c), IC 20-32-4 (graduation
requirements).
(6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program).
(7) IC 20-32-8.5 (reading improvement and remediation
plans).
(7) (8) IC 20-33 (students).
(8) (9) IC 20-34 (student health and safety measures).
(9) (10) IC 20-35 (special education).
(10) (11) IC 20-35.5 (dyslexia screening and intervention).
(11) (12) IC 20-36 (high ability students).
(12) (13) IC 20-39 (accounting and financial reporting
procedures).
(13) (14) IC 20-40 (government funds and accounts).
(14) (15) IC 20-41 (extracurricular funds and accounts).
(15) (16) IC 20-42 (fiduciary funds and accounts).
(16) (17) IC 20-42.5 (allocation of expenditures to student
instruction and learning).
(17) (18) IC 20-43 (state tuition support).
(18) (19) IC 20-44 (property tax levies).
(19) (20) IC 20-46 (levies other than general fund levies).
(20) (21) IC 20-47 (related entities; holding companies; lease
agreements).
(21) (22) IC 20-48 (borrowing and bonds).
(22) (23) IC 20-49 (state management of common school funds;
state advances and loans).
(23) (24) IC 20-50 (homeless children and foster care children).
(c) A coalition member must comply with the postsecondary
readiness competency requirements under IC 20-32-4-1.5(b)(1).
However, notwithstanding any other law, a coalition member may
replace high school courses on the high school transcript with courses
on the same subject matter with equal or greater rigor to the required
ES 1—LS 6707/DI 143 25
high school course and may count such a course as satisfying the
equivalent diploma requirements established by IC 20 and any
applicable state board administrative rules or requirements. If the
coalition member school offers courses that are not aligned with
requirements adopted by the state board under IC 20-30-10, a parent of
a student and the student who intends to enroll in a course that is not
aligned with requirements adopted by the state board under
IC 20-30-10 must provide consent to the coalition member school to
enroll in the course. The consent form used by the coalition, which
shall be developed in collaboration with the commission for higher
education, must notify the parent and the student that enrollment in the
course may affect the student's ability to attend a particular
postsecondary educational institution or enroll in a particular course at
a particular postsecondary educational institution because the course
does not align with requirements established by the state board under
IC 20-30-10.".
Page 2, line 31, delete "The state" and insert "Subject to subsection
(b), the state".
Page 3, line 5, delete "board." and insert "board under
IC 20-32-8.5-2.".
Page 3, line 14, delete "board." and insert "board under
IC 20-32-8.5-2.".
Page 3, line 27, delete "board." and insert "board under
IC 20-32-8.5-2.
(c) A summer school course described in subsection (b) must be
taught by a teacher who is trained in the science of reading as
determined by the department.
SECTION 7. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. A school or group of schools that
submits an application under section 4 of this chapter may not request
to waive any of the following provisions:
IC 20-24-8-2 (prohibited acts).
IC 20-26-5-10 (criminal history and child protection index check).
IC 20-26-12-1 (curricular material purchase and provision; public
school students).
IC 20-26-12-2 (curricular material purchase and rental).
IC 20-27-7 (school bus inspection and registration).
IC 20-27-8-1 (school bus drivers and monitors).
IC 20-27-8-2 (school bus driver driving summary).
IC 20-27-10-3 (capacity of school bus).
IC 20-28 (school teachers).
ES 1—LS 6707/DI 143 26
IC 20-29 (collective bargaining).
IC 20-30-5-0.5 (display of United States flag; Pledge of
Allegiance).
IC 20-30-5-1 (constitutions).
IC 20-30-5-2 (constitutions; interdisciplinary course).
IC 20-30-5-3 (protected writings).
IC 20-30-5-4 (American history).
IC 20-30-5-4.5 (moment of silence).
IC 20-30-5-5 (morals instruction).
IC 20-30-5-6 (good citizenship instruction).
IC 20-30-5-13 (human sexuality instructional requirements).
IC 20-30-5-17 (access to materials; consent for participation).
IC 20-30-5-21 (contrary student instruction not permitted).
IC 20-30-5-22 (Indiana studies).
IC 20-31 (accountability for performance and improvement).
IC 20-32-4 (graduation requirements).
IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program).
IC 20-32-8.5 (reading improvement and remediation plans).
IC 20-33-1 (equal educational opportunity).
IC 20-34 (student health and safety measures).
IC 20-35 (special education).
IC 20-35.5 (dyslexia screening and intervention).
IC 20-36 (high ability students).
IC 20-39 (accounting and financial reporting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42 (fiduciary funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction and
learning).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state
advances and loans).
IC 20-50 (homeless children and foster care children).
IC 20-51 (school scholarships).".
Page 6, delete lines 12 through 19, begin a new paragraph and
insert:
"(k) This subsection applies to:
ES 1—LS 6707/DI 143 27
(1) a public school, including a charter school;
(2) a state accredited nonpublic school; and
(3) an eligible school (as defined in IC 20-51-1-4.7).
An elementary school shall administer an assessment described in
subsection (b)(2) to students in kindergarten through grade 2 who
are not on track for reading proficiency by grade 3 as determined
by the department. The department shall provide guidance as to
the number of times the assessment is required and when the
administrations of the assessment should occur.".
Page 6, line 37, strike "require".
Page 6, line 37, after "action" insert "is required".
Page 6, line 37, after "for" strike "the" and insert "a".
Page 7, line 2, delete "board;" and insert "board after the student
has had an opportunity to retake the determinant evaluation in the
summer;".
Page 7, line 10, delete "or".
Page 7, line 11, delete "guardian".
Page 8, delete lines 7 though 8, begin a new line double block
indented and insert:
"(B) Employment of the following:
(i) Before July 1, 2025, an instructional coach who is
trained in the science of reading, as determined by the
department. This item expires January 1, 2026.
(ii) After June 30, 2025, an instructional coach with a
literacy related endorsement who is trained in the science
of reading.".
Page 9, line 10, after "statewide" insert "summative".
Page 9, line 11, delete " retained under subsection (c)(4)" and insert
"subject to the retention requirement as provided under (c)".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
(Reference is to SB 1 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
ES 1—LS 6707/DI 143 28
COMMITTEE REPORT
Madam President: The Senate Committee on Appropriations, to
which was referred Senate Bill No. 1, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill be AMENDED as follows:
Page 7, line 7, after "courses" insert "that include curriculum
aligned with the science of reading".
Page 7, line 16, after "courses" insert "that include curriculum
aligned with the science of reading".
Page 7, delete lines 36 through 38, begin a new paragraph and
insert:
"(c) A summer school course described in subsection (b) must:
(1) be taught by a teacher who is trained in the science of
reading as determined by the department; and
(2) use curriculum aligned with the science of reading.".
Page 15, line 3, after "instruction" insert "that is aligned with the
science of reading".
and when so amended that said bill do pass.
(Reference is to SB 1 as printed January 19, 2024.)
MISHLER, Chairperson
Committee Vote: Yeas 8, Nays 3.
_____
SENATE MOTION
Madam President: I move that Senate Bill 1 be amended to read as
follows:
Page 7, line 6, delete "distribution formula shall ensure" and insert
"board shall give".
Page 7, line 7, after "reimbursement" insert ", which must be
exempt from the distribution formula adopted by the state board
under subsection (a),".
Page 7, between lines 41 and 42, begin a new paragraph and insert:
"(d) If a student described in subsection (b) does not achieve at
least a ninety percent (90%) attendance rate in a summer reading
course described in subsection (b), the student shall participate in
an individual reading plan aligned with the science of reading in
the following school year.".
ES 1—LS 6707/DI 143 29
Page 13, between lines 26 and 27, begin a new line block indented
and insert:
"(8) A requirement that a school report the following to the
department:
(A) The literacy interventions that will be used for students
in grade 2 who are at risk of not being reading proficient
and students in grade 3 who do not achieve a valid passing
score on the determinant evaluation of reading skills
approved by the state board.
(B) The literacy interventions in use before the adoption of
the plan for students in grade 2 who are at risk of not being
reading proficient and students in grade 3 who do not
achieve a valid passing score on the determinant
evaluation of reading skills approved by the state board.
(C) The literacy interventions in use before the adoption of
the plan for students who do not achieve a valid passing
score on the determinant evaluation of reading skills
approved by the state board.
(D) The number of students being served by the
interventions described in clauses (B) and (C).
(E) The cost of providing the interventions described in
clauses (B) and (C).
(F) Any other information requested by the department.".
Page 13, line 27, delete "(8)" and insert "(9)".
Page 14, line 7, delete "(9)" and insert "(10)".
Page 15, between lines 3 and 4, begin a new line block indented and
insert:
"(5) The student:
(A) has received intensive intervention as determined by
the department in reading for two (2) or more years; and
(B) was retained in kindergarten, grade 1, or grade 2 and
was enrolled in any of the earlier grades for two (2)
years.".
(Reference is to SB 1 as printed January 26, 2024.)
ROGERS
ES 1—LS 6707/DI 143 30
SENATE MOTION
Madam President: I move that Senate Bill 1 be amended to read as
follows:
Page 15, after line 8, begin a new paragraph and insert:
"SECTION 15. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
school or the equivalent authority of a charter school, state
accredited nonpublic school, or eligible school (as defined in
IC 20-51-1-4.7) shall establish a procedure that allows a parent of
a student who:
(1) has been retained in grade 3 under the plan; and
(2) would not be subject to retention for other reasons;
to appeal the student's retention if the parent believes the student
meets an exception under section 2(c) of this chapter.".
Renumber all SECTIONS consecutively.
(Reference is to SB 1 as printed January 26, 2024.)
FORD J.D.
_____
SENATE MOTION
Madam President: I move that Senate Bill 1 be amended to read as
follows:
Page 15, after line 8, begin a new paragraph and insert:
"(e) This subsection applies after June 30, 2024. Before October
1 of each school year the department shall:
(1) identify each incoming student (as defined in section 0.7 of
this chapter) enrolled in kindergarten in a school in Indiana;
and
(2) notify the parent or guardian of the student of the
retention requirement under this chapter for grade 3 students
who do not achieve a passing score on the Indiana reading
evaluation and determination (IRead3).".
(Reference is to SB 1 as printed January 26, 2024.)
YODER
ES 1—LS 6707/DI 143 31
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 1, 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 6, between lines 34 and 35, begin a new paragraph and insert:
"SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
board shall establish and require a literacy endorsement for individuals
first licensed after June 30, 2025, to teach a content area involving
literacy instruction, including special education, in prekindergarten
through grade 5.
(b) Except as provided in section 19.8(a) of this chapter,
beginning July 1, 2025, 2027, the department may not renew a
practitioner license or an accomplished practitioner license, or a
comparable license under prior rules, issued to an individual who,
(1) is first licensed after June 30, 2025; and
(2) based on the content area for which the individual is licensed,
including special education, provides literacy instruction to
students in prekindergarten through grade 5
unless the individual receives a literacy endorsement under this section.
(c) To be eligible to receive a literacy endorsement, an individual
must meet the following:
(1) Complete eighty (80) hours of evidence based professional
development that is:
(A) aligned to the science of reading; and
(B) provided by an organization accredited by the International
Dyslexia Association; and
(C) (B) approved by the department.
(2) Demonstrate proficiency in scientifically based reading
instruction skills aligned to the science of reading on a written
examination or through other procedures prescribed by the
department in accordance with this section.
(d) Of The eighty (80) hours of evidence based professional
development required under subsection (c)(1), at least forty (40) hours
must be completed through live sessions, which may be attended in
person or virtually, taught by a certified facilitator. (c)(1) must provide
individualized and on demand support. The evidence based
professional development required under subsection (c)(1) must:
(1) promote explicit, systematic, and cumulative instruction as the
ES 1—LS 6707/DI 143 32
primary approach to literacy instruction;
(2) promote an understanding of how language, reading, and
writing relate to each other;
(3) promote strategies for differentiated instruction for:
(A) students with:
(i) reading difficulties; or
(ii) disabilities; and
(B) English language learners;
(4) focus on phonemic awareness, phonics, fluency, vocabulary,
and comprehension; and
(5) allow participants to implement the strategies into a classroom
environment with the opportunity for feedback throughout the
professional development experience.
(e) The written examination required under subsection (c)(2) shall
ensure the individual demonstrates the ability to:
(1) effectively teach foundational reading skills, phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(2) implement reading instruction using high quality instructional
materials aligned to the science of reading; and
(3) provide effective instruction and interventions for students
with reading deficiencies.
(f) The department shall approve and provide the evidence based
professional development necessary for an individual to receive a
literacy endorsement under this section.
(g) The department shall establish the procedure for an existing
teacher to add the literacy endorsement established under this section
to the teacher's license.
(h) The state board shall adopt rules under IC 4-22-2 to do the
following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (c)(2).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
in section 19.7(b) of this chapter who cannot comply with the
requirements of section 19.7 of this chapter may apply for a waiver
from the department in a form and manner prescribed by the
department.
(b) Subject to subsection (d), if the department determines that
an individual described in subsection (a) cannot comply with the
ES 1—LS 6707/DI 143 33
requirements of section 19.7 of this chapter, the department may
grant the individual a waiver that provides an exception to the
requirements.
(c) The department may grant a waiver under this section to an
individual that:
(1) is not more than one (1) year; and
(2) does not extend beyond July 1, 2028.
However the department may extend the waiver described in this
subsection if the department determines a hardship exists for the
individual in meeting the requirements under section 19.7 of this
chapter.
(d) Before the department may grant a waiver under this
section, the department shall submit a report not later than
December 1, 2026, to the legislative council in an electronic format
under IC 5-14-6 that contains the following information:
(1) The progress made by the department toward the
requirements in section 19.7 of this chapter.
(2) The progress made by the department toward the goal of
student literacy in Indiana.
(3) Barriers and challenges that remain for all individuals
described in section 19.7(b) of this chapter to achieving the
requirements of section 19.7 of this chapter.
(4) The reasons the department's waiver authority under this
section is necessary.
(5) Any other recommendations the department may have for
educators, communities, parents, schools, teacher preparation
programs, and the general assembly for achieving:
(A) full compliance with the requirements of section 19.7
of this chapter; and
(B) student literacy goals of the state.".
Page 7, line 40, delete "teacher" and insert "teacher, instructor, or
tutor".
Page 7, line 42, after "curriculum" insert "or intervention
materials".
Page 9, between lines 37 and 38, begin a new paragraph and insert:
"SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The state board shall:
(1) authorize and oversee the department's development and
implementation of the Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program, including:
(A) establishment of criteria for requests for proposals for
ES 1—LS 6707/DI 143 34
statewide assessments developed or authorized under this
chapter;
(B) establishment of criteria for membership of evaluation
teams; and
(C) establishment of criteria for content and format of the
statewide assessment; and
(2) require the department to conduct ongoing analysis of whether
the statewide assessment results are predictive of success in
college and career training programs.
(b) The passing scores on a statewide assessment must be
determined by statistically valid and reliable methods as determined by
independent experts selected by the state board.
(c) The state board, in consultation with The Arc of Indiana and
Indiana Council of Administrators of Special Education (ICASE), shall
select one (1) or more individuals who specialize in special education
who shall, in turn, be consulted with by the state board as part of the
state board's oversight of the development and implementation of the
Indiana's Learning Evaluation Assessment Readiness Network
(ILEARN) program.
(d) The secretary of education, with the approval of the state board,
is responsible for the development, implementation, and monitoring of
the Indiana's Learning Evaluation Assessment Readiness Network
(ILEARN) program.
(e) The department shall prepare detailed design specifications for
the statewide assessment developed under this chapter that must do the
following:
(1) Take into account the academic standards adopted under
IC 20-31-3.
(2) Include testing of students' higher level cognitive thinking in
each subject area tested.
(f) A statewide assessment described in section 7 of this chapter
may be in a form that allows the department and the state board, to the
extent possible, to compare the proficiency of Indiana students to the
proficiency of students in other states. A statewide assessment may
consist of original test items for Indiana's exclusive use if the state
board determines that:
(1) developing original test items for Indiana's exclusive use will
result in cost savings; or
(2) it would be impractical to develop a statewide assessment
adequately aligned to Indiana's academic standards without
including original test items developed for Indiana's exclusive
use.
ES 1—LS 6707/DI 143 35
(g) The state board shall establish a method for virtual
administration of the statewide assessment described in section 7
of this chapter.".
Page 12, line 7, delete "grade 2 who" and insert "grade 2.".
Page 12, delete line 8.
Page 12, line 9, delete "by the department.".
Page 15, delete lines 34 through 35, begin a new line double block
indented and insert:
"(B) was retained more than one (1) time throughout
kindergarten, grade 1, or grade 2.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 1 as reprinted January 30, 2024.)
BEHNING
Committee Vote: yeas 9, nays 4.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Engrossed Senate Bill 1, 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:
Replace the effective date in SECTION 7 with "[EFFECTIVE
UPON PASSAGE]".
Page 10, line 13, delete "A" and insert "Beginning with the
2024-2025 school year, a".
Page 14, line 9, strike "and".
Page 14, line 13, after "expert" delete "." and insert ";".
Page 14, between lines 13 and 14, begin a new line double block
indented and insert:
"(D) screens for early literacy skill deficits;
(E) provides parents and schools with data analysis guides
for interpreting results and comprehensive support for
schools to guide classroom instruction and the
implementation of reading interventions; and
(F) provides the department with an annual analysis of
statewide data trends to support identification of early
ES 1—LS 6707/DI 143 36
literacy skill deficits and guides targeted intervention
efforts.
However, the department may not approve more than four (4)
assessments under this subdivision.".
Page 15, line 35, delete "(b)(2). The" and insert "(b)(2) for use by
schools in which fewer than seventy percent (70%) of students in
the school achieved a valid passing score on the determinant
evaluation of reading skills approved by the state board.".
Page 15, delete lines 36 through 37.
Page 18, between lines 26 and 27, begin a new line double block
indented and insert:
"(D) Use of a screener procured under IC 20-32-5.1-17(j)".
Page 19, after line 42, begin a new paragraph and insert:
"(f) The department shall establish a standard reporting process
and reporting window for schools to report students who qualify
for an exemption under subsection (c).".
Page 20, after line 11, begin a new paragraph and insert:
"SECTION 19. An emergency is declared for this act.".
and when so amended that said bill do pass.
(Reference is to ESB 1 as printed February 15, 2024.)
THOMPSON
Committee Vote: yeas 12, nays 9.
ES 1—LS 6707/DI 143