Indiana 2024 Regular Session

Indiana Senate Bill SB0001 Compare Versions

OldNewDifferences
1+*ES0001.3*
2+Reprinted
3+February 27, 2024
4+ENGROSSED
5+SENATE BILL No. 1
6+_____
7+DIGEST OF SB 1 (Updated February 26, 2024 3:55 pm - DI 154)
8+Citations Affected: IC 20-24; IC 20-24.2; IC 20-26.5; IC 20-28;
9+IC 20-30; IC 20-31; IC 20-32.
10+Synopsis: Reading skills. Provides that the department of education
11+(department) may grant certain individuals a waiver that provides an
12+exception to the literacy endorsement requirements if the department
13+(Continued next page)
14+Effective: Upon passage; July 1, 2024.
15+Rogers, Raatz, Buchanan, Garten, Donato,
16+Crane, Deery, Johnson T, Holdman, Doriot,
17+Brown L, Gaskill, Carrasco, Alexander,
18+Charbonneau, Messmer, Walker K, Glick,
19+Byrne, Niemeyer, Maxwell, Buck, Koch,
20+Busch, Leising, Dernulc, Crider, Freeman,
21+Becker, Goode, Baldwin
22+(HOUSE SPONSORS — TESHKA, BEHNING, KING, DAVIS)
23+January 16, 2024, read first time and referred to Committee on Education and Career
24+Development.
25+January 18, 2024, amended, reported favorably — Do Pass; reassigned to Committee on
26+Appropriations.
27+January 25, 2024, amended, reported favorably — Do Pass.
28+January 29, 2024, read second time, amended, ordered engrossed.
29+January 30, 2024, engrossed.
30+February 1, 2024, read third time, passed. Yeas 36, nays 13.
31+HOUSE ACTION
32+February 12, 2024, read first time and referred to Committee on Education.
33+February 15, 2024, amended, reported — Do Pass. Referred to Committee on Ways and
34+Means pursuant to Rule 127.
35+February 22, 2024, amended, reported — Do Pass.
36+February 26, 2024, read second time, amended, ordered engrossed.
37+ES 1—LS 6707/DI 143 Digest Continued
38+submits a report to the legislative council by a specified date. Requires
39+certain schools, beginning with the 2024-2025 school year, to offer
40+summer school courses for students who are not reading proficient or
41+are at risk of not being reading proficient as indicated on the
42+determinant evaluation of reading skills approved by the state board of
43+education (evaluation). Expands eligibility for funding for summer
44+school courses. Requires certain summer school courses to be taught
45+by a teacher, instructor, or tutor who is trained in the science of
46+reading. Provides that if a student does not achieve a 90% attendance
47+rate in a summer reading course, the student is required to participate
48+in an individual reading plan in the following school year. Requires the
49+department of education to procure a universal screening assessment
50+(assessment) that meets certain criteria. Requires certain schools to
51+administer the assessment to students in kindergarten through grade 2
52+who are not on track for reading proficiency by grade 3 as determined
53+by the department. Requires the state board of education to establish a
54+method for virtual administration of the ILEARN statewide assessment.
55+Provides that a vendor must supply a student's assessment results to the
56+student and the student's parents. Applies the reading deficiency
57+remediation plan (plan) to public schools, charter schools, state
58+accredited nonpublic schools, and eligible schools. Makes the
59+following changes to the plan: (1) Beginning with evaluations
60+administered in the 2024-2025 school year, requires retention of a
61+student in grade 3 in addition to remediation if the student has not
62+achieved a passing score on the evaluation. (2) Requires schools to
63+notify a student's parent of certain assessment results, interventions, or
64+remedial actions provided to the student. (3) Requires schools to
65+monitor the progress of students who have failed to achieve a passing
66+score on the evaluation or the statewide assessment program test. (4)
67+Requires schools to provide reading instruction aligned with the
68+science of reading to all students in kindergarten through grade 8. (5)
69+Requires schools to administer the evaluation to students who are in
70+grade 2. (6) Requires a student to take the evaluation until certain
71+conditions are met. (7) Requires school reporting on interventions for
72+certain students at risk of not being reading proficient and for certain
73+students who do not a achieve a valid passing score on the determinant
74+evaluation of reading skills. Creates exceptions to the grade 3 retention
75+requirement for a student who meets certain criteria. Requires the
76+governing body of a school to establish a procedure allowing a parent
77+or guardian of a student to appeal the student's retention under the plan.
78+Requires the department to notify the parent or guardian of a child
79+enrolled in kindergarten of the retention requirements under the plan.
80+ES 1—LS 6707/DI 143ES 1—LS 6707/DI 143 Reprinted
81+February 27, 2024
182 Second Regular Session of the 123rd General Assembly (2024)
283 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
384 Constitution) is being amended, the text of the existing provision will appear in this style type,
485 additions will appear in this style type, and deletions will appear in this style type.
586 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
687 provision adopted), the text of the new provision will appear in this style type. Also, the
788 word NEW will appear in that style type in the introductory clause of each SECTION that adds
889 a new provision to the Indiana Code or the Indiana Constitution.
990 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1091 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 1
12-AN ACT to amend the Indiana Code concerning education.
92+ENGROSSED
93+SENATE BILL No. 1
94+A BILL FOR AN ACT to amend the Indiana Code concerning
95+education.
1396 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 20-24-8-5, AS AMENDED BY P.L.201-2023,
15-SECTION 157, IS AMENDED TO READ AS FOLLOWS
16-[EFFECTIVE JULY 1, 2024]: Sec. 5. The following statutes and rules
17-and guidelines adopted under the following statutes apply to a charter
18-school:
19-(1) IC 5-11-1-9 (required audits by the state board of accounts).
20-(2) IC 20-39-1-1 (unified accounting system).
21-(3) IC 20-35 (special education).
22-(4) IC 20-26-5-10 (criminal history).
23-(5) IC 20-26-5-6 (subject to laws requiring regulation by state
24-agencies).
25-(6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
26-(7) IC 20-28-10-14 (teacher freedom of association).
27-(8) IC 20-28-10-17 (school counselor immunity).
28-(9) For conversion charter schools only if the conversion charter
29-school elects to collectively bargain under IC 20-24-6-3(b),
30-IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
31-IC 20-28-10.
32-(10) IC 20-33-2 (compulsory school attendance).
33-(11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
34-due process and judicial review).
35-(12) IC 20-33-8-16 (firearms and deadly weapons).
36-(13) IC 20-34-3 (health and safety measures).
37-SEA 1 — Concur 2
38-(14) IC 20-33-9 (reporting of student violations of law).
39-(15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
40-observances).
41-(16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending
42-before July 1, 2018), IC 20-32-5.1 (for a school year beginning
43-after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided
44-in IC 20-32-8.5-2(b) IC 20-32-8.5-2 (academic standards,
45-accreditation, assessment, and remediation).
46-(17) IC 20-33-7 (parental access to education records).
47-(18) IC 20-31 (accountability for school performance and
48-improvement).
49-(19) IC 20-30-5-19 (personal financial responsibility instruction).
50-(20) IC 20-26-5-37.3, before its expiration (career and technical
51-education reporting).
52-(21) IC 20-35.5 (dyslexia screening and intervention).
53-(22) IC 22-2-18, before its expiration on June 30, 2021
54-(limitations on employment of minors).
55-(23) IC 20-26-12-1 (curricular material purchase and provision;
56-public school students).
57-(24) IC 20-26-12-2 (curricular material purchase and rental).
58-SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
97+1 SECTION 1. IC 20-24-8-5, AS AMENDED BY P.L.201-2023,
98+2 SECTION 157, IS AMENDED TO READ AS FOLLOWS
99+3 [EFFECTIVE JULY 1, 2024]: Sec. 5. The following statutes and rules
100+4 and guidelines adopted under the following statutes apply to a charter
101+5 school:
102+6 (1) IC 5-11-1-9 (required audits by the state board of accounts).
103+7 (2) IC 20-39-1-1 (unified accounting system).
104+8 (3) IC 20-35 (special education).
105+9 (4) IC 20-26-5-10 (criminal history).
106+10 (5) IC 20-26-5-6 (subject to laws requiring regulation by state
107+11 agencies).
108+12 (6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
109+13 (7) IC 20-28-10-14 (teacher freedom of association).
110+14 (8) IC 20-28-10-17 (school counselor immunity).
111+15 (9) For conversion charter schools only if the conversion charter
112+16 school elects to collectively bargain under IC 20-24-6-3(b),
113+17 IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
114+ES 1—LS 6707/DI 143 2
115+1 IC 20-28-10.
116+2 (10) IC 20-33-2 (compulsory school attendance).
117+3 (11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
118+4 due process and judicial review).
119+5 (12) IC 20-33-8-16 (firearms and deadly weapons).
120+6 (13) IC 20-34-3 (health and safety measures).
121+7 (14) IC 20-33-9 (reporting of student violations of law).
122+8 (15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
123+9 observances).
124+10 (16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending
125+11 before July 1, 2018), IC 20-32-5.1 (for a school year beginning
126+12 after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided
127+13 in IC 20-32-8.5-2(b) IC 20-32-8.5-2 (academic standards,
128+14 accreditation, assessment, and remediation).
129+15 (17) IC 20-33-7 (parental access to education records).
130+16 (18) IC 20-31 (accountability for school performance and
131+17 improvement).
132+18 (19) IC 20-30-5-19 (personal financial responsibility instruction).
133+19 (20) IC 20-26-5-37.3, before its expiration (career and technical
134+20 education reporting).
135+21 (21) IC 20-35.5 (dyslexia screening and intervention).
136+22 (22) IC 22-2-18, before its expiration on June 30, 2021
137+23 (limitations on employment of minors).
138+24 (23) IC 20-26-12-1 (curricular material purchase and provision;
139+25 public school students).
140+26 (24) IC 20-26-12-2 (curricular material purchase and rental).
141+27 SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
142+28 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
143+29 JULY 1, 2024]: Sec. 3. (a) Except as specifically provided in this
144+30 article and section 4 of this chapter, the following provisions of this
145+31 title and a rule or guideline adopted by the state board under one (1) of
146+32 the following provisions of this title do not apply to a qualified district
147+33 or qualified high school:
148+34 (1) Provisions that do not apply to school corporations in general.
149+35 (2) IC 20-20 (programs administered by the state), except for
150+36 IC 20-20-1 (educational service centers).
151+37 (3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
152+38 continuing education), IC 20-28-4-8 (hiring of transition to
153+39 teaching participants; restrictions), IC 20-28-4-11 (transition to
154+40 teaching participants; school corporation or subject area;
155+41 transition to teaching permit), IC 20-28-5-8 (conviction of certain
156+42 felonies or misdemeanors; notice and hearing; permanent
157+ES 1—LS 6707/DI 143 3
158+1 revocation of license; data base of school employees who have
159+2 been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
160+3 (cancellation of teacher contracts), IC 20-28-8 (contracts with
161+4 school administrators), IC 20-28-9 (teacher salary and related
162+5 payments), IC 20-28-10 (conditions of employment), and
163+6 IC 20-28-11.5 (staff performance evaluations).
164+7 (4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
165+8 IC 20-30-3-4 (patriotic commemorative observances),
166+9 IC 20-30-5-13 (human sexuality instructional requirements), and
167+10 IC 20-30-5-19 (personal financial responsibility instruction).
168+11 (5) IC 20-32 (student standards, assessments, and performance),
169+12 except for IC 20-32-4 (graduation requirements), IC 20-32-5
170+13 (Indiana statewide testing for educational progress for a school
171+14 year ending before July 1, 2018), IC 20-32-5.1 (statewide
172+15 assessment program for a school year beginning after June 30,
173+16 2018), and IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
174+17 improvement and remediation plans).
175+18 (6) IC 20-37 (career and technical education).
176+19 (b) Notwithstanding any other law, a school corporation may not
177+20 receive a decrease in state funding based upon the school corporation's
178+21 status as a qualified district or the status of a high school within the
179+22 school corporation as a qualified high school, or because of the
180+23 implementation of a waiver of a statute or rule that is allowed to be
181+24 waived by a qualified district or qualified high school.
182+25 SECTION 3. IC 20-24.2-4-4, AS AMENDED BY P.L.250-2023,
183+26 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
184+27 JULY 1, 2024]: Sec. 4. The following provisions of this title and rules
185+28 and guidelines adopted under the following provisions of this title
186+29 apply to a qualified district or qualified high school:
187+30 IC 20-20-1 (educational service centers).
188+31 IC 20-23 (organization of school corporations).
189+32 IC 20-26 (school corporation general administrative provisions).
190+33 IC 20-27 (school transportation).
191+34 IC 20-28-3-4 (teacher continuing education).
192+35 IC 20-28-4-8 (hiring of transition to teaching participants;
193+36 restrictions).
194+37 IC 20-28-4-11 (transition to teaching participants; school
195+38 corporation or subject area; transition to teaching permit).
196+39 IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
197+40 notice and hearing; permanent revocation of license; data base of
198+41 school employees who have been reported).
199+42 IC 20-28-6 (teacher contracts).
200+ES 1—LS 6707/DI 143 4
201+1 IC 20-28-7.5 (cancellation of teacher contracts).
202+2 IC 20-28-8 (contracts with school administrators).
203+3 IC 20-28-9 (teacher salary and related payments).
204+4 IC 20-28-10 (conditions of employment).
205+5 IC 20-28-11.5 (staff performance evaluations).
206+6 IC 20-29 (collective bargaining for teachers).
207+7 IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
208+8 observances).
209+9 IC 20-30-5-13 (human sexuality instructional requirements).
210+10 IC 20-30-5-19 (personal financial responsibility instruction).
211+11 IC 20-31 (accountability for school performance and
212+12 improvement).
213+13 IC 20-32-4, IC 20-32-5 (for a school year beginning before July
214+14 1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
215+15 2018), and IC 20-32-8 (accreditation, assessment, and
216+16 remediation), or any other statute, rule, or guideline related to
217+17 standardized assessments.
218+18 IC 20-32-8.5 (reading improvement and remediation plans).
219+19 IC 20-33 (students: general provisions).
220+20 IC 20-34-3 (health and safety measures).
221+21 IC 20-35 (special education).
222+22 IC 20-35.5 (dyslexia screening and intervention).
223+23 IC 20-36 (high ability students).
224+24 IC 20-39 (accounting and financial reporting procedures).
225+25 IC 20-40 (government funds and accounts).
226+26 IC 20-41 (extracurricular funds and accounts).
227+27 IC 20-42.5 (allocation of expenditures to student instruction and
228+28 learning).
229+29 IC 20-43 (state tuition support).
230+30 IC 20-44 (property tax levies).
231+31 IC 20-46 (levies other than general fund levies).
232+32 IC 20-47 (related entities; holding companies; lease agreements).
233+33 IC 20-48 (borrowing and bonds).
234+34 IC 20-49 (state management of common school funds; state
235+35 advances and loans).
236+36 IC 20-50 (homeless children and foster care children).
237+37 SECTION 4. IC 20-26.5-2-3, AS AMENDED BY P.L.201-2023,
238+38 SECTION 167, IS AMENDED TO READ AS FOLLOWS
239+39 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Notwithstanding any other
240+40 law, the following may be suspended for a coalition member in
241+41 accordance with the coalition's plan:
242+42 (1) Subject to section 1(c) of this chapter, IC 20-30, concerning
243+ES 1—LS 6707/DI 143 5
244+1 curriculum.
245+2 (2) The following statutes and rules concerning curricular
246+3 materials:
247+4 IC 20-26-12-1, except for the provision of curricular materials
248+5 at no cost to a student in a public school.
249+6 IC 20-26-12-2, except for the prohibition of renting curricular
250+7 materials to students enrolled in a public school.
251+8 IC 20-26-12-24.
252+9 511 IAC 6.1-5-5.
253+10 (3) The following rules concerning teacher licenses:
254+11 511 IAC 16.
255+12 511 IAC 17.
256+13 (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
257+14 of academic standards).
258+15 (5) IC 20-31-4.1, concerning the performance based accreditation
259+16 system.
260+17 (6) Except as provided in subsection (b), any other statute in
261+18 IC 20 or rule in 511 IAC requested to be suspended as part of the
262+19 plan that is approved by the state board under section 1 of this
263+20 chapter.
264+21 (b) A coalition member may not suspend under subsection (a)(6)
265+22 any of the following:
266+23 (1) IC 20-26-5-10 (criminal history and child protection index
267+24 check).
268+25 (2) IC 20-28 (school teachers).
269+26 (3) IC 20-29 (collective bargaining).
270+27 (4) IC 20-31 (accountability for performance and improvement),
271+28 except for IC 20-31-3 and IC 20-31-4.1.
272+29 (5) Subject to subsection (c), IC 20-32-4 (graduation
273+30 requirements).
274+31 (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
275+32 Readiness Network (ILEARN) program).
276+33 (7) IC 20-32-8.5 (reading improvement and remediation
277+34 plans).
278+35 (7) (8) IC 20-33 (students).
279+36 (8) (9) IC 20-34 (student health and safety measures).
280+37 (9) (10) IC 20-35 (special education).
281+38 (10) (11) IC 20-35.5 (dyslexia screening and intervention).
282+39 (11) (12) IC 20-36 (high ability students).
283+40 (12) (13) IC 20-39 (accounting and financial reporting
284+41 procedures).
285+42 (13) (14) IC 20-40 (government funds and accounts).
286+ES 1—LS 6707/DI 143 6
287+1 (14) (15) IC 20-41 (extracurricular funds and accounts).
288+2 (15) (16) IC 20-42 (fiduciary funds and accounts).
289+3 (16) (17) IC 20-42.5 (allocation of expenditures to student
290+4 instruction and learning).
291+5 (17) (18) IC 20-43 (state tuition support).
292+6 (18) (19) IC 20-44 (property tax levies).
293+7 (19) (20) IC 20-46 (levies other than general fund levies).
294+8 (20) (21) IC 20-47 (related entities; holding companies; lease
295+9 agreements).
296+10 (21) (22) IC 20-48 (borrowing and bonds).
297+11 (22) (23) IC 20-49 (state management of common school funds;
298+12 state advances and loans).
299+13 (23) (24) IC 20-50 (homeless children and foster care children).
300+14 (c) A coalition member must comply with the postsecondary
301+15 readiness competency requirements under IC 20-32-4-1.5(b)(1).
302+16 However, notwithstanding any other law, a coalition member may
303+17 replace high school courses on the high school transcript with courses
304+18 on the same subject matter with equal or greater rigor to the required
305+19 high school course and may count such a course as satisfying the
306+20 equivalent diploma requirements established by IC 20 and any
307+21 applicable state board administrative rules or requirements. If the
308+22 coalition member school offers courses that are not aligned with
309+23 requirements adopted by the state board under IC 20-30-10, a parent of
310+24 a student and the student who intends to enroll in a course that is not
311+25 aligned with requirements adopted by the state board under
312+26 IC 20-30-10 must provide consent to the coalition member school to
313+27 enroll in the course. The consent form used by the coalition, which
314+28 shall be developed in collaboration with the commission for higher
315+29 education, must notify the parent and the student that enrollment in the
316+30 course may affect the student's ability to attend a particular
317+31 postsecondary educational institution or enroll in a particular course at
318+32 a particular postsecondary educational institution because the course
319+33 does not align with requirements established by the state board under
320+34 IC 20-30-10.
321+35 SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
322+36 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
323+37 JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
324+38 board shall establish and require a literacy endorsement for individuals
325+39 first licensed after June 30, 2025, to teach a content area involving
326+40 literacy instruction, including special education, in prekindergarten
327+41 through grade 5.
328+42 (b) Except as provided in section 19.8(a) of this chapter,
329+ES 1—LS 6707/DI 143 7
330+1 beginning July 1, 2025, 2027, the department may not renew a
331+2 practitioner license or an accomplished practitioner license, or a
332+3 comparable license under prior rules, issued to an individual who,
333+4 (1) is first licensed after June 30, 2025; and
334+5 (2) based on the content area for which the individual is licensed,
335+6 including special education, provides literacy instruction to
336+7 students in prekindergarten through grade 5
337+8 unless the individual receives a literacy endorsement under this section.
338+9 (c) To be eligible to receive a literacy endorsement, an individual
339+10 must meet the following:
340+11 (1) Complete eighty (80) hours of evidence based professional
341+12 development that is:
342+13 (A) aligned to the science of reading; and
343+14 (B) provided by an organization accredited by the International
344+15 Dyslexia Association; and
345+16 (C) (B) approved by the department.
346+17 (2) Demonstrate proficiency in scientifically based reading
347+18 instruction skills aligned to the science of reading on a written
348+19 examination or through other procedures prescribed by the
349+20 department in accordance with this section.
350+21 (d) Of The eighty (80) hours of evidence based professional
351+22 development required under subsection (c)(1), at least forty (40) hours
352+23 must be completed through live sessions, which may be attended in
353+24 person or virtually, taught by a certified facilitator. (c)(1) must provide
354+25 individualized and on demand support. The evidence based
355+26 professional development required under subsection (c)(1) must:
356+27 (1) promote explicit, systematic, and cumulative instruction as the
357+28 primary approach to literacy instruction;
358+29 (2) promote an understanding of how language, reading, and
359+30 writing relate to each other;
360+31 (3) promote strategies for differentiated instruction for:
361+32 (A) students with:
362+33 (i) reading difficulties; or
363+34 (ii) disabilities; and
364+35 (B) English language learners;
365+36 (4) focus on phonemic awareness, phonics, fluency, vocabulary,
366+37 and comprehension; and
367+38 (5) allow participants to implement the strategies into a classroom
368+39 environment with the opportunity for feedback throughout the
369+40 professional development experience.
370+41 (e) The written examination required under subsection (c)(2) shall
371+42 ensure the individual demonstrates the ability to:
372+ES 1—LS 6707/DI 143 8
373+1 (1) effectively teach foundational reading skills, phonemic
374+2 awareness, phonics, fluency, vocabulary, and comprehension;
375+3 (2) implement reading instruction using high quality instructional
376+4 materials aligned to the science of reading; and
377+5 (3) provide effective instruction and interventions for students
378+6 with reading deficiencies.
379+7 (f) The department shall approve and provide the evidence based
380+8 professional development necessary for an individual to receive a
381+9 literacy endorsement under this section.
382+10 (g) The department shall establish the procedure for an existing
383+11 teacher to add the literacy endorsement established under this section
384+12 to the teacher's license.
385+13 (h) The state board shall adopt rules under IC 4-22-2 to do the
386+14 following:
387+15 (1) Adopt, validate, and implement the examination or other
388+16 procedures required by subsection (c)(2).
389+17 (2) Establish examination scores indicating proficiency.
390+18 (3) Otherwise carry out the purposes of this section.
391+19 SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
392+20 CODE AS A NEW SECTION TO READ AS FOLLOWS
393+21 [EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
394+22 in section 19.7(b) of this chapter who cannot comply with the
395+23 requirements of section 19.7 of this chapter may apply for a waiver
396+24 from the department in a form and manner prescribed by the
397+25 department.
398+26 (b) Subject to subsection (d), if the department determines that
399+27 an individual described in subsection (a) cannot comply with the
400+28 requirements of section 19.7 of this chapter, the department may
401+29 grant the individual a waiver that provides an exception to the
402+30 requirements.
403+31 (c) The department may grant a waiver under this section to an
404+32 individual that:
405+33 (1) is not more than one (1) year; and
406+34 (2) does not extend beyond July 1, 2028.
407+35 However the department may extend the waiver described in this
408+36 subsection if the department determines a hardship exists for the
409+37 individual in meeting the requirements under section 19.7 of this
410+38 chapter.
411+39 (d) Before the department may grant a waiver under this
412+40 section, the department shall submit a report not later than
413+41 December 1, 2026, to the legislative council in an electronic format
414+42 under IC 5-14-6 that contains the following information:
415+ES 1—LS 6707/DI 143 9
416+1 (1) The progress made by the department toward the
417+2 requirements in section 19.7 of this chapter.
418+3 (2) The progress made by the department toward the goal of
419+4 student literacy in Indiana.
420+5 (3) Barriers and challenges that remain for all individuals
421+6 described in section 19.7(b) of this chapter to achieving the
422+7 requirements of section 19.7 of this chapter.
423+8 (4) The reasons the department's waiver authority under this
424+9 section is necessary.
425+10 (5) Any other recommendations the department may have for
426+11 educators, communities, parents, schools, teacher preparation
427+12 programs, and the general assembly for achieving:
428+13 (A) full compliance with the requirements of section 19.7
429+14 of this chapter; and
430+15 (B) student literacy goals of the state.
431+16 SECTION 7. IC 20-30-7-1, AS AMENDED BY P.L.167-2018,
432+17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433+18 UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (c),
434+19 the state board may prescribe a program of summer school education
435+20 for public schools. Subject to subsection (b), the state board shall
436+21 adopt rules under IC 4-22-2 to provide for:
437+22 (1) summer school programs; and
438+23 (2) the state distribution formula for any money appropriated by
439+24 the general assembly for summer school education to allow for
440+25 the reimbursement for:
441+26 (A) instructional costs; and
442+27 (B) costs of tuition for an applicable online summer school
443+28 course.
444+29 (b) The state board shall give priority reimbursement, which
445+30 must be exempt from the distribution formula adopted by the state
446+31 board under subsection (a), for all eligible costs for summer school
447+32 courses that include curriculum aligned with the science of reading
448+33 designated by the department to support students in:
449+34 (1) grade 2 who are at risk of not being reading proficient;
450+35 and
451+36 (2) grade 3 who are not reading proficient;
452+37 as indicated on the determinant evaluation of reading skills
453+38 approved by the state board under IC 20-32-8.5-2.
454+39 (c) A state accredited nonpublic school and an eligible school (as
455+40 defined in IC 20-51-1-4.7) shall be eligible for summer school
456+41 funding for courses that include curriculum aligned with the
457+42 science of reading designated by the department to support
458+ES 1—LS 6707/DI 143 10
459+1 students in:
460+2 (1) grade 2 who are at risk of not being reading proficient;
461+3 and
462+4 (2) grade 3 who are not reading proficient;
463+5 as indicated on the determinant evaluation of reading skills
464+6 approved by the state board under IC 20-32-8.5-2.
465+7 SECTION 8. IC 20-30-7-13 IS ADDED TO THE INDIANA CODE
466+8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
467+9 1, 2024]: Sec. 13. (a) This section applies to:
468+10 (1) a public school, including a charter school;
469+11 (2) a state accredited nonpublic school; and
470+12 (3) an eligible school (as defined in IC 20-51-1-4.7).
471+13 (b) Beginning with the 2024-2025 school year, a school shall
472+14 offer summer school courses designated by the department to
473+15 support students in:
474+16 (1) grade 2 who are at risk of not being reading proficient;
475+17 and
476+18 (2) grade 3 who are not reading proficient;
477+19 as indicated on the determinant evaluation of reading skills
478+20 approved by the state board under IC 20-32-8.5-2.
479+21 (c) A summer school course described in subsection (b) must:
480+22 (1) be taught by a teacher, instructor, or tutor who is trained
481+23 in the science of reading as determined by the department;
482+24 and
483+25 (2) use curriculum or intervention materials aligned with the
484+26 science of reading.
485+27 (d) If a student described in subsection (b) does not achieve at
486+28 least a ninety percent (90%) attendance rate in a summer reading
487+29 course described in subsection (b), the student shall participate in
488+30 an individual reading plan aligned with the science of reading in
489+31 the following school year.
490+32 SECTION 9. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
491+33 SECTION 169, IS AMENDED TO READ AS FOLLOWS
492+34 [EFFECTIVE JULY 1, 2024]: Sec. 7. A school or group of schools that
493+35 submits an application under section 4 of this chapter may not request
494+36 to waive any of the following provisions:
495+37 IC 20-24-8-2 (prohibited acts).
496+38 IC 20-26-5-10 (criminal history and child protection index check).
497+39 IC 20-26-12-1 (curricular material purchase and provision; public
498+40 school students).
499+41 IC 20-26-12-2 (curricular material purchase and rental).
500+42 IC 20-27-7 (school bus inspection and registration).
501+ES 1—LS 6707/DI 143 11
502+1 IC 20-27-8-1 (school bus drivers and monitors).
503+2 IC 20-27-8-2 (school bus driver driving summary).
504+3 IC 20-27-10-3 (capacity of school bus).
505+4 IC 20-28 (school teachers).
506+5 IC 20-29 (collective bargaining).
507+6 IC 20-30-5-0.5 (display of United States flag; Pledge of
508+7 Allegiance).
509+8 IC 20-30-5-1 (constitutions).
510+9 IC 20-30-5-2 (constitutions; interdisciplinary course).
511+10 IC 20-30-5-3 (protected writings).
512+11 IC 20-30-5-4 (American history).
513+12 IC 20-30-5-4.5 (moment of silence).
514+13 IC 20-30-5-5 (morals instruction).
515+14 IC 20-30-5-6 (good citizenship instruction).
516+15 IC 20-30-5-13 (human sexuality instructional requirements).
517+16 IC 20-30-5-17 (access to materials; consent for participation).
518+17 IC 20-30-5-21 (contrary student instruction not permitted).
519+18 IC 20-30-5-22 (Indiana studies).
520+19 IC 20-31 (accountability for performance and improvement).
521+20 IC 20-32-4 (graduation requirements).
522+21 IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
523+22 Readiness Network (ILEARN) program).
524+23 IC 20-32-8.5 (reading improvement and remediation plans).
525+24 IC 20-33-1 (equal educational opportunity).
526+25 IC 20-34 (student health and safety measures).
527+26 IC 20-35 (special education).
528+27 IC 20-35.5 (dyslexia screening and intervention).
529+28 IC 20-36 (high ability students).
530+29 IC 20-39 (accounting and financial reporting procedures).
531+30 IC 20-40 (government funds and accounts).
532+31 IC 20-41 (extracurricular funds and accounts).
533+32 IC 20-42 (fiduciary funds and accounts).
534+33 IC 20-42.5 (allocation of expenditures to student instruction and
535+34 learning).
536+35 IC 20-43 (state tuition support).
537+36 IC 20-44 (property tax levies).
538+37 IC 20-46 (levies other than general fund levies).
539+38 IC 20-47 (related entities; holding companies; lease agreements).
540+39 IC 20-48 (borrowing and bonds).
541+40 IC 20-49 (state management of common school funds; state
542+41 advances and loans).
543+42 IC 20-50 (homeless children and foster care children).
544+ES 1—LS 6707/DI 143 12
545+1 IC 20-51 (school scholarships).
546+2 SECTION 10. IC 20-32-1-1, AS AMENDED BY P.L.92-2020,
547+3 SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
548+4 JULY 1, 2024]: Sec. 1. Except as provided in IC 20-32-8.5, this
549+5 article applies only to the following:
550+6 (1) Public schools.
551+7 (2) State accredited nonpublic schools.
552+8 SECTION 11. IC 20-32-2-2.1 IS ADDED TO THE INDIANA
553+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
554+10 [EFFECTIVE JULY 1, 2024]: Sec. 2.1. "Retention" means an
555+11 individual repeating the same grade level in a subsequent school
556+12 year that the individual participated in during the immediately
557+13 preceding school year.
558+14 SECTION 12. IC 20-32-2-3, AS AMENDED BY P.L.92-2020,
559+15 SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
560+16 JULY 1, 2024]: Sec. 3. Except as provided in IC 20-32-8.5-0.7,
561+17 "student" means an individual who is enrolled in:
562+18 (1) a public school;
563+19 (2) a state accredited nonpublic school; or
564+20 (3) another nonpublic school that has requested and received from
565+21 the state board specific approval of the school's educational
566+22 program.
567+23 SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
568+24 SECTION 105, IS AMENDED TO READ AS FOLLOWS
569+25 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The state board shall:
570+26 (1) authorize and oversee the department's development and
571+27 implementation of the Indiana's Learning Evaluation Assessment
572+28 Readiness Network (ILEARN) program, including:
573+29 (A) establishment of criteria for requests for proposals for
574+30 statewide assessments developed or authorized under this
575+31 chapter;
576+32 (B) establishment of criteria for membership of evaluation
577+33 teams; and
578+34 (C) establishment of criteria for content and format of the
579+35 statewide assessment; and
580+36 (2) require the department to conduct ongoing analysis of whether
581+37 the statewide assessment results are predictive of success in
582+38 college and career training programs.
583+39 (b) The passing scores on a statewide assessment must be
584+40 determined by statistically valid and reliable methods as determined by
585+41 independent experts selected by the state board.
586+42 (c) The state board, in consultation with The Arc of Indiana and
587+ES 1—LS 6707/DI 143 13
588+1 Indiana Council of Administrators of Special Education (ICASE), shall
589+2 select one (1) or more individuals who specialize in special education
590+3 who shall, in turn, be consulted with by the state board as part of the
591+4 state board's oversight of the development and implementation of the
592+5 Indiana's Learning Evaluation Assessment Readiness Network
593+6 (ILEARN) program.
594+7 (d) The secretary of education, with the approval of the state board,
595+8 is responsible for the development, implementation, and monitoring of
596+9 the Indiana's Learning Evaluation Assessment Readiness Network
597+10 (ILEARN) program.
598+11 (e) The department shall prepare detailed design specifications for
599+12 the statewide assessment developed under this chapter that must do the
600+13 following:
601+14 (1) Take into account the academic standards adopted under
602+15 IC 20-31-3.
603+16 (2) Include testing of students' higher level cognitive thinking in
604+17 each subject area tested.
605+18 (f) A statewide assessment described in section 7 of this chapter
606+19 may be in a form that allows the department and the state board, to the
607+20 extent possible, to compare the proficiency of Indiana students to the
608+21 proficiency of students in other states. A statewide assessment may
609+22 consist of original test items for Indiana's exclusive use if the state
610+23 board determines that:
611+24 (1) developing original test items for Indiana's exclusive use will
612+25 result in cost savings; or
613+26 (2) it would be impractical to develop a statewide assessment
614+27 adequately aligned to Indiana's academic standards without
615+28 including original test items developed for Indiana's exclusive
616+29 use.
617+30 (g) The state board shall establish a method for virtual
618+31 administration of the statewide assessment described in section 7
619+32 of this chapter.
620+33 SECTION 14. IC 20-32-5.1-17, AS AMENDED BY P.L.245-2023,
621+34 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
622+35 JULY 1, 2024]: Sec. 17. (a) The state board shall approve two (2) or
623+36 more benchmark, formative, interim, or similar assessments to identify
624+37 students that require remediation and provide individualized instruction
625+38 in which a school corporation, charter school, state accredited
626+39 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7) may
627+40 receive a grant under subsection (g).
628+41 (b) For a benchmark, formative, interim, or similar assessment
629+42 described in subsection (a) that is administered to students in
630+ES 1—LS 6707/DI 143 14
631+1 kindergarten through grade 2, the assessment must meet one (1) or
632+2 more of the following:
633+3 (1) The assessment:
634+4 (A) focuses on English/language arts; and
635+5 (B) shows alignment, verified by a third party, to Indiana's
636+6 academic standards for English/language arts domains,
637+7 specifically foundational reading skills.
638+8 (2) The assessment is a universal screener that:
639+9 (A) meets the screening requirements listed in IC 20-35.5-2-2;
640+10 (B) measures foundational reading skills; and
641+11 (C) received a convincing or partially convincing rating for
642+12 accuracy, reliability, and validity by the National Center on
643+13 Intensive Intervention or a nationally recognized dyslexia
644+14 assessment expert;
645+15 (D) screens for early literacy skill deficits;
646+16 (E) provides parents and schools with data analysis guides
647+17 for interpreting results and comprehensive support for
648+18 schools to guide classroom instruction and the
649+19 implementation of reading interventions; and
650+20 (F) provides the department with an annual analysis of
651+21 statewide data trends to support identification of early
652+22 literacy skill deficits and guides targeted intervention
653+23 efforts.
654+24 (3) The assessment focuses on numeracy and shows alignment,
655+25 verified by a third party, to Indiana's academic standards for
656+26 mathematical domains, specifically:
657+27 (A) number sense;
658+28 (B) computation and algebraic thinking; and
659+29 (C) measurement.
660+30 (c) For a benchmark, formative, interim, or similar assessment
661+31 described in subsection (a) that is administered to students in grades 3
662+32 through 7, the assessment must show alignment, verified by a third
663+33 party, to Indiana's academic standards.
664+34 (d) For a benchmark, formative, interim, or similar assessment
665+35 described in subsection (a) that is administered to students in grades 8
666+36 through 10, the assessment must show alignment, verified by a third
667+37 party, to:
668+38 (1) Indiana's academic standards; or
669+39 (2) the nationally recognized college entrance exam required to be
670+40 administered under section 7 of this chapter.
671+41 (e) This subsection does not apply to an assessment that is a
672+42 universal screener described in subsection (b)(2). The majority of the
673+ES 1—LS 6707/DI 143 15
674+1 benchmark, formative, interim, or similar assessment reporting must
675+2 indicate the degree to which students are on track for grade level
676+3 proficiency and college and career readiness. Approved assessments
677+4 must also provide predictive study results for student performance on
678+5 the statewide assessment under section 7 of this chapter, not later than
679+6 two (2) years after the summative assessment has been first
680+7 administered.
681+8 (f) This subsection does not apply to an assessment that is a
682+9 universal screener described in subsection (b)(2). A school corporation,
683+10 charter school, state accredited nonpublic school, or eligible school (as
684+11 defined in IC 20-51-1-4.7) may elect to administer a benchmark,
685+12 formative, interim, or similar assessment described in subsection (a).
686+13 If a school corporation, charter school, state accredited nonpublic
687+14 school, or eligible school (as defined in IC 20-51-1-4.7) administers an
688+15 assessment described in subsection (a), the school corporation, charter
689+16 school, state accredited nonpublic school, or eligible school (as defined
690+17 in IC 20-51-1-4.7) may prescribe the time and the manner in which the
691+18 assessment is administered.
692+19 (g) If a school corporation, charter school, state accredited
693+20 nonpublic school, or eligible school (as defined in IC 20-51-1-4.7)
694+21 elects to administer a benchmark, formative, interim, or similar
695+22 assessment described in subsection (a), the school corporation, charter
696+23 school, state accredited nonpublic school, or eligible school (as defined
697+24 in IC 20-51-1-4.7) is entitled to receive a grant or reimbursement from
698+25 the department in an amount not to exceed the cost of the assessment.
699+26 The department shall provide grants and reimbursements to a school
700+27 corporation, charter school, state accredited nonpublic school, or
701+28 eligible school (as defined in IC 20-51-1-4.7) under this section from
702+29 money appropriated to the department for the purpose of carrying out
703+30 this section.
704+31 (h) Except as provided in subsection (j), the state board and the
705+32 department may not contract with, approve, or endorse the use of a
706+33 single vendor to provide benchmark, formative, interim, or similar
707+34 assessments for any grade level or levels of kindergarten through grade
708+35 7.
709+36 (i) Before the state board may approve a benchmark, formative,
710+37 interim, or similar assessment described in subsection (a), the
711+38 assessment vendor must enter into a data share agreement with the
712+39 department in the manner prescribed by the department. A vendor
713+40 providing an assessment described in subsection (b)(2) shall
714+41 provide a summary of a student's assessment results to the student
715+42 and the student's parents. The summary of the results must be in
716+ES 1—LS 6707/DI 143 16
717+1 an understandable format for parents that is easy to read.
718+2 (j) The department shall procure a preferred assessment that
719+3 meets the requirements specified in subsection (b)(2) for use by
720+4 schools in which fewer than seventy percent (70%) of students in
721+5 the school achieved a valid passing score on the determinant
722+6 evaluation of reading skills approved by the state board.
723+7 (k) This subsection applies to:
724+8 (1) a public school, including a charter school;
725+9 (2) a state accredited nonpublic school; and
726+10 (3) an eligible school (as defined in IC 20-51-1-4.7).
727+11 An elementary school shall administer an assessment described in
728+12 subsection (b)(2) to students in kindergarten through grade 2. The
729+13 department shall provide guidance as to the number of times the
730+14 assessment is required and when the administrations of the
731+15 assessment should occur.
732+16 SECTION 15. IC 20-32-8.5-0.5 IS ADDED TO THE INDIANA
733+17 CODE AS A NEW SECTION TO READ AS FOLLOWS
734+18 [EFFECTIVE JULY 1, 2024]: Sec. 0.5. This chapter applies to:
735+19 (1) a public school, including a charter school;
736+20 (2) a state accredited nonpublic school; and
737+21 (3) an eligible school (as defined in IC 20-51-1-4.7).
738+22 SECTION 16. IC 20-32-8.5-0.7 IS ADDED TO THE INDIANA
739+23 CODE AS A NEW SECTION TO READ AS FOLLOWS
740+24 [EFFECTIVE JULY 1, 2024]: Sec. 0.7. As used in this chapter,
741+25 "student" means an individual who is enrolled in a school
742+26 described in section 0.5 of this chapter.
743+27 SECTION 17. IC 20-32-8.5-2, AS AMENDED BY P.L.245-2023,
744+28 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
745+29 JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), or (c),
746+30 the plan required by this chapter must include the following:
747+31 (1) Reading skill standards for grade 1 through grade 3.
748+32 (2) An emphasis on A method for making determinant evaluations
749+33 by grade 3 that might require remedial action is required for the
750+34 a student, including:
751+35 (A) beginning with evaluations administered during the
752+36 2024-2025 school year, and except as provided in
753+37 subsection (c), retention of the student in grade 3 if the
754+38 student has not achieved a passing score on the
755+39 determinant evaluation of reading skills approved by the
756+40 state board after the student has had an opportunity to
757+41 retake the determinant evaluation in the summer; and
758+42 (B) the use of curricular materials and supplemental
759+ES 1—LS 6707/DI 143 17
760+1 materials aligned to the science of reading that are
761+2 designed to address deficiencies in reading;
762+3 retention as a last resort, after other methods of remediation have
763+4 been evaluated or used, or both, if reading skills are below the
764+5 standard. Appropriate consultation with parents or guardians must
765+6 be part of the plan.
766+7 (3) A requirement that schools notify a student's parent of the
767+8 following:
768+9 (A) The student's assessment results regarding skill level
769+10 in:
770+11 (i) phonemic awareness;
771+12 (ii) phonics;
772+13 (iii) fluency;
773+14 (iv) vocabulary; and
774+15 (v) comprehension.
775+16 (B) The student's assessment results on the determinant
776+17 evaluation of reading skills approved by the state board.
777+18 (C) Any intervention provided to the student or any
778+19 remedial action taken.
779+20 (4) A requirement that schools monitor the progress of
780+21 students who failed to achieve a valid passing score on the:
781+22 (A) determinant evaluation of reading skills approved by
782+23 the state board; or
783+24 (B) statewide assessment program test.
784+25 (5) A requirement that schools provide reading instruction
785+26 that includes a core reading program aligned with the science
786+27 of reading to all students in kindergarten through grade 8.
787+28 (6) A requirement for the administration of the determinant
788+29 evaluation of reading skills approved by the state board to
789+30 students in grade 2.
790+31 (7) A requirement that all students take the determinant
791+32 evaluation of reading skills approved by the state board until
792+33 the student:
793+34 (A) receives a passing score, regardless of the student's
794+35 grade level; or
795+36 (B) enters grade 7.
796+37 (8) A requirement that a school report the following to the
797+38 department:
798+39 (A) The literacy interventions that will be used for students
799+40 in grade 2 who are at risk of not being reading proficient
800+41 and students in grade 3 who do not achieve a valid passing
801+42 score on the determinant evaluation of reading skills
802+ES 1—LS 6707/DI 143 18
803+1 approved by the state board.
804+2 (B) The literacy interventions in use before the adoption of
805+3 the plan for students in grade 2 who are at risk of not being
806+4 reading proficient and students in grade 3 who do not
807+5 achieve a valid passing score on the determinant
808+6 evaluation of reading skills approved by the state board.
809+7 (C) The literacy interventions in use before the adoption of
810+8 the plan for students who do not achieve a valid passing
811+9 score on the determinant evaluation of reading skills
812+10 approved by the state board.
813+11 (D) The number of students being served by the
814+12 interventions described in clauses (B) and (C).
815+13 (E) The cost of providing the interventions described in
816+14 clauses (B) and (C).
817+15 (F) Any other information requested by the department.
818+16 (3) (9) Requirements for a public school maintained by a school
819+17 corporation in which fewer than seventy percent (70%) of
820+18 students of the school achieved a valid passing score on the
821+19 determinant evaluation of reading skills approved by the state
822+20 board The requirements for the public schools described in this
823+21 subdivision that must include the following:
824+22 (A) Use of curriculum that is:
825+23 (i) based on the science of reading; and
826+24 (ii) approved by the department.
827+25 (B) Employment of the following:
828+26 (i) Before July 1, 2025, an instructional coach who is
829+27 trained in the science of reading, as determined by the
830+28 department. This item expires January 1, 2026.
831+29 (ii) After June 30, 2025, an instructional coach with a
832+30 literacy related endorsement who is trained in the science
833+31 of reading.
834+32 (C) Administration of the determinant evaluation of reading
835+33 skills approved by the state board to students in grade 2.
836+34 (D) (C) Use of only benchmark, formative, interim, or similar
837+35 assessments that:
838+36 (i) show alignment with Indiana's academic standards; and
839+37 (ii) are approved by the department.
840+38 (D) Use of a screener procured under IC 20-32-5.1-17(j).
841+39 (4) (10) The fiscal impact of each component of the plan, if any.
842+40 In determining whether a component has a fiscal impact,
843+41 consideration shall be given to whether the component will
844+42 increase costs to the state or a school corporation or require the
845+ES 1—LS 6707/DI 143 19
846+1 state or school corporation to reallocate resources.
847+2 (b) For a charter school, as defined in IC 20-24-1-4, a plan may
848+3 include only the following:
849+4 (1) A method for making determinant evaluations of reading skills
850+5 by grade 3.
851+6 (2) Retention as a last resort for students reading below grade
852+7 level as measured by the evaluation or assessment.
853+8 (c) (b) This subsection applies to a public school that is not a charter
854+9 school. A school corporation may receive a waiver of the requirements
855+10 provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
856+11 alternative reading plan provided by the school. corporation.
857+12 (c) A student who would otherwise be subject to retention in
858+13 grade 3 under the plan is not subject to the retention requirement
859+14 only if the student meets one (1) of the following criteria:
860+15 (1) The student was subject to retention and has been retained
861+16 in grade 3 for one (1) school year.
862+17 (2) The student has an intellectual disability or the student's
863+18 individualized education program specifies that retention is
864+19 not appropriate, and the student's case conference committee
865+20 has determined that promotion to another grade is
866+21 appropriate.
867+22 (3) The student is an English learner who has received
868+23 services for fewer than two (2) years and a committee
869+24 consisting of:
870+25 (A) the student's parent;
871+26 (B) a building level administrator or designee;
872+27 (C) a classroom teacher of service;
873+28 (D) an English learner teacher of record, if one exists; and
874+29 (E) an English learner district administrator, if one exists;
875+30 determines that promotion is appropriate based on the
876+31 implementation of research based instructional practices
877+32 outlined in the student's individual learning plan.
878+33 (4) The student received a score of proficient or above
879+34 proficient in grade 3 math on the statewide summative
880+35 assessment.
881+36 (5) The student:
882+37 (A) has received intensive intervention as determined by
883+38 the department in reading for two (2) or more years; and
884+39 (B) was retained more than one (1) time throughout
885+40 kindergarten, grade 1, or grade 2.
886+41 (d) A student who is not subject to the retention requirement as
887+42 provided under (c) must be provided with additional reading
888+ES 1—LS 6707/DI 143 20
889+1 instruction that is aligned with the science of reading until the
890+2 student achieves a passing score on the determinant evaluation of
891+3 reading skills approved by the state board.
892+4 (e) This subsection applies after June 30, 2024. Before October
893+5 1 of each school year the department shall:
894+6 (1) identify each incoming student (as defined in section 0.7 of
895+7 this chapter) enrolled in kindergarten in a school in Indiana;
896+8 and
897+9 (2) notify the parent or guardian of the student of the
898+10 retention requirement under this chapter for grade 3 students
899+11 who do not achieve a passing score on the Indiana reading
900+12 evaluation and determination (IRead3).
901+13 (f) The department shall establish a standard reporting process
902+14 and reporting window for schools to report students who qualify
903+15 for an exemption under subsection (c).
904+16 SECTION 18. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
905+17 CODE AS A NEW SECTION TO READ AS FOLLOWS
906+18 [EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
907+19 school or the equivalent authority of a charter school, state
908+20 accredited nonpublic school, or eligible school (as defined in
909+21 IC 20-51-1-4.7) shall establish a procedure that allows a parent of
910+22 a student who:
911+23 (1) has been retained in grade 3 under the plan; and
912+24 (2) would not be subject to retention for other reasons;
913+25 to appeal the student's retention if the parent believes the student
914+26 meets an exception under section 2(c) of this chapter.
915+27 SECTION 19. An emergency is declared for this act.
916+ES 1—LS 6707/DI 143 21
917+COMMITTEE REPORT
918+Madam President: The Senate Committee on Education and Career
919+Development, to which was referred Senate Bill No. 1, has had the
920+same under consideration and begs leave to report the same back to the
921+Senate with the recommendation that said bill be AMENDED as
922+follows:
923+Page 2, between lines 26 and 27, begin a new paragraph and insert:
924+"SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
59925 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
60926 JULY 1, 2024]: Sec. 3. (a) Except as specifically provided in this
61927 article and section 4 of this chapter, the following provisions of this
62928 title and a rule or guideline adopted by the state board under one (1) of
63929 the following provisions of this title do not apply to a qualified district
64930 or qualified high school:
65931 (1) Provisions that do not apply to school corporations in general.
66932 (2) IC 20-20 (programs administered by the state), except for
67933 IC 20-20-1 (educational service centers).
68934 (3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
69935 continuing education), IC 20-28-4-8 (hiring of transition to
70936 teaching participants; restrictions), IC 20-28-4-11 (transition to
71937 teaching participants; school corporation or subject area;
72938 transition to teaching permit), IC 20-28-5-8 (conviction of certain
73939 felonies or misdemeanors; notice and hearing; permanent
74940 revocation of license; data base of school employees who have
75941 been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
76942 (cancellation of teacher contracts), IC 20-28-8 (contracts with
77943 school administrators), IC 20-28-9 (teacher salary and related
78944 payments), IC 20-28-10 (conditions of employment), and
79945 IC 20-28-11.5 (staff performance evaluations).
80-SEA 1 — Concur 3
81946 (4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
82947 IC 20-30-3-4 (patriotic commemorative observances),
83948 IC 20-30-5-13 (human sexuality instructional requirements), and
84949 IC 20-30-5-19 (personal financial responsibility instruction).
85950 (5) IC 20-32 (student standards, assessments, and performance),
86951 except for IC 20-32-4 (graduation requirements), IC 20-32-5
87952 (Indiana statewide testing for educational progress for a school
88953 year ending before July 1, 2018), IC 20-32-5.1 (statewide
89954 assessment program for a school year beginning after June 30,
90955 2018), and IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
91956 improvement and remediation plans).
92957 (6) IC 20-37 (career and technical education).
958+ES 1—LS 6707/DI 143 22
93959 (b) Notwithstanding any other law, a school corporation may not
94960 receive a decrease in state funding based upon the school corporation's
95961 status as a qualified district or the status of a high school within the
96962 school corporation as a qualified high school, or because of the
97963 implementation of a waiver of a statute or rule that is allowed to be
98964 waived by a qualified district or qualified high school.
99965 SECTION 3. IC 20-24.2-4-4, AS AMENDED BY P.L.250-2023,
100966 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
101967 JULY 1, 2024]: Sec. 4. The following provisions of this title and rules
102968 and guidelines adopted under the following provisions of this title
103969 apply to a qualified district or qualified high school:
104970 IC 20-20-1 (educational service centers).
105971 IC 20-23 (organization of school corporations).
106972 IC 20-26 (school corporation general administrative provisions).
107973 IC 20-27 (school transportation).
108974 IC 20-28-3-4 (teacher continuing education).
109975 IC 20-28-4-8 (hiring of transition to teaching participants;
110976 restrictions).
111977 IC 20-28-4-11 (transition to teaching participants; school
112978 corporation or subject area; transition to teaching permit).
113979 IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
114980 notice and hearing; permanent revocation of license; data base of
115981 school employees who have been reported).
116982 IC 20-28-6 (teacher contracts).
117983 IC 20-28-7.5 (cancellation of teacher contracts).
118984 IC 20-28-8 (contracts with school administrators).
119985 IC 20-28-9 (teacher salary and related payments).
120986 IC 20-28-10 (conditions of employment).
121987 IC 20-28-11.5 (staff performance evaluations).
122988 IC 20-29 (collective bargaining for teachers).
123-SEA 1 — Concur 4
124989 IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
125990 observances).
126991 IC 20-30-5-13 (human sexuality instructional requirements).
127992 IC 20-30-5-19 (personal financial responsibility instruction).
128993 IC 20-31 (accountability for school performance and
129994 improvement).
130995 IC 20-32-4, IC 20-32-5 (for a school year beginning before July
131996 1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
132997 2018), and IC 20-32-8 (accreditation, assessment, and
133998 remediation), or any other statute, rule, or guideline related to
134999 standardized assessments.
1351000 IC 20-32-8.5 (reading improvement and remediation plans).
1001+ES 1—LS 6707/DI 143 23
1361002 IC 20-33 (students: general provisions).
1371003 IC 20-34-3 (health and safety measures).
1381004 IC 20-35 (special education).
1391005 IC 20-35.5 (dyslexia screening and intervention).
1401006 IC 20-36 (high ability students).
1411007 IC 20-39 (accounting and financial reporting procedures).
1421008 IC 20-40 (government funds and accounts).
1431009 IC 20-41 (extracurricular funds and accounts).
1441010 IC 20-42.5 (allocation of expenditures to student instruction and
1451011 learning).
1461012 IC 20-43 (state tuition support).
1471013 IC 20-44 (property tax levies).
1481014 IC 20-46 (levies other than general fund levies).
1491015 IC 20-47 (related entities; holding companies; lease agreements).
1501016 IC 20-48 (borrowing and bonds).
1511017 IC 20-49 (state management of common school funds; state
1521018 advances and loans).
1531019 IC 20-50 (homeless children and foster care children).
1541020 SECTION 4. IC 20-26.5-2-3, AS AMENDED BY P.L.201-2023,
1551021 SECTION 167, IS AMENDED TO READ AS FOLLOWS
1561022 [EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Notwithstanding any other
1571023 law, the following may be suspended for a coalition member in
1581024 accordance with the coalition's plan:
1591025 (1) Subject to section 1(c) of this chapter, IC 20-30, concerning
1601026 curriculum.
1611027 (2) The following statutes and rules concerning curricular
1621028 materials:
1631029 IC 20-26-12-1, except for the provision of curricular materials
1641030 at no cost to a student in a public school.
1651031 IC 20-26-12-2, except for the prohibition of renting curricular
166-SEA 1 — Concur 5
1671032 materials to students enrolled in a public school.
1681033 IC 20-26-12-24.
1691034 511 IAC 6.1-5-5.
1701035 (3) The following rules concerning teacher licenses:
1711036 511 IAC 16.
1721037 511 IAC 17.
1731038 (4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
1741039 of academic standards).
1751040 (5) IC 20-31-4.1, concerning the performance based accreditation
1761041 system.
1771042 (6) Except as provided in subsection (b), any other statute in
1781043 IC 20 or rule in 511 IAC requested to be suspended as part of the
1044+ES 1—LS 6707/DI 143 24
1791045 plan that is approved by the state board under section 1 of this
1801046 chapter.
1811047 (b) A coalition member may not suspend under subsection (a)(6)
1821048 any of the following:
1831049 (1) IC 20-26-5-10 (criminal history and child protection index
1841050 check).
1851051 (2) IC 20-28 (school teachers).
1861052 (3) IC 20-29 (collective bargaining).
1871053 (4) IC 20-31 (accountability for performance and improvement),
1881054 except for IC 20-31-3 and IC 20-31-4.1.
1891055 (5) Subject to subsection (c), IC 20-32-4 (graduation
1901056 requirements).
1911057 (6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
1921058 Readiness Network (ILEARN) program).
1931059 (7) IC 20-32-8.5 (reading improvement and remediation
1941060 plans).
1951061 (7) (8) IC 20-33 (students).
1961062 (8) (9) IC 20-34 (student health and safety measures).
1971063 (9) (10) IC 20-35 (special education).
1981064 (10) (11) IC 20-35.5 (dyslexia screening and intervention).
1991065 (11) (12) IC 20-36 (high ability students).
2001066 (12) (13) IC 20-39 (accounting and financial reporting
2011067 procedures).
2021068 (13) (14) IC 20-40 (government funds and accounts).
2031069 (14) (15) IC 20-41 (extracurricular funds and accounts).
2041070 (15) (16) IC 20-42 (fiduciary funds and accounts).
2051071 (16) (17) IC 20-42.5 (allocation of expenditures to student
2061072 instruction and learning).
2071073 (17) (18) IC 20-43 (state tuition support).
2081074 (18) (19) IC 20-44 (property tax levies).
209-SEA 1 — Concur 6
2101075 (19) (20) IC 20-46 (levies other than general fund levies).
2111076 (20) (21) IC 20-47 (related entities; holding companies; lease
2121077 agreements).
2131078 (21) (22) IC 20-48 (borrowing and bonds).
2141079 (22) (23) IC 20-49 (state management of common school funds;
2151080 state advances and loans).
2161081 (23) (24) IC 20-50 (homeless children and foster care children).
2171082 (c) A coalition member must comply with the postsecondary
2181083 readiness competency requirements under IC 20-32-4-1.5(b)(1).
2191084 However, notwithstanding any other law, a coalition member may
2201085 replace high school courses on the high school transcript with courses
2211086 on the same subject matter with equal or greater rigor to the required
1087+ES 1—LS 6707/DI 143 25
2221088 high school course and may count such a course as satisfying the
2231089 equivalent diploma requirements established by IC 20 and any
2241090 applicable state board administrative rules or requirements. If the
2251091 coalition member school offers courses that are not aligned with
2261092 requirements adopted by the state board under IC 20-30-10, a parent of
2271093 a student and the student who intends to enroll in a course that is not
2281094 aligned with requirements adopted by the state board under
2291095 IC 20-30-10 must provide consent to the coalition member school to
2301096 enroll in the course. The consent form used by the coalition, which
2311097 shall be developed in collaboration with the commission for higher
2321098 education, must notify the parent and the student that enrollment in the
2331099 course may affect the student's ability to attend a particular
2341100 postsecondary educational institution or enroll in a particular course at
2351101 a particular postsecondary educational institution because the course
2361102 does not align with requirements established by the state board under
237-IC 20-30-10.
238-SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
239-SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
240-JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
241-board shall establish and require a literacy endorsement for individuals
242-first licensed after June 30, 2025, to teach a content area involving
243-literacy instruction, including special education, in prekindergarten
244-through grade 5.
245-(b) Except as provided in section 19.8(a) of this chapter,
246-beginning July 1, 2025, 2027, the department may not renew a
247-practitioner license or an accomplished practitioner license, or a
248-comparable license under prior rules, issued to an individual who,
249-(1) is first licensed after June 30, 2025; and
250-(2) based on the content area for which the individual is licensed,
251-including special education, provides literacy instruction to
252-SEA 1 — Concur 7
253-students in prekindergarten through grade 5
254-unless the individual receives a literacy endorsement under this section.
255-(c) To be eligible to receive a literacy endorsement, an individual
256-must meet the following:
257-(1) Complete eighty (80) hours of evidence based professional
258-development that is:
259-(A) aligned to the science of reading; and
260-(B) provided by an organization accredited by the International
261-Dyslexia Association; and
262-(C) (B) approved by the department.
263-(2) Demonstrate proficiency in scientifically based reading
264-instruction skills aligned to the science of reading on a written
265-examination or through other procedures prescribed by the
266-department in accordance with this section.
267-(d) Of The eighty (80) hours of evidence based professional
268-development required under subsection (c)(1), at least forty (40) hours
269-must be completed through live sessions, which may be attended in
270-person or virtually, taught by a certified facilitator. (c)(1) must provide
271-individualized and on demand support. The evidence based
272-professional development required under subsection (c)(1) must:
273-(1) promote explicit, systematic, and cumulative instruction as the
274-primary approach to literacy instruction;
275-(2) promote an understanding of how language, reading, and
276-writing relate to each other;
277-(3) promote strategies for differentiated instruction for:
278-(A) students with:
279-(i) reading difficulties; or
280-(ii) disabilities; and
281-(B) English language learners;
282-(4) focus on phonemic awareness, phonics, fluency, vocabulary,
283-and comprehension; and
284-(5) allow participants to implement the strategies into a classroom
285-environment with the opportunity for feedback throughout the
286-professional development experience.
287-(e) The written examination required under subsection (c)(2) shall
288-ensure the individual demonstrates the ability to:
289-(1) effectively teach foundational reading skills, phonemic
290-awareness, phonics, fluency, vocabulary, and comprehension;
291-(2) implement reading instruction using high quality instructional
292-materials aligned to the science of reading; and
293-(3) provide effective instruction and interventions for students
294-with reading deficiencies.
295-SEA 1 — Concur 8
296-(f) The department shall approve and provide the evidence based
297-professional development necessary for an individual to receive a
298-literacy endorsement under this section.
299-(g) The department shall establish the procedure for an existing
300-teacher to add the literacy endorsement established under this section
301-to the teacher's license.
302-(h) The state board shall adopt rules under IC 4-22-2 to do the
303-following:
304-(1) Adopt, validate, and implement the examination or other
305-procedures required by subsection (c)(2).
306-(2) Establish examination scores indicating proficiency.
307-(3) Otherwise carry out the purposes of this section.
308-SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
309-CODE AS A NEW SECTION TO READ AS FOLLOWS
310-[EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
311-in section 19.7(b) of this chapter who cannot comply with the
312-requirements of section 19.7 of this chapter may apply for a waiver
313-from the department in a form and manner prescribed by the
314-department.
315-(b) Subject to subsection (d), if the department determines that
316-an individual described in subsection (a) cannot comply with the
317-requirements of section 19.7 of this chapter, the department may
318-grant the individual a waiver that provides an exception to the
319-requirements.
320-(c) The department may grant a waiver under this section to an
321-individual that:
322-(1) is not more than one (1) year; and
323-(2) does not extend beyond July 1, 2028.
324-However the department may extend the waiver described in this
325-subsection if the department determines a hardship exists for the
326-individual in meeting the requirements under section 19.7 of this
327-chapter.
328-(d) Before the department may grant a waiver under this
329-section, the department shall submit a report not later than
330-December 1, 2026, to the legislative council in an electronic format
331-under IC 5-14-6 that contains the following information:
332-(1) The progress made by the department toward the
333-requirements in section 19.7 of this chapter.
334-(2) The progress made by the department toward the goal of
335-student literacy in Indiana.
336-(3) Barriers and challenges that remain for all individuals
337-described in section 19.7(b) of this chapter to achieving the
338-SEA 1 — Concur 9
339-requirements of section 19.7 of this chapter.
340-(4) The reasons the department's waiver authority under this
341-section is necessary.
342-(5) Any other recommendations the department may have for
343-educators, communities, parents, schools, teacher preparation
344-programs, and the general assembly for achieving:
345-(A) full compliance with the requirements of section 19.7
346-of this chapter; and
347-(B) student literacy goals of the state.
348-SECTION 7. IC 20-30-7-1, AS AMENDED BY P.L.167-2018,
349-SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
350-UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (c),
351-the state board may prescribe a program of summer school education
352-for public schools. Subject to subsection (b), the state board shall
353-adopt rules under IC 4-22-2 to provide for:
354-(1) summer school programs; and
355-(2) the state distribution formula for any money appropriated by
356-the general assembly for summer school education to allow for
357-the reimbursement for:
358-(A) instructional costs; and
359-(B) costs of tuition for an applicable online summer school
360-course.
361-(b) The state board shall give priority reimbursement, which
362-must be exempt from the distribution formula adopted by the state
363-board under subsection (a), for all eligible costs for summer school
364-courses that include curriculum aligned with the science of reading
365-designated by the department to support students in:
366-(1) grade 2 who are at risk of not being reading proficient;
367-and
368-(2) grade 3 who are not reading proficient;
369-as indicated on the determinant evaluation of reading skills
370-approved by the state board under IC 20-32-8.5-2.
371-(c) A state accredited nonpublic school and an eligible school (as
372-defined in IC 20-51-1-4.7) shall be eligible for summer school
373-funding for courses that include curriculum aligned with the
374-science of reading designated by the department to support
375-students in:
376-(1) grade 2 who are at risk of not being reading proficient;
377-and
378-(2) grade 3 who are not reading proficient;
379-as indicated on the determinant evaluation of reading skills
380-approved by the state board under IC 20-32-8.5-2.
381-SEA 1 — Concur 10
382-SECTION 8. IC 20-30-7-13 IS ADDED TO THE INDIANA CODE
383-AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
384-1, 2024]: Sec. 13. (a) This section applies to:
385-(1) a public school, including a charter school;
386-(2) a state accredited nonpublic school; and
387-(3) an eligible school (as defined in IC 20-51-1-4.7).
388-(b) Beginning with the 2024-2025 school year, a school shall
389-offer summer school courses designated by the department to
390-support students in:
391-(1) grade 2 who are at risk of not being reading proficient;
392-and
393-(2) grade 3 who are not reading proficient;
394-as indicated on the determinant evaluation of reading skills
395-approved by the state board under IC 20-32-8.5-2.
396-(c) A summer school course described in subsection (b) must:
397-(1) be taught by a teacher, instructor, or tutor who is trained
398-in the science of reading as determined by the department;
399-and
400- (2) use curriculum or intervention materials aligned with the
401-science of reading.
402-(d) If a student described in subsection (b) does not achieve at
403-least a ninety percent (90%) attendance rate in a summer reading
404-course described in subsection (b), the student shall participate in
405-an individual reading plan aligned with the science of reading in
406-the following school year.
407-SECTION 9. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
1103+IC 20-30-10.".
1104+Page 2, line 31, delete "The state" and insert "Subject to subsection
1105+(b), the state".
1106+Page 3, line 5, delete "board." and insert "board under
1107+IC 20-32-8.5-2.".
1108+Page 3, line 14, delete "board." and insert "board under
1109+IC 20-32-8.5-2.".
1110+Page 3, line 27, delete "board." and insert "board under
1111+IC 20-32-8.5-2.
1112+(c) A summer school course described in subsection (b) must be
1113+taught by a teacher who is trained in the science of reading as
1114+determined by the department.
1115+SECTION 7. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
4081116 SECTION 169, IS AMENDED TO READ AS FOLLOWS
4091117 [EFFECTIVE JULY 1, 2024]: Sec. 7. A school or group of schools that
4101118 submits an application under section 4 of this chapter may not request
4111119 to waive any of the following provisions:
4121120 IC 20-24-8-2 (prohibited acts).
4131121 IC 20-26-5-10 (criminal history and child protection index check).
4141122 IC 20-26-12-1 (curricular material purchase and provision; public
4151123 school students).
4161124 IC 20-26-12-2 (curricular material purchase and rental).
4171125 IC 20-27-7 (school bus inspection and registration).
4181126 IC 20-27-8-1 (school bus drivers and monitors).
4191127 IC 20-27-8-2 (school bus driver driving summary).
4201128 IC 20-27-10-3 (capacity of school bus).
4211129 IC 20-28 (school teachers).
1130+ES 1—LS 6707/DI 143 26
4221131 IC 20-29 (collective bargaining).
4231132 IC 20-30-5-0.5 (display of United States flag; Pledge of
424-SEA 1 — Concur 11
4251133 Allegiance).
4261134 IC 20-30-5-1 (constitutions).
4271135 IC 20-30-5-2 (constitutions; interdisciplinary course).
4281136 IC 20-30-5-3 (protected writings).
4291137 IC 20-30-5-4 (American history).
4301138 IC 20-30-5-4.5 (moment of silence).
4311139 IC 20-30-5-5 (morals instruction).
4321140 IC 20-30-5-6 (good citizenship instruction).
4331141 IC 20-30-5-13 (human sexuality instructional requirements).
4341142 IC 20-30-5-17 (access to materials; consent for participation).
4351143 IC 20-30-5-21 (contrary student instruction not permitted).
4361144 IC 20-30-5-22 (Indiana studies).
4371145 IC 20-31 (accountability for performance and improvement).
4381146 IC 20-32-4 (graduation requirements).
4391147 IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
4401148 Readiness Network (ILEARN) program).
4411149 IC 20-32-8.5 (reading improvement and remediation plans).
4421150 IC 20-33-1 (equal educational opportunity).
4431151 IC 20-34 (student health and safety measures).
4441152 IC 20-35 (special education).
4451153 IC 20-35.5 (dyslexia screening and intervention).
4461154 IC 20-36 (high ability students).
4471155 IC 20-39 (accounting and financial reporting procedures).
4481156 IC 20-40 (government funds and accounts).
4491157 IC 20-41 (extracurricular funds and accounts).
4501158 IC 20-42 (fiduciary funds and accounts).
4511159 IC 20-42.5 (allocation of expenditures to student instruction and
4521160 learning).
4531161 IC 20-43 (state tuition support).
4541162 IC 20-44 (property tax levies).
4551163 IC 20-46 (levies other than general fund levies).
4561164 IC 20-47 (related entities; holding companies; lease agreements).
4571165 IC 20-48 (borrowing and bonds).
4581166 IC 20-49 (state management of common school funds; state
4591167 advances and loans).
4601168 IC 20-50 (homeless children and foster care children).
461-IC 20-51 (school scholarships).
462-SECTION 10. IC 20-32-1-1, AS AMENDED BY P.L.92-2020,
463-SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
464-JULY 1, 2024]: Sec. 1. Except as provided in IC 20-32-8.5, this
465-article applies only to the following:
466-(1) Public schools.
467-SEA 1 — Concur 12
468-(2) State accredited nonpublic schools.
469-SECTION 11. IC 20-32-2-2.1 IS ADDED TO THE INDIANA
1169+IC 20-51 (school scholarships).".
1170+Page 6, delete lines 12 through 19, begin a new paragraph and
1171+insert:
1172+"(k) This subsection applies to:
1173+ES 1—LS 6707/DI 143 27
1174+(1) a public school, including a charter school;
1175+(2) a state accredited nonpublic school; and
1176+(3) an eligible school (as defined in IC 20-51-1-4.7).
1177+An elementary school shall administer an assessment described in
1178+subsection (b)(2) to students in kindergarten through grade 2 who
1179+are not on track for reading proficiency by grade 3 as determined
1180+by the department. The department shall provide guidance as to
1181+the number of times the assessment is required and when the
1182+administrations of the assessment should occur.".
1183+Page 6, line 37, strike "require".
1184+Page 6, line 37, after "action" insert "is required".
1185+Page 6, line 37, after "for" strike "the" and insert "a".
1186+Page 7, line 2, delete "board;" and insert "board after the student
1187+has had an opportunity to retake the determinant evaluation in the
1188+summer;".
1189+Page 7, line 10, delete "or".
1190+Page 7, line 11, delete "guardian".
1191+Page 8, delete lines 7 though 8, begin a new line double block
1192+indented and insert:
1193+"(B) Employment of the following:
1194+(i) Before July 1, 2025, an instructional coach who is
1195+trained in the science of reading, as determined by the
1196+department. This item expires January 1, 2026.
1197+(ii) After June 30, 2025, an instructional coach with a
1198+literacy related endorsement who is trained in the science
1199+of reading.".
1200+Page 9, line 10, after "statewide" insert "summative".
1201+Page 9, line 11, delete " retained under subsection (c)(4)" and insert
1202+"subject to the retention requirement as provided under (c)".
1203+Renumber all SECTIONS consecutively.
1204+and when so amended that said bill do pass and be reassigned to the
1205+Senate Committee on Appropriations.
1206+(Reference is to SB 1 as introduced.)
1207+RAATZ, Chairperson
1208+Committee Vote: Yeas 9, Nays 4.
1209+ES 1—LS 6707/DI 143 28
1210+COMMITTEE REPORT
1211+Madam President: The Senate Committee on Appropriations, to
1212+which was referred Senate Bill No. 1, has had the same under
1213+consideration and begs leave to report the same back to the Senate with
1214+the recommendation that said bill be AMENDED as follows:
1215+Page 7, line 7, after "courses" insert "that include curriculum
1216+aligned with the science of reading".
1217+Page 7, line 16, after "courses" insert "that include curriculum
1218+aligned with the science of reading".
1219+Page 7, delete lines 36 through 38, begin a new paragraph and
1220+insert:
1221+"(c) A summer school course described in subsection (b) must:
1222+(1) be taught by a teacher who is trained in the science of
1223+reading as determined by the department; and
1224+ (2) use curriculum aligned with the science of reading.".
1225+Page 15, line 3, after "instruction" insert "that is aligned with the
1226+science of reading".
1227+and when so amended that said bill do pass.
1228+(Reference is to SB 1 as printed January 19, 2024.)
1229+MISHLER, Chairperson
1230+Committee Vote: Yeas 8, Nays 3.
1231+_____
1232+SENATE MOTION
1233+Madam President: I move that Senate Bill 1 be amended to read as
1234+follows:
1235+Page 7, line 6, delete "distribution formula shall ensure" and insert
1236+"board shall give".
1237+Page 7, line 7, after "reimbursement" insert ", which must be
1238+exempt from the distribution formula adopted by the state board
1239+under subsection (a),".
1240+Page 7, between lines 41 and 42, begin a new paragraph and insert:
1241+"(d) If a student described in subsection (b) does not achieve at
1242+least a ninety percent (90%) attendance rate in a summer reading
1243+course described in subsection (b), the student shall participate in
1244+an individual reading plan aligned with the science of reading in
1245+the following school year.".
1246+ES 1—LS 6707/DI 143 29
1247+Page 13, between lines 26 and 27, begin a new line block indented
1248+and insert:
1249+"(8) A requirement that a school report the following to the
1250+department:
1251+(A) The literacy interventions that will be used for students
1252+in grade 2 who are at risk of not being reading proficient
1253+and students in grade 3 who do not achieve a valid passing
1254+score on the determinant evaluation of reading skills
1255+approved by the state board.
1256+(B) The literacy interventions in use before the adoption of
1257+the plan for students in grade 2 who are at risk of not being
1258+reading proficient and students in grade 3 who do not
1259+achieve a valid passing score on the determinant
1260+evaluation of reading skills approved by the state board.
1261+(C) The literacy interventions in use before the adoption of
1262+the plan for students who do not achieve a valid passing
1263+score on the determinant evaluation of reading skills
1264+approved by the state board.
1265+(D) The number of students being served by the
1266+interventions described in clauses (B) and (C).
1267+(E) The cost of providing the interventions described in
1268+clauses (B) and (C).
1269+(F) Any other information requested by the department.".
1270+Page 13, line 27, delete "(8)" and insert "(9)".
1271+Page 14, line 7, delete "(9)" and insert "(10)".
1272+Page 15, between lines 3 and 4, begin a new line block indented and
1273+insert:
1274+"(5) The student:
1275+(A) has received intensive intervention as determined by
1276+the department in reading for two (2) or more years; and
1277+(B) was retained in kindergarten, grade 1, or grade 2 and
1278+was enrolled in any of the earlier grades for two (2)
1279+years.".
1280+(Reference is to SB 1 as printed January 26, 2024.)
1281+ROGERS
1282+ES 1—LS 6707/DI 143 30
1283+SENATE MOTION
1284+Madam President: I move that Senate Bill 1 be amended to read as
1285+follows:
1286+Page 15, after line 8, begin a new paragraph and insert:
1287+"SECTION 15. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
4701288 CODE AS A NEW SECTION TO READ AS FOLLOWS
471-[EFFECTIVE JULY 1, 2024]: Sec. 2.1. "Retention" means an
472-individual repeating the same grade level in a subsequent school
473-year that the individual participated in during the immediately
474-preceding school year.
475-SECTION 12. IC 20-32-2-3, AS AMENDED BY P.L.92-2020,
476-SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
477-JULY 1, 2024]: Sec. 3. Except as provided in IC 20-32-8.5-0.7,
478-"student" means an individual who is enrolled in:
479-(1) a public school;
480-(2) a state accredited nonpublic school; or
481-(3) another nonpublic school that has requested and received from
482-the state board specific approval of the school's educational
483-program.
484-SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
1289+[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
1290+school or the equivalent authority of a charter school, state
1291+accredited nonpublic school, or eligible school (as defined in
1292+IC 20-51-1-4.7) shall establish a procedure that allows a parent of
1293+a student who:
1294+(1) has been retained in grade 3 under the plan; and
1295+(2) would not be subject to retention for other reasons;
1296+to appeal the student's retention if the parent believes the student
1297+meets an exception under section 2(c) of this chapter.".
1298+Renumber all SECTIONS consecutively.
1299+(Reference is to SB 1 as printed January 26, 2024.)
1300+FORD J.D.
1301+_____
1302+SENATE MOTION
1303+Madam President: I move that Senate Bill 1 be amended to read as
1304+follows:
1305+Page 15, after line 8, begin a new paragraph and insert:
1306+"(e) This subsection applies after June 30, 2024. Before October
1307+1 of each school year the department shall:
1308+(1) identify each incoming student (as defined in section 0.7 of
1309+this chapter) enrolled in kindergarten in a school in Indiana;
1310+and
1311+(2) notify the parent or guardian of the student of the
1312+retention requirement under this chapter for grade 3 students
1313+who do not achieve a passing score on the Indiana reading
1314+evaluation and determination (IRead3).".
1315+(Reference is to SB 1 as printed January 26, 2024.)
1316+YODER
1317+ES 1—LS 6707/DI 143 31
1318+COMMITTEE REPORT
1319+Mr. Speaker: Your Committee on Education, to which was referred
1320+Senate Bill 1, has had the same under consideration and begs leave to
1321+report the same back to the House with the recommendation that said
1322+bill be amended as follows:
1323+Page 6, between lines 34 and 35, begin a new paragraph and insert:
1324+"SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
1325+SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1326+JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
1327+board shall establish and require a literacy endorsement for individuals
1328+first licensed after June 30, 2025, to teach a content area involving
1329+literacy instruction, including special education, in prekindergarten
1330+through grade 5.
1331+(b) Except as provided in section 19.8(a) of this chapter,
1332+beginning July 1, 2025, 2027, the department may not renew a
1333+practitioner license or an accomplished practitioner license, or a
1334+comparable license under prior rules, issued to an individual who,
1335+(1) is first licensed after June 30, 2025; and
1336+(2) based on the content area for which the individual is licensed,
1337+including special education, provides literacy instruction to
1338+students in prekindergarten through grade 5
1339+unless the individual receives a literacy endorsement under this section.
1340+(c) To be eligible to receive a literacy endorsement, an individual
1341+must meet the following:
1342+(1) Complete eighty (80) hours of evidence based professional
1343+development that is:
1344+(A) aligned to the science of reading; and
1345+(B) provided by an organization accredited by the International
1346+Dyslexia Association; and
1347+(C) (B) approved by the department.
1348+(2) Demonstrate proficiency in scientifically based reading
1349+instruction skills aligned to the science of reading on a written
1350+examination or through other procedures prescribed by the
1351+department in accordance with this section.
1352+(d) Of The eighty (80) hours of evidence based professional
1353+development required under subsection (c)(1), at least forty (40) hours
1354+must be completed through live sessions, which may be attended in
1355+person or virtually, taught by a certified facilitator. (c)(1) must provide
1356+individualized and on demand support. The evidence based
1357+professional development required under subsection (c)(1) must:
1358+(1) promote explicit, systematic, and cumulative instruction as the
1359+ES 1—LS 6707/DI 143 32
1360+primary approach to literacy instruction;
1361+(2) promote an understanding of how language, reading, and
1362+writing relate to each other;
1363+(3) promote strategies for differentiated instruction for:
1364+(A) students with:
1365+(i) reading difficulties; or
1366+(ii) disabilities; and
1367+(B) English language learners;
1368+(4) focus on phonemic awareness, phonics, fluency, vocabulary,
1369+and comprehension; and
1370+(5) allow participants to implement the strategies into a classroom
1371+environment with the opportunity for feedback throughout the
1372+professional development experience.
1373+(e) The written examination required under subsection (c)(2) shall
1374+ensure the individual demonstrates the ability to:
1375+(1) effectively teach foundational reading skills, phonemic
1376+awareness, phonics, fluency, vocabulary, and comprehension;
1377+(2) implement reading instruction using high quality instructional
1378+materials aligned to the science of reading; and
1379+(3) provide effective instruction and interventions for students
1380+with reading deficiencies.
1381+(f) The department shall approve and provide the evidence based
1382+professional development necessary for an individual to receive a
1383+literacy endorsement under this section.
1384+(g) The department shall establish the procedure for an existing
1385+teacher to add the literacy endorsement established under this section
1386+to the teacher's license.
1387+(h) The state board shall adopt rules under IC 4-22-2 to do the
1388+following:
1389+(1) Adopt, validate, and implement the examination or other
1390+procedures required by subsection (c)(2).
1391+(2) Establish examination scores indicating proficiency.
1392+(3) Otherwise carry out the purposes of this section.
1393+SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
1394+CODE AS A NEW SECTION TO READ AS FOLLOWS
1395+[EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
1396+in section 19.7(b) of this chapter who cannot comply with the
1397+requirements of section 19.7 of this chapter may apply for a waiver
1398+from the department in a form and manner prescribed by the
1399+department.
1400+(b) Subject to subsection (d), if the department determines that
1401+an individual described in subsection (a) cannot comply with the
1402+ES 1—LS 6707/DI 143 33
1403+requirements of section 19.7 of this chapter, the department may
1404+grant the individual a waiver that provides an exception to the
1405+requirements.
1406+(c) The department may grant a waiver under this section to an
1407+individual that:
1408+(1) is not more than one (1) year; and
1409+(2) does not extend beyond July 1, 2028.
1410+However the department may extend the waiver described in this
1411+subsection if the department determines a hardship exists for the
1412+individual in meeting the requirements under section 19.7 of this
1413+chapter.
1414+(d) Before the department may grant a waiver under this
1415+section, the department shall submit a report not later than
1416+December 1, 2026, to the legislative council in an electronic format
1417+under IC 5-14-6 that contains the following information:
1418+(1) The progress made by the department toward the
1419+requirements in section 19.7 of this chapter.
1420+(2) The progress made by the department toward the goal of
1421+student literacy in Indiana.
1422+(3) Barriers and challenges that remain for all individuals
1423+described in section 19.7(b) of this chapter to achieving the
1424+requirements of section 19.7 of this chapter.
1425+(4) The reasons the department's waiver authority under this
1426+section is necessary.
1427+(5) Any other recommendations the department may have for
1428+educators, communities, parents, schools, teacher preparation
1429+programs, and the general assembly for achieving:
1430+(A) full compliance with the requirements of section 19.7
1431+of this chapter; and
1432+(B) student literacy goals of the state.".
1433+Page 7, line 40, delete "teacher" and insert "teacher, instructor, or
1434+tutor".
1435+Page 7, line 42, after "curriculum" insert "or intervention
1436+materials".
1437+Page 9, between lines 37 and 38, begin a new paragraph and insert:
1438+"SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
4851439 SECTION 105, IS AMENDED TO READ AS FOLLOWS
4861440 [EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The state board shall:
4871441 (1) authorize and oversee the department's development and
4881442 implementation of the Indiana's Learning Evaluation Assessment
4891443 Readiness Network (ILEARN) program, including:
4901444 (A) establishment of criteria for requests for proposals for
1445+ES 1—LS 6707/DI 143 34
4911446 statewide assessments developed or authorized under this
4921447 chapter;
4931448 (B) establishment of criteria for membership of evaluation
4941449 teams; and
4951450 (C) establishment of criteria for content and format of the
4961451 statewide assessment; and
4971452 (2) require the department to conduct ongoing analysis of whether
4981453 the statewide assessment results are predictive of success in
4991454 college and career training programs.
5001455 (b) The passing scores on a statewide assessment must be
5011456 determined by statistically valid and reliable methods as determined by
5021457 independent experts selected by the state board.
5031458 (c) The state board, in consultation with The Arc of Indiana and
5041459 Indiana Council of Administrators of Special Education (ICASE), shall
5051460 select one (1) or more individuals who specialize in special education
5061461 who shall, in turn, be consulted with by the state board as part of the
5071462 state board's oversight of the development and implementation of the
5081463 Indiana's Learning Evaluation Assessment Readiness Network
5091464 (ILEARN) program.
510-SEA 1 — Concur 13
5111465 (d) The secretary of education, with the approval of the state board,
5121466 is responsible for the development, implementation, and monitoring of
5131467 the Indiana's Learning Evaluation Assessment Readiness Network
5141468 (ILEARN) program.
5151469 (e) The department shall prepare detailed design specifications for
5161470 the statewide assessment developed under this chapter that must do the
5171471 following:
5181472 (1) Take into account the academic standards adopted under
5191473 IC 20-31-3.
5201474 (2) Include testing of students' higher level cognitive thinking in
5211475 each subject area tested.
5221476 (f) A statewide assessment described in section 7 of this chapter
5231477 may be in a form that allows the department and the state board, to the
5241478 extent possible, to compare the proficiency of Indiana students to the
5251479 proficiency of students in other states. A statewide assessment may
5261480 consist of original test items for Indiana's exclusive use if the state
5271481 board determines that:
5281482 (1) developing original test items for Indiana's exclusive use will
5291483 result in cost savings; or
5301484 (2) it would be impractical to develop a statewide assessment
5311485 adequately aligned to Indiana's academic standards without
5321486 including original test items developed for Indiana's exclusive
5331487 use.
1488+ES 1—LS 6707/DI 143 35
5341489 (g) The state board shall establish a method for virtual
5351490 administration of the statewide assessment described in section 7
536-of this chapter.
537-SECTION 14. IC 20-32-5.1-17, AS AMENDED BY P.L.245-2023,
538-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
539-JULY 1, 2024]: Sec. 17. (a) The state board shall approve two (2) or
540-more benchmark, formative, interim, or similar assessments to identify
541-students that require remediation and provide individualized instruction
542-in which a school corporation, charter school, state accredited
543-nonpublic school, or eligible school (as defined in IC 20-51-1-4.7) may
544-receive a grant under subsection (g).
545-(b) For a benchmark, formative, interim, or similar assessment
546-described in subsection (a) that is administered to students in
547-kindergarten through grade 2, the assessment must meet one (1) or
548-more of the following:
549-(1) The assessment:
550-(A) focuses on English/language arts; and
551-(B) shows alignment, verified by a third party, to Indiana's
552-academic standards for English/language arts domains,
553-SEA 1 — Concur 14
554-specifically foundational reading skills.
555-(2) The assessment is a universal screener that:
556-(A) meets the screening requirements listed in IC 20-35.5-2-2;
557-(B) measures foundational reading skills; and
558-(C) received a convincing or partially convincing rating for
559-accuracy, reliability, and validity by the National Center on
560-Intensive Intervention or a nationally recognized dyslexia
561-assessment expert;
562-(D) screens for early literacy skill deficits;
1491+of this chapter.".
1492+Page 12, line 7, delete "grade 2 who" and insert "grade 2.".
1493+Page 12, delete line 8.
1494+Page 12, line 9, delete "by the department.".
1495+Page 15, delete lines 34 through 35, begin a new line double block
1496+indented and insert:
1497+"(B) was retained more than one (1) time throughout
1498+kindergarten, grade 1, or grade 2.".
1499+Renumber all SECTIONS consecutively.
1500+and when so amended that said bill do pass.
1501+(Reference is to SB 1 as reprinted January 30, 2024.)
1502+BEHNING
1503+Committee Vote: yeas 9, nays 4.
1504+_____
1505+COMMITTEE REPORT
1506+Mr. Speaker: Your Committee on Ways and Means, to which was
1507+referred Engrossed Senate Bill 1, has had the same under consideration
1508+and begs leave to report the same back to the House with the
1509+recommendation that said bill be amended as follows:
1510+Replace the effective date in SECTION 7 with "[EFFECTIVE
1511+UPON PASSAGE]".
1512+Page 10, line 13, delete "A" and insert "Beginning with the
1513+2024-2025 school year, a".
1514+Page 14, line 9, strike "and".
1515+Page 14, line 13, after "expert" delete "." and insert ";".
1516+Page 14, between lines 13 and 14, begin a new line double block
1517+indented and insert:
1518+"(D) screens for early literacy skill deficits;
5631519 (E) provides parents and schools with data analysis guides
5641520 for interpreting results and comprehensive support for
5651521 schools to guide classroom instruction and the
5661522 implementation of reading interventions; and
5671523 (F) provides the department with an annual analysis of
5681524 statewide data trends to support identification of early
1525+ES 1—LS 6707/DI 143 36
5691526 literacy skill deficits and guides targeted intervention
5701527 efforts.
571-(3) The assessment focuses on numeracy and shows alignment,
572-verified by a third party, to Indiana's academic standards for
573-mathematical domains, specifically:
574-(A) number sense;
575-(B) computation and algebraic thinking; and
576-(C) measurement.
577-(c) For a benchmark, formative, interim, or similar assessment
578-described in subsection (a) that is administered to students in grades 3
579-through 7, the assessment must show alignment, verified by a third
580-party, to Indiana's academic standards.
581-(d) For a benchmark, formative, interim, or similar assessment
582-described in subsection (a) that is administered to students in grades 8
583-through 10, the assessment must show alignment, verified by a third
584-party, to:
585-(1) Indiana's academic standards; or
586-(2) the nationally recognized college entrance exam required to be
587-administered under section 7 of this chapter.
588-(e) This subsection does not apply to an assessment that is a
589-universal screener described in subsection (b)(2). The majority of the
590-benchmark, formative, interim, or similar assessment reporting must
591-indicate the degree to which students are on track for grade level
592-proficiency and college and career readiness. Approved assessments
593-must also provide predictive study results for student performance on
594-the statewide assessment under section 7 of this chapter, not later than
595-two (2) years after the summative assessment has been first
596-SEA 1 — Concur 15
597-administered.
598-(f) This subsection does not apply to an assessment that is a
599-universal screener described in subsection (b)(2). A school corporation,
600-charter school, state accredited nonpublic school, or eligible school (as
601-defined in IC 20-51-1-4.7) may elect to administer a benchmark,
602-formative, interim, or similar assessment described in subsection (a).
603-If a school corporation, charter school, state accredited nonpublic
604-school, or eligible school (as defined in IC 20-51-1-4.7) administers an
605-assessment described in subsection (a), the school corporation, charter
606-school, state accredited nonpublic school, or eligible school (as defined
607-in IC 20-51-1-4.7) may prescribe the time and the manner in which the
608-assessment is administered.
609-(g) If a school corporation, charter school, state accredited
610-nonpublic school, or eligible school (as defined in IC 20-51-1-4.7)
611-elects to administer a benchmark, formative, interim, or similar
612-assessment described in subsection (a), the school corporation, charter
613-school, state accredited nonpublic school, or eligible school (as defined
614-in IC 20-51-1-4.7) is entitled to receive a grant or reimbursement from
615-the department in an amount not to exceed the cost of the assessment.
616-The department shall provide grants and reimbursements to a school
617-corporation, charter school, state accredited nonpublic school, or
618-eligible school (as defined in IC 20-51-1-4.7) under this section from
619-money appropriated to the department for the purpose of carrying out
620-this section.
621-(h) Except as provided in subsection (j), the state board and the
622-department may not contract with, approve, or endorse the use of a
623-single vendor to provide benchmark, formative, interim, or similar
624-assessments for any grade level or levels of kindergarten through grade
625-7.
626-(i) Before the state board may approve a benchmark, formative,
627-interim, or similar assessment described in subsection (a), the
628-assessment vendor must enter into a data share agreement with the
629-department in the manner prescribed by the department. A vendor
630-providing an assessment described in subsection (b)(2) shall
631-provide a summary of a student's assessment results to the student
632-and the student's parents. The summary of the results must be in
633-an understandable format for parents that is easy to read.
634-(j) The department shall procure a preferred assessment that
635-meets the requirements specified in subsection (b)(2) for use by
1528+However, the department may not approve more than four (4)
1529+assessments under this subdivision.".
1530+Page 15, line 35, delete "(b)(2). The" and insert "(b)(2) for use by
6361531 schools in which fewer than seventy percent (70%) of students in
6371532 the school achieved a valid passing score on the determinant
638-evaluation of reading skills approved by the state board.
639-SEA 1 — Concur 16
640-(k) This subsection applies to:
641-(1) a public school, including a charter school;
642-(2) a state accredited nonpublic school; and
643-(3) an eligible school (as defined in IC 20-51-1-4.7).
644-An elementary school shall administer an assessment described in
645-subsection (b)(2) to students in kindergarten through grade 2. The
646-department shall provide guidance as to the number of times the
647-assessment is required and when the administrations of the
648-assessment should occur.
649-SECTION 15. IC 20-32-8.5-0.5 IS ADDED TO THE INDIANA
650-CODE AS A NEW SECTION TO READ AS FOLLOWS
651-[EFFECTIVE JULY 1, 2024]: Sec. 0.5. This chapter applies to:
652-(1) a public school, including a charter school;
653-(2) a state accredited nonpublic school; and
654-(3) an eligible school (as defined in IC 20-51-1-4.7).
655-SECTION 16. IC 20-32-8.5-0.7 IS ADDED TO THE INDIANA
656-CODE AS A NEW SECTION TO READ AS FOLLOWS
657-[EFFECTIVE JULY 1, 2024]: Sec. 0.7. As used in this chapter,
658-"student" means an individual who is enrolled in a school
659-described in section 0.5 of this chapter.
660-SECTION 17. IC 20-32-8.5-2, AS AMENDED BY P.L.245-2023,
661-SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
662-JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), or (c),
663-the plan required by this chapter must include the following:
664-(1) Reading skill standards for grade 1 through grade 3.
665-(2) An emphasis on A method for making determinant evaluations
666-by grade 3 that might require remedial action is required for the
667-a student, including:
668-(A) beginning with evaluations administered during the
669-2024-2025 school year, and except as provided in
670-subsection (c), retention of the student in grade 3 if the
671-student has not achieved a passing score on the
672-determinant evaluation of reading skills approved by the
673-state board after the student has had an opportunity to
674-retake the determinant evaluation in the summer; and
675-(B) the use of curricular materials and supplemental
676-materials aligned to the science of reading that are
677-designed to address deficiencies in reading;
678-retention as a last resort, after other methods of remediation have
679-been evaluated or used, or both, if reading skills are below the
680-standard. Appropriate consultation with parents or guardians must
681-be part of the plan.
682-SEA 1 — Concur 17
683-(3) A requirement that schools notify a student's parent of the
684-following:
685-(A) The student's assessment results regarding skill level
686-in:
687-(i) phonemic awareness;
688-(ii) phonics;
689-(iii) fluency;
690-(iv) vocabulary; and
691-(v) comprehension.
692-(B) The student's assessment results on the determinant
693-evaluation of reading skills approved by the state board.
694-(C) Any intervention provided to the student or any
695-remedial action taken.
696-(4) A requirement that schools monitor the progress of
697-students who failed to achieve a valid passing score on the:
698-(A) determinant evaluation of reading skills approved by
699-the state board; or
700-(B) statewide assessment program test.
701-(5) A requirement that schools provide reading instruction
702-that includes a core reading program aligned with the science
703-of reading to all students in kindergarten through grade 8.
704-(6) A requirement for the administration of the determinant
705-evaluation of reading skills approved by the state board to
706-students in grade 2.
707-(7) A requirement that all students take the determinant
708-evaluation of reading skills approved by the state board until
709-the student:
710-(A) receives a passing score, regardless of the student's
711-grade level; or
712-(B) enters grade 7.
713-(8) A requirement that a school report the following to the
714-department:
715-(A) The literacy interventions that will be used for students
716-in grade 2 who are at risk of not being reading proficient
717-and students in grade 3 who do not achieve a valid passing
718-score on the determinant evaluation of reading skills
719-approved by the state board.
720-(B) The literacy interventions in use before the adoption of
721-the plan for students in grade 2 who are at risk of not being
722-reading proficient and students in grade 3 who do not
723-achieve a valid passing score on the determinant
724-evaluation of reading skills approved by the state board.
725-SEA 1 — Concur 18
726-(C) The literacy interventions in use before the adoption of
727-the plan for students who do not achieve a valid passing
728-score on the determinant evaluation of reading skills
729-approved by the state board.
730-(D) The number of students being served by the
731-interventions described in clauses (B) and (C).
732-(E) The cost of providing the interventions described in
733-clauses (B) and (C).
734-(F) Any other information requested by the department.
735-(3) (9) Requirements for a public school maintained by a school
736-corporation in which fewer than seventy percent (70%) of
737-students of the school achieved a valid passing score on the
738-determinant evaluation of reading skills approved by the state
739-board The requirements for the public schools described in this
740-subdivision that must include the following:
741-(A) Use of curriculum that is:
742-(i) based on the science of reading; and
743-(ii) approved by the department.
744-(B) Employment of the following:
745-(i) Before July 1, 2025, an instructional coach who is
746-trained in the science of reading, as determined by the
747-department. This item expires January 1, 2026.
748-(ii) After June 30, 2025, an instructional coach with a
749-literacy related endorsement who is trained in the science
750-of reading.
751-(C) Administration of the determinant evaluation of reading
752-skills approved by the state board to students in grade 2.
753-(D) (C) Use of only benchmark, formative, interim, or similar
754-assessments that:
755-(i) show alignment with Indiana's academic standards; and
756-(ii) are approved by the department.
757-(D) Use of a screener procured under IC 20-32-5.1-17(j).
758-(4) (10) The fiscal impact of each component of the plan, if any.
759-In determining whether a component has a fiscal impact,
760-consideration shall be given to whether the component will
761-increase costs to the state or a school corporation or require the
762-state or school corporation to reallocate resources.
763-(b) For a charter school, as defined in IC 20-24-1-4, a plan may
764-include only the following:
765-(1) A method for making determinant evaluations of reading skills
766-by grade 3.
767-(2) Retention as a last resort for students reading below grade
768-SEA 1 — Concur 19
769-level as measured by the evaluation or assessment.
770-(c) (b) This subsection applies to a public school that is not a charter
771-school. A school corporation may receive a waiver of the requirements
772-provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
773-alternative reading plan provided by the school. corporation.
774-(c) A student who would otherwise be subject to retention in
775-grade 3 under the plan is not subject to the retention requirement
776-only if the student meets one (1) of the following criteria:
777-(1) The student was subject to retention and has been retained
778-in grade 3 for one (1) school year.
779-(2) The student has an intellectual disability or the student's
780-individualized education program specifies that retention is
781-not appropriate, and the student's case conference committee
782-has determined that promotion to another grade is
783-appropriate.
784-(3) The student is an English learner who has received
785-services for fewer than two (2) years and a committee
786-consisting of:
787-(A) the student's parent;
788-(B) a building level administrator or designee;
789-(C) a classroom teacher of service;
790-(D) an English learner teacher of record, if one exists; and
791-(E) an English learner district administrator, if one exists;
792-determines that promotion is appropriate based on the
793-implementation of research based instructional practices
794-outlined in the student's individual learning plan.
795-(4) The student received a score of proficient or above
796-proficient in grade 3 math on the statewide summative
797-assessment.
798-(5) The student:
799-(A) has received intensive intervention as determined by
800-the department in reading for two (2) or more years; and
801-(B) was retained more than one (1) time throughout
802-kindergarten, grade 1, or grade 2.
803-(d) A student who is not subject to the retention requirement as
804-provided under (c) must be provided with additional reading
805-instruction that is aligned with the science of reading until the
806-student achieves a passing score on the determinant evaluation of
807-reading skills approved by the state board.
808-(e) This subsection applies after June 30, 2024. Before October
809-1 of each school year the department shall:
810-(1) identify each incoming student (as defined in section 0.7 of
811-SEA 1 — Concur 20
812-this chapter) enrolled in kindergarten in a school in Indiana;
813-and
814-(2) notify the parent or guardian of the student of the
815-retention requirement under this chapter for grade 3 students
816-who do not achieve a passing score on the Indiana reading
817-evaluation and determination (IRead3).
818-(f) The department shall establish a standard reporting process
1533+evaluation of reading skills approved by the state board.".
1534+Page 15, delete lines 36 through 37.
1535+Page 18, between lines 26 and 27, begin a new line double block
1536+indented and insert:
1537+"(D) Use of a screener procured under IC 20-32-5.1-17(j)".
1538+Page 19, after line 42, begin a new paragraph and insert:
1539+"(f) The department shall establish a standard reporting process
8191540 and reporting window for schools to report students who qualify
820-for an exemption under subsection (c).
821-SECTION 18. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
822-CODE AS A NEW SECTION TO READ AS FOLLOWS
823-[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
824-school or the equivalent authority of a charter school, state
825-accredited nonpublic school, or eligible school (as defined in
826-IC 20-51-1-4.7) shall establish a procedure that allows a parent of
827-a student who:
828-(1) has been retained in grade 3 under the plan; and
829-(2) would not be subject to retention for other reasons;
830-to appeal the student's retention if the parent believes the student
831-meets an exception under section 2(c) of this chapter.
832-SECTION 19. An emergency is declared for this act.
833-SEA 1 — Concur President of the Senate
834-President Pro Tempore
835-Speaker of the House of Representatives
836-Governor of the State of Indiana
837-Date: Time:
838-SEA 1 — Concur
1541+for an exemption under subsection (c).".
1542+Page 20, after line 11, begin a new paragraph and insert:
1543+"SECTION 19. An emergency is declared for this act.".
1544+and when so amended that said bill do pass.
1545+(Reference is to ESB 1 as printed February 15, 2024.)
1546+THOMPSON
1547+Committee Vote: yeas 12, nays 9.
1548+_____
1549+HOUSE MOTION
1550+Mr. Speaker: I move that Engrossed Senate Bill 1 be amended to
1551+read as follows:
1552+Page 14, delete lines 24 through 25.
1553+(Reference is to ESB 1 as printed February 22, 2024.)
1554+TESHKA
1555+ES 1—LS 6707/DI 143