Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 1
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-24-8-5, AS AMENDED BY P.L.201-2023,
SECTION 157, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 5. The following statutes and rules
and guidelines adopted under the following statutes apply to a charter
school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
(7) IC 20-28-10-14 (teacher freedom of association).
(8) IC 20-28-10-17 (school counselor immunity).
(9) For conversion charter schools only if the conversion charter
school elects to collectively bargain under IC 20-24-6-3(b),
IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
IC 20-28-10.
(10) IC 20-33-2 (compulsory school attendance).
(11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
due process and judicial review).
(12) IC 20-33-8-16 (firearms and deadly weapons).
(13) IC 20-34-3 (health and safety measures).
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(14) IC 20-33-9 (reporting of student violations of law).
(15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
(16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending
before July 1, 2018), IC 20-32-5.1 (for a school year beginning
after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided
in IC 20-32-8.5-2(b) IC 20-32-8.5-2 (academic standards,
accreditation, assessment, and remediation).
(17) IC 20-33-7 (parental access to education records).
(18) IC 20-31 (accountability for school performance and
improvement).
(19) IC 20-30-5-19 (personal financial responsibility instruction).
(20) IC 20-26-5-37.3, before its expiration (career and technical
education reporting).
(21) IC 20-35.5 (dyslexia screening and intervention).
(22) IC 22-2-18, before its expiration on June 30, 2021
(limitations on employment of minors).
(23) IC 20-26-12-1 (curricular material purchase and provision;
public school students).
(24) IC 20-26-12-2 (curricular material purchase and rental).
SECTION 2. IC 20-24.2-4-3, AS AMENDED BY P.L.250-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) Except as specifically provided in this
article and section 4 of this chapter, the following provisions of this
title and a rule or guideline adopted by the state board under one (1) of
the following provisions of this title do not apply to a qualified district
or qualified high school:
(1) Provisions that do not apply to school corporations in general.
(2) IC 20-20 (programs administered by the state), except for
IC 20-20-1 (educational service centers).
(3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
continuing education), IC 20-28-4-8 (hiring of transition to
teaching participants; restrictions), IC 20-28-4-11 (transition to
teaching participants; school corporation or subject area;
transition to teaching permit), IC 20-28-5-8 (conviction of certain
felonies or misdemeanors; notice and hearing; permanent
revocation of license; data base of school employees who have
been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
(cancellation of teacher contracts), IC 20-28-8 (contracts with
school administrators), IC 20-28-9 (teacher salary and related
payments), IC 20-28-10 (conditions of employment), and
IC 20-28-11.5 (staff performance evaluations).
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(4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
IC 20-30-3-4 (patriotic commemorative observances),
IC 20-30-5-13 (human sexuality instructional requirements), and
IC 20-30-5-19 (personal financial responsibility instruction).
(5) IC 20-32 (student standards, assessments, and performance),
except for IC 20-32-4 (graduation requirements), IC 20-32-5
(Indiana statewide testing for educational progress for a school
year ending before July 1, 2018), IC 20-32-5.1 (statewide
assessment program for a school year beginning after June 30,
2018), and IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
improvement and remediation plans).
(6) IC 20-37 (career and technical education).
(b) Notwithstanding any other law, a school corporation may not
receive a decrease in state funding based upon the school corporation's
status as a qualified district or the status of a high school within the
school corporation as a qualified high school, or because of the
implementation of a waiver of a statute or rule that is allowed to be
waived by a qualified district or qualified high school.
SECTION 3. IC 20-24.2-4-4, AS AMENDED BY P.L.250-2023,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. The following provisions of this title and rules
and guidelines adopted under the following provisions of this title
apply to a qualified district or qualified high school:
IC 20-20-1 (educational service centers).
IC 20-23 (organization of school corporations).
IC 20-26 (school corporation general administrative provisions).
IC 20-27 (school transportation).
IC 20-28-3-4 (teacher continuing education).
IC 20-28-4-8 (hiring of transition to teaching participants;
restrictions).
IC 20-28-4-11 (transition to teaching participants; school
corporation or subject area; transition to teaching permit).
IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
notice and hearing; permanent revocation of license; data base of
school employees who have been reported).
IC 20-28-6 (teacher contracts).
IC 20-28-7.5 (cancellation of teacher contracts).
IC 20-28-8 (contracts with school administrators).
IC 20-28-9 (teacher salary and related payments).
IC 20-28-10 (conditions of employment).
IC 20-28-11.5 (staff performance evaluations).
IC 20-29 (collective bargaining for teachers).
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IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
observances).
IC 20-30-5-13 (human sexuality instructional requirements).
IC 20-30-5-19 (personal financial responsibility instruction).
IC 20-31 (accountability for school performance and
improvement).
IC 20-32-4, IC 20-32-5 (for a school year beginning before July
1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
2018), and IC 20-32-8 (accreditation, assessment, and
remediation), or any other statute, rule, or guideline related to
standardized assessments.
IC 20-32-8.5 (reading improvement and remediation plans).
IC 20-33 (students: general provisions).
IC 20-34-3 (health and safety measures).
IC 20-35 (special education).
IC 20-35.5 (dyslexia screening and intervention).
IC 20-36 (high ability students).
IC 20-39 (accounting and financial reporting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction and
learning).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state
advances and loans).
IC 20-50 (homeless children and foster care children).
SECTION 4. IC 20-26.5-2-3, AS AMENDED BY P.L.201-2023,
SECTION 167, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3. (a) Notwithstanding any other
law, the following may be suspended for a coalition member in
accordance with the coalition's plan:
(1) Subject to section 1(c) of this chapter, IC 20-30, concerning
curriculum.
(2) The following statutes and rules concerning curricular
materials:
IC 20-26-12-1, except for the provision of curricular materials
at no cost to a student in a public school.
IC 20-26-12-2, except for the prohibition of renting curricular
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materials to students enrolled in a public school.
IC 20-26-12-24.
511 IAC 6.1-5-5.
(3) The following rules concerning teacher licenses:
511 IAC 16.
511 IAC 17.
(4) Subject to subsection (c), IC 20-31-3 (concerning the adoption
of academic standards).
(5) IC 20-31-4.1, concerning the performance based accreditation
system.
(6) Except as provided in subsection (b), any other statute in
IC 20 or rule in 511 IAC requested to be suspended as part of the
plan that is approved by the state board under section 1 of this
chapter.
(b) A coalition member may not suspend under subsection (a)(6)
any of the following:
(1) IC 20-26-5-10 (criminal history and child protection index
check).
(2) IC 20-28 (school teachers).
(3) IC 20-29 (collective bargaining).
(4) IC 20-31 (accountability for performance and improvement),
except for IC 20-31-3 and IC 20-31-4.1.
(5) Subject to subsection (c), IC 20-32-4 (graduation
requirements).
(6) IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program).
(7) IC 20-32-8.5 (reading improvement and remediation
plans).
(7) (8) IC 20-33 (students).
(8) (9) IC 20-34 (student health and safety measures).
(9) (10) IC 20-35 (special education).
(10) (11) IC 20-35.5 (dyslexia screening and intervention).
(11) (12) IC 20-36 (high ability students).
(12) (13) IC 20-39 (accounting and financial reporting
procedures).
(13) (14) IC 20-40 (government funds and accounts).
(14) (15) IC 20-41 (extracurricular funds and accounts).
(15) (16) IC 20-42 (fiduciary funds and accounts).
(16) (17) IC 20-42.5 (allocation of expenditures to student
instruction and learning).
(17) (18) IC 20-43 (state tuition support).
(18) (19) IC 20-44 (property tax levies).
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(19) (20) IC 20-46 (levies other than general fund levies).
(20) (21) IC 20-47 (related entities; holding companies; lease
agreements).
(21) (22) IC 20-48 (borrowing and bonds).
(22) (23) IC 20-49 (state management of common school funds;
state advances and loans).
(23) (24) IC 20-50 (homeless children and foster care children).
(c) A coalition member must comply with the postsecondary
readiness competency requirements under IC 20-32-4-1.5(b)(1).
However, notwithstanding any other law, a coalition member may
replace high school courses on the high school transcript with courses
on the same subject matter with equal or greater rigor to the required
high school course and may count such a course as satisfying the
equivalent diploma requirements established by IC 20 and any
applicable state board administrative rules or requirements. If the
coalition member school offers courses that are not aligned with
requirements adopted by the state board under IC 20-30-10, a parent of
a student and the student who intends to enroll in a course that is not
aligned with requirements adopted by the state board under
IC 20-30-10 must provide consent to the coalition member school to
enroll in the course. The consent form used by the coalition, which
shall be developed in collaboration with the commission for higher
education, must notify the parent and the student that enrollment in the
course may affect the student's ability to attend a particular
postsecondary educational institution or enroll in a particular course at
a particular postsecondary educational institution because the course
does not align with requirements established by the state board under
IC 20-30-10.
SECTION 5. IC 20-28-5-19.7, AS ADDED BY P.L.243-2023,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 19.7. (a) Not later than July 1, 2024, the state
board shall establish and require a literacy endorsement for individuals
first licensed after June 30, 2025, to teach a content area involving
literacy instruction, including special education, in prekindergarten
through grade 5.
(b) Except as provided in section 19.8(a) of this chapter,
beginning July 1, 2025, 2027, the department may not renew a
practitioner license or an accomplished practitioner license, or a
comparable license under prior rules, issued to an individual who,
(1) is first licensed after June 30, 2025; and
(2) based on the content area for which the individual is licensed,
including special education, provides literacy instruction to
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students in prekindergarten through grade 5
unless the individual receives a literacy endorsement under this section.
(c) To be eligible to receive a literacy endorsement, an individual
must meet the following:
(1) Complete eighty (80) hours of evidence based professional
development that is:
(A) aligned to the science of reading; and
(B) provided by an organization accredited by the International
Dyslexia Association; and
(C) (B) approved by the department.
(2) Demonstrate proficiency in scientifically based reading
instruction skills aligned to the science of reading on a written
examination or through other procedures prescribed by the
department in accordance with this section.
(d) Of The eighty (80) hours of evidence based professional
development required under subsection (c)(1), at least forty (40) hours
must be completed through live sessions, which may be attended in
person or virtually, taught by a certified facilitator. (c)(1) must provide
individualized and on demand support. The evidence based
professional development required under subsection (c)(1) must:
(1) promote explicit, systematic, and cumulative instruction as the
primary approach to literacy instruction;
(2) promote an understanding of how language, reading, and
writing relate to each other;
(3) promote strategies for differentiated instruction for:
(A) students with:
(i) reading difficulties; or
(ii) disabilities; and
(B) English language learners;
(4) focus on phonemic awareness, phonics, fluency, vocabulary,
and comprehension; and
(5) allow participants to implement the strategies into a classroom
environment with the opportunity for feedback throughout the
professional development experience.
(e) The written examination required under subsection (c)(2) shall
ensure the individual demonstrates the ability to:
(1) effectively teach foundational reading skills, phonemic
awareness, phonics, fluency, vocabulary, and comprehension;
(2) implement reading instruction using high quality instructional
materials aligned to the science of reading; and
(3) provide effective instruction and interventions for students
with reading deficiencies.
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(f) The department shall approve and provide the evidence based
professional development necessary for an individual to receive a
literacy endorsement under this section.
(g) The department shall establish the procedure for an existing
teacher to add the literacy endorsement established under this section
to the teacher's license.
(h) The state board shall adopt rules under IC 4-22-2 to do the
following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (c)(2).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
SECTION 6. IC 20-28-5-19.8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 19.8. (a) An individual described
in section 19.7(b) of this chapter who cannot comply with the
requirements of section 19.7 of this chapter may apply for a waiver
from the department in a form and manner prescribed by the
department.
(b) Subject to subsection (d), if the department determines that
an individual described in subsection (a) cannot comply with the
requirements of section 19.7 of this chapter, the department may
grant the individual a waiver that provides an exception to the
requirements.
(c) The department may grant a waiver under this section to an
individual that:
(1) is not more than one (1) year; and
(2) does not extend beyond July 1, 2028.
However the department may extend the waiver described in this
subsection if the department determines a hardship exists for the
individual in meeting the requirements under section 19.7 of this
chapter.
(d) Before the department may grant a waiver under this
section, the department shall submit a report not later than
December 1, 2026, to the legislative council in an electronic format
under IC 5-14-6 that contains the following information:
(1) The progress made by the department toward the
requirements in section 19.7 of this chapter.
(2) The progress made by the department toward the goal of
student literacy in Indiana.
(3) Barriers and challenges that remain for all individuals
described in section 19.7(b) of this chapter to achieving the
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requirements of section 19.7 of this chapter.
(4) The reasons the department's waiver authority under this
section is necessary.
(5) Any other recommendations the department may have for
educators, communities, parents, schools, teacher preparation
programs, and the general assembly for achieving:
(A) full compliance with the requirements of section 19.7
of this chapter; and
(B) student literacy goals of the state.
SECTION 7. IC 20-30-7-1, AS AMENDED BY P.L.167-2018,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) Except as provided in subsection (c),
the state board may prescribe a program of summer school education
for public schools. Subject to subsection (b), the state board shall
adopt rules under IC 4-22-2 to provide for:
(1) summer school programs; and
(2) the state distribution formula for any money appropriated by
the general assembly for summer school education to allow for
the reimbursement for:
(A) instructional costs; and
(B) costs of tuition for an applicable online summer school
course.
(b) The state board shall give priority reimbursement, which
must be exempt from the distribution formula adopted by the state
board under subsection (a), for all eligible costs for summer school
courses that include curriculum aligned with the science of reading
designated by the department to support students in:
(1) grade 2 who are at risk of not being reading proficient;
and
(2) grade 3 who are not reading proficient;
as indicated on the determinant evaluation of reading skills
approved by the state board under IC 20-32-8.5-2.
(c) A state accredited nonpublic school and an eligible school (as
defined in IC 20-51-1-4.7) shall be eligible for summer school
funding for courses that include curriculum aligned with the
science of reading designated by the department to support
students in:
(1) grade 2 who are at risk of not being reading proficient;
and
(2) grade 3 who are not reading proficient;
as indicated on the determinant evaluation of reading skills
approved by the state board under IC 20-32-8.5-2.
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SECTION 8. IC 20-30-7-13 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 13. (a) This section applies to:
(1) a public school, including a charter school;
(2) a state accredited nonpublic school; and
(3) an eligible school (as defined in IC 20-51-1-4.7).
(b) Beginning with the 2024-2025 school year, a school shall
offer summer school courses designated by the department to
support students in:
(1) grade 2 who are at risk of not being reading proficient;
and
(2) grade 3 who are not reading proficient;
as indicated on the determinant evaluation of reading skills
approved by the state board under IC 20-32-8.5-2.
(c) A summer school course described in subsection (b) must:
(1) be taught by a teacher, instructor, or tutor who is trained
in the science of reading as determined by the department;
and
(2) use curriculum or intervention materials aligned with the
science of reading.
(d) If a student described in subsection (b) does not achieve at
least a ninety percent (90%) attendance rate in a summer reading
course described in subsection (b), the student shall participate in
an individual reading plan aligned with the science of reading in
the following school year.
SECTION 9. IC 20-31-4.1-7, AS AMENDED BY P.L.201-2023,
SECTION 169, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 7. A school or group of schools that
submits an application under section 4 of this chapter may not request
to waive any of the following provisions:
IC 20-24-8-2 (prohibited acts).
IC 20-26-5-10 (criminal history and child protection index check).
IC 20-26-12-1 (curricular material purchase and provision; public
school students).
IC 20-26-12-2 (curricular material purchase and rental).
IC 20-27-7 (school bus inspection and registration).
IC 20-27-8-1 (school bus drivers and monitors).
IC 20-27-8-2 (school bus driver driving summary).
IC 20-27-10-3 (capacity of school bus).
IC 20-28 (school teachers).
IC 20-29 (collective bargaining).
IC 20-30-5-0.5 (display of United States flag; Pledge of
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Allegiance).
IC 20-30-5-1 (constitutions).
IC 20-30-5-2 (constitutions; interdisciplinary course).
IC 20-30-5-3 (protected writings).
IC 20-30-5-4 (American history).
IC 20-30-5-4.5 (moment of silence).
IC 20-30-5-5 (morals instruction).
IC 20-30-5-6 (good citizenship instruction).
IC 20-30-5-13 (human sexuality instructional requirements).
IC 20-30-5-17 (access to materials; consent for participation).
IC 20-30-5-21 (contrary student instruction not permitted).
IC 20-30-5-22 (Indiana studies).
IC 20-31 (accountability for performance and improvement).
IC 20-32-4 (graduation requirements).
IC 20-32-5.1 (Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program).
IC 20-32-8.5 (reading improvement and remediation plans).
IC 20-33-1 (equal educational opportunity).
IC 20-34 (student health and safety measures).
IC 20-35 (special education).
IC 20-35.5 (dyslexia screening and intervention).
IC 20-36 (high ability students).
IC 20-39 (accounting and financial reporting procedures).
IC 20-40 (government funds and accounts).
IC 20-41 (extracurricular funds and accounts).
IC 20-42 (fiduciary funds and accounts).
IC 20-42.5 (allocation of expenditures to student instruction and
learning).
IC 20-43 (state tuition support).
IC 20-44 (property tax levies).
IC 20-46 (levies other than general fund levies).
IC 20-47 (related entities; holding companies; lease agreements).
IC 20-48 (borrowing and bonds).
IC 20-49 (state management of common school funds; state
advances and loans).
IC 20-50 (homeless children and foster care children).
IC 20-51 (school scholarships).
SECTION 10. IC 20-32-1-1, AS AMENDED BY P.L.92-2020,
SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1. Except as provided in IC 20-32-8.5, this
article applies only to the following:
(1) Public schools.
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(2) State accredited nonpublic schools.
SECTION 11. IC 20-32-2-2.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.1. "Retention" means an
individual repeating the same grade level in a subsequent school
year that the individual participated in during the immediately
preceding school year.
SECTION 12. IC 20-32-2-3, AS AMENDED BY P.L.92-2020,
SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. Except as provided in IC 20-32-8.5-0.7,
"student" means an individual who is enrolled in:
(1) a public school;
(2) a state accredited nonpublic school; or
(3) another nonpublic school that has requested and received from
the state board specific approval of the school's educational
program.
SECTION 13. IC 20-32-5.1-6, AS AMENDED BY P.L.43-2021,
SECTION 105, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 6. (a) The state board shall:
(1) authorize and oversee the department's development and
implementation of the Indiana's Learning Evaluation Assessment
Readiness Network (ILEARN) program, including:
(A) establishment of criteria for requests for proposals for
statewide assessments developed or authorized under this
chapter;
(B) establishment of criteria for membership of evaluation
teams; and
(C) establishment of criteria for content and format of the
statewide assessment; and
(2) require the department to conduct ongoing analysis of whether
the statewide assessment results are predictive of success in
college and career training programs.
(b) The passing scores on a statewide assessment must be
determined by statistically valid and reliable methods as determined by
independent experts selected by the state board.
(c) The state board, in consultation with The Arc of Indiana and
Indiana Council of Administrators of Special Education (ICASE), shall
select one (1) or more individuals who specialize in special education
who shall, in turn, be consulted with by the state board as part of the
state board's oversight of the development and implementation of the
Indiana's Learning Evaluation Assessment Readiness Network
(ILEARN) program.
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(d) The secretary of education, with the approval of the state board,
is responsible for the development, implementation, and monitoring of
the Indiana's Learning Evaluation Assessment Readiness Network
(ILEARN) program.
(e) The department shall prepare detailed design specifications for
the statewide assessment developed under this chapter that must do the
following:
(1) Take into account the academic standards adopted under
IC 20-31-3.
(2) Include testing of students' higher level cognitive thinking in
each subject area tested.
(f) A statewide assessment described in section 7 of this chapter
may be in a form that allows the department and the state board, to the
extent possible, to compare the proficiency of Indiana students to the
proficiency of students in other states. A statewide assessment may
consist of original test items for Indiana's exclusive use if the state
board determines that:
(1) developing original test items for Indiana's exclusive use will
result in cost savings; or
(2) it would be impractical to develop a statewide assessment
adequately aligned to Indiana's academic standards without
including original test items developed for Indiana's exclusive
use.
(g) The state board shall establish a method for virtual
administration of the statewide assessment described in section 7
of this chapter.
SECTION 14. IC 20-32-5.1-17, AS AMENDED BY P.L.245-2023,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 17. (a) The state board shall approve two (2) or
more benchmark, formative, interim, or similar assessments to identify
students that require remediation and provide individualized instruction
in which a school corporation, charter school, state accredited
nonpublic school, or eligible school (as defined in IC 20-51-1-4.7) may
receive a grant under subsection (g).
(b) For a benchmark, formative, interim, or similar assessment
described in subsection (a) that is administered to students in
kindergarten through grade 2, the assessment must meet one (1) or
more of the following:
(1) The assessment:
(A) focuses on English/language arts; and
(B) shows alignment, verified by a third party, to Indiana's
academic standards for English/language arts domains,
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specifically foundational reading skills.
(2) The assessment is a universal screener that:
(A) meets the screening requirements listed in IC 20-35.5-2-2;
(B) measures foundational reading skills; and
(C) received a convincing or partially convincing rating for
accuracy, reliability, and validity by the National Center on
Intensive Intervention or a nationally recognized dyslexia
assessment expert;
(D) screens for early literacy skill deficits;
(E) provides parents and schools with data analysis guides
for interpreting results and comprehensive support for
schools to guide classroom instruction and the
implementation of reading interventions; and
(F) provides the department with an annual analysis of
statewide data trends to support identification of early
literacy skill deficits and guides targeted intervention
efforts.
(3) The assessment focuses on numeracy and shows alignment,
verified by a third party, to Indiana's academic standards for
mathematical domains, specifically:
(A) number sense;
(B) computation and algebraic thinking; and
(C) measurement.
(c) For a benchmark, formative, interim, or similar assessment
described in subsection (a) that is administered to students in grades 3
through 7, the assessment must show alignment, verified by a third
party, to Indiana's academic standards.
(d) For a benchmark, formative, interim, or similar assessment
described in subsection (a) that is administered to students in grades 8
through 10, the assessment must show alignment, verified by a third
party, to:
(1) Indiana's academic standards; or
(2) the nationally recognized college entrance exam required to be
administered under section 7 of this chapter.
(e) This subsection does not apply to an assessment that is a
universal screener described in subsection (b)(2). The majority of the
benchmark, formative, interim, or similar assessment reporting must
indicate the degree to which students are on track for grade level
proficiency and college and career readiness. Approved assessments
must also provide predictive study results for student performance on
the statewide assessment under section 7 of this chapter, not later than
two (2) years after the summative assessment has been first
SEA 1 — Concur 15
administered.
(f) This subsection does not apply to an assessment that is a
universal screener described in subsection (b)(2). A school corporation,
charter school, state accredited nonpublic school, or eligible school (as
defined in IC 20-51-1-4.7) may elect to administer a benchmark,
formative, interim, or similar assessment described in subsection (a).
If a school corporation, charter school, state accredited nonpublic
school, or eligible school (as defined in IC 20-51-1-4.7) administers an
assessment described in subsection (a), the school corporation, charter
school, state accredited nonpublic school, or eligible school (as defined
in IC 20-51-1-4.7) may prescribe the time and the manner in which the
assessment is administered.
(g) If a school corporation, charter school, state accredited
nonpublic school, or eligible school (as defined in IC 20-51-1-4.7)
elects to administer a benchmark, formative, interim, or similar
assessment described in subsection (a), the school corporation, charter
school, state accredited nonpublic school, or eligible school (as defined
in IC 20-51-1-4.7) is entitled to receive a grant or reimbursement from
the department in an amount not to exceed the cost of the assessment.
The department shall provide grants and reimbursements to a school
corporation, charter school, state accredited nonpublic school, or
eligible school (as defined in IC 20-51-1-4.7) under this section from
money appropriated to the department for the purpose of carrying out
this section.
(h) Except as provided in subsection (j), the state board and the
department may not contract with, approve, or endorse the use of a
single vendor to provide benchmark, formative, interim, or similar
assessments for any grade level or levels of kindergarten through grade
7.
(i) Before the state board may approve a benchmark, formative,
interim, or similar assessment described in subsection (a), the
assessment vendor must enter into a data share agreement with the
department in the manner prescribed by the department. A vendor
providing an assessment described in subsection (b)(2) shall
provide a summary of a student's assessment results to the student
and the student's parents. The summary of the results must be in
an understandable format for parents that is easy to read.
(j) The department shall procure a preferred assessment that
meets the requirements specified in subsection (b)(2) for use by
schools in which fewer than seventy percent (70%) of students in
the school achieved a valid passing score on the determinant
evaluation of reading skills approved by the state board.
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(k) This subsection applies to:
(1) a public school, including a charter school;
(2) a state accredited nonpublic school; and
(3) an eligible school (as defined in IC 20-51-1-4.7).
An elementary school shall administer an assessment described in
subsection (b)(2) to students in kindergarten through grade 2. The
department shall provide guidance as to the number of times the
assessment is required and when the administrations of the
assessment should occur.
SECTION 15. IC 20-32-8.5-0.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 0.5. This chapter applies to:
(1) a public school, including a charter school;
(2) a state accredited nonpublic school; and
(3) an eligible school (as defined in IC 20-51-1-4.7).
SECTION 16. IC 20-32-8.5-0.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 0.7. As used in this chapter,
"student" means an individual who is enrolled in a school
described in section 0.5 of this chapter.
SECTION 17. IC 20-32-8.5-2, AS AMENDED BY P.L.245-2023,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) Except as provided in subsection (b), or (c),
the plan required by this chapter must include the following:
(1) Reading skill standards for grade 1 through grade 3.
(2) An emphasis on A method for making determinant evaluations
by grade 3 that might require remedial action is required for the
a student, including:
(A) beginning with evaluations administered during the
2024-2025 school year, and except as provided in
subsection (c), retention of the student in grade 3 if the
student has not achieved a passing score on the
determinant evaluation of reading skills approved by the
state board after the student has had an opportunity to
retake the determinant evaluation in the summer; and
(B) the use of curricular materials and supplemental
materials aligned to the science of reading that are
designed to address deficiencies in reading;
retention as a last resort, after other methods of remediation have
been evaluated or used, or both, if reading skills are below the
standard. Appropriate consultation with parents or guardians must
be part of the plan.
SEA 1 — Concur 17
(3) A requirement that schools notify a student's parent of the
following:
(A) The student's assessment results regarding skill level
in:
(i) phonemic awareness;
(ii) phonics;
(iii) fluency;
(iv) vocabulary; and
(v) comprehension.
(B) The student's assessment results on the determinant
evaluation of reading skills approved by the state board.
(C) Any intervention provided to the student or any
remedial action taken.
(4) A requirement that schools monitor the progress of
students who failed to achieve a valid passing score on the:
(A) determinant evaluation of reading skills approved by
the state board; or
(B) statewide assessment program test.
(5) A requirement that schools provide reading instruction
that includes a core reading program aligned with the science
of reading to all students in kindergarten through grade 8.
(6) A requirement for the administration of the determinant
evaluation of reading skills approved by the state board to
students in grade 2.
(7) A requirement that all students take the determinant
evaluation of reading skills approved by the state board until
the student:
(A) receives a passing score, regardless of the student's
grade level; or
(B) enters grade 7.
(8) A requirement that a school report the following to the
department:
(A) The literacy interventions that will be used for students
in grade 2 who are at risk of not being reading proficient
and students in grade 3 who do not achieve a valid passing
score on the determinant evaluation of reading skills
approved by the state board.
(B) The literacy interventions in use before the adoption of
the plan for students in grade 2 who are at risk of not being
reading proficient and students in grade 3 who do not
achieve a valid passing score on the determinant
evaluation of reading skills approved by the state board.
SEA 1 — Concur 18
(C) The literacy interventions in use before the adoption of
the plan for students who do not achieve a valid passing
score on the determinant evaluation of reading skills
approved by the state board.
(D) The number of students being served by the
interventions described in clauses (B) and (C).
(E) The cost of providing the interventions described in
clauses (B) and (C).
(F) Any other information requested by the department.
(3) (9) Requirements for a public school maintained by a school
corporation in which fewer than seventy percent (70%) of
students of the school achieved a valid passing score on the
determinant evaluation of reading skills approved by the state
board The requirements for the public schools described in this
subdivision that must include the following:
(A) Use of curriculum that is:
(i) based on the science of reading; and
(ii) approved by the department.
(B) Employment of the following:
(i) Before July 1, 2025, an instructional coach who is
trained in the science of reading, as determined by the
department. This item expires January 1, 2026.
(ii) After June 30, 2025, an instructional coach with a
literacy related endorsement who is trained in the science
of reading.
(C) Administration of the determinant evaluation of reading
skills approved by the state board to students in grade 2.
(D) (C) Use of only benchmark, formative, interim, or similar
assessments that:
(i) show alignment with Indiana's academic standards; and
(ii) are approved by the department.
(D) Use of a screener procured under IC 20-32-5.1-17(j).
(4) (10) The fiscal impact of each component of the plan, if any.
In determining whether a component has a fiscal impact,
consideration shall be given to whether the component will
increase costs to the state or a school corporation or require the
state or school corporation to reallocate resources.
(b) For a charter school, as defined in IC 20-24-1-4, a plan may
include only the following:
(1) A method for making determinant evaluations of reading skills
by grade 3.
(2) Retention as a last resort for students reading below grade
SEA 1 — Concur 19
level as measured by the evaluation or assessment.
(c) (b) This subsection applies to a public school that is not a charter
school. A school corporation may receive a waiver of the requirements
provided in 511 IAC 6.2-3.1-4(a)(2) if the state board approves an
alternative reading plan provided by the school. corporation.
(c) A student who would otherwise be subject to retention in
grade 3 under the plan is not subject to the retention requirement
only if the student meets one (1) of the following criteria:
(1) The student was subject to retention and has been retained
in grade 3 for one (1) school year.
(2) The student has an intellectual disability or the student's
individualized education program specifies that retention is
not appropriate, and the student's case conference committee
has determined that promotion to another grade is
appropriate.
(3) The student is an English learner who has received
services for fewer than two (2) years and a committee
consisting of:
(A) the student's parent;
(B) a building level administrator or designee;
(C) a classroom teacher of service;
(D) an English learner teacher of record, if one exists; and
(E) an English learner district administrator, if one exists;
determines that promotion is appropriate based on the
implementation of research based instructional practices
outlined in the student's individual learning plan.
(4) The student received a score of proficient or above
proficient in grade 3 math on the statewide summative
assessment.
(5) The student:
(A) has received intensive intervention as determined by
the department in reading for two (2) or more years; and
(B) was retained more than one (1) time throughout
kindergarten, grade 1, or grade 2.
(d) A student who is not subject to the retention requirement as
provided under (c) must be provided with additional reading
instruction that is aligned with the science of reading until the
student achieves a passing score on the determinant evaluation of
reading skills approved by the state board.
(e) This subsection applies after June 30, 2024. Before October
1 of each school year the department shall:
(1) identify each incoming student (as defined in section 0.7 of
SEA 1 — Concur 20
this chapter) enrolled in kindergarten in a school in Indiana;
and
(2) notify the parent or guardian of the student of the
retention requirement under this chapter for grade 3 students
who do not achieve a passing score on the Indiana reading
evaluation and determination (IRead3).
(f) The department shall establish a standard reporting process
and reporting window for schools to report students who qualify
for an exemption under subsection (c).
SECTION 18. IC 20-32-8.5-2.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.5. The governing body of a
school or the equivalent authority of a charter school, state
accredited nonpublic school, or eligible school (as defined in
IC 20-51-1-4.7) shall establish a procedure that allows a parent of
a student who:
(1) has been retained in grade 3 under the plan; and
(2) would not be subject to retention for other reasons;
to appeal the student's retention if the parent believes the student
meets an exception under section 2(c) of this chapter.
SECTION 19. An emergency is declared for this act.
SEA 1 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 1 — Concur