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Indiana Senate Bill SB0141

Indiana 2024 Regular Session

Indiana Senate Bill SB0141 Compare Versions

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1-*SB0141.2*
2-Reprinted
3-February 6, 2024
1+*SB0141.1*
2+February 2, 2024
43 SENATE BILL No. 141
54 _____
6-DIGEST OF SB 141 (Updated February 5, 2024 2:41 pm - DI 110)
5+DIGEST OF SB 141 (Updated January 31, 2024 6:06 pm - DI 110)
76 Citations Affected: IC 20-28; IC 20-33.
8-Synopsis: Education matters. Provides that, for the 2024-2025 and
9-2025-2026 school years, a school shall ensure that at least 60% of a
7+Synopsis: Education matters. Provides that, for the 2024-2025 school
8+year, a school shall ensure that at least 60% of a school counselor's
9+aggregate time performing the counselor's job duties is devoted to
10+providing direct services to students. Provides that, beginning with the
11+2025-2026 school year, a school shall ensure that at least 85% of a
1012 school counselor's aggregate time performing the counselor's job duties
11-is devoted to providing direct services to students. Provides that,
12-beginning with the 2026-2027 school year, a school shall ensure that
13-at least 80% of a school counselor's aggregate time performing the
14-counselor's job duties is devoted to providing direct services to
15-students. Exempts schools that have a school counselor/student ratio
16-that is not more than one school counselor to 350 students from the
17-school counselor time requirement provisions. Allows school
18-corporations to provide certain notices regarding expulsion meetings
19-by electronic mail.
13+is devoted to providing direct services to students. Exempts schools
14+that have a school counselor/student ratio that is not more than one
15+school counselor to 350 students from the school counselor time
16+requirement provisions. Allows school corporations to provide certain
17+notices regarding expulsion meetings by electronic mail.
2018 Effective: July 1, 2024.
2119 Leising, Donato
2220 January 8, 2024, read first time and referred to Committee on Education and Career
2321 Development.
2422 February 1, 2024, amended, reported favorably — Do Pass.
25-February 5, 2024, read second time, amended, ordered engrossed.
26-SB 141—LS 6556/DI 110 Reprinted
27-February 6, 2024
23+SB 141—LS 6556/DI 110 February 2, 2024
2824 Second Regular Session of the 123rd General Assembly (2024)
2925 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3026 Constitution) is being amended, the text of the existing provision will appear in this style type,
3127 additions will appear in this style type, and deletions will appear in this style type.
3228 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3329 provision adopted), the text of the new provision will appear in this style type. Also, the
3430 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3531 a new provision to the Indiana Code or the Indiana Constitution.
3632 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3733 between statutes enacted by the 2023 Regular Session of the General Assembly.
3834 SENATE BILL No. 141
3935 A BILL FOR AN ACT to amend the Indiana Code concerning
4036 education.
4137 Be it enacted by the General Assembly of the State of Indiana:
4238 1 SECTION 1. IC 20-28-10-20 IS ADDED TO THE INDIANA
4339 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
4440 3 [EFFECTIVE JULY 1, 2024]: Sec. 20. (a) As used in this section,
4541 4 "school" means the following:
4642 5 (1) A school maintained by a school corporation.
4743 6 (2) A charter school.
4844 7 (3) A state accredited nonpublic school.
4945 8 (b) If a school has a school counselor/student ratio that is not
5046 9 more than one (1) school counselor to three hundred fifty (350)
5147 10 students, the school is not required to comply with this section.
52-11 (c) For the 2024-2025 and 2025-2026 school years, a school shall
53-12 ensure that at least sixty percent (60%) of a school counselor's
54-13 aggregate time performing the counselor's job duties is devoted to
55-14 providing direct services to students as described in subsection (d).
56-15 This subsection expires July 1, 2026.
57-16 (d) Beginning with the 2026-2027 school year, a school shall
58-17 ensure that at least eighty percent (80%) of a school counselor's
48+11 (c) For the 2024-2025 school year, a school shall ensure that at
49+12 least sixty percent (60%) of a school counselor's aggregate time
50+13 performing the counselor's job duties is devoted to providing direct
51+14 services to students as described in subsection (d). This subsection
52+15 expires July 1, 2025.
53+16 (d) Beginning with the 2025-2026 school year, a school shall
54+17 ensure that at least eighty-five percent (85%) of a school
5955 SB 141—LS 6556/DI 110 2
60-1 aggregate time performing the counselor's job duties is devoted to
61-2 providing direct services to students, including:
56+1 counselor's aggregate time performing the counselor's job duties
57+2 is devoted to providing direct services to students, including:
6258 3 (1) classroom instruction;
6359 4 (2) assisting in creating a plan for college and career
6460 5 readiness;
6561 6 (3) dropout prevention;
6662 7 (4) social and emotional supports; and
6763 8 (5) individual student planning.
6864 9 SECTION 2. IC 20-33-8-19, AS AMENDED BY P.L.94-2019,
6965 10 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7066 11 JULY 1, 2024]: Sec. 19. (a) A superintendent of a school corporation
7167 12 may conduct an expulsion meeting or appoint one (1) of the following
7268 13 to conduct an expulsion meeting:
7369 14 (1) Legal counsel.
7470 15 (2) A member of the administrative staff if the member:
7571 16 (A) has not expelled the student during the current school
7672 17 year; and
7773 18 (B) was not involved in the events giving rise to the expulsion.
7874 19 The superintendent or a person designated under this subsection may
7975 20 issue subpoenas, compel the attendance of witnesses, and administer
8076 21 oaths to persons giving testimony at an expulsion meeting.
8177 22 (b) An expulsion may take place only after the student and the
8278 23 student's parent are given notice of their right to appear at an expulsion
8379 24 meeting with the superintendent or a person designated under
8480 25 subsection (a). Notice of the right to appear at an expulsion meeting
8581 26 must:
8682 27 (1) be made by:
8783 28 (A) certified mail or by personal delivery; or
8884 29 (B) electronic mail if the:
8985 30 (i) parent has provided the electronic mail address to the
9086 31 school as a means of communication and, in the case of
9187 32 a student, the electronic mail is sent to the student's
9288 33 school created electronic mail address; and
9389 34 (ii) school is able to confirm the electronic mail was
94-35 opened and responded to by a user of the electronic mail
95-36 account under item (i);
90+35 opened by a user of the electronic mail account under
91+36 item (i);
9692 37 (2) contain the reasons for the expulsion; and
9793 38 (3) contain the procedure for requesting an expulsion meeting.
98-39 If the school is unable to confirm within forty-eight (48) hours
99-40 from the time the electronic mail was sent under subdivision (1)(B)
100-41 that the electronic mail was opened and responded to by a user of
101-42 the electronic mail account as described in subdivision (1)(B)(ii),
94+39 (c) The individual conducting an expulsion meeting:
95+40 (1) shall make a written summary of the evidence heard at the
96+41 expulsion meeting;
97+42 (2) may take action that the individual finds appropriate;
10298 SB 141—LS 6556/DI 110 3
103-1 notice to the student and the parent of the student under this
104-2 subsection must be made by certified mail or by personal delivery.
105-3 (c) The individual conducting an expulsion meeting:
106-4 (1) shall make a written summary of the evidence heard at the
107-5 expulsion meeting;
108-6 (2) may take action that the individual finds appropriate;
109-7 (3) shall provide the information described in subsection (g) to
110-8 the student and the student's parent; and
111-9 (4) must give notice of the action taken under subdivision (2) to
112-10 the student and the student's parent.
113-11 (d) If the student or the student's parent not later than ten (10) days
114-12 of receipt of a notice of action taken under subsection (c) makes a
115-13 written appeal to the governing body, the governing body:
116-14 (1) shall hold a meeting to consider:
117-15 (A) the written summary of evidence prepared under
118-16 subsection (c)(1); and
119-17 (B) the arguments of the principal and the student or the
120-18 student's parent;
121-19 unless the governing body has voted under subsection (f) not to
122-20 hear appeals of actions taken under subsection (c); and
123-21 (2) may take action that the governing body finds appropriate.
124-22 The decision of the governing body may be appealed only under
125-23 section 21 of this chapter.
126-24 (e) A student or a student's parent who fails to request and appear
127-25 at an expulsion meeting after receipt of notice of the right to appear at
128-26 an expulsion meeting forfeits all rights administratively to contest and
129-27 appeal the expulsion. For purposes of this section, notice of the right to
130-28 appear at an expulsion meeting or notice of the action taken at an
131-29 expulsion meeting is effectively given at the time when the request or
132-30 notice is:
133-31 (1) delivered personally or sent by certified mail to a student and
134-32 the student's parent; or
135-33 (2) made by:
136-34 (A) electronic mail to the student and the student's parent
137-35 if the:
138-36 (i) parent has provided the electronic mail address to the
139-37 school as a means of communication and, in the case of
140-38 a student, the electronic mail is sent to the student's
141-39 school created electronic mail address; and
142-40 (ii) school confirms the electronic mail was opened and
143-41 responded to by a user of the electronic mail account
144-42 under item (i); or
99+1 (3) shall provide the information described in subsection (g) to
100+2 the student and the student's parent; and
101+3 (4) must give notice of the action taken under subdivision (2) to
102+4 the student and the student's parent.
103+5 (d) If the student or the student's parent not later than ten (10) days
104+6 of receipt of a notice of action taken under subsection (c) makes a
105+7 written appeal to the governing body, the governing body:
106+8 (1) shall hold a meeting to consider:
107+9 (A) the written summary of evidence prepared under
108+10 subsection (c)(1); and
109+11 (B) the arguments of the principal and the student or the
110+12 student's parent;
111+13 unless the governing body has voted under subsection (f) not to
112+14 hear appeals of actions taken under subsection (c); and
113+15 (2) may take action that the governing body finds appropriate.
114+16 The decision of the governing body may be appealed only under
115+17 section 21 of this chapter.
116+18 (e) A student or a student's parent who fails to request and appear
117+19 at an expulsion meeting after receipt of notice of the right to appear at
118+20 an expulsion meeting forfeits all rights administratively to contest and
119+21 appeal the expulsion. For purposes of this section, notice of the right to
120+22 appear at an expulsion meeting or notice of the action taken at an
121+23 expulsion meeting is effectively given at the time when the request or
122+24 notice is:
123+25 (1) delivered personally or sent by certified mail to a student and
124+26 the student's parent; or
125+27 (2) made by electronic mail to the student and the student's
126+28 parent if the:
127+29 (A) parent has provided the electronic mail address to the
128+30 school as a means of communication and, in the case of a
129+31 student, the electronic mail is sent to the student's school
130+32 created electronic mail address; and
131+33 (B) school confirms the electronic mail was opened by a
132+34 user of the electronic mail account under clause (A).
133+35 (f) The governing body may vote to not hear appeals of actions
134+36 taken under subsection (c). If the governing body votes to not hear
135+37 appeals, subsequent to the date on which the vote is taken, a student or
136+38 parent may appeal only under section 21 of this chapter.
137+39 (g) Each school corporation shall annually prepare a list of:
138+40 (1) alternative education programs in the same county in which
139+41 the school corporation is located or a county immediately adjacent
140+42 to the county in which the school corporation is located; and
145141 SB 141—LS 6556/DI 110 4
146-1 (B) if the school is unable to confirm within forty-eight (48)
147-2 hours from the time that the electronic mail was sent under
148-3 clause (A) that the electronic mail was opened and
149-4 responded to by a user of the electronic mail account as
150-5 described in clause (A)(ii), personal delivery or is sent by
151-6 certified mail to the student and the student's parent.
152-7 (f) The governing body may vote to not hear appeals of actions
153-8 taken under subsection (c). If the governing body votes to not hear
154-9 appeals, subsequent to the date on which the vote is taken, a student or
155-10 parent may appeal only under section 21 of this chapter.
156-11 (g) Each school corporation shall annually prepare a list of:
157-12 (1) alternative education programs in the same county in which
158-13 the school corporation is located or a county immediately adjacent
159-14 to the county in which the school corporation is located; and
160-15 (2) virtual charter schools;
161-16 in which a student may enroll if the student is expelled. The list must
162-17 contain contact information for the entities described in subdivisions
163-18 (1) and (2) and must provide the student and the student's parent notice
164-19 that the student may be required to comply with IC 20-33-2 or any
165-20 statute relating to compulsory school attendance in accordance with
166-21 section 31 of this chapter. A copy of the list shall be provided to the
167-22 student or the student's parent at the expulsion meeting. If the student
168-23 or student's parent fails to attend an expulsion meeting, a copy of the
169-24 list shall be mailed to the student's residence.
142+1 (2) virtual charter schools;
143+2 in which a student may enroll if the student is expelled. The list must
144+3 contain contact information for the entities described in subdivisions
145+4 (1) and (2) and must provide the student and the student's parent notice
146+5 that the student may be required to comply with IC 20-33-2 or any
147+6 statute relating to compulsory school attendance in accordance with
148+7 section 31 of this chapter. A copy of the list shall be provided to the
149+8 student or the student's parent at the expulsion meeting. If the student
150+9 or student's parent fails to attend an expulsion meeting, a copy of the
151+10 list shall be mailed to the student's residence.
170152 SB 141—LS 6556/DI 110 5
171153 COMMITTEE REPORT
172154 Madam President: The Senate Committee on Education and Career
173155 Development, to which was referred Senate Bill No. 141, has had the
174156 same under consideration and begs leave to report the same back to the
175157 Senate with the recommendation that said bill be AMENDED as
176158 follows:
177159 Page 1, between lines 7 and 8, begin a new paragraph and insert:
178160 "(b) If a school has a school counselor/student ratio that is not
179161 more than one (1) school counselor to three hundred fifty (350)
180162 students, the school is not required to comply with this section.
181163 (c) For the 2024-2025 school year, a school shall ensure that at
182164 least sixty percent (60%) of a school counselor's aggregate time
183165 performing the counselor's job duties is devoted to providing direct
184166 services to students as described in subsection (d). This subsection
185167 expires July 1, 2025.".
186168 Page 1, line 8, delete "(b) A" and insert "(d) Beginning with the
187169 2025-2026 school year, a".
188170 Page 4, delete lines 3 through 21.
189171 and when so amended that said bill do pass.
190172 (Reference is to SB 141 as introduced.)
191173 RAATZ, Chairperson
192174 Committee Vote: Yeas 13, Nays 0.
193-_____
194-SENATE MOTION
195-Madam President: I move that Senate Bill 141 be amended to read
196-as follows:
197-Page 1, line 11, delete "school year," and insert "and 2025-2026
198-school years,".
199-Page 1, line 15, delete "2025." and insert "2026.".
200-Page 1, line 16, delete "2025-2026" and insert "2026-2027".
201-Page 1, line 17, delete "eighty-five percent (85%)" and insert
202-"eighty percent (80%)".
203-Page 2, line 35, after "opened" insert "and responded to".
204-Page 2, between lines 38 and 39, begin a new line blocked left and
205-insert:
206-"If the school is unable to confirm within forty-eight (48) hours
207-SB 141—LS 6556/DI 110 6
208-from the time the electronic mail was sent under subdivision (1)(B)
209-that the electronic mail was opened and responded to by a user of
210-the electronic mail account as described in subdivision (1)(B)(ii),
211-notice to the student and the parent of the student under this
212-subsection must be made by certified mail or by personal
213-delivery.".
214-Page 3, delete lines 27 through 34, begin a new line block indented
215-and insert:
216-"(2) made by:
217-(A) electronic mail to the student and the student's parent
218-if the:
219-(i) parent has provided the electronic mail address to the
220-school as a means of communication and, in the case of
221-a student, the electronic mail is sent to the student's
222-school created electronic mail address; and
223-(ii) school confirms the electronic mail was opened and
224-responded to by a user of the electronic mail account
225-under item (i); or
226-(B) if the school is unable to confirm within forty-eight (48)
227-hours from the time that the electronic mail was sent under
228-clause (A) that the electronic mail was opened and
229-responded to by a user of the electronic mail account as
230-described in clause (A)(ii), personal delivery or is sent by
231-certified mail to the student and the student's parent.".
232-(Reference is to SB 141 as printed February 2, 2024.)
233-LEISING
234175 SB 141—LS 6556/DI 110