*ES0211.2*
Reprinted
February 27, 2024
ENGROSSED
SENATE BILL No. 211
_____
DIGEST OF SB 211 (Updated February 26, 2024 5:49 pm - DI 87)
Citations Affected: IC 5-14; IC 20-19; IC 20-29; IC 20-30; IC 20-33.
Synopsis: Various education matters. Requires the department of
education to establish a civics proficiency designation. Provides that
charter schools and charter school corporations are public agencies
subject to the open meetings and open records laws. Provides that a
school corporation may include instruction regarding Internet safety in
the school corporation's curriculum. Requires the department of
education to approve previously developed age appropriate curricula
concerning Internet safety not later than July 1, 2025. Provides that an
individual may remove a disruptive student from a classroom for the
duration of the class period to prevent an interference with an
educational function that the individual supervises. Provides that an
individual may not remove a student if the disruption is attributable to
certain programs or plans. Provides that an individual may refuse to
readmit a disruptive student if the student's presence would continue to
cause an interference with an educational function that the individual
supervises.
Effective: July 1, 2024.
Raatz, Donato, Crane
(HOUSE SPONSORS — BEHNING, DAVIS)
January 10, 2024, read first time and referred to Committee on Education and Career
Development.
February 1, 2024, amended, reported favorably — Do Pass.
February 5, 2024, read second time, amended, ordered engrossed.
February 6, 2024, engrossed. Read third time, passed. Yeas 38, nays 10.
HOUSE ACTION
February 12, 2024, read first time and referred to Committee on Education.
February 22, 2024, amended, reported — Do Pass.
February 26, 2024, read second time, amended, ordered engrossed.
ES 211—LS 6837/DI 152 Reprinted
February 27, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 211
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
4 (a) "Public agency", except as provided in section 2.1 of this
5 chapter, means the following:
6 (1) Any board, commission, department, agency, authority, or
7 other entity, by whatever name designated, exercising a portion of
8 the executive, administrative, or legislative power of the state.
9 (2) Any county, township, school corporation, city, town, political
10 subdivision, or other entity, by whatever name designated,
11 exercising in a limited geographical area the executive,
12 administrative, or legislative power of the state or a delegated
13 local governmental power.
14 (3) Any entity which is subject to either:
15 (A) budget review by either the department of local
16 government finance or the governing body of a county, city,
17 town, township, or school corporation; or
ES 211—LS 6837/DI 152 2
1 (B) audit by the state board of accounts that is required by
2 statute, rule, or regulation.
3 (4) Any building corporation of a political subdivision of the state
4 of Indiana that issues bonds for the purpose of constructing public
5 facilities.
6 (5) Any advisory commission, committee, or body created by
7 statute, ordinance, or executive order to advise the governing
8 body of a public agency, except medical staffs or the committees
9 of any such staff.
10 (6) The Indiana gaming commission established by IC 4-33,
11 including any department, division, or office of the commission.
12 (7) The Indiana horse racing commission established by IC 4-31,
13 including any department, division, or office of the commission.
14 (8) A charter school.
15 (b) "Governing body" means two (2) or more individuals who are
16 any of the following:
17 (1) A public agency that:
18 (A) is a board, a commission, an authority, a council, a
19 committee, a body, or other entity; and
20 (B) takes official action on public business.
21 (2) The board, commission, council, or other body of a public
22 agency which takes official action upon public business.
23 (3) Any committee appointed directly by the governing body or
24 its presiding officer to which authority to take official action upon
25 public business has been delegated. An agent or agents appointed
26 by the governing body to conduct collective bargaining on behalf
27 of the governing body does not constitute a governing body for
28 purposes of this chapter.
29 (c) "Meeting" means a gathering of a majority of the governing body
30 of a public agency for the purpose of taking official action upon public
31 business. It does not include any of the following:
32 (1) Any social or chance gathering not intended to avoid this
33 chapter.
34 (2) Any on-site inspection of any:
35 (A) project;
36 (B) program; or
37 (C) facilities of applicants for incentives or assistance from the
38 governing body.
39 (3) Traveling to and attending meetings of organizations devoted
40 to betterment of government.
41 (4) A caucus.
42 (5) A gathering to discuss an industrial or a commercial prospect
ES 211—LS 6837/DI 152 3
1 that does not include a conclusion as to recommendations, policy,
2 decisions, or final action on the terms of a request or an offer of
3 public financial resources.
4 (6) An orientation of members of the governing body on their role
5 and responsibilities as public officials, but not for any other
6 official action.
7 (7) A gathering for the sole purpose of administering an oath of
8 office to an individual.
9 (8) Collective bargaining discussions that the governing body of
10 a school corporation engages in directly with bargaining
11 adversaries. This subdivision applies only to a governing body
12 that has not appointed an agent or agents to conduct collective
13 bargaining on behalf of the governing body as described in
14 subsection (b)(3).
15 (d) "Official action" means to:
16 (1) receive information;
17 (2) deliberate;
18 (3) make recommendations;
19 (4) establish policy;
20 (5) make decisions; or
21 (6) take final action.
22 (e) "Public business" means any function upon which the public
23 agency is empowered or authorized to take official action.
24 (f) "Executive session" means a meeting from which the public is
25 excluded, except the governing body may admit those persons
26 necessary to carry out its purpose. The governing body may also admit
27 an individual who has been elected to the governing body but has not
28 been sworn in as a member of the governing body.
29 (g) "Final action" means a vote by the governing body on any
30 motion, proposal, resolution, rule, regulation, ordinance, or order.
31 (h) "Caucus" means a gathering of members of a political party or
32 coalition which is held for purposes of planning political strategy and
33 holding discussions designed to prepare the members for taking official
34 action.
35 (i) "Deliberate" means a discussion which may reasonably be
36 expected to result in official action (defined under subsection (d)(3),
37 (d)(4), (d)(5), or (d)(6)).
38 (j) "News media" means all newspapers qualified to receive legal
39 advertisements under IC 5-3-1, all news services (as defined in
40 IC 34-6-2-87), and all licensed commercial or public radio or television
41 stations.
42 (k) "Person" means an individual, a corporation, a limited liability
ES 211—LS 6837/DI 152 4
1 company, a partnership, an unincorporated association, or a
2 governmental entity.
3 (l) "State educational institution" has the meaning set forth in
4 IC 21-7-13-32.
5 (m) "Charter school" has the meaning set forth in IC 20-24-1-4).
6 The term includes:
7 (1) a virtual charter school (as defined in IC 20-24-1-10); and
8 (2) a charter school corporation (as defined in IC 20-24-1-4.5).
9 SECTION 2. IC 5-14-3-2, AS AMENDED BY P.L.64-2023,
10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 2. (a) The definitions set forth in this section apply
12 throughout this chapter.
13 (b) "Copy" includes transcribing by handwriting, photocopying,
14 xerography, duplicating machine, duplicating electronically stored data
15 onto a disk, tape, drum, or any other medium of electronic data storage,
16 and reproducing by any other means.
17 (c) "Criminal intelligence information" means data that has been
18 evaluated to determine that the data is relevant to:
19 (1) the identification of; and
20 (2) the criminal activity engaged in by;
21 an individual who or organization that is reasonably suspected of
22 involvement in criminal activity.
23 (d) "Direct cost" means one hundred five percent (105%) of the sum
24 of the cost of:
25 (1) the initial development of a program, if any;
26 (2) the labor required to retrieve electronically stored data;
27 (3) the labor required to:
28 (A) obscure nondisclosable information; and
29 (B) perform an administrative review to determine if all
30 nondisclosable information has been obscured;
31 in a law enforcement recording; and
32 (4) any medium used for electronic output;
33 for providing a duplicate of electronically stored data onto a disk, tape,
34 drum, or other medium of electronic data retrieval under section 8(g)
35 of this chapter, or for reprogramming a computer system under section
36 6(c) of this chapter. However, if the labor described in subdivision (3)
37 is performed by an attorney, the cost under subdivision (3) may not
38 exceed reasonable attorney's fees.
39 (e) "Electronic map" means copyrighted data provided by a public
40 agency from an electronic geographic information system.
41 (f) "Enhanced access" means the inspection of a public record by a
42 person other than a governmental entity and that:
ES 211—LS 6837/DI 152 5
1 (1) is by means of an electronic device other than an electronic
2 device provided by a public agency in the office of the public
3 agency; or
4 (2) requires the compilation or creation of a list or report that does
5 not result in the permanent electronic storage of the information.
6 (g) "Facsimile machine" means a machine that electronically
7 transmits exact images through connection with a telephone network.
8 (h) "Inspect" includes the right to do the following:
9 (1) Manually transcribe and make notes, abstracts, or memoranda.
10 (2) In the case of tape recordings or other aural public records, to
11 listen and manually transcribe or duplicate, or make notes,
12 abstracts, or other memoranda from them.
13 (3) In the case of public records available:
14 (A) by enhanced access under section 3.5 of this chapter; or
15 (B) to a governmental entity under section 3(c)(2) of this
16 chapter;
17 to examine and copy the public records by use of an electronic
18 device.
19 (4) In the case of electronically stored data, to manually transcribe
20 and make notes, abstracts, or memoranda or to duplicate the data
21 onto a disk, tape, drum, or any other medium of electronic
22 storage.
23 (i) "Investigatory record" means information compiled in the course
24 of the investigation of a crime.
25 (j) "Law enforcement activity" means:
26 (1) a traffic stop;
27 (2) a pedestrian stop;
28 (3) an arrest;
29 (4) a search;
30 (5) an investigation;
31 (6) a pursuit;
32 (7) crowd control;
33 (8) traffic control; or
34 (9) any other instance in which a law enforcement officer is
35 enforcing the law.
36 The term does not include an administrative activity, including the
37 completion of paperwork related to a law enforcement activity, or a
38 custodial interrogation conducted in a place of detention as described
39 in Indiana Evidence Rule 617, regardless of the ultimate admissibility
40 of a statement made during the custodial interrogation.
41 (k) "Law enforcement recording" means an audio, visual, or
42 audiovisual recording of a law enforcement activity captured by a
ES 211—LS 6837/DI 152 6
1 camera or other device that is:
2 (1) provided to or used by a law enforcement officer in the scope
3 of the officer's duties; and
4 (2) designed to be worn by a law enforcement officer or attached
5 to the vehicle or transportation of a law enforcement officer.
6 (l) "Offender" means a person confined in a prison, county jail,
7 detention facility, penal institution, or in a community corrections
8 program as the result of the person's arrest or conviction for a crime.
9 (m) "Patient" has the meaning set out in IC 16-18-2-272(d).
10 (n) "Person" means an individual, a corporation, a limited liability
11 company, a partnership, an unincorporated association, or a
12 governmental entity.
13 (o) "Private university police department" means the police officers
14 appointed by the governing board of a private university under
15 IC 21-17-5.
16 (p) "Provider" has the meaning set out in IC 16-18-2-295(b) and
17 includes employees of the Indiana department of health or local boards
18 of health who create patient records at the request of another provider
19 or who are social workers and create records concerning the family
20 background of children who may need assistance.
21 (q) "Public agency", except as provided in section 2.1 of this
22 chapter, means the following:
23 (1) Any board, commission, department, division, bureau,
24 committee, agency, office, instrumentality, or authority, by
25 whatever name designated, exercising any part of the executive,
26 administrative, judicial, or legislative power of the state.
27 (2) Any:
28 (A) county, township, school corporation, city, or town, or any
29 board, commission, department, division, bureau, committee,
30 office, instrumentality, or authority of any county, township,
31 school corporation, city, or town;
32 (B) political subdivision (as defined by IC 36-1-2-13); or
33 (C) other entity, or any office thereof, by whatever name
34 designated, exercising in a limited geographical area the
35 executive, administrative, judicial, or legislative power of the
36 state or a delegated local governmental power.
37 (3) Any entity or office that is subject to:
38 (A) budget review by either the department of local
39 government finance or the governing body of a county, city,
40 town, township, or school corporation; or
41 (B) an audit by the state board of accounts that is required by
42 statute, rule, or regulation.
ES 211—LS 6837/DI 152 7
1 (4) Any building corporation of a political subdivision that issues
2 bonds for the purpose of constructing public facilities.
3 (5) Any advisory commission, committee, or body created by
4 statute, ordinance, or executive order to advise the governing
5 body of a public agency, except medical staffs or the committees
6 of any such staff.
7 (6) Any law enforcement agency, which means an agency or a
8 department of any level of government that engages in the
9 investigation, apprehension, arrest, or prosecution of alleged
10 criminal offenders, such as the state police department, the police
11 or sheriff's department of a political subdivision, prosecuting
12 attorneys, members of the excise police division of the alcohol
13 and tobacco commission, conservation officers of the department
14 of natural resources, gaming agents of the Indiana gaming
15 commission, gaming control officers of the Indiana gaming
16 commission, and the security division of the state lottery
17 commission.
18 (7) Any license branch operated under IC 9-14.1.
19 (8) The state lottery commission established by IC 4-30-3-1,
20 including any department, division, or office of the commission.
21 (9) The Indiana gaming commission established under IC 4-33,
22 including any department, division, or office of the commission.
23 (10) The Indiana horse racing commission established by IC 4-31,
24 including any department, division, or office of the commission.
25 (11) A private university police department. The term does not
26 include the governing board of a private university or any other
27 department, division, board, entity, or office of a private
28 university.
29 (12) A charter school (as defined in IC 20-24-1-4). The term
30 includes:
31 (A) a virtual charter school (as defined in IC 20-24-1-10);
32 and
33 (B) a charter school corporation (as defined in
34 IC 20-24-1-4.5).
35 (r) "Public record" means any writing, paper, report, study, map,
36 photograph, book, card, tape recording, or other material that is
37 created, received, retained, maintained, or filed by or with a public
38 agency and which is generated on paper, paper substitutes,
39 photographic media, chemically based media, magnetic or machine
40 readable media, electronically stored data, or any other material,
41 regardless of form or characteristics.
42 (s) "Standard-sized documents" includes all documents that can be
ES 211—LS 6837/DI 152 8
1 mechanically reproduced (without mechanical reduction) on paper
2 sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
3 and one-half (8 1/2) inches by fourteen (14) inches.
4 (t) "Trade secret" has the meaning set forth in IC 24-2-3-2.
5 (u) "Work product of an attorney" means information compiled by
6 an attorney in reasonable anticipation of litigation. The term includes
7 the attorney's:
8 (1) notes and statements taken during interviews of prospective
9 witnesses; and
10 (2) legal research or records, correspondence, reports, or
11 memoranda to the extent that each contains the attorney's
12 opinions, theories, or conclusions.
13 This definition does not restrict the application of any exception under
14 section 4 of this chapter.
15 SECTION 3. IC 20-19-3-32.5 IS ADDED TO THE INDIANA
16 CODE AS A NEW SECTION TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2024]: Sec. 32.5. (a) As used in this chapter,
18 "school" refers to the following:
19 (1) A school maintained by a school corporation.
20 (2) A charter school.
21 (3) A state accredited nonpublic school.
22 (b) The department shall establish a civics proficiency
23 designation for schools to further develop student understanding
24 of civil society, constitutional government, and the democratic
25 process.
26 (c) In establishing the civics proficiency designation under
27 subsection (b), the department shall do the following:
28 (1) Establish requirements that demonstrate a student's
29 knowledge of civil society, constitutional government, and the
30 democratic process.
31 (2) Outline the foundational requirements of obtaining a
32 civics proficiency designation.
33 (3) Prepare and provide to schools an appropriate mechanism
34 for awarding the civics proficiency designation on a student's
35 transcript.
36 SECTION 4. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 1. (a) School employers and school employees
39 shall:
40 (1) have the obligation and the right to bargain collectively the
41 items set forth in section 4 of this chapter; and
42 (2) enter into a contract embodying any of the matters listed in
ES 211—LS 6837/DI 152 9
1 section 4 of this chapter on which they have bargained
2 collectively.
3 (b) Notwithstanding any other law, before a school employer and
4 school employees may privately negotiate the matters described in
5 subsection (a)(1) during the time period for formal collective
6 bargaining established in section 12 of this chapter, the parties must
7 hold at least one (1) public hearing and take public testimony to discuss
8 the items described in subsection (a). The public hearing under this
9 subsection may take place at a regular or special meeting of the
10 governing body. A school employer may allow governing body
11 members or the public to participate in a public hearing under this
12 subsection by means of electronic communication.
13 SECTION 5. IC 20-30-6.1-4 IS ADDED TO THE INDIANA CODE
14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
15 1, 2024]: Sec. 4. (a) As used in this section, "online challenge"
16 means an Internet trend that encourages individuals to copy
17 behaviors or actions that may cause harm to the individual.
18 (b) Each school corporation may include instruction regarding
19 Internet safety in the school corporation's curriculum.
20 (c) Not later than July 1, 2025, the department shall approve
21 previously developed curricula for use by school corporations
22 under subsection (b).
23 (d) Each curriculum approved under subsection (c) must
24 include age appropriate instruction regarding the following:
25 (1) Thinking critically about the possible provenance,
26 reliability, and intended effect of online information before
27 acting on the information.
28 (2) Acting ethically in the student's interactions with others
29 online, and reacting appropriately to unethical behavior such
30 as:
31 (A) cyberbullying (as described in IC 20-19-3-11.5); and
32 (B) promotion of dangerous behavior, including self-harm
33 or participation in an online challenge;
34 that is directed at the student by others online.
35 (3) Considering the uncertainties inherent in interacting with
36 others online, particularly with regard to the ability of an
37 individual to misrepresent the individual's identity online.
38 (4) Recognizing the economics of providing Internet content
39 and social media services, including:
40 (A) the economic relationship between:
41 (i) users; and
42 (ii) providers;
ES 211—LS 6837/DI 152 10
1 of Internet content and social media services;
2 (B) the economic incentives of a provider to influence the
3 behavior of a user when the user is interacting with the
4 provider's content or services; and
5 (C) methods used by providers to influence user behavior.
6 (5) Practicing cybersecurity, including recognizing:
7 (A) the danger of:
8 (i) identity theft; and
9 (ii) financial fraud;
10 when interacting with others online, accessing Internet
11 content, or using social media services; and
12 (B) the potential for information shared online to remain
13 accessible to others in perpetuity.
14 SECTION 6. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 9. (a) This section applies to an individual who:
17 (1) is a teacher or other school staff member; and
18 (2) has students under the individual's charge.
19 (b) An individual may take any action that is reasonably necessary
20 to carry out or to prevent an interference with an educational function
21 that the individual supervises.
22 (c) Subject to rules of the governing body and the administrative
23 staff, an individual may remove a student for a period that does not
24 exceed five (5) school days from an educational function supervised by
25 the individual or another individual who is a teacher or other school
26 staff member.
27 (d) If an individual removes a student from a class under subsection
28 (c), the principal may place the student in another appropriate class or
29 placement or into inschool suspension. The principal may not return
30 the student to the class from which the student was removed until the
31 principal has met with the student, the student's teacher, and the
32 student's parents to determine an appropriate behavior plan for the
33 student. If the student's parents do not meet with the principal and the
34 student's teacher within a reasonable amount of time, the student may
35 be moved to another class at the principal's discretion.
36 (e) Notwithstanding the rules of the governing body and the
37 administrative staff, and except as provided in subsection (f), an
38 individual may remove a disruptive student from a classroom for
39 the duration of the class period to prevent an interference with an
40 educational function that the individual supervises.
41 (f) An individual may not remove a disruptive student under
42 subsection (e) if the interference is attributable to the student's:
ES 211—LS 6837/DI 152 11
1 (1) individualized education program; or
2 (2) plan developed under Section 504 of the federal
3 Rehabilitation Act of 1973, 29 U.S.C. 794.
4 (g) An individual may refuse to readmit a disruptive student
5 removed under subsection (e) if, in the sole discretion of the
6 individual, the student's presence would continue to cause an
7 interference with an educational function that the individual
8 supervises.
ES 211—LS 6837/DI 152 12
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 211, has had the
same under consideration and begs leave to report the same back to the
Senate with the recommendation that said bill be AMENDED as
follows:
Page 2, line 27, delete "schools:" and insert "schools (not including
a virtual charter school):".
and when so amended that said bill do pass.
(Reference is to SB 211 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 9, Nays 4.
_____
SENATE MOTION
Madam President: I move that Senate Bill 211 be amended to read
as follows:
Page 2, line 27, delete "schools (not including a virtual charter
school):" and insert "schools:".
(Reference is to SB 211 as printed February 2, 2024.)
RAATZ
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 211, has had the same under consideration and begs leave
to report the same back to the House with the recommendation that said
bill be amended as follows:
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
"SECTION 1. IC 20-19-3-32.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 32.5. (a) As used in this chapter,
"school" refers to the following:
(1) A school maintained by a school corporation.
(2) A charter school.
ES 211—LS 6837/DI 152 13
(3) A state accredited nonpublic school.
(b) The department shall establish a civics proficiency
designation for schools to further develop student understanding
of civil society, constitutional government, and the democratic
process.
(c) In establishing the civics proficiency designation under
subsection (b), the department shall do the following:
(1) Establish requirements that demonstrate a student's
knowledge of civil society, constitutional government, and the
democratic process.
(2) Outline the foundational requirements of obtaining a
civics proficiency designation.
(3) Prepare and provide to schools an appropriate mechanism
for awarding the civics proficiency designation on a student's
transcript.".
Page 2, delete lines 1 through 14.
Page 4, delete lines 7 through 18.
Page 4, after line 18, begin a new paragraph and insert:
"SECTION 7. IC 20-30-6.1-4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) As used in this section,
"online challenge" means an Internet trend that encourages
individuals to copy behaviors or actions that may cause harm to
the individual.
(b) Each school corporation may include instruction regarding
Internet safety in the school corporation's curriculum.
(c) Not later than July 1, 2025, the department shall approve
previously developed curricula for use by school corporations
under subsection (b).
(d) Each curriculum approved under subsection (c) must
include age appropriate instruction regarding the following:
(1) Thinking critically about the possible provenance,
reliability, and intended effect of online information before
acting on the information.
(2) Acting ethically in the student's interactions with others
online, and reacting appropriately to unethical behavior such
as:
(A) cyberbullying (as described in IC 20-19-3-11.5); and
(B) promotion of dangerous behavior, including self-harm
or participation in an online challenge;
that is directed at the student by others online.
(3) Considering the uncertainties inherent in interacting with
ES 211—LS 6837/DI 152 14
others online, particularly with regard to the ability of an
individual to misrepresent the individual's identity online.
(4) Recognizing the economics of providing Internet content
and social media services, including:
(A) the economic relationship between:
(i) users; and
(ii) providers;
of Internet content and social media services;
(B) the economic incentives of a provider to influence the
behavior of a user when the user is interacting with the
provider's content or services; and
(C) methods used by providers to influence user behavior.
(5) Practicing cybersecurity, including recognizing:
(A) the danger of:
(i) identity theft; and
(ii) financial fraud;
when interacting with others online, accessing Internet
content, or using social media services; and
(B) the potential for information shared online to remain
accessible to others in perpetuity.
SECTION 8. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 9. (a) This section applies to an individual who:
(1) is a teacher or other school staff member; and
(2) has students under the individual's charge.
(b) An individual may take any action that is reasonably necessary
to carry out or to prevent an interference with an educational function
that the individual supervises.
(c) Subject to rules of the governing body and the administrative
staff, an individual may remove a student for a period that does not
exceed five (5) school days from an educational function supervised by
the individual or another individual who is a teacher or other school
staff member.
(d) If an individual removes a student from a class under subsection
(c), the principal may place the student in another appropriate class or
placement or into inschool suspension. The principal may not return
the student to the class from which the student was removed until the
principal has met with the student, the student's teacher, and the
student's parents to determine an appropriate behavior plan for the
student. If the student's parents do not meet with the principal and the
student's teacher within a reasonable amount of time, the student may
be moved to another class at the principal's discretion.
ES 211—LS 6837/DI 152 15
(e) Notwithstanding the rules of the governing body and the
administrative staff, and except as provided in subsection (f), an
individual may remove a disruptive student from a classroom for
the duration of the class period to prevent an interference with an
educational function that the individual supervises.
(f) An individual may not remove a disruptive student under
subsection (e) if the interference is attributable to the student's:
(1) individualized education program; or
(2) plan developed under Section 504 of the federal
Rehabilitation Act of 1973, 29 U.S.C. 794.
(g) An individual may refuse to readmit a disruptive student
removed under subsection (e) if, in the sole discretion of the
individual, the student's presence would continue to cause an
interference with an educational function that the individual
supervises.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 211 as reprinted February 6, 2024.)
BEHNING
Committee Vote: yeas 12, nays 0.
_____
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 211 be amended to
read as follows:
Page 2, delete lines 5 through 42.
Page 3, delete lines 1 through 19.
Renumber all SECTIONS consecutively.
(Reference is to ESB 211 as printed February 22, 2024.)
BEHNING
ES 211—LS 6837/DI 152 16
HOUSE MOTION
Mr. Speaker: I move that Engrossed Senate Bill 211 be amended to
read as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
(a) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, agency, authority, or
other entity, by whatever name designated, exercising a portion of
the executive, administrative, or legislative power of the state.
(2) Any county, township, school corporation, city, town, political
subdivision, or other entity, by whatever name designated,
exercising in a limited geographical area the executive,
administrative, or legislative power of the state or a delegated
local governmental power.
(3) Any entity which is subject to either:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision of the state
of Indiana that issues bonds for the purpose of constructing public
facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) The Indiana gaming commission established by IC 4-33,
including any department, division, or office of the commission.
(7) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(8) A charter school.
(b) "Governing body" means two (2) or more individuals who are
any of the following:
(1) A public agency that:
(A) is a board, a commission, an authority, a council, a
committee, a body, or other entity; and
ES 211—LS 6837/DI 152 17
(B) takes official action on public business.
(2) The board, commission, council, or other body of a public
agency which takes official action upon public business.
(3) Any committee appointed directly by the governing body or
its presiding officer to which authority to take official action upon
public business has been delegated. An agent or agents appointed
by the governing body to conduct collective bargaining on behalf
of the governing body does not constitute a governing body for
purposes of this chapter.
(c) "Meeting" means a gathering of a majority of the governing body
of a public agency for the purpose of taking official action upon public
business. It does not include any of the following:
(1) Any social or chance gathering not intended to avoid this
chapter.
(2) Any on-site inspection of any:
(A) project;
(B) program; or
(C) facilities of applicants for incentives or assistance from the
governing body.
(3) Traveling to and attending meetings of organizations devoted
to betterment of government.
(4) A caucus.
(5) A gathering to discuss an industrial or a commercial prospect
that does not include a conclusion as to recommendations, policy,
decisions, or final action on the terms of a request or an offer of
public financial resources.
(6) An orientation of members of the governing body on their role
and responsibilities as public officials, but not for any other
official action.
(7) A gathering for the sole purpose of administering an oath of
office to an individual.
(8) Collective bargaining discussions that the governing body of
a school corporation engages in directly with bargaining
adversaries. This subdivision applies only to a governing body
that has not appointed an agent or agents to conduct collective
bargaining on behalf of the governing body as described in
subsection (b)(3).
(d) "Official action" means to:
(1) receive information;
(2) deliberate;
(3) make recommendations;
(4) establish policy;
ES 211—LS 6837/DI 152 18
(5) make decisions; or
(6) take final action.
(e) "Public business" means any function upon which the public
agency is empowered or authorized to take official action.
(f) "Executive session" means a meeting from which the public is
excluded, except the governing body may admit those persons
necessary to carry out its purpose. The governing body may also admit
an individual who has been elected to the governing body but has not
been sworn in as a member of the governing body.
(g) "Final action" means a vote by the governing body on any
motion, proposal, resolution, rule, regulation, ordinance, or order.
(h) "Caucus" means a gathering of members of a political party or
coalition which is held for purposes of planning political strategy and
holding discussions designed to prepare the members for taking official
action.
(i) "Deliberate" means a discussion which may reasonably be
expected to result in official action (defined under subsection (d)(3),
(d)(4), (d)(5), or (d)(6)).
(j) "News media" means all newspapers qualified to receive legal
advertisements under IC 5-3-1, all news services (as defined in
IC 34-6-2-87), and all licensed commercial or public radio or television
stations.
(k) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(l) "State educational institution" has the meaning set forth in
IC 21-7-13-32.
(m) "Charter school" has the meaning set forth in IC 20-24-1-4).
The term includes:
(1) a virtual charter school (as defined in IC 20-24-1-10); and
(2) a charter school corporation (as defined in IC 20-24-1-4.5).
SECTION 2. IC 5-14-3-2, AS AMENDED BY P.L.64-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) The definitions set forth in this section apply
throughout this chapter.
(b) "Copy" includes transcribing by handwriting, photocopying,
xerography, duplicating machine, duplicating electronically stored data
onto a disk, tape, drum, or any other medium of electronic data storage,
and reproducing by any other means.
(c) "Criminal intelligence information" means data that has been
evaluated to determine that the data is relevant to:
(1) the identification of; and
ES 211—LS 6837/DI 152 19
(2) the criminal activity engaged in by;
an individual who or organization that is reasonably suspected of
involvement in criminal activity.
(d) "Direct cost" means one hundred five percent (105%) of the sum
of the cost of:
(1) the initial development of a program, if any;
(2) the labor required to retrieve electronically stored data;
(3) the labor required to:
(A) obscure nondisclosable information; and
(B) perform an administrative review to determine if all
nondisclosable information has been obscured;
in a law enforcement recording; and
(4) any medium used for electronic output;
for providing a duplicate of electronically stored data onto a disk, tape,
drum, or other medium of electronic data retrieval under section 8(g)
of this chapter, or for reprogramming a computer system under section
6(c) of this chapter. However, if the labor described in subdivision (3)
is performed by an attorney, the cost under subdivision (3) may not
exceed reasonable attorney's fees.
(e) "Electronic map" means copyrighted data provided by a public
agency from an electronic geographic information system.
(f) "Enhanced access" means the inspection of a public record by a
person other than a governmental entity and that:
(1) is by means of an electronic device other than an electronic
device provided by a public agency in the office of the public
agency; or
(2) requires the compilation or creation of a list or report that does
not result in the permanent electronic storage of the information.
(g) "Facsimile machine" means a machine that electronically
transmits exact images through connection with a telephone network.
(h) "Inspect" includes the right to do the following:
(1) Manually transcribe and make notes, abstracts, or memoranda.
(2) In the case of tape recordings or other aural public records, to
listen and manually transcribe or duplicate, or make notes,
abstracts, or other memoranda from them.
(3) In the case of public records available:
(A) by enhanced access under section 3.5 of this chapter; or
(B) to a governmental entity under section 3(c)(2) of this
chapter;
to examine and copy the public records by use of an electronic
device.
(4) In the case of electronically stored data, to manually transcribe
ES 211—LS 6837/DI 152 20
and make notes, abstracts, or memoranda or to duplicate the data
onto a disk, tape, drum, or any other medium of electronic
storage.
(i) "Investigatory record" means information compiled in the course
of the investigation of a crime.
(j) "Law enforcement activity" means:
(1) a traffic stop;
(2) a pedestrian stop;
(3) an arrest;
(4) a search;
(5) an investigation;
(6) a pursuit;
(7) crowd control;
(8) traffic control; or
(9) any other instance in which a law enforcement officer is
enforcing the law.
The term does not include an administrative activity, including the
completion of paperwork related to a law enforcement activity, or a
custodial interrogation conducted in a place of detention as described
in Indiana Evidence Rule 617, regardless of the ultimate admissibility
of a statement made during the custodial interrogation.
(k) "Law enforcement recording" means an audio, visual, or
audiovisual recording of a law enforcement activity captured by a
camera or other device that is:
(1) provided to or used by a law enforcement officer in the scope
of the officer's duties; and
(2) designed to be worn by a law enforcement officer or attached
to the vehicle or transportation of a law enforcement officer.
(l) "Offender" means a person confined in a prison, county jail,
detention facility, penal institution, or in a community corrections
program as the result of the person's arrest or conviction for a crime.
(m) "Patient" has the meaning set out in IC 16-18-2-272(d).
(n) "Person" means an individual, a corporation, a limited liability
company, a partnership, an unincorporated association, or a
governmental entity.
(o) "Private university police department" means the police officers
appointed by the governing board of a private university under
IC 21-17-5.
(p) "Provider" has the meaning set out in IC 16-18-2-295(b) and
includes employees of the Indiana department of health or local boards
of health who create patient records at the request of another provider
or who are social workers and create records concerning the family
ES 211—LS 6837/DI 152 21
background of children who may need assistance.
(q) "Public agency", except as provided in section 2.1 of this
chapter, means the following:
(1) Any board, commission, department, division, bureau,
committee, agency, office, instrumentality, or authority, by
whatever name designated, exercising any part of the executive,
administrative, judicial, or legislative power of the state.
(2) Any:
(A) county, township, school corporation, city, or town, or any
board, commission, department, division, bureau, committee,
office, instrumentality, or authority of any county, township,
school corporation, city, or town;
(B) political subdivision (as defined by IC 36-1-2-13); or
(C) other entity, or any office thereof, by whatever name
designated, exercising in a limited geographical area the
executive, administrative, judicial, or legislative power of the
state or a delegated local governmental power.
(3) Any entity or office that is subject to:
(A) budget review by either the department of local
government finance or the governing body of a county, city,
town, township, or school corporation; or
(B) an audit by the state board of accounts that is required by
statute, rule, or regulation.
(4) Any building corporation of a political subdivision that issues
bonds for the purpose of constructing public facilities.
(5) Any advisory commission, committee, or body created by
statute, ordinance, or executive order to advise the governing
body of a public agency, except medical staffs or the committees
of any such staff.
(6) Any law enforcement agency, which means an agency or a
department of any level of government that engages in the
investigation, apprehension, arrest, or prosecution of alleged
criminal offenders, such as the state police department, the police
or sheriff's department of a political subdivision, prosecuting
attorneys, members of the excise police division of the alcohol
and tobacco commission, conservation officers of the department
of natural resources, gaming agents of the Indiana gaming
commission, gaming control officers of the Indiana gaming
commission, and the security division of the state lottery
commission.
(7) Any license branch operated under IC 9-14.1.
(8) The state lottery commission established by IC 4-30-3-1,
ES 211—LS 6837/DI 152 22
including any department, division, or office of the commission.
(9) The Indiana gaming commission established under IC 4-33,
including any department, division, or office of the commission.
(10) The Indiana horse racing commission established by IC 4-31,
including any department, division, or office of the commission.
(11) A private university police department. The term does not
include the governing board of a private university or any other
department, division, board, entity, or office of a private
university.
(12) A charter school (as defined in IC 20-24-1-4). The term
includes:
(A) a virtual charter school (as defined in IC 20-24-1-10);
and
(B) a charter school corporation (as defined in
IC 20-24-1-4.5).
(r) "Public record" means any writing, paper, report, study, map,
photograph, book, card, tape recording, or other material that is
created, received, retained, maintained, or filed by or with a public
agency and which is generated on paper, paper substitutes,
photographic media, chemically based media, magnetic or machine
readable media, electronically stored data, or any other material,
regardless of form or characteristics.
(s) "Standard-sized documents" includes all documents that can be
mechanically reproduced (without mechanical reduction) on paper
sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
and one-half (8 1/2) inches by fourteen (14) inches.
(t) "Trade secret" has the meaning set forth in IC 24-2-3-2.
(u) "Work product of an attorney" means information compiled by
an attorney in reasonable anticipation of litigation. The term includes
the attorney's:
(1) notes and statements taken during interviews of prospective
witnesses; and
(2) legal research or records, correspondence, reports, or
memoranda to the extent that each contains the attorney's
opinions, theories, or conclusions.
This definition does not restrict the application of any exception under
section 4 of this chapter.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 211 as printed February 22, 2024.)
DELANEY
ES 211—LS 6837/DI 152