Indiana 2024 Regular Session

Indiana Senate Bill SB0211 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	ES0211.2
	2	+	Reprinted
	3	+	February 27, 2024
	4	+	ENGROSSED
	5	+	SENATE BILL No. 211
	6	+	_____
	7	+	DIGEST OF SB 211 (Updated February 26, 2024 5:49 pm - DI 87)
	8	+	Citations Affected: IC 5-14; IC 20-19; IC 20-29; IC 20-30; IC 20-33.
	9	+	Synopsis: Various education matters. Requires the department of
	10	+	education to establish a civics proficiency designation. Provides that
	11	+	charter schools and charter school corporations are public agencies
	12	+	subject to the open meetings and open records laws. Provides that a
	13	+	school corporation may include instruction regarding Internet safety in
	14	+	the school corporation's curriculum. Requires the department of
	15	+	education to approve previously developed age appropriate curricula
	16	+	concerning Internet safety not later than July 1, 2025. Provides that an
	17	+	individual may remove a disruptive student from a classroom for the
	18	+	duration of the class period to prevent an interference with an
	19	+	educational function that the individual supervises. Provides that an
	20	+	individual may not remove a student if the disruption is attributable to
	21	+	certain programs or plans. Provides that an individual may refuse to
	22	+	readmit a disruptive student if the student's presence would continue to
	23	+	cause an interference with an educational function that the individual
	24	+	supervises.
	25	+	Effective: July 1, 2024.
	26	+	Raatz, Donato, Crane
	27	+	(HOUSE SPONSORS — BEHNING, DAVIS)
	28	+	January 10, 2024, read first time and referred to Committee on Education and Career
	29	+	Development.
	30	+	February 1, 2024, amended, reported favorably — Do Pass.
	31	+	February 5, 2024, read second time, amended, ordered engrossed.
	32	+	February 6, 2024, engrossed. Read third time, passed. Yeas 38, nays 10.
	33	+	HOUSE ACTION
	34	+	February 12, 2024, read first time and referred to Committee on Education.
	35	+	February 22, 2024, amended, reported — Do Pass.
	36	+	February 26, 2024, read second time, amended, ordered engrossed.
	37	+	ES 211—LS 6837/DI 152 Reprinted
	38	+	February 27, 2024
1	39		Second Regular Session of the 123rd General Assembly (2024)
2	40		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	41		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	42		additions will appear in this style type, and deletions will appear in this style type.
5	43		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	44		provision adopted), the text of the new provision will appear in this style type. Also, the
7	45		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	46		a new provision to the Indiana Code or the Indiana Constitution.
9	47		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	48		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 211
12		-	AN ACT to amend the Indiana Code concerning education.
	49	+	ENGROSSED
	50	+	SENATE BILL No. 211
	51	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	52	+	education.
13	53		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 20-19-3-32.5 IS ADDED TO THE INDIANA
	54	+	1 SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
	55	+	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	56	+	3 JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
	57	+	4 (a) "Public agency", except as provided in section 2.1 of this
	58	+	5 chapter, means the following:
	59	+	6 (1) Any board, commission, department, agency, authority, or
	60	+	7 other entity, by whatever name designated, exercising a portion of
	61	+	8 the executive, administrative, or legislative power of the state.
	62	+	9 (2) Any county, township, school corporation, city, town, political
	63	+	10 subdivision, or other entity, by whatever name designated,
	64	+	11 exercising in a limited geographical area the executive,
	65	+	12 administrative, or legislative power of the state or a delegated
	66	+	13 local governmental power.
	67	+	14 (3) Any entity which is subject to either:
	68	+	15 (A) budget review by either the department of local
	69	+	16 government finance or the governing body of a county, city,
	70	+	17 town, township, or school corporation; or
	71	+	ES 211—LS 6837/DI 152 2
	72	+	1 (B) audit by the state board of accounts that is required by
	73	+	2 statute, rule, or regulation.
	74	+	3 (4) Any building corporation of a political subdivision of the state
	75	+	4 of Indiana that issues bonds for the purpose of constructing public
	76	+	5 facilities.
	77	+	6 (5) Any advisory commission, committee, or body created by
	78	+	7 statute, ordinance, or executive order to advise the governing
	79	+	8 body of a public agency, except medical staffs or the committees
	80	+	9 of any such staff.
	81	+	10 (6) The Indiana gaming commission established by IC 4-33,
	82	+	11 including any department, division, or office of the commission.
	83	+	12 (7) The Indiana horse racing commission established by IC 4-31,
	84	+	13 including any department, division, or office of the commission.
	85	+	14 (8) A charter school.
	86	+	15 (b) "Governing body" means two (2) or more individuals who are
	87	+	16 any of the following:
	88	+	17 (1) A public agency that:
	89	+	18 (A) is a board, a commission, an authority, a council, a
	90	+	19 committee, a body, or other entity; and
	91	+	20 (B) takes official action on public business.
	92	+	21 (2) The board, commission, council, or other body of a public
	93	+	22 agency which takes official action upon public business.
	94	+	23 (3) Any committee appointed directly by the governing body or
	95	+	24 its presiding officer to which authority to take official action upon
	96	+	25 public business has been delegated. An agent or agents appointed
	97	+	26 by the governing body to conduct collective bargaining on behalf
	98	+	27 of the governing body does not constitute a governing body for
	99	+	28 purposes of this chapter.
	100	+	29 (c) "Meeting" means a gathering of a majority of the governing body
	101	+	30 of a public agency for the purpose of taking official action upon public
	102	+	31 business. It does not include any of the following:
	103	+	32 (1) Any social or chance gathering not intended to avoid this
	104	+	33 chapter.
	105	+	34 (2) Any on-site inspection of any:
	106	+	35 (A) project;
	107	+	36 (B) program; or
	108	+	37 (C) facilities of applicants for incentives or assistance from the
	109	+	38 governing body.
	110	+	39 (3) Traveling to and attending meetings of organizations devoted
	111	+	40 to betterment of government.
	112	+	41 (4) A caucus.
	113	+	42 (5) A gathering to discuss an industrial or a commercial prospect
	114	+	ES 211—LS 6837/DI 152 3
	115	+	1 that does not include a conclusion as to recommendations, policy,
	116	+	2 decisions, or final action on the terms of a request or an offer of
	117	+	3 public financial resources.
	118	+	4 (6) An orientation of members of the governing body on their role
	119	+	5 and responsibilities as public officials, but not for any other
	120	+	6 official action.
	121	+	7 (7) A gathering for the sole purpose of administering an oath of
	122	+	8 office to an individual.
	123	+	9 (8) Collective bargaining discussions that the governing body of
	124	+	10 a school corporation engages in directly with bargaining
	125	+	11 adversaries. This subdivision applies only to a governing body
	126	+	12 that has not appointed an agent or agents to conduct collective
	127	+	13 bargaining on behalf of the governing body as described in
	128	+	14 subsection (b)(3).
	129	+	15 (d) "Official action" means to:
	130	+	16 (1) receive information;
	131	+	17 (2) deliberate;
	132	+	18 (3) make recommendations;
	133	+	19 (4) establish policy;
	134	+	20 (5) make decisions; or
	135	+	21 (6) take final action.
	136	+	22 (e) "Public business" means any function upon which the public
	137	+	23 agency is empowered or authorized to take official action.
	138	+	24 (f) "Executive session" means a meeting from which the public is
	139	+	25 excluded, except the governing body may admit those persons
	140	+	26 necessary to carry out its purpose. The governing body may also admit
	141	+	27 an individual who has been elected to the governing body but has not
	142	+	28 been sworn in as a member of the governing body.
	143	+	29 (g) "Final action" means a vote by the governing body on any
	144	+	30 motion, proposal, resolution, rule, regulation, ordinance, or order.
	145	+	31 (h) "Caucus" means a gathering of members of a political party or
	146	+	32 coalition which is held for purposes of planning political strategy and
	147	+	33 holding discussions designed to prepare the members for taking official
	148	+	34 action.
	149	+	35 (i) "Deliberate" means a discussion which may reasonably be
	150	+	36 expected to result in official action (defined under subsection (d)(3),
	151	+	37 (d)(4), (d)(5), or (d)(6)).
	152	+	38 (j) "News media" means all newspapers qualified to receive legal
	153	+	39 advertisements under IC 5-3-1, all news services (as defined in
	154	+	40 IC 34-6-2-87), and all licensed commercial or public radio or television
	155	+	41 stations.
	156	+	42 (k) "Person" means an individual, a corporation, a limited liability
	157	+	ES 211—LS 6837/DI 152 4
	158	+	1 company, a partnership, an unincorporated association, or a
	159	+	2 governmental entity.
	160	+	3 (l) "State educational institution" has the meaning set forth in
	161	+	4 IC 21-7-13-32.
	162	+	5 (m) "Charter school" has the meaning set forth in IC 20-24-1-4).
	163	+	6 The term includes:
	164	+	7 (1) a virtual charter school (as defined in IC 20-24-1-10); and
	165	+	8 (2) a charter school corporation (as defined in IC 20-24-1-4.5).
	166	+	9 SECTION 2. IC 5-14-3-2, AS AMENDED BY P.L.64-2023,
	167	+	10 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	168	+	11 JULY 1, 2024]: Sec. 2. (a) The definitions set forth in this section apply
	169	+	12 throughout this chapter.
	170	+	13 (b) "Copy" includes transcribing by handwriting, photocopying,
	171	+	14 xerography, duplicating machine, duplicating electronically stored data
	172	+	15 onto a disk, tape, drum, or any other medium of electronic data storage,
	173	+	16 and reproducing by any other means.
	174	+	17 (c) "Criminal intelligence information" means data that has been
	175	+	18 evaluated to determine that the data is relevant to:
	176	+	19 (1) the identification of; and
	177	+	20 (2) the criminal activity engaged in by;
	178	+	21 an individual who or organization that is reasonably suspected of
	179	+	22 involvement in criminal activity.
	180	+	23 (d) "Direct cost" means one hundred five percent (105%) of the sum
	181	+	24 of the cost of:
	182	+	25 (1) the initial development of a program, if any;
	183	+	26 (2) the labor required to retrieve electronically stored data;
	184	+	27 (3) the labor required to:
	185	+	28 (A) obscure nondisclosable information; and
	186	+	29 (B) perform an administrative review to determine if all
	187	+	30 nondisclosable information has been obscured;
	188	+	31 in a law enforcement recording; and
	189	+	32 (4) any medium used for electronic output;
	190	+	33 for providing a duplicate of electronically stored data onto a disk, tape,
	191	+	34 drum, or other medium of electronic data retrieval under section 8(g)
	192	+	35 of this chapter, or for reprogramming a computer system under section
	193	+	36 6(c) of this chapter. However, if the labor described in subdivision (3)
	194	+	37 is performed by an attorney, the cost under subdivision (3) may not
	195	+	38 exceed reasonable attorney's fees.
	196	+	39 (e) "Electronic map" means copyrighted data provided by a public
	197	+	40 agency from an electronic geographic information system.
	198	+	41 (f) "Enhanced access" means the inspection of a public record by a
	199	+	42 person other than a governmental entity and that:
	200	+	ES 211—LS 6837/DI 152 5
	201	+	1 (1) is by means of an electronic device other than an electronic
	202	+	2 device provided by a public agency in the office of the public
	203	+	3 agency; or
	204	+	4 (2) requires the compilation or creation of a list or report that does
	205	+	5 not result in the permanent electronic storage of the information.
	206	+	6 (g) "Facsimile machine" means a machine that electronically
	207	+	7 transmits exact images through connection with a telephone network.
	208	+	8 (h) "Inspect" includes the right to do the following:
	209	+	9 (1) Manually transcribe and make notes, abstracts, or memoranda.
	210	+	10 (2) In the case of tape recordings or other aural public records, to
	211	+	11 listen and manually transcribe or duplicate, or make notes,
	212	+	12 abstracts, or other memoranda from them.
	213	+	13 (3) In the case of public records available:
	214	+	14 (A) by enhanced access under section 3.5 of this chapter; or
	215	+	15 (B) to a governmental entity under section 3(c)(2) of this
	216	+	16 chapter;
	217	+	17 to examine and copy the public records by use of an electronic
	218	+	18 device.
	219	+	19 (4) In the case of electronically stored data, to manually transcribe
	220	+	20 and make notes, abstracts, or memoranda or to duplicate the data
	221	+	21 onto a disk, tape, drum, or any other medium of electronic
	222	+	22 storage.
	223	+	23 (i) "Investigatory record" means information compiled in the course
	224	+	24 of the investigation of a crime.
	225	+	25 (j) "Law enforcement activity" means:
	226	+	26 (1) a traffic stop;
	227	+	27 (2) a pedestrian stop;
	228	+	28 (3) an arrest;
	229	+	29 (4) a search;
	230	+	30 (5) an investigation;
	231	+	31 (6) a pursuit;
	232	+	32 (7) crowd control;
	233	+	33 (8) traffic control; or
	234	+	34 (9) any other instance in which a law enforcement officer is
	235	+	35 enforcing the law.
	236	+	36 The term does not include an administrative activity, including the
	237	+	37 completion of paperwork related to a law enforcement activity, or a
	238	+	38 custodial interrogation conducted in a place of detention as described
	239	+	39 in Indiana Evidence Rule 617, regardless of the ultimate admissibility
	240	+	40 of a statement made during the custodial interrogation.
	241	+	41 (k) "Law enforcement recording" means an audio, visual, or
	242	+	42 audiovisual recording of a law enforcement activity captured by a
	243	+	ES 211—LS 6837/DI 152 6
	244	+	1 camera or other device that is:
	245	+	2 (1) provided to or used by a law enforcement officer in the scope
	246	+	3 of the officer's duties; and
	247	+	4 (2) designed to be worn by a law enforcement officer or attached
	248	+	5 to the vehicle or transportation of a law enforcement officer.
	249	+	6 (l) "Offender" means a person confined in a prison, county jail,
	250	+	7 detention facility, penal institution, or in a community corrections
	251	+	8 program as the result of the person's arrest or conviction for a crime.
	252	+	9 (m) "Patient" has the meaning set out in IC 16-18-2-272(d).
	253	+	10 (n) "Person" means an individual, a corporation, a limited liability
	254	+	11 company, a partnership, an unincorporated association, or a
	255	+	12 governmental entity.
	256	+	13 (o) "Private university police department" means the police officers
	257	+	14 appointed by the governing board of a private university under
	258	+	15 IC 21-17-5.
	259	+	16 (p) "Provider" has the meaning set out in IC 16-18-2-295(b) and
	260	+	17 includes employees of the Indiana department of health or local boards
	261	+	18 of health who create patient records at the request of another provider
	262	+	19 or who are social workers and create records concerning the family
	263	+	20 background of children who may need assistance.
	264	+	21 (q) "Public agency", except as provided in section 2.1 of this
	265	+	22 chapter, means the following:
	266	+	23 (1) Any board, commission, department, division, bureau,
	267	+	24 committee, agency, office, instrumentality, or authority, by
	268	+	25 whatever name designated, exercising any part of the executive,
	269	+	26 administrative, judicial, or legislative power of the state.
	270	+	27 (2) Any:
	271	+	28 (A) county, township, school corporation, city, or town, or any
	272	+	29 board, commission, department, division, bureau, committee,
	273	+	30 office, instrumentality, or authority of any county, township,
	274	+	31 school corporation, city, or town;
	275	+	32 (B) political subdivision (as defined by IC 36-1-2-13); or
	276	+	33 (C) other entity, or any office thereof, by whatever name
	277	+	34 designated, exercising in a limited geographical area the
	278	+	35 executive, administrative, judicial, or legislative power of the
	279	+	36 state or a delegated local governmental power.
	280	+	37 (3) Any entity or office that is subject to:
	281	+	38 (A) budget review by either the department of local
	282	+	39 government finance or the governing body of a county, city,
	283	+	40 town, township, or school corporation; or
	284	+	41 (B) an audit by the state board of accounts that is required by
	285	+	42 statute, rule, or regulation.
	286	+	ES 211—LS 6837/DI 152 7
	287	+	1 (4) Any building corporation of a political subdivision that issues
	288	+	2 bonds for the purpose of constructing public facilities.
	289	+	3 (5) Any advisory commission, committee, or body created by
	290	+	4 statute, ordinance, or executive order to advise the governing
	291	+	5 body of a public agency, except medical staffs or the committees
	292	+	6 of any such staff.
	293	+	7 (6) Any law enforcement agency, which means an agency or a
	294	+	8 department of any level of government that engages in the
	295	+	9 investigation, apprehension, arrest, or prosecution of alleged
	296	+	10 criminal offenders, such as the state police department, the police
	297	+	11 or sheriff's department of a political subdivision, prosecuting
	298	+	12 attorneys, members of the excise police division of the alcohol
	299	+	13 and tobacco commission, conservation officers of the department
	300	+	14 of natural resources, gaming agents of the Indiana gaming
	301	+	15 commission, gaming control officers of the Indiana gaming
	302	+	16 commission, and the security division of the state lottery
	303	+	17 commission.
	304	+	18 (7) Any license branch operated under IC 9-14.1.
	305	+	19 (8) The state lottery commission established by IC 4-30-3-1,
	306	+	20 including any department, division, or office of the commission.
	307	+	21 (9) The Indiana gaming commission established under IC 4-33,
	308	+	22 including any department, division, or office of the commission.
	309	+	23 (10) The Indiana horse racing commission established by IC 4-31,
	310	+	24 including any department, division, or office of the commission.
	311	+	25 (11) A private university police department. The term does not
	312	+	26 include the governing board of a private university or any other
	313	+	27 department, division, board, entity, or office of a private
	314	+	28 university.
	315	+	29 (12) A charter school (as defined in IC 20-24-1-4). The term
	316	+	30 includes:
	317	+	31 (A) a virtual charter school (as defined in IC 20-24-1-10);
	318	+	32 and
	319	+	33 (B) a charter school corporation (as defined in
	320	+	34 IC 20-24-1-4.5).
	321	+	35 (r) "Public record" means any writing, paper, report, study, map,
	322	+	36 photograph, book, card, tape recording, or other material that is
	323	+	37 created, received, retained, maintained, or filed by or with a public
	324	+	38 agency and which is generated on paper, paper substitutes,
	325	+	39 photographic media, chemically based media, magnetic or machine
	326	+	40 readable media, electronically stored data, or any other material,
	327	+	41 regardless of form or characteristics.
	328	+	42 (s) "Standard-sized documents" includes all documents that can be
	329	+	ES 211—LS 6837/DI 152 8
	330	+	1 mechanically reproduced (without mechanical reduction) on paper
	331	+	2 sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
	332	+	3 and one-half (8 1/2) inches by fourteen (14) inches.
	333	+	4 (t) "Trade secret" has the meaning set forth in IC 24-2-3-2.
	334	+	5 (u) "Work product of an attorney" means information compiled by
	335	+	6 an attorney in reasonable anticipation of litigation. The term includes
	336	+	7 the attorney's:
	337	+	8 (1) notes and statements taken during interviews of prospective
	338	+	9 witnesses; and
	339	+	10 (2) legal research or records, correspondence, reports, or
	340	+	11 memoranda to the extent that each contains the attorney's
	341	+	12 opinions, theories, or conclusions.
	342	+	13 This definition does not restrict the application of any exception under
	343	+	14 section 4 of this chapter.
	344	+	15 SECTION 3. IC 20-19-3-32.5 IS ADDED TO THE INDIANA
	345	+	16 CODE AS A NEW SECTION TO READ AS FOLLOWS
	346	+	17 [EFFECTIVE JULY 1, 2024]: Sec. 32.5. (a) As used in this chapter,
	347	+	18 "school" refers to the following:
	348	+	19 (1) A school maintained by a school corporation.
	349	+	20 (2) A charter school.
	350	+	21 (3) A state accredited nonpublic school.
	351	+	22 (b) The department shall establish a civics proficiency
	352	+	23 designation for schools to further develop student understanding
	353	+	24 of civil society, constitutional government, and the democratic
	354	+	25 process.
	355	+	26 (c) In establishing the civics proficiency designation under
	356	+	27 subsection (b), the department shall do the following:
	357	+	28 (1) Establish requirements that demonstrate a student's
	358	+	29 knowledge of civil society, constitutional government, and the
	359	+	30 democratic process.
	360	+	31 (2) Outline the foundational requirements of obtaining a
	361	+	32 civics proficiency designation.
	362	+	33 (3) Prepare and provide to schools an appropriate mechanism
	363	+	34 for awarding the civics proficiency designation on a student's
	364	+	35 transcript.
	365	+	36 SECTION 4. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
	366	+	37 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	367	+	38 JULY 1, 2024]: Sec. 1. (a) School employers and school employees
	368	+	39 shall:
	369	+	40 (1) have the obligation and the right to bargain collectively the
	370	+	41 items set forth in section 4 of this chapter; and
	371	+	42 (2) enter into a contract embodying any of the matters listed in
	372	+	ES 211—LS 6837/DI 152 9
	373	+	1 section 4 of this chapter on which they have bargained
	374	+	2 collectively.
	375	+	3 (b) Notwithstanding any other law, before a school employer and
	376	+	4 school employees may privately negotiate the matters described in
	377	+	5 subsection (a)(1) during the time period for formal collective
	378	+	6 bargaining established in section 12 of this chapter, the parties must
	379	+	7 hold at least one (1) public hearing and take public testimony to discuss
	380	+	8 the items described in subsection (a). The public hearing under this
	381	+	9 subsection may take place at a regular or special meeting of the
	382	+	10 governing body. A school employer may allow governing body
	383	+	11 members or the public to participate in a public hearing under this
	384	+	12 subsection by means of electronic communication.
	385	+	13 SECTION 5. IC 20-30-6.1-4 IS ADDED TO THE INDIANA CODE
	386	+	14 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
	387	+	15 1, 2024]: Sec. 4. (a) As used in this section, "online challenge"
	388	+	16 means an Internet trend that encourages individuals to copy
	389	+	17 behaviors or actions that may cause harm to the individual.
	390	+	18 (b) Each school corporation may include instruction regarding
	391	+	19 Internet safety in the school corporation's curriculum.
	392	+	20 (c) Not later than July 1, 2025, the department shall approve
	393	+	21 previously developed curricula for use by school corporations
	394	+	22 under subsection (b).
	395	+	23 (d) Each curriculum approved under subsection (c) must
	396	+	24 include age appropriate instruction regarding the following:
	397	+	25 (1) Thinking critically about the possible provenance,
	398	+	26 reliability, and intended effect of online information before
	399	+	27 acting on the information.
	400	+	28 (2) Acting ethically in the student's interactions with others
	401	+	29 online, and reacting appropriately to unethical behavior such
	402	+	30 as:
	403	+	31 (A) cyberbullying (as described in IC 20-19-3-11.5); and
	404	+	32 (B) promotion of dangerous behavior, including self-harm
	405	+	33 or participation in an online challenge;
	406	+	34 that is directed at the student by others online.
	407	+	35 (3) Considering the uncertainties inherent in interacting with
	408	+	36 others online, particularly with regard to the ability of an
	409	+	37 individual to misrepresent the individual's identity online.
	410	+	38 (4) Recognizing the economics of providing Internet content
	411	+	39 and social media services, including:
	412	+	40 (A) the economic relationship between:
	413	+	41 (i) users; and
	414	+	42 (ii) providers;
	415	+	ES 211—LS 6837/DI 152 10
	416	+	1 of Internet content and social media services;
	417	+	2 (B) the economic incentives of a provider to influence the
	418	+	3 behavior of a user when the user is interacting with the
	419	+	4 provider's content or services; and
	420	+	5 (C) methods used by providers to influence user behavior.
	421	+	6 (5) Practicing cybersecurity, including recognizing:
	422	+	7 (A) the danger of:
	423	+	8 (i) identity theft; and
	424	+	9 (ii) financial fraud;
	425	+	10 when interacting with others online, accessing Internet
	426	+	11 content, or using social media services; and
	427	+	12 (B) the potential for information shared online to remain
	428	+	13 accessible to others in perpetuity.
	429	+	14 SECTION 6. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
	430	+	15 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	431	+	16 JULY 1, 2024]: Sec. 9. (a) This section applies to an individual who:
	432	+	17 (1) is a teacher or other school staff member; and
	433	+	18 (2) has students under the individual's charge.
	434	+	19 (b) An individual may take any action that is reasonably necessary
	435	+	20 to carry out or to prevent an interference with an educational function
	436	+	21 that the individual supervises.
	437	+	22 (c) Subject to rules of the governing body and the administrative
	438	+	23 staff, an individual may remove a student for a period that does not
	439	+	24 exceed five (5) school days from an educational function supervised by
	440	+	25 the individual or another individual who is a teacher or other school
	441	+	26 staff member.
	442	+	27 (d) If an individual removes a student from a class under subsection
	443	+	28 (c), the principal may place the student in another appropriate class or
	444	+	29 placement or into inschool suspension. The principal may not return
	445	+	30 the student to the class from which the student was removed until the
	446	+	31 principal has met with the student, the student's teacher, and the
	447	+	32 student's parents to determine an appropriate behavior plan for the
	448	+	33 student. If the student's parents do not meet with the principal and the
	449	+	34 student's teacher within a reasonable amount of time, the student may
	450	+	35 be moved to another class at the principal's discretion.
	451	+	36 (e) Notwithstanding the rules of the governing body and the
	452	+	37 administrative staff, and except as provided in subsection (f), an
	453	+	38 individual may remove a disruptive student from a classroom for
	454	+	39 the duration of the class period to prevent an interference with an
	455	+	40 educational function that the individual supervises.
	456	+	41 (f) An individual may not remove a disruptive student under
	457	+	42 subsection (e) if the interference is attributable to the student's:
	458	+	ES 211—LS 6837/DI 152 11
	459	+	1 (1) individualized education program; or
	460	+	2 (2) plan developed under Section 504 of the federal
	461	+	3 Rehabilitation Act of 1973, 29 U.S.C. 794.
	462	+	4 (g) An individual may refuse to readmit a disruptive student
	463	+	5 removed under subsection (e) if, in the sole discretion of the
	464	+	6 individual, the student's presence would continue to cause an
	465	+	7 interference with an educational function that the individual
	466	+	8 supervises.
	467	+	ES 211—LS 6837/DI 152 12
	468	+	COMMITTEE REPORT
	469	+	Madam President: The Senate Committee on Education and Career
	470	+	Development, to which was referred Senate Bill No. 211, has had the
	471	+	same under consideration and begs leave to report the same back to the
	472	+	Senate with the recommendation that said bill be AMENDED as
	473	+	follows:
	474	+	Page 2, line 27, delete "schools:" and insert "schools (not including
	475	+	a virtual charter school):".
	476	+	and when so amended that said bill do pass.
	477	+	(Reference is to SB 211 as introduced.)
	478	+	RAATZ, Chairperson
	479	+	Committee Vote: Yeas 9, Nays 4.
	480	+	_____
	481	+	SENATE MOTION
	482	+	Madam President: I move that Senate Bill 211 be amended to read
	483	+	as follows:
	484	+	Page 2, line 27, delete "schools (not including a virtual charter
	485	+	school):" and insert "schools:".
	486	+	(Reference is to SB 211 as printed February 2, 2024.)
	487	+	RAATZ
	488	+	_____
	489	+	COMMITTEE REPORT
	490	+	Mr. Speaker: Your Committee on Education, to which was referred
	491	+	Senate Bill 211, has had the same under consideration and begs leave
	492	+	to report the same back to the House with the recommendation that said
	493	+	bill be amended as follows:
	494	+	Page 1, delete lines 1 through 17, begin a new paragraph and insert:
	495	+	"SECTION 1. IC 20-19-3-32.5 IS ADDED TO THE INDIANA
15	496		CODE AS A NEW SECTION TO READ AS FOLLOWS
16		-	[EFFECTIVE JULY 1, 2024]: Sec. 32.5. (a) The department, in
17		-	collaboration with the commission for higher education, and
18		-	subject to the approval of the state board, shall establish an
19		-	excellence in civic engagement designation that may be earned by
20		-	a high school student and recognized on the transcript of a student
21		-	in a cohort that is expected to graduate in 2029 or after.
22		-	(b) In establishing criteria for the excellence in civic engagement
23		-	designation, the department may consider the following:
24		-	(1) A student's documented volunteer hours.
25		-	(2) A student's documented participation in project based
26		-	learning opportunities that demonstrate engagement in the
27		-	student's local community or a statewide initiative.
28		-	(3) A student's successful completion of course work that
29		-	emphasizes the student's understanding of civil society,
30		-	constitutional government, and the democratic process.
31		-	(4) Any other criteria the department determines
32		-	demonstrates excellent civic participation.
33		-	(c) Not later than December 1, 2024, the department shall
34		-	develop recommendations for an excellence in civics education
35		-	designation for schools that do the following:
36		-	(1) Demonstrate rigorous commitment to developing student
37		-	SEA 211 — CC 1 2
38		-	understanding of civil society, constitutional government, and
39		-	the democratic process.
40		-	(2) Have a significant number of students who earn the
41		-	excellence in civic engagement designation on students'
42		-	transcripts.
43		-	SECTION 2. IC 20-29-6-1, AS AMENDED BY P.L.200-2023,
44		-	SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45		-	JULY 1, 2024]: Sec. 1. (a) School employers and school employees
46		-	shall:
47		-	(1) have the obligation and the right to bargain collectively the
48		-	items set forth in section 4 of this chapter; and
49		-	(2) enter into a contract embodying any of the matters listed in
50		-	section 4 of this chapter on which they have bargained
51		-	collectively.
52		-	(b) Notwithstanding any other law, before a school employer and
53		-	school employees may privately negotiate the matters described in
54		-	subsection (a)(1) during the time period for formal collective
55		-	bargaining established in section 12 of this chapter, the parties must
56		-	hold at least one (1) public hearing and take public testimony to discuss
57		-	the items described in subsection (a). The public hearing under this
58		-	subsection may take place at a regular or special meeting of the
59		-	governing body. A school employer may allow governing body
60		-	members or the public to participate in a public hearing under this
61		-	subsection by means of electronic communication.
62		-	SEA 211 — CC 1 President of the Senate
63		-	President Pro Tempore
64		-	Speaker of the House of Representatives
65		-	Governor of the State of Indiana
66		-	Date: Time:
67		-	SEA 211 — CC 1
	497	+	[EFFECTIVE JULY 1, 2024]: Sec. 32.5. (a) As used in this chapter,
	498	+	"school" refers to the following:
	499	+	(1) A school maintained by a school corporation.
	500	+	(2) A charter school.
	501	+	ES 211—LS 6837/DI 152 13
	502	+	(3) A state accredited nonpublic school.
	503	+	(b) The department shall establish a civics proficiency
	504	+	designation for schools to further develop student understanding
	505	+	of civil society, constitutional government, and the democratic
	506	+	process.
	507	+	(c) In establishing the civics proficiency designation under
	508	+	subsection (b), the department shall do the following:
	509	+	(1) Establish requirements that demonstrate a student's
	510	+	knowledge of civil society, constitutional government, and the
	511	+	democratic process.
	512	+	(2) Outline the foundational requirements of obtaining a
	513	+	civics proficiency designation.
	514	+	(3) Prepare and provide to schools an appropriate mechanism
	515	+	for awarding the civics proficiency designation on a student's
	516	+	transcript.".
	517	+	Page 2, delete lines 1 through 14.
	518	+	Page 4, delete lines 7 through 18.
	519	+	Page 4, after line 18, begin a new paragraph and insert:
	520	+	"SECTION 7. IC 20-30-6.1-4 IS ADDED TO THE INDIANA
	521	+	CODE AS A NEW SECTION TO READ AS FOLLOWS
	522	+	[EFFECTIVE JULY 1, 2024]: Sec. 4. (a) As used in this section,
	523	+	"online challenge" means an Internet trend that encourages
	524	+	individuals to copy behaviors or actions that may cause harm to
	525	+	the individual.
	526	+	(b) Each school corporation may include instruction regarding
	527	+	Internet safety in the school corporation's curriculum.
	528	+	(c) Not later than July 1, 2025, the department shall approve
	529	+	previously developed curricula for use by school corporations
	530	+	under subsection (b).
	531	+	(d) Each curriculum approved under subsection (c) must
	532	+	include age appropriate instruction regarding the following:
	533	+	(1) Thinking critically about the possible provenance,
	534	+	reliability, and intended effect of online information before
	535	+	acting on the information.
	536	+	(2) Acting ethically in the student's interactions with others
	537	+	online, and reacting appropriately to unethical behavior such
	538	+	as:
	539	+	(A) cyberbullying (as described in IC 20-19-3-11.5); and
	540	+	(B) promotion of dangerous behavior, including self-harm
	541	+	or participation in an online challenge;
	542	+	that is directed at the student by others online.
	543	+	(3) Considering the uncertainties inherent in interacting with
	544	+	ES 211—LS 6837/DI 152 14
	545	+	others online, particularly with regard to the ability of an
	546	+	individual to misrepresent the individual's identity online.
	547	+	(4) Recognizing the economics of providing Internet content
	548	+	and social media services, including:
	549	+	(A) the economic relationship between:
	550	+	(i) users; and
	551	+	(ii) providers;
	552	+	of Internet content and social media services;
	553	+	(B) the economic incentives of a provider to influence the
	554	+	behavior of a user when the user is interacting with the
	555	+	provider's content or services; and
	556	+	(C) methods used by providers to influence user behavior.
	557	+	(5) Practicing cybersecurity, including recognizing:
	558	+	(A) the danger of:
	559	+	(i) identity theft; and
	560	+	(ii) financial fraud;
	561	+	when interacting with others online, accessing Internet
	562	+	content, or using social media services; and
	563	+	(B) the potential for information shared online to remain
	564	+	accessible to others in perpetuity.
	565	+	SECTION 8. IC 20-33-8-9, AS AMENDED BY P.L.121-2009,
	566	+	SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	567	+	JULY 1, 2024]: Sec. 9. (a) This section applies to an individual who:
	568	+	(1) is a teacher or other school staff member; and
	569	+	(2) has students under the individual's charge.
	570	+	(b) An individual may take any action that is reasonably necessary
	571	+	to carry out or to prevent an interference with an educational function
	572	+	that the individual supervises.
	573	+	(c) Subject to rules of the governing body and the administrative
	574	+	staff, an individual may remove a student for a period that does not
	575	+	exceed five (5) school days from an educational function supervised by
	576	+	the individual or another individual who is a teacher or other school
	577	+	staff member.
	578	+	(d) If an individual removes a student from a class under subsection
	579	+	(c), the principal may place the student in another appropriate class or
	580	+	placement or into inschool suspension. The principal may not return
	581	+	the student to the class from which the student was removed until the
	582	+	principal has met with the student, the student's teacher, and the
	583	+	student's parents to determine an appropriate behavior plan for the
	584	+	student. If the student's parents do not meet with the principal and the
	585	+	student's teacher within a reasonable amount of time, the student may
	586	+	be moved to another class at the principal's discretion.
	587	+	ES 211—LS 6837/DI 152 15
	588	+	(e) Notwithstanding the rules of the governing body and the
	589	+	administrative staff, and except as provided in subsection (f), an
	590	+	individual may remove a disruptive student from a classroom for
	591	+	the duration of the class period to prevent an interference with an
	592	+	educational function that the individual supervises.
	593	+	(f) An individual may not remove a disruptive student under
	594	+	subsection (e) if the interference is attributable to the student's:
	595	+	(1) individualized education program; or
	596	+	(2) plan developed under Section 504 of the federal
	597	+	Rehabilitation Act of 1973, 29 U.S.C. 794.
	598	+	(g) An individual may refuse to readmit a disruptive student
	599	+	removed under subsection (e) if, in the sole discretion of the
	600	+	individual, the student's presence would continue to cause an
	601	+	interference with an educational function that the individual
	602	+	supervises.".
	603	+	Renumber all SECTIONS consecutively.
	604	+	and when so amended that said bill do pass.
	605	+	(Reference is to SB 211 as reprinted February 6, 2024.)
	606	+	BEHNING
	607	+	Committee Vote: yeas 12, nays 0.
	608	+	_____
	609	+	HOUSE MOTION
	610	+	Mr. Speaker: I move that Engrossed Senate Bill 211 be amended to
	611	+	read as follows:
	612	+	Page 2, delete lines 5 through 42.
	613	+	Page 3, delete lines 1 through 19.
	614	+	Renumber all SECTIONS consecutively.
	615	+	(Reference is to ESB 211 as printed February 22, 2024.)
	616	+	BEHNING
	617	+	ES 211—LS 6837/DI 152 16
	618	+	HOUSE MOTION
	619	+	Mr. Speaker: I move that Engrossed Senate Bill 211 be amended to
	620	+	read as follows:
	621	+	Page 1, between the enacting clause and line 1, begin a new
	622	+	paragraph and insert:
	623	+	"SECTION 1. IC 5-14-1.5-2, AS AMENDED BY P.L.124-2022,
	624	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	625	+	JULY 1, 2024]: Sec. 2. For the purposes of this chapter:
	626	+	(a) "Public agency", except as provided in section 2.1 of this
	627	+	chapter, means the following:
	628	+	(1) Any board, commission, department, agency, authority, or
	629	+	other entity, by whatever name designated, exercising a portion of
	630	+	the executive, administrative, or legislative power of the state.
	631	+	(2) Any county, township, school corporation, city, town, political
	632	+	subdivision, or other entity, by whatever name designated,
	633	+	exercising in a limited geographical area the executive,
	634	+	administrative, or legislative power of the state or a delegated
	635	+	local governmental power.
	636	+	(3) Any entity which is subject to either:
	637	+	(A) budget review by either the department of local
	638	+	government finance or the governing body of a county, city,
	639	+	town, township, or school corporation; or
	640	+	(B) audit by the state board of accounts that is required by
	641	+	statute, rule, or regulation.
	642	+	(4) Any building corporation of a political subdivision of the state
	643	+	of Indiana that issues bonds for the purpose of constructing public
	644	+	facilities.
	645	+	(5) Any advisory commission, committee, or body created by
	646	+	statute, ordinance, or executive order to advise the governing
	647	+	body of a public agency, except medical staffs or the committees
	648	+	of any such staff.
	649	+	(6) The Indiana gaming commission established by IC 4-33,
	650	+	including any department, division, or office of the commission.
	651	+	(7) The Indiana horse racing commission established by IC 4-31,
	652	+	including any department, division, or office of the commission.
	653	+	(8) A charter school.
	654	+	(b) "Governing body" means two (2) or more individuals who are
	655	+	any of the following:
	656	+	(1) A public agency that:
	657	+	(A) is a board, a commission, an authority, a council, a
	658	+	committee, a body, or other entity; and
	659	+	ES 211—LS 6837/DI 152 17
	660	+	(B) takes official action on public business.
	661	+	(2) The board, commission, council, or other body of a public
	662	+	agency which takes official action upon public business.
	663	+	(3) Any committee appointed directly by the governing body or
	664	+	its presiding officer to which authority to take official action upon
	665	+	public business has been delegated. An agent or agents appointed
	666	+	by the governing body to conduct collective bargaining on behalf
	667	+	of the governing body does not constitute a governing body for
	668	+	purposes of this chapter.
	669	+	(c) "Meeting" means a gathering of a majority of the governing body
	670	+	of a public agency for the purpose of taking official action upon public
	671	+	business. It does not include any of the following:
	672	+	(1) Any social or chance gathering not intended to avoid this
	673	+	chapter.
	674	+	(2) Any on-site inspection of any:
	675	+	(A) project;
	676	+	(B) program; or
	677	+	(C) facilities of applicants for incentives or assistance from the
	678	+	governing body.
	679	+	(3) Traveling to and attending meetings of organizations devoted
	680	+	to betterment of government.
	681	+	(4) A caucus.
	682	+	(5) A gathering to discuss an industrial or a commercial prospect
	683	+	that does not include a conclusion as to recommendations, policy,
	684	+	decisions, or final action on the terms of a request or an offer of
	685	+	public financial resources.
	686	+	(6) An orientation of members of the governing body on their role
	687	+	and responsibilities as public officials, but not for any other
	688	+	official action.
	689	+	(7) A gathering for the sole purpose of administering an oath of
	690	+	office to an individual.
	691	+	(8) Collective bargaining discussions that the governing body of
	692	+	a school corporation engages in directly with bargaining
	693	+	adversaries. This subdivision applies only to a governing body
	694	+	that has not appointed an agent or agents to conduct collective
	695	+	bargaining on behalf of the governing body as described in
	696	+	subsection (b)(3).
	697	+	(d) "Official action" means to:
	698	+	(1) receive information;
	699	+	(2) deliberate;
	700	+	(3) make recommendations;
	701	+	(4) establish policy;
	702	+	ES 211—LS 6837/DI 152 18
	703	+	(5) make decisions; or
	704	+	(6) take final action.
	705	+	(e) "Public business" means any function upon which the public
	706	+	agency is empowered or authorized to take official action.
	707	+	(f) "Executive session" means a meeting from which the public is
	708	+	excluded, except the governing body may admit those persons
	709	+	necessary to carry out its purpose. The governing body may also admit
	710	+	an individual who has been elected to the governing body but has not
	711	+	been sworn in as a member of the governing body.
	712	+	(g) "Final action" means a vote by the governing body on any
	713	+	motion, proposal, resolution, rule, regulation, ordinance, or order.
	714	+	(h) "Caucus" means a gathering of members of a political party or
	715	+	coalition which is held for purposes of planning political strategy and
	716	+	holding discussions designed to prepare the members for taking official
	717	+	action.
	718	+	(i) "Deliberate" means a discussion which may reasonably be
	719	+	expected to result in official action (defined under subsection (d)(3),
	720	+	(d)(4), (d)(5), or (d)(6)).
	721	+	(j) "News media" means all newspapers qualified to receive legal
	722	+	advertisements under IC 5-3-1, all news services (as defined in
	723	+	IC 34-6-2-87), and all licensed commercial or public radio or television
	724	+	stations.
	725	+	(k) "Person" means an individual, a corporation, a limited liability
	726	+	company, a partnership, an unincorporated association, or a
	727	+	governmental entity.
	728	+	(l) "State educational institution" has the meaning set forth in
	729	+	IC 21-7-13-32.
	730	+	(m) "Charter school" has the meaning set forth in IC 20-24-1-4).
	731	+	The term includes:
	732	+	(1) a virtual charter school (as defined in IC 20-24-1-10); and
	733	+	(2) a charter school corporation (as defined in IC 20-24-1-4.5).
	734	+	SECTION 2. IC 5-14-3-2, AS AMENDED BY P.L.64-2023,
	735	+	SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	736	+	JULY 1, 2024]: Sec. 2. (a) The definitions set forth in this section apply
	737	+	throughout this chapter.
	738	+	(b) "Copy" includes transcribing by handwriting, photocopying,
	739	+	xerography, duplicating machine, duplicating electronically stored data
	740	+	onto a disk, tape, drum, or any other medium of electronic data storage,
	741	+	and reproducing by any other means.
	742	+	(c) "Criminal intelligence information" means data that has been
	743	+	evaluated to determine that the data is relevant to:
	744	+	(1) the identification of; and
	745	+	ES 211—LS 6837/DI 152 19
	746	+	(2) the criminal activity engaged in by;
	747	+	an individual who or organization that is reasonably suspected of
	748	+	involvement in criminal activity.
	749	+	(d) "Direct cost" means one hundred five percent (105%) of the sum
	750	+	of the cost of:
	751	+	(1) the initial development of a program, if any;
	752	+	(2) the labor required to retrieve electronically stored data;
	753	+	(3) the labor required to:
	754	+	(A) obscure nondisclosable information; and
	755	+	(B) perform an administrative review to determine if all
	756	+	nondisclosable information has been obscured;
	757	+	in a law enforcement recording; and
	758	+	(4) any medium used for electronic output;
	759	+	for providing a duplicate of electronically stored data onto a disk, tape,
	760	+	drum, or other medium of electronic data retrieval under section 8(g)
	761	+	of this chapter, or for reprogramming a computer system under section
	762	+	6(c) of this chapter. However, if the labor described in subdivision (3)
	763	+	is performed by an attorney, the cost under subdivision (3) may not
	764	+	exceed reasonable attorney's fees.
	765	+	(e) "Electronic map" means copyrighted data provided by a public
	766	+	agency from an electronic geographic information system.
	767	+	(f) "Enhanced access" means the inspection of a public record by a
	768	+	person other than a governmental entity and that:
	769	+	(1) is by means of an electronic device other than an electronic
	770	+	device provided by a public agency in the office of the public
	771	+	agency; or
	772	+	(2) requires the compilation or creation of a list or report that does
	773	+	not result in the permanent electronic storage of the information.
	774	+	(g) "Facsimile machine" means a machine that electronically
	775	+	transmits exact images through connection with a telephone network.
	776	+	(h) "Inspect" includes the right to do the following:
	777	+	(1) Manually transcribe and make notes, abstracts, or memoranda.
	778	+	(2) In the case of tape recordings or other aural public records, to
	779	+	listen and manually transcribe or duplicate, or make notes,
	780	+	abstracts, or other memoranda from them.
	781	+	(3) In the case of public records available:
	782	+	(A) by enhanced access under section 3.5 of this chapter; or
	783	+	(B) to a governmental entity under section 3(c)(2) of this
	784	+	chapter;
	785	+	to examine and copy the public records by use of an electronic
	786	+	device.
	787	+	(4) In the case of electronically stored data, to manually transcribe
	788	+	ES 211—LS 6837/DI 152 20
	789	+	and make notes, abstracts, or memoranda or to duplicate the data
	790	+	onto a disk, tape, drum, or any other medium of electronic
	791	+	storage.
	792	+	(i) "Investigatory record" means information compiled in the course
	793	+	of the investigation of a crime.
	794	+	(j) "Law enforcement activity" means:
	795	+	(1) a traffic stop;
	796	+	(2) a pedestrian stop;
	797	+	(3) an arrest;
	798	+	(4) a search;
	799	+	(5) an investigation;
	800	+	(6) a pursuit;
	801	+	(7) crowd control;
	802	+	(8) traffic control; or
	803	+	(9) any other instance in which a law enforcement officer is
	804	+	enforcing the law.
	805	+	The term does not include an administrative activity, including the
	806	+	completion of paperwork related to a law enforcement activity, or a
	807	+	custodial interrogation conducted in a place of detention as described
	808	+	in Indiana Evidence Rule 617, regardless of the ultimate admissibility
	809	+	of a statement made during the custodial interrogation.
	810	+	(k) "Law enforcement recording" means an audio, visual, or
	811	+	audiovisual recording of a law enforcement activity captured by a
	812	+	camera or other device that is:
	813	+	(1) provided to or used by a law enforcement officer in the scope
	814	+	of the officer's duties; and
	815	+	(2) designed to be worn by a law enforcement officer or attached
	816	+	to the vehicle or transportation of a law enforcement officer.
	817	+	(l) "Offender" means a person confined in a prison, county jail,
	818	+	detention facility, penal institution, or in a community corrections
	819	+	program as the result of the person's arrest or conviction for a crime.
	820	+	(m) "Patient" has the meaning set out in IC 16-18-2-272(d).
	821	+	(n) "Person" means an individual, a corporation, a limited liability
	822	+	company, a partnership, an unincorporated association, or a
	823	+	governmental entity.
	824	+	(o) "Private university police department" means the police officers
	825	+	appointed by the governing board of a private university under
	826	+	IC 21-17-5.
	827	+	(p) "Provider" has the meaning set out in IC 16-18-2-295(b) and
	828	+	includes employees of the Indiana department of health or local boards
	829	+	of health who create patient records at the request of another provider
	830	+	or who are social workers and create records concerning the family
	831	+	ES 211—LS 6837/DI 152 21
	832	+	background of children who may need assistance.
	833	+	(q) "Public agency", except as provided in section 2.1 of this
	834	+	chapter, means the following:
	835	+	(1) Any board, commission, department, division, bureau,
	836	+	committee, agency, office, instrumentality, or authority, by
	837	+	whatever name designated, exercising any part of the executive,
	838	+	administrative, judicial, or legislative power of the state.
	839	+	(2) Any:
	840	+	(A) county, township, school corporation, city, or town, or any
	841	+	board, commission, department, division, bureau, committee,
	842	+	office, instrumentality, or authority of any county, township,
	843	+	school corporation, city, or town;
	844	+	(B) political subdivision (as defined by IC 36-1-2-13); or
	845	+	(C) other entity, or any office thereof, by whatever name
	846	+	designated, exercising in a limited geographical area the
	847	+	executive, administrative, judicial, or legislative power of the
	848	+	state or a delegated local governmental power.
	849	+	(3) Any entity or office that is subject to:
	850	+	(A) budget review by either the department of local
	851	+	government finance or the governing body of a county, city,
	852	+	town, township, or school corporation; or
	853	+	(B) an audit by the state board of accounts that is required by
	854	+	statute, rule, or regulation.
	855	+	(4) Any building corporation of a political subdivision that issues
	856	+	bonds for the purpose of constructing public facilities.
	857	+	(5) Any advisory commission, committee, or body created by
	858	+	statute, ordinance, or executive order to advise the governing
	859	+	body of a public agency, except medical staffs or the committees
	860	+	of any such staff.
	861	+	(6) Any law enforcement agency, which means an agency or a
	862	+	department of any level of government that engages in the
	863	+	investigation, apprehension, arrest, or prosecution of alleged
	864	+	criminal offenders, such as the state police department, the police
	865	+	or sheriff's department of a political subdivision, prosecuting
	866	+	attorneys, members of the excise police division of the alcohol
	867	+	and tobacco commission, conservation officers of the department
	868	+	of natural resources, gaming agents of the Indiana gaming
	869	+	commission, gaming control officers of the Indiana gaming
	870	+	commission, and the security division of the state lottery
	871	+	commission.
	872	+	(7) Any license branch operated under IC 9-14.1.
	873	+	(8) The state lottery commission established by IC 4-30-3-1,
	874	+	ES 211—LS 6837/DI 152 22
	875	+	including any department, division, or office of the commission.
	876	+	(9) The Indiana gaming commission established under IC 4-33,
	877	+	including any department, division, or office of the commission.
	878	+	(10) The Indiana horse racing commission established by IC 4-31,
	879	+	including any department, division, or office of the commission.
	880	+	(11) A private university police department. The term does not
	881	+	include the governing board of a private university or any other
	882	+	department, division, board, entity, or office of a private
	883	+	university.
	884	+	(12) A charter school (as defined in IC 20-24-1-4). The term
	885	+	includes:
	886	+	(A) a virtual charter school (as defined in IC 20-24-1-10);
	887	+	and
	888	+	(B) a charter school corporation (as defined in
	889	+	IC 20-24-1-4.5).
	890	+	(r) "Public record" means any writing, paper, report, study, map,
	891	+	photograph, book, card, tape recording, or other material that is
	892	+	created, received, retained, maintained, or filed by or with a public
	893	+	agency and which is generated on paper, paper substitutes,
	894	+	photographic media, chemically based media, magnetic or machine
	895	+	readable media, electronically stored data, or any other material,
	896	+	regardless of form or characteristics.
	897	+	(s) "Standard-sized documents" includes all documents that can be
	898	+	mechanically reproduced (without mechanical reduction) on paper
	899	+	sized eight and one-half (8 1/2) inches by eleven (11) inches or eight
	900	+	and one-half (8 1/2) inches by fourteen (14) inches.
	901	+	(t) "Trade secret" has the meaning set forth in IC 24-2-3-2.
	902	+	(u) "Work product of an attorney" means information compiled by
	903	+	an attorney in reasonable anticipation of litigation. The term includes
	904	+	the attorney's:
	905	+	(1) notes and statements taken during interviews of prospective
	906	+	witnesses; and
	907	+	(2) legal research or records, correspondence, reports, or
	908	+	memoranda to the extent that each contains the attorney's
	909	+	opinions, theories, or conclusions.
	910	+	This definition does not restrict the application of any exception under
	911	+	section 4 of this chapter.".
	912	+	Renumber all SECTIONS consecutively.
	913	+	(Reference is to ESB 211 as printed February 22, 2024.)
	914	+	DELANEY
	915	+	ES 211—LS 6837/DI 152