Introduced Version
SENATE BILL No. 212
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-21-2-4; IC 20-22-3; IC 20-26-5-4.3;
IC 20-28; IC 20-32; IC 20-43; IC 20-52.
Synopsis: Various education matters. Provides that the Indiana school
for the blind and visually impaired board shall give preference to a
candidate for the chief executive officer position who meets the
qualifications for an Indiana teacher's certificate in the area of visual
impairment disabilities, but shall not require a candidate for the chief
executive officer position to meet the qualifications for an Indiana
teacher's certificate in the area of visual impairment disabilities.
Provides that the Indiana school for the deaf board may establish a
nonprofit corporation or partner with an existing nonprofit corporation.
Provides that the public meeting that must be held before a contract for
employment is entered into by a governing body and a school
superintendent may take place at a regular or special meeting of the
governing body. Prohibits a teacher preparation program from using
curriculum or content that is based on the three-cueing model. Provides
that if only one new member is elected to the board of the governing
body, a governing body may enter into a contract with a superintendent
after the election. Amends the student learning recovering grant
program and fund. Repeals the primetime program. Requires the
department to establish criteria for determining whether a credential
qualifies as a micro-credential. Amends the Indiana student enrichment
grant program.
Effective: July 1, 2024.
Raatz
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
2024 IN 212—LS 6927/DI 154 Introduced
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE BILL No. 212
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 20-21-2-4, AS AMENDED BY P.L.100-2012,
2 SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) The board shall appoint the chief executive
4 officer, subject to the approval of the governor. The executive serves
5 at the pleasure of the board.
6 (b) The executive appointee must have the following qualifications:
7 (1) Be an educator with knowledge, skill, and ability in the
8 appointee's profession.
9 (2) Have at least five (5) years experience in instruction of
10 students with visual impairment disabilities.
11 (3) Have a master's degree or a higher degree.
12 (4) Meet the qualifications for an Indiana teacher's certificate in
13 the area of visual impairment disabilities.
14 (5) (4) Have at least five (5) years experience supervising other
15 individuals.
16 (c) The board shall give preference to a candidate for the chief
17 executive officer position who meets the qualifications for an
2024 IN 212—LS 6927/DI 154 2
1 Indiana teacher's certificate in the area of visual impairment
2 disabilities. However, the board may not require a candidate for
3 the chief executive officer position to meet the qualifications for an
4 Indiana teacher's certificate in the area of visual impairment
5 disabilities.
6 SECTION 2. IC 20-22-3-11, AS ADDED BY P.L.1-2005,
7 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2024]: Sec. 11. The board may do any of the following to
9 implement this article:
10 (1) Adopt, amend, and repeal bylaws in compliance with this
11 article to govern the business of the board.
12 (2) Appoint committees the board considers necessary to advise
13 the board.
14 (3) Accept gifts, devises, bequests, grants, loans, and
15 appropriations, and agree to and comply with conditions attached
16 to a gift, devise, bequest, grant, loan, or appropriation.
17 (4) Do all acts and things necessary, proper, or convenient to
18 carry out this article.
19 (5) Establish a nonprofit corporation or partner with an
20 existing nonprofit corporation in accordance with
21 IC 20-22-3-12.
22 SECTION 3. IC 20-22-3-12 IS ADDED TO THE INDIANA CODE
23 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2024]: Sec. 12. (a) The board may establish a nonprofit
25 corporation or partner with an existing nonprofit corporation that
26 is exempt from federal income taxation under section 501(c)(3) of
27 the Internal Revenue Code to exclusively benefit the purposes of
28 the Indiana school for the deaf, which may include, but is not
29 limited to, the following actions by the nonprofit corporation:
30 (1) Solicit and accept private sector funding, gifts, donations,
31 bequests, devises, and contributions.
32 (2) Promote public awareness of and support for the purposes
33 of the Indiana school for the deaf.
34 (3) Enhance the academic, social, and cultural opportunities
35 for Indiana school for the deaf students and Indiana children
36 who are deaf or have a hearing disability.
37 (4) Provide outreach and engagement activities to Indiana
38 school for the deaf alumni.
39 (b) The state board of accounts shall audit a nonprofit
40 corporation established under this section.
41 SECTION 4. IC 20-26-5-4.3, AS ADDED BY P.L.148-2012,
42 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2024 IN 212—LS 6927/DI 154 3
1 JULY 1, 2024]: Sec. 4.3. (a) At least seven (7) days before a contract
2 for employment is entered into by a governing body and a school
3 superintendent, the governing body shall hold a public meeting on the
4 proposed contract at which public comment is heard. The public
5 meeting may be a regular or special meeting of the governing body.
6 The governing body is not required to disclose the identity of the
7 candidate for superintendent at the public meeting.
8 (b) Notice of the meeting on the proposed contract shall be given in
9 accordance with IC 5-3-1 and posted on the school corporation's
10 Internet web site.
11 (c) The notice provided in subsection (b) must:
12 (1) state that on a given day, time, and place the governing body
13 will meet to discuss and hear objections to and support for the
14 proposed contract; and
15 (2) set forth the details of the proposed contract, including the
16 actual monetary value of the contract, benefits, and any additional
17 forms of compensation for each year of the contract.
18 (d) A governing body shall post the provisions of an employment
19 contract that the governing body enters into with a superintendent of
20 the school corporation on the school corporation's Internet web site.
21 SECTION 5. IC 20-28-3-3.1, AS ADDED BY P.L.243-2023,
22 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 3.1. (a) As used in this section, "teacher
24 candidate" means an individual recommended for an initial teaching
25 license from a teacher preparation program located in Indiana.
26 (b) As used in this section, "teacher preparation program" includes
27 the following:
28 (1) A teacher education school or department.
29 (2) A transition to teaching program under IC 20-28-4.
30 (3) Any other entity approved by the department to offer a course
31 of study leading to an initial teaching license.
32 (c) As used in this section, "three-cueing model" refers to the
33 three-cueing model of reading:
34 (1) that uses visual memory as the primary basis for teaching
35 word recognition; or
36 (2) that is based on meaning, structure and syntax, and visual
37 cues.
38 (c) (d) The department shall develop guidelines requiring accredited
39 teacher preparation programs to use curriculum or content that instructs
40 teacher candidates on the science of reading.
41 (e) A teacher preparation program shall not use curriculum or
42 content that is based on the three-cueing model.
2024 IN 212—LS 6927/DI 154 4
1 (d) (f) Beginning July 1, 2024, the department shall conduct a
2 review of accredited teacher preparation programs for alignment with
3 the requirements of subsection (c). subsections (d) and (e).
4 (e) (g) Upon review by the department under subsection (d), (f), an
5 accredited teacher preparation program that is not in alignment with the
6 requirements of subsection (c) subsections (d) and (e) shall be
7 submitted for a referral under section 1(l) of this chapter.
8 (f) (h) If an accredited teacher preparation program:
9 (1) has been submitted for a referral under subsection (e); (g); and
10 (2) fails to meet the criteria of the improvement plan developed
11 under section 1(l) of this chapter;
12 the department shall revoke the teacher preparation program's right to
13 use the word "accredited".
14 SECTION 6. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
15 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 6. (a) A contract entered into by a governing body
17 and its superintendent is subject to the following conditions:
18 (1) If the superintendent holds a license under IC 20-28-5, the
19 basic contract must be in the form of the regular teacher's
20 contract.
21 (2) The contract may be altered or rescinded for a new one at any
22 time by mutual consent of the governing body and the
23 superintendent. The consent of both parties must be in writing and
24 must be expressed in a manner consistent with this section and
25 section 7 of this chapter.
26 (3) If the superintendent holds a license under IC 20-28-5, the
27 rights of a superintendent as a teacher under any other law are not
28 affected by the contract. However, if a right of a superintendent
29 as a teacher under any other law conflicts with the conditions
30 under subsection (b), subsection (b) governs.
31 (4) For a contract entered into or renewed after June 30, 2017, the
32 conditions set forth under subsection (b).
33 (b) This subsection applies to contracts entered into or renewed after
34 June 30, 2017. A contract entered into by a governing body and its
35 superintendent is subject to the following conditions:
36 (1) The contract must be for a term of at least one (1) year and not
37 more than three (3) years. However, a contract may be extended
38 for not more than an additional five (5) years beyond the term of
39 the original contract.
40 (2) If the contract contains a provision that establishes an amount
41 the governing body must pay to the superintendent to buy out the
42 contract, the amount may not be more than an amount equal to the
2024 IN 212—LS 6927/DI 154 5
1 lesser of:
2 (A) the superintendent's salary for any one (1) year under the
3 contract; or
4 (B) two hundred fifty thousand dollars ($250,000).
5 A superintendent's salary under clause (A) does not include
6 benefits or any other forms of compensation that the
7 superintendent receives as payment under the contract other than
8 the superintendent's salary.
9 (c) This subsection applies to a governing body in which at least one
10 (1) member is two (2) members are elected. After June 30, 2021, a
11 governing body may not enter into a contract with a superintendent
12 under this section on or after the date of the election for one (1) two (2)
13 or more members of the governing body until January 1 of the year
14 immediately following the year of the election. However, this
15 subsection does not apply if:
16 (1) the membership of the governing body does not change as a
17 result of the particular election; or
18 (2) only one (1) new member is elected to the governing body.
19 SECTION 7. IC 20-32-3-0.5 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2024]: Sec. 0.5. As used in this chapter, "micro-credential"
22 means a credential that:
23 (1) can be stacked; and
24 (2) leads to a verified credential that allows students to
25 successfully demonstrate competencies critical to success in:
26 (A) postsecondary enrollment;
27 (B) employment; or
28 (C) enlistment in the armed forces of the United States.
29 SECTION 8. IC 20-32-3-10.5 IS ADDED TO THE INDIANA
30 CODE AS A NEW SECTION TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2024]: Sec. 10.5. The department shall
32 establish criteria for determining whether a credential qualifies as
33 a micro-credential.
34 SECTION 9. IC 20-32-8.7-5, AS AMENDED BY P.L.171-2023,
35 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2024]: Sec. 5. (a) The student learning recovery grant program
37 is established to provide grants to an eligible entity for the purpose of
38 providing recovery learning and remediation to students in
39 kindergarten through grade 12 who:
40 (1) have experienced learning loss;
41 (2) have fallen behind in acquiring anticipated grade level
42 academic skills and knowledge;
2024 IN 212—LS 6927/DI 154 6
1 (3) have scored below academic standards or average
2 benchmarks; or
3 (4) are at risk of falling below academic standards.
4 due to the disruption in student education caused by the coronavirus
5 disease (COVID-19) pandemic and insufficient instructional
6 alternatives.
7 (b) The department shall administer the program.
8 (c) The department may award grants to eligible entities under the
9 program. in state fiscal year 2024 and state fiscal year 2025 from funds
10 appropriated during the 2021 regular session of the Indiana general
11 assembly that have not been obligated.
12 SECTION 10. IC 20-32-8.7-7, AS AMENDED BY P.L.171-2023,
13 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 7. (a) To be eligible to receive a grant under this
15 chapter, an eligible entity must do the following:
16 (1) Apply on a form and in a manner established by the
17 department.
18 (2) Apply by a date established by the department.
19 (3) Develop and submit to the department a student learning
20 recovery plan that meets the requirements in section 8 of this
21 chapter and any other requirements established by the department.
22 including a requirement that a school corporation or charter
23 school identified in the plan provide a matching grant in an
24 amount determined by the department.
25 (4) Specify the amount requested in the student learning recovery
26 plan submitted by the eligible entity under subdivision (3).
27 (b) If a school corporation or charter school is required to provide
28 a matching grant as part of a student learning recovery plan, the
29 matching grant may only consist of federal funds received by the
30 school corporation or charter school.
31 SECTION 11. IC 20-32-8.7-8, AS AMENDED BY P.L.216-2021,
32 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 8. (a) To be eligible to receive a grant under this
34 chapter, an eligible entity must develop and submit to the department
35 a student learning recovery plan to provide recovery learning to
36 students of the eligible entity described in section 5(a) of this chapter.
37 (b) A plan developed under subsection (a) must do the following:
38 (1) Address learning loss associated with the purpose of the
39 program described in section 5(a) of this chapter.
40 (2) Identify metrics to measure learning recovery under the
41 program as well as the proposed measurable and specific
42 improvements to be made to demonstrate learning recovery.
2024 IN 212—LS 6927/DI 154 7
1 (3) Provide for recovery learning to be offered in an in person
2 setting, and may not offer recovery learning in a virtual setting.
3 (4) Include requirements that if the eligible entity receives any
4 federal grants or money for a similar purpose in which the eligible
5 entity is requesting a grant under this chapter, the eligible entity
6 must use the federal grant or money before using any grant money
7 awarded by the department under section 9 of this chapter.
8 SECTION 12. IC 20-32-8.7-13, AS AMENDED BY P.L.171-2023,
9 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
10 JULY 1, 2024]: Sec. 13. (a) Not later than July 1, 2023, and July 1,
11 2024, of each year, the department shall prepare an annual report that
12 includes the following:
13 (1) A list of all of the eligible entities that participated in the
14 program.
15 (2) The amount of the grant awarded to each participating eligible
16 entity.
17 (3) The total amount of grants awarded under this chapter.
18 (b) The department shall submit the report described in subsection
19 (a) to the:
20 (1) governor; and
21 (2) legislative council in an electronic format under IC 5-14-6.
22 SECTION 13. IC 20-32-8.7-15 IS REPEALED [EFFECTIVE JULY
23 1, 2024]. Sec. 15. There is appropriated to the fund one hundred fifty
24 million dollars ($150,000,000) from the state general fund for the
25 purposes of providing grants under this chapter for the state fiscal year
26 beginning July 1, 2020, and ending June 30, 2021. Funds appropriated
27 under this section do not revert to the state general fund and remain
28 available to be spent for purposes of the program.
29 SECTION 14. IC 20-32-8.7-16 IS REPEALED [EFFECTIVE JULY
30 1, 2024]. Sec. 16. This chapter expires July 1, 2025.
31 SECTION 15. IC 20-43-1-22 IS REPEALED [EFFECTIVE JULY
32 1, 2024]. Sec. 22. "Primetime program" refers to the program
33 established under IC 20-43-9-1.
34 SECTION 16. IC 20-43-9 IS REPEALED [EFFECTIVE JULY 1,
35 2024]. (Primetime Program).
36 SECTION 17. IC 20-52-3-3, AS ADDED BY P.L.168-2022,
37 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 3. (a) To be considered an enrichment student, the
39 student must at a minimum:
40 (1) have experienced learning loss;
41 (2) have fallen behind in acquiring anticipated grade level
42 academic skills and knowledge;
2024 IN 212—LS 6927/DI 154 8
1 (3) have scored below academic standards or average
2 benchmarks; or
3 (4) be at risk of falling below academic standards.
4 However, the department may establish more stringent criteria for
5 determining eligibility for a grant under this article.
6 (b) For each school year, the department shall determine, based on
7 the amount of funds available for the program, the number of grants
8 that the department will award under the program. The number of
9 applications approved and the number of grants awarded under this
10 article by the department for the school year may not exceed the
11 number determined by the department under this section.
12 (c) Only federal funds may be used to award grants under this
13 article. A grant may not be made under this article after funds received
14 by the department from the Elementary and Secondary School
15 Emergency Relief Fund (ESSER fund) are exhausted.
16 SECTION 18. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
17 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 2. (a) An enrichment student who currently
19 maintains an account is entitled to a grant amount, the amount of which
20 shall be subject to available funding and determined by the department.
21 The department shall deposit the enrichment grant amount under this
22 section into an enrichment student's account in a manner established by
23 the department.
24 (b) Except as provided in subsection (c), at the end of the year in
25 which an account is established, the parent of an enrichment student
26 may roll over for use in a subsequent year the amount available in the
27 enrichment student's account.
28 (c) The department shall determine conditions under which an
29 enrichment student's account shall terminate. October 1, 2024.
30 SECTION 19. IC 20-52-7 IS REPEALED [EFFECTIVE JULY 1,
31 2024]. (Expiration).
2024 IN 212—LS 6927/DI 154