*ES0212.1*
February 22, 2024
ENGROSSED
SENATE BILL No. 212
_____
DIGEST OF SB 212 (Updated February 21, 2024 2:32 pm - DI 152)
Citations Affected: IC 20-21; IC 20-22; IC 20-26; 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, subject to approval by the Indiana school for the deaf
board, the Indiana school for the deaf may partner with an existing
(Continued next page)
Effective: Upon passage; July 1, 2024.
Raatz, Rogers, Randolph Lonnie M
(HOUSE SPONSOR — BEHNING)
January 9, 2024, read first time and referred to Committee on Education and Career
Development.
January 25, 2024, amended, reported favorably — Do Pass.
January 29, 2024, read second time, amended, ordered engrossed.
January 30, 2024, engrossed. Read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Education.
February 22, 2024, amended, reported — Do Pass.
ES 212—LS 6927/DI 154 Digest Continued
nonprofit corporation to benefit the purposes of the school. 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 and does not have to happen at least seven days before
the contract is entered into. 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.
Amends the Indiana student enrichment grant program. Repeals
provisions regarding the primetime program.
ES 212—LS 6927/DI 154ES 212—LS 6927/DI 154 February 22, 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. 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
ES 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 20-22-3-12 IS ADDED TO THE INDIANA CODE
7 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
8 UPON PASSAGE]: Sec. 12. Subject to the approval of the board,
9 the school may partner with an existing nonprofit corporation that
10 is exempt from federal income taxation under Section 501(c)(3) of
11 the Internal Revenue Code to benefit the purposes of the school,
12 which may include, but is not limited to, the following actions by
13 the nonprofit corporation:
14 (1) Soliciting and accepting private sector funding, gifts,
15 donations, bequests, devises, and contributions.
16 (2) Promoting public awareness of and support for the
17 purposes of the school.
18 (3) Enhancing the academic, social, and cultural opportunities
19 for students of the school and Indiana children who are deaf
20 or have a hearing disability.
21 (4) Providing outreach and engagement activities to school
22 alumni.
23 SECTION 3. IC 20-26-5-4.3, AS ADDED BY P.L.148-2012,
24 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2024]: Sec. 4.3. (a) At least seven (7) days Before a contract
26 for employment is entered into by a governing body and a school
27 superintendent, the governing body shall hold a public meeting on the
28 proposed contract at which public comment is heard. The public
29 meeting may be a regular or special meeting of the governing body.
30 The governing body is not required to disclose the identity of the
31 candidate for superintendent at the public meeting.
32 (b) Notice of the meeting on the proposed contract shall be given in
33 accordance with IC 5-3-1 and posted on the school corporation's
34 Internet web site.
35 (c) The notice provided in subsection (b) must:
36 (1) state that on a given day, time, and place the governing body
37 will meet to discuss and hear objections to and support for the
38 proposed contract; and
39 (2) set forth the details of the proposed contract, including the
40 actual monetary value of the contract, benefits, and any additional
41 forms of compensation for each year of the contract.
42 (d) A governing body shall post the provisions of an employment
ES 212—LS 6927/DI 154 3
1 contract that the governing body enters into with a superintendent of
2 the school corporation on the school corporation's Internet web site.
3 SECTION 4. IC 20-28-3-3.1, AS ADDED BY P.L.243-2023,
4 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 3.1. (a) As used in this section, "teacher
6 candidate" means an individual recommended for an initial teaching
7 license from a teacher preparation program located in Indiana.
8 (b) As used in this section, "teacher preparation program" includes
9 the following:
10 (1) A teacher education school or department.
11 (2) A transition to teaching program under IC 20-28-4.
12 (3) Any other entity approved by the department to offer a course
13 of study leading to an initial teaching license.
14 (c) As used in this section, "three-cueing model" refers to the
15 three-cueing model of reading:
16 (1) that uses visual memory as the primary basis for teaching
17 word recognition; or
18 (2) that is based on meaning, structure and syntax, and visual
19 cues.
20 (c) (d) The department shall develop guidelines requiring accredited
21 teacher preparation programs to use curriculum or content that instructs
22 teacher candidates on the science of reading.
23 (e) A teacher preparation program shall not use curriculum or
24 content that is based on the three-cueing model.
25 (d) (f) Beginning July 1, 2024, the department shall conduct a
26 review of accredited teacher preparation programs for alignment with
27 the requirements of subsection (c). subsections (d) and (e).
28 (e) (g) Upon review by the department under subsection (d), (f), an
29 accredited teacher preparation program that is not in alignment with the
30 requirements of subsection (c) subsections (d) and (e) shall be
31 submitted for a referral under section 1(l) of this chapter.
32 (f) (h) If an accredited teacher preparation program:
33 (1) has been submitted for a referral under subsection (e); (g); and
34 (2) fails to meet the criteria of the improvement plan developed
35 under section 1(l) of this chapter;
36 the department shall revoke the teacher preparation program's right to
37 use the word "accredited".
38 SECTION 5. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
39 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 6. (a) A contract entered into by a governing body
41 and its superintendent is subject to the following conditions:
42 (1) If the superintendent holds a license under IC 20-28-5, the
ES 212—LS 6927/DI 154 4
1 basic contract must be in the form of the regular teacher's
2 contract.
3 (2) The contract may be altered or rescinded for a new one at any
4 time by mutual consent of the governing body and the
5 superintendent. The consent of both parties must be in writing and
6 must be expressed in a manner consistent with this section and
7 section 7 of this chapter.
8 (3) If the superintendent holds a license under IC 20-28-5, the
9 rights of a superintendent as a teacher under any other law are not
10 affected by the contract. However, if a right of a superintendent
11 as a teacher under any other law conflicts with the conditions
12 under subsection (b), subsection (b) governs.
13 (4) For a contract entered into or renewed after June 30, 2017, the
14 conditions set forth under subsection (b).
15 (b) This subsection applies to contracts entered into or renewed after
16 June 30, 2017. A contract entered into by a governing body and its
17 superintendent is subject to the following conditions:
18 (1) The contract must be for a term of at least one (1) year and not
19 more than three (3) years. However, a contract may be extended
20 for not more than an additional five (5) years beyond the term of
21 the original contract.
22 (2) If the contract contains a provision that establishes an amount
23 the governing body must pay to the superintendent to buy out the
24 contract, the amount may not be more than an amount equal to the
25 lesser of:
26 (A) the superintendent's salary for any one (1) year under the
27 contract; or
28 (B) two hundred fifty thousand dollars ($250,000).
29 A superintendent's salary under clause (A) does not include
30 benefits or any other forms of compensation that the
31 superintendent receives as payment under the contract other than
32 the superintendent's salary.
33 (c) This subsection applies to a governing body in which at least one
34 (1) member is two (2) members are elected. After June 30, 2021, a
35 governing body may not enter into a contract with a superintendent
36 under this section on or after the date of the election for one (1) two (2)
37 or more members of the governing body until January 1 of the year
38 immediately following the year of the election. However, this
39 subsection does not apply if:
40 (1) the membership of the governing body does not change as a
41 result of the particular election; or
42 (2) only one (1) new member is elected to the governing body.
ES 212—LS 6927/DI 154 5
1 SECTION 6. IC 20-32-8.7-5, AS AMENDED BY P.L.171-2023,
2 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 5. (a) The student learning recovery grant program
4 is established to provide grants to an eligible entity for the purpose of
5 providing recovery learning and remediation to students in
6 kindergarten through grade 12 who:
7 (1) have experienced learning loss;
8 (2) have fallen behind in acquiring anticipated grade level
9 academic skills and knowledge;
10 (3) have scored below academic standards or average
11 benchmarks; or
12 (4) are at risk of falling below academic standards.
13 due to the disruption in student education caused by the coronavirus
14 disease (COVID-19) pandemic and insufficient instructional
15 alternatives.
16 (b) The department shall administer the program.
17 (c) The department may award grants to eligible entities under the
18 program. in state fiscal year 2024 and state fiscal year 2025 from funds
19 appropriated during the 2021 regular session of the Indiana general
20 assembly that have not been obligated.
21 SECTION 7. IC 20-32-8.7-7, AS AMENDED BY P.L.171-2023,
22 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2024]: Sec. 7. (a) To be eligible to receive a grant under this
24 chapter, an eligible entity must do the following:
25 (1) Apply on a form and in a manner established by the
26 department.
27 (2) Apply by a date established by the department.
28 (3) Develop and submit to the department a student learning
29 recovery plan that meets the requirements in section 8 of this
30 chapter and any other requirements established by the department.
31 including a requirement that a school corporation or charter
32 school identified in the plan provide a matching grant in an
33 amount determined by the department.
34 (4) Specify the amount requested in the student learning recovery
35 plan submitted by the eligible entity under subdivision (3).
36 (b) If a school corporation or charter school is required to provide
37 a matching grant as part of a student learning recovery plan, the
38 matching grant may only consist of federal funds received by the
39 school corporation or charter school.
40 SECTION 8. IC 20-32-8.7-8, AS AMENDED BY P.L.216-2021,
41 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2024]: Sec. 8. (a) To be eligible to receive a grant under this
ES 212—LS 6927/DI 154 6
1 chapter, an eligible entity must develop and submit to the department
2 a student learning recovery plan to provide recovery learning to
3 students of the eligible entity described in section 5(a) of this chapter.
4 (b) A plan developed under subsection (a) must do the following:
5 (1) Address learning loss associated with the purpose of the
6 program described in section 5(a) of this chapter.
7 (2) Identify metrics to measure learning recovery under the
8 program as well as the proposed measurable and specific
9 improvements to be made to demonstrate learning recovery.
10 (3) Provide for recovery learning to be offered in an in person
11 setting, and may not offer recovery learning in a virtual setting.
12 (4) Include requirements that if the eligible entity receives any
13 federal grants or money for a similar purpose in which the eligible
14 entity is requesting a grant under this chapter, the eligible entity
15 must use the federal grant or money before using any grant money
16 awarded by the department under section 9 of this chapter.
17 SECTION 9. IC 20-32-8.7-13, AS AMENDED BY P.L.171-2023,
18 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 13. (a) Not later than July 1, 2023, and July 1,
20 2024, of each year, the department shall prepare an annual report that
21 includes the following:
22 (1) A list of all of the eligible entities that participated in the
23 program.
24 (2) The amount of the grant awarded to each participating eligible
25 entity.
26 (3) The total amount of grants awarded under this chapter.
27 (b) The department shall submit the report described in subsection
28 (a) to the:
29 (1) governor; and
30 (2) legislative council in an electronic format under IC 5-14-6.
31 SECTION 10. IC 20-32-8.7-15 IS REPEALED [EFFECTIVE JULY
32 1, 2024]. Sec. 15. There is appropriated to the fund one hundred fifty
33 million dollars ($150,000,000) from the state general fund for the
34 purposes of providing grants under this chapter for the state fiscal year
35 beginning July 1, 2020, and ending June 30, 2021. Funds appropriated
36 under this section do not revert to the state general fund and remain
37 available to be spent for purposes of the program.
38 SECTION 11. IC 20-32-8.7-16 IS REPEALED [EFFECTIVE JULY
39 1, 2024]. Sec. 16. This chapter expires July 1, 2025.
40 SECTION 12. IC 20-43-1-22 IS REPEALED [EFFECTIVE JULY
41 1, 2024]. Sec. 22. "Primetime program" refers to the program
42 established under IC 20-43-9-1.
ES 212—LS 6927/DI 154 7
1 SECTION 13. IC 20-43-9 IS REPEALED [EFFECTIVE JULY 1,
2 2024]. (Primetime Program).
3 SECTION 14. IC 20-52-3-3, AS ADDED BY P.L.168-2022,
4 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2024]: Sec. 3. (a) To be considered an enrichment student, the
6 student must at a minimum:
7 (1) have experienced learning loss;
8 (2) have fallen behind in acquiring anticipated grade level
9 academic skills and knowledge;
10 (3) have scored below academic standards or average
11 benchmarks; or
12 (4) be at risk of falling below academic standards.
13 However, the department may establish more stringent criteria for
14 determining eligibility for a grant under this article.
15 (b) For each school year, the department shall determine, based on
16 the amount of funds available for the program, the number of grants
17 that the department will award under the program. The number of
18 applications approved and the number of grants awarded under this
19 article by the department for the school year may not exceed the
20 number determined by the department under this section.
21 (c) Only federal funds may be used to award grants under this
22 article. A grant may not be made under this article after funds received
23 by the department from the Elementary and Secondary School
24 Emergency Relief Fund (ESSER fund) are exhausted.
25 SECTION 15. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
26 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2024]: Sec. 2. (a) An enrichment student who currently
28 maintains an account is entitled to a grant amount, the amount of which
29 shall be subject to available funding and determined by the department.
30 The department shall deposit the enrichment grant amount under this
31 section into an enrichment student's account in a manner established by
32 the department.
33 (b) Except as provided in subsection (c), at the end of the year in
34 which an account is established, the parent of an enrichment student
35 may roll over for use in a subsequent year the amount available in the
36 enrichment student's account.
37 (c) The department shall determine conditions under which an
38 enrichment student's account shall terminate. October 1, 2024.
39 SECTION 16. IC 20-52-7 IS REPEALED [EFFECTIVE JULY 1,
40 2024]. (Expiration).
41 SECTION 17. An emergency is declared for this act.
ES 212—LS 6927/DI 154 8
COMMITTEE REPORT
Madam President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 212, 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, delete lines 6 through 40, begin a new paragraph and insert:
"SECTION 2. IC 20-22-3-12 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 12. Subject to the approval of the board,
the school may partner with an existing nonprofit corporation that
is exempt from federal income taxation under Section 501(c)(3) of
the Internal Revenue Code to benefit the purposes of the school,
which may include, but is not limited to, the following actions by
the nonprofit corporation:
(1) Soliciting and accepting private sector funding, gifts,
donations, bequests, devises, and contributions.
(2) Promoting public awareness of and support for the
purposes of the school.
(3) Enhancing the academic, social, and cultural opportunities
for students of the school and Indiana children who are deaf
or have a hearing disability.
(4) Providing outreach and engagement activities to school
alumni.".
Page 8, after line 31, begin a new paragraph and insert:
"SECTION 19. An emergency is declared for this act.".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 212 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 10, Nays 0.
_____
SENATE MOTION
Madam President: I move that Senate Bill 212 be amended to read
as follows:
Page 2, line 25, strike "At least seven (7) days".
ES 212—LS 6927/DI 154 9
Page 2, line 25, delete "before" and insert "Before".
(Reference is to SB 212 as printed January 26, 2024.)
RAATZ
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 212, 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 5, delete lines 1 through 15.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 212 as reprinted January 30, 2024.)
BEHNING
Committee Vote: yeas 11, nays 0.
ES 212—LS 6927/DI 154