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 ENROLLED ACT No. 212
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-21-2-4, AS AMENDED BY P.L.100-2012,
SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4. (a) The board shall appoint the chief executive
officer, subject to the approval of the governor. The executive serves
at the pleasure of the board.
(b) The executive appointee must have the following qualifications:
(1) Be an educator with knowledge, skill, and ability in the
appointee's profession.
(2) Have at least five (5) years experience in instruction of
students with visual impairment disabilities.
(3) Have a master's degree or a higher degree.
(4) Meet the qualifications for an Indiana teacher's certificate in
the area of visual impairment disabilities.
(5) (4) Have at least five (5) years experience supervising other
individuals.
(c) The 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. However, the board may 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.
SECTION 2. IC 20-22-3-12 IS ADDED TO THE INDIANA CODE
SEA 212 — Concur 2
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.
SECTION 3. IC 20-26-5-4.3, AS ADDED BY P.L.148-2012,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 4.3. (a) At least seven (7) days Before a contract
for employment is entered into by a governing body and a school
superintendent, the governing body shall hold a public meeting on the
proposed contract at which public comment is heard. The public
meeting may be a regular or special meeting of the governing body.
The governing body is not required to disclose the identity of the
candidate for superintendent at the public meeting.
(b) Notice of the meeting on the proposed contract shall be given in
accordance with IC 5-3-1 and posted on the school corporation's
Internet web site.
(c) The notice provided in subsection (b) must:
(1) state that on a given day, time, and place the governing body
will meet to discuss and hear objections to and support for the
proposed contract; and
(2) set forth the details of the proposed contract, including the
actual monetary value of the contract, benefits, and any additional
forms of compensation for each year of the contract.
(d) A governing body shall post the provisions of an employment
contract that the governing body enters into with a superintendent of
the school corporation on the school corporation's Internet web site.
SECTION 4. IC 20-28-3-3.1, AS ADDED BY P.L.243-2023,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3.1. (a) As used in this section, "teacher
candidate" means an individual recommended for an initial teaching
SEA 212 — Concur 3
license from a teacher preparation program located in Indiana.
(b) As used in this section, "teacher preparation program" includes
the following:
(1) A teacher education school or department.
(2) A transition to teaching program under IC 20-28-4.
(3) Any other entity approved by the department to offer a course
of study leading to an initial teaching license.
(c) As used in this section, "three-cueing model" refers to the
three-cueing model of reading:
(1) that uses visual memory as the primary basis for teaching
word recognition; or
(2) that is based on meaning, structure and syntax, and visual
cues.
(c) (d) The department shall develop guidelines requiring accredited
teacher preparation programs to use curriculum or content that instructs
teacher candidates on the science of reading.
(e) A teacher preparation program shall not use curriculum or
content that is based on the three-cueing model.
(d) (f) Beginning July 1, 2024, the department shall conduct a
review of accredited teacher preparation programs for alignment with
the requirements of subsection (c). subsections (d) and (e).
(e) (g) Upon review by the department under subsection (d), (f), an
accredited teacher preparation program that is not in alignment with the
requirements of subsection (c) subsections (d) and (e) shall be
submitted for a referral under section 1(l) of this chapter.
(f) (h) If an accredited teacher preparation program:
(1) has been submitted for a referral under subsection (e); (g); and
(2) fails to meet the criteria of the improvement plan developed
under section 1(l) of this chapter;
the department shall revoke the teacher preparation program's right to
use the word "accredited".
SECTION 5. IC 20-28-8-6, AS AMENDED BY P.L.155-2020,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 6. (a) A contract entered into by a governing body
and its superintendent is subject to the following conditions:
(1) If the superintendent holds a license under IC 20-28-5, the
basic contract must be in the form of the regular teacher's
contract.
(2) The contract may be altered or rescinded for a new one at any
time by mutual consent of the governing body and the
superintendent. The consent of both parties must be in writing and
must be expressed in a manner consistent with this section and
SEA 212 — Concur 4
section 7 of this chapter.
(3) If the superintendent holds a license under IC 20-28-5, the
rights of a superintendent as a teacher under any other law are not
affected by the contract. However, if a right of a superintendent
as a teacher under any other law conflicts with the conditions
under subsection (b), subsection (b) governs.
(4) For a contract entered into or renewed after June 30, 2017, the
conditions set forth under subsection (b).
(b) This subsection applies to contracts entered into or renewed after
June 30, 2017. A contract entered into by a governing body and its
superintendent is subject to the following conditions:
(1) The contract must be for a term of at least one (1) year and not
more than three (3) years. However, a contract may be extended
for not more than an additional five (5) years beyond the term of
the original contract.
(2) If the contract contains a provision that establishes an amount
the governing body must pay to the superintendent to buy out the
contract, the amount may not be more than an amount equal to the
lesser of:
(A) the superintendent's salary for any one (1) year under the
contract; or
(B) two hundred fifty thousand dollars ($250,000).
A superintendent's salary under clause (A) does not include
benefits or any other forms of compensation that the
superintendent receives as payment under the contract other than
the superintendent's salary.
(c) This subsection applies to a governing body in which at least one
(1) member is two (2) members are elected. After June 30, 2021, a
governing body may not enter into a contract with a superintendent
under this section on or after the date of the election for one (1) two (2)
or more members of the governing body until January 1 of the year
immediately following the year of the election. However, this
subsection does not apply if:
(1) the membership of the governing body does not change as a
result of the particular election; or
(2) only one (1) new member is elected to the governing body.
SECTION 6. IC 20-43-1-22 IS REPEALED [EFFECTIVE JULY 1,
2024]. Sec. 22. "Primetime program" refers to the program established
under IC 20-43-9-1.
SECTION 7. IC 20-43-9 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Primetime Program).
SECTION 8. IC 20-52-3-3, AS ADDED BY P.L.168-2022,
SEA 212 — Concur 5
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) To be considered an enrichment student, the
student must at a minimum:
(1) have experienced learning loss;
(2) have fallen behind in acquiring anticipated grade level
academic skills and knowledge;
(3) have scored below academic standards or average
benchmarks; or
(4) be at risk of falling below academic standards.
However, the department may establish more stringent criteria for
determining eligibility for a grant under this article.
(b) For each school year, the department shall determine, based on
the amount of funds available for the program, the number of grants
that the department will award under the program. The number of
applications approved and the number of grants awarded under this
article by the department for the school year may not exceed the
number determined by the department under this section.
(c) Only federal funds may be used to award grants under this
article. A grant may not be made under this article after funds received
by the department from the Elementary and Secondary School
Emergency Relief Fund (ESSER fund) are exhausted.
SECTION 9. IC 20-52-4-2, AS AMENDED BY P.L.171-2023,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) An enrichment student who currently
maintains an account is entitled to a grant amount, the amount of which
shall be subject to available funding and determined by the department.
The department shall deposit the enrichment grant amount under this
section into an enrichment student's account in a manner established by
the department.
(b) Except as provided in subsection (c), at the end of the year in
which an account is established, the parent of an enrichment student
may roll over for use in a subsequent year the amount available in the
enrichment student's account.
(c) The department shall determine conditions under which an
enrichment student's account shall terminate. October 1, 2024.
SECTION 10. IC 20-52-7 IS REPEALED [EFFECTIVE JULY 1,
2024]. (Expiration).
SECTION 11. An emergency is declared for this act.
SEA 212 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 212 — Concur