Indiana House Bill HB1002 Engrossed / Bill

                    *HB1002.2*
Reprinted
January 31, 2025
HOUSE BILL No. 1002
_____
DIGEST OF HB 1002 (Updated January 30, 2025 12:59 pm - DI 110)
Citations Affected: IC 6-1.1; IC 6-3; IC 8-1; IC 10-19; IC 10-21;
IC 12-17.2; IC 20-18; IC 20-19; IC 20-20; IC 20-24; IC 20-24.2;
IC 20-24.5; IC 20-25; IC 20-26; IC 20-26.5; IC 20-27; IC 20-28;
IC 20-30; IC 20-31; IC 20-32; IC 20-33; IC 20-34; IC 20-35; IC 20-36;
IC 20-37; IC 20-39; IC 20-40; IC 20-42; IC 20-42.5; IC 20-43;
IC 20-44; IC 20-45; IC 20-46; IC 20-51; IC 20-52; IC 31-36; IC 34-30.
Synopsis:  Various education matters. Removes and repeals various
education provisions and expired education provisions, including
provisions concerning the following: (1) Secretary of education criteria.
(2) Certain department of education (department) requirements. (3)
The advisory committee on career and technical education. (4) Use of
hearing examiners by the state board of education (state board). (5)
Credit for retaking a virtual course during certain time periods. (6)
Family friendly school designations. (7) The Indiana civic education
commission. (8) Discretionary directives to the department. (9) The
program for the advancement of math and science. (10) Access to
telecommunication services. (11) Elementary school counselors, social
workers, and school psychologists program and fund. (12) Grants for
mental health counselor licenses for school counselors. (13) The arts 
(Continued next page)
Effective:  July 1, 2025.
Behning, Teshka, Smith H, Jordan
January 13, 2025, read first time and referred to Committee on Education.
January 27, 2025, amended, reported — Do Pass.
January 30, 2025, read second time, amended, ordered engrossed.
HB 1002—LS 7340/DI 110 Digest Continued
education program. (14) The geothermal conversion revolving fund.
(15) Clause requirements for certain charter school organizer
documents. (16) Required acknowledgment by a current authorizer
regarding a proposal by an existing charter school to another
authorizer. (17) Requirements regarding a governing body of school
corporation (governing body) providing a noncharter school. (18)
Charter requirements, including minimum year, instruction, course, and
annual performance target requirements. (19) Certain notice
requirements from an authorizer to an organizer that is not in
compliance. (20) Certain nondiscrimination and acceptance of credit
requirements regarding a public noncharter school. (21) Indiana school
for the arts. (22) Allowing the board of trustees of Vincennes
University to establish a grammar school. (23) Designation of certain
committees by a governing body. (24) Governing body use of funds for
associations. (25) Required policies on contacting employment
references. (26) Developing and reviewing evidence based plans with
parents for improving student behavior and discipline. (27)
Requirements and limitations regarding remediation programs. (28)
Township trustees and the sale of schoolhouses. (29) School health
advisory councils and adoption of a school corporation policy on child
nutrition and physical activity. (30) Certain agreement requirements
regarding joint programs. (31) Certain requirements regarding the
transfer of a student to another school. (32) Freeway school corporation
and freeway school program. (33) Policies, programs, and reports
regarding criminal organization activity. (34) Revocation of coalition
of continuous improvement school corporation's membership. (35)
Transportation program discretion. (36) Recommendations regarding
certain powers and duties of the department. (37) Certain training and
professional development requirements. (38) Certain teacher leave
requirements. (39) Ineligibility for state funds for adopting residence
requirements. (40) Certain compensation included in computing
teacher's retirement benefit. (41) Penalty for failing to comply with
working schedule requirements. (42) Discretionary modification of
graduation plan. (43) Required course on safety education. (44)
Compilation of leaflets regarding hygiene, sanitary science, and disease
prevention. (45) Making a violation regarding teaching certain disease
information an infraction. (46) Certain elective courses and teachings.
(47) Voluntary summer school program and joint summer school
program requirements. (48) Technology preparation curriculum. (49)
Community or volunteer service programs. (50) Nonsession school
activities. (51) Requirements regarding Indiana academic standards.
(52) Strategic and continuous improvement and achievement plans.
(53) Cultural competency components of a school plan. (54) Student
educational achievement grants. (55) Remediation grant program. (56)
Postsecondary workforce training program remediation reduction. (57)
Requirement to provide an enrollment form for the twenty-first century
scholars program to certain students. (58) Governor's scholars
academy. (59) Seminary township school fund. (60) Dual credit teacher
stipend matching grant fund. (61) Student enrichment grants. (62)
Required submission of economic interest information at the time a
charter school organizer submits a proposal for a charter school.
Merges and amends provisions regarding fund distribution upon the
termination of a charter and the cessation of a charter school. Amends
the age eligibility for a member of a governing body. Amends the time
period by which a governing body must organize by electing officers.
Establishes information that must be included in a consolidated audit
by an organizer. Provides adult high schools are excluded from all
cohort based graduation rate calculations except to the extent required
under federal law. Amends the termination and notice requirements
with regard to terminating a transportation program. Relocates and
amends a provision regarding trauma informed classroom instruction
curriculum in teacher preparation programs. Provides that the secretary
(Continued next page)
HB 1002—LS 7340/DI 110HB 1002—LS 7340/DI 110 Digest Continued
of education (instead of the governor) shall appoint the director of
special education. Amends required frequency of child abuse and
neglect training. Amends certain financial statement filing
requirements regarding school trusts to pool assets for insurance
coverage. Makes technical and conforming changes.
HB 1002—LS 7340/DI 110HB 1002—LS 7340/DI 110  Reprinted
January 31, 2025
First Regular Session of the 124th General Assembly (2025)
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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1002
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 6-1.1-18-34, AS ADDED BY P.L.236-2023,
2 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 34. (a) Except as otherwise provided in this
4 section, this section:
5 (1) does not apply until the expiration of IC 20-45-8 under
6 IC 20-45-8-29(a); IC 20-45-8-29; and
7 (2) upon the expiration of IC 20-45-8 under IC 20-45-8-29(a),
8 IC 20-45-8-29, applies only to a school corporation that has under
9 its jurisdiction any territory located in Dearborn County.
10 (b) Subject to subsection (c), the superintendent of a school
11 corporation may, after approval by the governing body of the school
12 corporation, and before September 1 of the year immediately preceding
13 the expiration of IC 20-45-8, submit a petition to the department of
14 local government finance requesting an increase in the school
15 corporation's maximum permissible ad valorem property tax levy under
HB 1002—LS 7340/DI 110 2
1 IC 20-46-8-1 for its operations fund for property taxes first due and
2 payable in the year after the expiration of IC 20-45-8.
3 (c) Before the governing body of the school corporation may
4 approve a petition under subsection (b), the governing body of the
5 school corporation must hold a public hearing on the petition. The
6 governing body of the school corporation shall give notice of the public
7 hearing under IC 5-3-1. At the public hearing, the governing body of
8 the school corporation shall make available to the public the following:
9 (1) A fiscal plan describing the need for the increase to the levy
10 and the expenditures for which the revenue generated from the
11 increase to the levy will be used.
12 (2) A statement that the proposed increase will be a permanent
13 increase to the school corporation's maximum permissible ad
14 valorem property tax levy under IC 20-46-8-1 for its operations
15 fund.
16 (3) The estimated effect of the proposed increase on taxpayers.
17 (4) The anticipated property tax rates and levies for property taxes
18 first due and payable in the year after the expiration of
19 IC 20-45-8.
20 After the governing body of the school corporation approves the
21 petition, the school corporation shall immediately notify the other civil
22 taxing units and school corporations in the county that are located in a
23 taxing district where the school corporation is also located.
24 (d) If the superintendent of a school corporation submits a petition
25 under subsection (b), the department of local government finance shall
26 increase the school corporation's maximum permissible ad valorem
27 property tax levy under IC 20-46-8-1 for the operations fund for
28 property taxes first due and payable in the year after the expiration of
29 IC 20-45-8 by the amount of the distribution that the school corporation
30 received in the year immediately preceding the expiration of
31 IC 20-45-8, as determined by the department of local government
32 finance.
33 (e) The school corporation's maximum permissible ad valorem
34 property tax levy for property taxes first due and payable in the year
35 after the expiration of IC 20-45-8, as adjusted under this section, shall
36 be used in the determination of the school corporation's maximum
37 permissible ad valorem property tax levy under IC 6-1.1-18.5 for
38 property taxes first due and payable in the year following the year after
39 the expiration of IC 20-45-8 and thereafter.
40 SECTION 2. IC 6-3-1-3.5, AS AMENDED BY P.L.9-2024,
41 SECTION 185, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. When used in this article, the
HB 1002—LS 7340/DI 110 3
1 term "adjusted gross income" shall mean the following:
2 (a) In the case of all individuals, "adjusted gross income" (as
3 defined in Section 62 of the Internal Revenue Code), modified as
4 follows:
5 (1) Subtract income that is exempt from taxation under this article
6 by the Constitution and statutes of the United States.
7 (2) Except as provided in subsection (c), add an amount equal to
8 any deduction or deductions allowed or allowable pursuant to
9 Section 62 of the Internal Revenue Code for taxes based on or
10 measured by income and levied at the state level by any state of
11 the United States.
12 (3) Subtract one thousand dollars ($1,000), or in the case of a
13 joint return filed by a husband and wife, subtract for each spouse
14 one thousand dollars ($1,000).
15 (4) Subtract one thousand dollars ($1,000) for:
16 (A) each of the exemptions provided by Section 151(c) of the
17 Internal Revenue Code (as effective January 1, 2017);
18 (B) each additional amount allowable under Section 63(f) of
19 the Internal Revenue Code; and
20 (C) the spouse of the taxpayer if a separate return is made by
21 the taxpayer and if the spouse, for the calendar year in which
22 the taxable year of the taxpayer begins, has no gross income
23 and is not the dependent of another taxpayer.
24 (5) Subtract each of the following:
25 (A) One thousand five hundred dollars ($1,500) for each of the
26 exemptions allowed under Section 151(c)(1)(B) of the Internal
27 Revenue Code (as effective January 1, 2004), except that in
28 the first taxable year in which a particular exemption is
29 allowed under Section 151(c)(1)(B) of the Internal Revenue
30 Code (as effective January 1, 2004), subtract three thousand
31 dollars ($3,000) for that exemption.
32 (B) One thousand five hundred dollars ($1,500) for each
33 exemption allowed under Section 151(c) of the Internal
34 Revenue Code (as effective January 1, 2017) for an individual:
35 (i) who is less than nineteen (19) years of age or is a
36 full-time student who is less than twenty-four (24) years of
37 age;
38 (ii) for whom the taxpayer is the legal guardian; and
39 (iii) for whom the taxpayer does not claim an exemption
40 under clause (A).
41 (C) Five hundred dollars ($500) for each additional amount
42 allowable under Section 63(f)(1) of the Internal Revenue Code
HB 1002—LS 7340/DI 110 4
1 if the federal adjusted gross income of the taxpayer, or the
2 taxpayer and the taxpayer's spouse in the case of a joint return,
3 is less than forty thousand dollars ($40,000). In the case of a
4 married individual filing a separate return, the qualifying
5 income amount in this clause is equal to twenty thousand
6 dollars ($20,000).
7 (D) Three thousand dollars ($3,000) for each exemption
8 allowed under Section 151(c) of the Internal Revenue Code (as
9 effective January 1, 2017) for an individual who is:
10 (i) an adopted child of the taxpayer; and
11 (ii) less than nineteen (19) years of age or is a full-time
12 student who is less than twenty-four (24) years of age.
13 This amount is in addition to any amount subtracted under
14 clause (A) or (B).
15 This amount is in addition to the amount subtracted under
16 subdivision (4).
17 (6) Subtract any amounts included in federal adjusted gross
18 income under Section 111 of the Internal Revenue Code as a
19 recovery of items previously deducted as an itemized deduction
20 from adjusted gross income.
21 (7) Subtract any amounts included in federal adjusted gross
22 income under the Internal Revenue Code which amounts were
23 received by the individual as supplemental railroad retirement
24 annuities under 45 U.S.C. 231 and which are not deductible under
25 subdivision (1).
26 (8) Subtract an amount equal to the amount of federal Social
27 Security and Railroad Retirement benefits included in a taxpayer's
28 federal gross income by Section 86 of the Internal Revenue Code.
29 (9) In the case of a nonresident taxpayer or a resident taxpayer
30 residing in Indiana for a period of less than the taxpayer's entire
31 taxable year, the total amount of the deductions allowed pursuant
32 to subdivisions (3), (4), and (5) shall be reduced to an amount
33 which bears the same ratio to the total as the taxpayer's income
34 taxable in Indiana bears to the taxpayer's total income.
35 (10) In the case of an individual who is a recipient of assistance
36 under IC 12-10-6-1, IC 12-10-6-2.1, IC 12-15-2-2, or IC 12-15-7,
37 subtract an amount equal to that portion of the individual's
38 adjusted gross income with respect to which the individual is not
39 allowed under federal law to retain an amount to pay state and
40 local income taxes.
41 (11) In the case of an eligible individual, subtract the amount of
42 a Holocaust victim's settlement payment included in the
HB 1002—LS 7340/DI 110 5
1 individual's federal adjusted gross income.
2 (12) Subtract an amount equal to the portion of any premiums
3 paid during the taxable year by the taxpayer for a qualified long
4 term care policy (as defined in IC 12-15-39.6-5) for the taxpayer
5 or the taxpayer's spouse if the taxpayer and the taxpayer's spouse
6 file a joint income tax return or the taxpayer is otherwise entitled
7 to a deduction under this subdivision for the taxpayer's spouse, or
8 both.
9 (13) Subtract an amount equal to the lesser of:
10 (A) two thousand five hundred dollars ($2,500), or one
11 thousand two hundred fifty dollars ($1,250) in the case of a
12 married individual filing a separate return; or
13 (B) the amount of property taxes that are paid during the
14 taxable year in Indiana by the individual on the individual's
15 principal place of residence.
16 (14) Subtract an amount equal to the amount of a September 11
17 terrorist attack settlement payment included in the individual's
18 federal adjusted gross income.
19 (15) Add or subtract the amount necessary to make the adjusted
20 gross income of any taxpayer that owns property for which bonus
21 depreciation was allowed in the current taxable year or in an
22 earlier taxable year equal to the amount of adjusted gross income
23 that would have been computed had an election not been made
24 under Section 168(k) of the Internal Revenue Code to apply bonus
25 depreciation to the property in the year that it was placed in
26 service.
27 (16) Add an amount equal to any deduction allowed under
28 Section 172 of the Internal Revenue Code (concerning net
29 operating losses).
30 (17) Add or subtract the amount necessary to make the adjusted
31 gross income of any taxpayer that placed Section 179 property (as
32 defined in Section 179 of the Internal Revenue Code) in service
33 in the current taxable year or in an earlier taxable year equal to
34 the amount of adjusted gross income that would have been
35 computed had an election for federal income tax purposes not
36 been made for the year in which the property was placed in
37 service to take deductions under Section 179 of the Internal
38 Revenue Code in a total amount exceeding the sum of:
39 (A) twenty-five thousand dollars ($25,000) to the extent
40 deductions under Section 179 of the Internal Revenue Code
41 were not elected as provided in clause (B); and
42 (B) for taxable years beginning after December 31, 2017, the
HB 1002—LS 7340/DI 110 6
1 deductions elected under Section 179 of the Internal Revenue
2 Code on property acquired in an exchange if:
3 (i) the exchange would have been eligible for
4 nonrecognition of gain or loss under Section 1031 of the
5 Internal Revenue Code in effect on January 1, 2017;
6 (ii) the exchange is not eligible for nonrecognition of gain or
7 loss under Section 1031 of the Internal Revenue Code; and
8 (iii) the taxpayer made an election to take deductions under
9 Section 179 of the Internal Revenue Code with regard to the
10 acquired property in the year that the property was placed
11 into service.
12 The amount of deductions allowable for an item of property
13 under this clause may not exceed the amount of adjusted gross
14 income realized on the property that would have been deferred
15 under the Internal Revenue Code in effect on January 1, 2017.
16 (18) Subtract an amount equal to the amount of the taxpayer's
17 qualified military income that was not excluded from the
18 taxpayer's gross income for federal income tax purposes under
19 Section 112 of the Internal Revenue Code.
20 (19) Subtract income that is:
21 (A) exempt from taxation under IC 6-3-2-21.7 (certain income
22 derived from patents); and
23 (B) included in the individual's federal adjusted gross income
24 under the Internal Revenue Code.
25 (20) Add an amount equal to any income not included in gross
26 income as a result of the deferral of income arising from business
27 indebtedness discharged in connection with the reacquisition after
28 December 31, 2008, and before January 1, 2011, of an applicable
29 debt instrument, as provided in Section 108(i) of the Internal
30 Revenue Code. Subtract the amount necessary from the adjusted
31 gross income of any taxpayer that added an amount to adjusted
32 gross income in a previous year to offset the amount included in
33 federal gross income as a result of the deferral of income arising
34 from business indebtedness discharged in connection with the
35 reacquisition after December 31, 2008, and before January 1,
36 2011, of an applicable debt instrument, as provided in Section
37 108(i) of the Internal Revenue Code.
38 (21) Add the amount excluded from federal gross income under
39 Section 103 of the Internal Revenue Code for interest received on
40 an obligation of a state other than Indiana, or a political
41 subdivision of such a state, that is acquired by the taxpayer after
42 December 31, 2011. For purposes of this subdivision:
HB 1002—LS 7340/DI 110 7
1 (A) if the taxpayer receives interest from a pass through entity,
2 a regulated investment company, a hedge fund, or similar
3 arrangement, the taxpayer will be considered to have acquired
4 the obligation on the date the entity acquired the obligation;
5 (B) if ownership of the obligation occurs by means other than
6 a purchase, the date of acquisition of the obligation shall be
7 the date ownership of the obligation was transferred, except to
8 the extent provided in clause (A), and if a portion of the
9 obligation is acquired on multiple dates, the date of acquisition
10 shall be considered separately for each portion of the
11 obligation; and
12 (C) if ownership of the obligation occurred as the result of a
13 refinancing of another obligation, the acquisition date shall be
14 the date on which the obligation was refinanced.
15 (22) Subtract an amount as described in Section 1341(a)(2) of the
16 Internal Revenue Code to the extent, if any, that the amount was
17 previously included in the taxpayer's adjusted gross income for a
18 prior taxable year.
19 (23) For taxable years beginning after December 25, 2016, add an
20 amount equal to the deduction for deferred foreign income that
21 was claimed by the taxpayer for the taxable year under Section
22 965(c) of the Internal Revenue Code.
23 (24) Subtract any interest expense paid or accrued in the current
24 taxable year but not deducted as a result of the limitation imposed
25 under Section 163(j)(1) of the Internal Revenue Code. Add any
26 interest expense paid or accrued in a previous taxable year but
27 allowed as a deduction under Section 163 of the Internal Revenue
28 Code in the current taxable year. For purposes of this subdivision,
29 an interest expense is considered paid or accrued only in the first
30 taxable year the deduction would have been allowable under
31 Section 163 of the Internal Revenue Code if the limitation under
32 Section 163(j)(1) of the Internal Revenue Code did not exist.
33 (25) Subtract the amount that would have been excluded from
34 gross income but for the enactment of Section 118(b)(2) of the
35 Internal Revenue Code for taxable years ending after December
36 22, 2017.
37 (26) For taxable years beginning after December 31, 2019, and
38 before January 1, 2021, add an amount of the deduction claimed
39 under Section 62(a)(22) of the Internal Revenue Code.
40 (27) For taxable years beginning after December 31, 2019, for
41 payments made by an employer under an education assistance
42 program after March 27, 2020:
HB 1002—LS 7340/DI 110 8
1 (A) add the amount of payments by an employer that are
2 excluded from the taxpayer's federal gross income under
3 Section 127(c)(1)(B) of the Internal Revenue Code; and
4 (B) deduct the interest allowable under Section 221 of the
5 Internal Revenue Code, if the disallowance under Section
6 221(e)(1) of the Internal Revenue Code did not apply to the
7 payments described in clause (A). For purposes of applying
8 Section 221(b) of the Internal Revenue Code to the amount
9 allowable under this clause, the amount under clause (A) shall
10 not be added to adjusted gross income.
11 (28) Add an amount equal to the remainder of:
12 (A) the amount allowable as a deduction under Section 274(n)
13 of the Internal Revenue Code; minus
14 (B) the amount otherwise allowable as a deduction under
15 Section 274(n) of the Internal Revenue Code, if Section
16 274(n)(2)(D) of the Internal Revenue Code was not in effect
17 for amounts paid or incurred after December 31, 2020.
18 (29) For taxable years beginning after December 31, 2017, and
19 before January 1, 2021, add an amount equal to the excess
20 business loss of the taxpayer as defined in Section 461(l)(3) of the
21 Internal Revenue Code. In addition:
22 (A) If a taxpayer has an excess business loss under this
23 subdivision and also has modifications under subdivisions (15)
24 and (17) for property placed in service during the taxable year,
25 the taxpayer shall treat a portion of the taxable year
26 modifications for that property as occurring in the taxable year
27 the property is placed in service and a portion of the
28 modifications as occurring in the immediately following
29 taxable year.
30 (B) The portion of the modifications under subdivisions (15)
31 and (17) for property placed in service during the taxable year
32 treated as occurring in the taxable year in which the property
33 is placed in service equals:
34 (i) the modification for the property otherwise determined
35 under this section; minus
36 (ii) the excess business loss disallowed under this
37 subdivision;
38 but not less than zero (0).
39 (C) The portion of the modifications under subdivisions (15)
40 and (17) for property placed in service during the taxable year
41 treated as occurring in the taxable year immediately following
42 the taxable year in which the property is placed in service
HB 1002—LS 7340/DI 110 9
1 equals the modification for the property otherwise determined
2 under this section minus the amount in clause (B).
3 (D) Any reallocation of modifications between taxable years
4 under clauses (B) and (C) shall be first allocated to the
5 modification under subdivision (15), then to the modification
6 under subdivision (17).
7 (30) Add an amount equal to the amount excluded from federal
8 gross income under Section 108(f)(5) of the Internal Revenue
9 Code. For purposes of this subdivision:
10 (A) if an amount excluded under Section 108(f)(5) of the
11 Internal Revenue Code would be excludible under Section
12 108(a)(1)(B) of the Internal Revenue Code, the exclusion
13 under Section 108(a)(1)(B) of the Internal Revenue Code shall
14 take precedence; and
15 (B) if an amount would have been excludible under Section
16 108(f)(5) of the Internal Revenue Code as in effect on January
17 1, 2020, the amount is not required to be added back under this
18 subdivision.
19 (31) For taxable years ending after March 12, 2020, subtract an
20 amount equal to the deduction disallowed pursuant to:
21 (A) Section 2301(e) of the CARES Act (Public Law 116-136),
22 as modified by Sections 206 and 207 of the Taxpayer Certainty
23 and Disaster Relief Tax Act (Division EE of Public Law
24 116-260); and
25 (B) Section 3134(e) of the Internal Revenue Code.
26 (32) Subtract the amount of an ESA annual grant amount and, as
27 applicable, a CSA annual grant amount distributed to a taxpayer's
28 Indiana education scholarship account under IC 20-51.4 that is
29 used for an ESA or CSA qualified expense (as defined in
30 IC 20-51.4-2) or to an Indiana enrichment scholarship account
31 under IC 20-52 that is used for qualified expenses (as defined in
32 IC 20-52-2-6), to the extent the distribution used for the qualified
33 expense is included in the taxpayer's federal adjusted gross
34 income under the Internal Revenue Code.
35 (33) For taxable years beginning after December 31, 2019, and
36 before January 1, 2021, add an amount equal to the amount of
37 unemployment compensation excluded from federal gross income
38 under Section 85(c) of the Internal Revenue Code.
39 (34) For taxable years beginning after December 31, 2022,
40 subtract an amount equal to the deduction disallowed under
41 Section 280C(h) of the Internal Revenue Code.
42 (35) For taxable years beginning after December 31, 2021, add or
HB 1002—LS 7340/DI 110 10
1 subtract amounts related to specified research or experimental
2 procedures as required under IC 6-3-2-29.
3 (36) Subtract any other amounts the taxpayer is entitled to deduct
4 under IC 6-3-2.
5 (37) Subtract the amount of a CSA annual grant amount
6 distributed to a taxpayer's career scholarship account under
7 IC 20-51.4-4.5 that is used for a CSA qualified expense (as
8 defined in IC 20-51.4-2-3.8), to the extent the distribution used
9 for the CSA qualified expense is included in the taxpayer's federal
10 adjusted gross income under the Internal Revenue Code.
11 (b) In the case of corporations, the same as "taxable income" (as
12 defined in Section 63 of the Internal Revenue Code) adjusted as
13 follows:
14 (1) Subtract income that is exempt from taxation under this article
15 by the Constitution and statutes of the United States.
16 (2) Add an amount equal to any deduction or deductions allowed
17 or allowable pursuant to Section 170 of the Internal Revenue
18 Code (concerning charitable contributions).
19 (3) Except as provided in subsection (c), add an amount equal to
20 any deduction or deductions allowed or allowable pursuant to
21 Section 63 of the Internal Revenue Code for taxes based on or
22 measured by income and levied at the state level by any state of
23 the United States.
24 (4) Subtract an amount equal to the amount included in the
25 corporation's taxable income under Section 78 of the Internal
26 Revenue Code (concerning foreign tax credits).
27 (5) Add or subtract the amount necessary to make the adjusted
28 gross income of any taxpayer that owns property for which bonus
29 depreciation was allowed in the current taxable year or in an
30 earlier taxable year equal to the amount of adjusted gross income
31 that would have been computed had an election not been made
32 under Section 168(k) of the Internal Revenue Code to apply bonus
33 depreciation to the property in the year that it was placed in
34 service.
35 (6) Add an amount equal to any deduction allowed under Section
36 172 of the Internal Revenue Code (concerning net operating
37 losses).
38 (7) Add or subtract the amount necessary to make the adjusted
39 gross income of any taxpayer that placed Section 179 property (as
40 defined in Section 179 of the Internal Revenue Code) in service
41 in the current taxable year or in an earlier taxable year equal to
42 the amount of adjusted gross income that would have been
HB 1002—LS 7340/DI 110 11
1 computed had an election for federal income tax purposes not
2 been made for the year in which the property was placed in
3 service to take deductions under Section 179 of the Internal
4 Revenue Code in a total amount exceeding the sum of:
5 (A) twenty-five thousand dollars ($25,000) to the extent
6 deductions under Section 179 of the Internal Revenue Code
7 were not elected as provided in clause (B); and
8 (B) for taxable years beginning after December 31, 2017, the
9 deductions elected under Section 179 of the Internal Revenue
10 Code on property acquired in an exchange if:
11 (i) the exchange would have been eligible for
12 nonrecognition of gain or loss under Section 1031 of the
13 Internal Revenue Code in effect on January 1, 2017;
14 (ii) the exchange is not eligible for nonrecognition of gain or
15 loss under Section 1031 of the Internal Revenue Code; and
16 (iii) the taxpayer made an election to take deductions under
17 Section 179 of the Internal Revenue Code with regard to the
18 acquired property in the year that the property was placed
19 into service.
20 The amount of deductions allowable for an item of property
21 under this clause may not exceed the amount of adjusted gross
22 income realized on the property that would have been deferred
23 under the Internal Revenue Code in effect on January 1, 2017.
24 (8) Add to the extent required by IC 6-3-2-20:
25 (A) the amount of intangible expenses (as defined in
26 IC 6-3-2-20) for the taxable year that reduced the corporation's
27 taxable income (as defined in Section 63 of the Internal
28 Revenue Code) for federal income tax purposes; and
29 (B) any directly related interest expenses (as defined in
30 IC 6-3-2-20) that reduced the corporation's adjusted gross
31 income (determined without regard to this subdivision). For
32 purposes of this clause, any directly related interest expense
33 that constitutes business interest within the meaning of Section
34 163(j) of the Internal Revenue Code shall be considered to
35 have reduced the taxpayer's federal taxable income only in the
36 first taxable year in which the deduction otherwise would have
37 been allowable under Section 163 of the Internal Revenue
38 Code if the limitation under Section 163(j)(1) of the Internal
39 Revenue Code did not exist.
40 (9) Add an amount equal to any deduction for dividends paid (as
41 defined in Section 561 of the Internal Revenue Code) to
42 shareholders of a captive real estate investment trust (as defined
HB 1002—LS 7340/DI 110 12
1 in section 34.5 of this chapter).
2 (10) Subtract income that is:
3 (A) exempt from taxation under IC 6-3-2-21.7 (certain income
4 derived from patents); and
5 (B) included in the corporation's taxable income under the
6 Internal Revenue Code.
7 (11) Add an amount equal to any income not included in gross
8 income as a result of the deferral of income arising from business
9 indebtedness discharged in connection with the reacquisition after
10 December 31, 2008, and before January 1, 2011, of an applicable
11 debt instrument, as provided in Section 108(i) of the Internal
12 Revenue Code. Subtract from the adjusted gross income of any
13 taxpayer that added an amount to adjusted gross income in a
14 previous year the amount necessary to offset the amount included
15 in federal gross income as a result of the deferral of income
16 arising from business indebtedness discharged in connection with
17 the reacquisition after December 31, 2008, and before January 1,
18 2011, of an applicable debt instrument, as provided in Section
19 108(i) of the Internal Revenue Code.
20 (12) Add the amount excluded from federal gross income under
21 Section 103 of the Internal Revenue Code for interest received on
22 an obligation of a state other than Indiana, or a political
23 subdivision of such a state, that is acquired by the taxpayer after
24 December 31, 2011. For purposes of this subdivision:
25 (A) if the taxpayer receives interest from a pass through entity,
26 a regulated investment company, a hedge fund, or similar
27 arrangement, the taxpayer will be considered to have acquired
28 the obligation on the date the entity acquired the obligation;
29 (B) if ownership of the obligation occurs by means other than
30 a purchase, the date of acquisition of the obligation shall be
31 the date ownership of the obligation was transferred, except to
32 the extent provided in clause (A), and if a portion of the
33 obligation is acquired on multiple dates, the date of acquisition
34 shall be considered separately for each portion of the
35 obligation; and
36 (C) if ownership of the obligation occurred as the result of a
37 refinancing of another obligation, the acquisition date shall be
38 the date on which the obligation was refinanced.
39 (13) For taxable years beginning after December 25, 2016:
40 (A) for a corporation other than a real estate investment trust,
41 add:
42 (i) an amount equal to the amount reported by the taxpayer
HB 1002—LS 7340/DI 110 13
1 on IRC 965 Transition Tax Statement, line 1; or
2 (ii) if the taxpayer deducted an amount under Section 965(c)
3 of the Internal Revenue Code in determining the taxpayer's
4 taxable income for purposes of the federal income tax, the
5 amount deducted under Section 965(c) of the Internal
6 Revenue Code; and
7 (B) for a real estate investment trust, add an amount equal to
8 the deduction for deferred foreign income that was claimed by
9 the taxpayer for the taxable year under Section 965(c) of the
10 Internal Revenue Code, but only to the extent that the taxpayer
11 included income pursuant to Section 965 of the Internal
12 Revenue Code in its taxable income for federal income tax
13 purposes or is required to add back dividends paid under
14 subdivision (9).
15 (14) Add an amount equal to the deduction that was claimed by
16 the taxpayer for the taxable year under Section 250(a)(1)(B) of the
17 Internal Revenue Code (attributable to global intangible
18 low-taxed income). The taxpayer shall separately specify the
19 amount of the reduction under Section 250(a)(1)(B)(i) of the
20 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
21 Internal Revenue Code.
22 (15) Subtract any interest expense paid or accrued in the current
23 taxable year but not deducted as a result of the limitation imposed
24 under Section 163(j)(1) of the Internal Revenue Code. Add any
25 interest expense paid or accrued in a previous taxable year but
26 allowed as a deduction under Section 163 of the Internal Revenue
27 Code in the current taxable year. For purposes of this subdivision,
28 an interest expense is considered paid or accrued only in the first
29 taxable year the deduction would have been allowable under
30 Section 163 of the Internal Revenue Code if the limitation under
31 Section 163(j)(1) of the Internal Revenue Code did not exist.
32 (16) Subtract the amount that would have been excluded from
33 gross income but for the enactment of Section 118(b)(2) of the
34 Internal Revenue Code for taxable years ending after December
35 22, 2017.
36 (17) Add an amount equal to the remainder of:
37 (A) the amount allowable as a deduction under Section 274(n)
38 of the Internal Revenue Code; minus
39 (B) the amount otherwise allowable as a deduction under
40 Section 274(n) of the Internal Revenue Code, if Section
41 274(n)(2)(D) of the Internal Revenue Code was not in effect
42 for amounts paid or incurred after December 31, 2020.
HB 1002—LS 7340/DI 110 14
1 (18) For taxable years ending after March 12, 2020, subtract an
2 amount equal to the deduction disallowed pursuant to:
3 (A) Section 2301(e) of the CARES Act (Public Law 116-136),
4 as modified by Sections 206 and 207 of the Taxpayer Certainty
5 and Disaster Relief Tax Act (Division EE of Public Law
6 116-260); and
7 (B) Section 3134(e) of the Internal Revenue Code.
8 (19) For taxable years beginning after December 31, 2022,
9 subtract an amount equal to the deduction disallowed under
10 Section 280C(h) of the Internal Revenue Code.
11 (20) For taxable years beginning after December 31, 2021,
12 subtract the amount of any:
13 (A) federal, state, or local grant received by the taxpayer; and
14 (B) discharged federal, state, or local indebtedness incurred by
15 the taxpayer;
16 for purposes of providing or expanding access to broadband
17 service in this state.
18 (21) For taxable years beginning after December 31, 2021, add or
19 subtract amounts related to specified research or experimental
20 procedures as required under IC 6-3-2-29.
21 (22) Add or subtract any other amounts the taxpayer is:
22 (A) required to add or subtract; or
23 (B) entitled to deduct;
24 under IC 6-3-2.
25 (c) The following apply to taxable years beginning after December
26 31, 2018, for purposes of the add back of any deduction allowed on the
27 taxpayer's federal income tax return for wagering taxes, as provided in
28 subsection (a)(2) if the taxpayer is an individual or subsection (b)(3) if
29 the taxpayer is a corporation:
30 (1) For taxable years beginning after December 31, 2018, and
31 before January 1, 2020, a taxpayer is required to add back under
32 this section eighty-seven and five-tenths percent (87.5%) of any
33 deduction allowed on the taxpayer's federal income tax return for
34 wagering taxes.
35 (2) For taxable years beginning after December 31, 2019, and
36 before January 1, 2021, a taxpayer is required to add back under
37 this section seventy-five percent (75%) of any deduction allowed
38 on the taxpayer's federal income tax return for wagering taxes.
39 (3) For taxable years beginning after December 31, 2020, and
40 before January 1, 2022, a taxpayer is required to add back under
41 this section sixty-two and five-tenths percent (62.5%) of any
42 deduction allowed on the taxpayer's federal income tax return for
HB 1002—LS 7340/DI 110 15
1 wagering taxes.
2 (4) For taxable years beginning after December 31, 2021, and
3 before January 1, 2023, a taxpayer is required to add back under
4 this section fifty percent (50%) of any deduction allowed on the
5 taxpayer's federal income tax return for wagering taxes.
6 (5) For taxable years beginning after December 31, 2022, and
7 before January 1, 2024, a taxpayer is required to add back under
8 this section thirty-seven and five-tenths percent (37.5%) of any
9 deduction allowed on the taxpayer's federal income tax return for
10 wagering taxes.
11 (6) For taxable years beginning after December 31, 2023, and
12 before January 1, 2025, a taxpayer is required to add back under
13 this section twenty-five percent (25%) of any deduction allowed
14 on the taxpayer's federal income tax return for wagering taxes.
15 (7) For taxable years beginning after December 31, 2024, and
16 before January 1, 2026, a taxpayer is required to add back under
17 this section twelve and five-tenths percent (12.5%) of any
18 deduction allowed on the taxpayer's federal income tax return for
19 wagering taxes.
20 (8) For taxable years beginning after December 31, 2025, a
21 taxpayer is not required to add back under this section any amount
22 of a deduction allowed on the taxpayer's federal income tax return
23 for wagering taxes.
24 (d) In the case of life insurance companies (as defined in Section
25 816(a) of the Internal Revenue Code) that are organized under Indiana
26 law, the same as "life insurance company taxable income" (as defined
27 in Section 801 of the Internal Revenue Code), adjusted as follows:
28 (1) Subtract income that is exempt from taxation under this article
29 by the Constitution and statutes of the United States.
30 (2) Add an amount equal to any deduction allowed or allowable
31 under Section 170 of the Internal Revenue Code (concerning
32 charitable contributions).
33 (3) Add an amount equal to a deduction allowed or allowable
34 under Section 805 or Section 832(c) of the Internal Revenue Code
35 for taxes based on or measured by income and levied at the state
36 level by any state.
37 (4) Subtract an amount equal to the amount included in the
38 company's taxable income under Section 78 of the Internal
39 Revenue Code (concerning foreign tax credits).
40 (5) Add or subtract the amount necessary to make the adjusted
41 gross income of any taxpayer that owns property for which bonus
42 depreciation was allowed in the current taxable year or in an
HB 1002—LS 7340/DI 110 16
1 earlier taxable year equal to the amount of adjusted gross income
2 that would have been computed had an election not been made
3 under Section 168(k) of the Internal Revenue Code to apply bonus
4 depreciation to the property in the year that it was placed in
5 service.
6 (6) Add an amount equal to any deduction allowed under Section
7 172 of the Internal Revenue Code (concerning net operating
8 losses).
9 (7) Add or subtract the amount necessary to make the adjusted
10 gross income of any taxpayer that placed Section 179 property (as
11 defined in Section 179 of the Internal Revenue Code) in service
12 in the current taxable year or in an earlier taxable year equal to
13 the amount of adjusted gross income that would have been
14 computed had an election for federal income tax purposes not
15 been made for the year in which the property was placed in
16 service to take deductions under Section 179 of the Internal
17 Revenue Code in a total amount exceeding the sum of:
18 (A) twenty-five thousand dollars ($25,000) to the extent
19 deductions under Section 179 of the Internal Revenue Code
20 were not elected as provided in clause (B); and
21 (B) for taxable years beginning after December 31, 2017, the
22 deductions elected under Section 179 of the Internal Revenue
23 Code on property acquired in an exchange if:
24 (i) the exchange would have been eligible for
25 nonrecognition of gain or loss under Section 1031 of the
26 Internal Revenue Code in effect on January 1, 2017;
27 (ii) the exchange is not eligible for nonrecognition of gain or
28 loss under Section 1031 of the Internal Revenue Code; and
29 (iii) the taxpayer made an election to take deductions under
30 Section 179 of the Internal Revenue Code with regard to the
31 acquired property in the year that the property was placed
32 into service.
33 The amount of deductions allowable for an item of property
34 under this clause may not exceed the amount of adjusted gross
35 income realized on the property that would have been deferred
36 under the Internal Revenue Code in effect on January 1, 2017.
37 (8) Subtract income that is:
38 (A) exempt from taxation under IC 6-3-2-21.7 (certain income
39 derived from patents); and
40 (B) included in the insurance company's taxable income under
41 the Internal Revenue Code.
42 (9) Add an amount equal to any income not included in gross
HB 1002—LS 7340/DI 110 17
1 income as a result of the deferral of income arising from business
2 indebtedness discharged in connection with the reacquisition after
3 December 31, 2008, and before January 1, 2011, of an applicable
4 debt instrument, as provided in Section 108(i) of the Internal
5 Revenue Code. Subtract from the adjusted gross income of any
6 taxpayer that added an amount to adjusted gross income in a
7 previous year the amount necessary to offset the amount included
8 in federal gross income as a result of the deferral of income
9 arising from business indebtedness discharged in connection with
10 the reacquisition after December 31, 2008, and before January 1,
11 2011, of an applicable debt instrument, as provided in Section
12 108(i) of the Internal Revenue Code.
13 (10) Add an amount equal to any exempt insurance income under
14 Section 953(e) of the Internal Revenue Code that is active
15 financing income under Subpart F of Subtitle A, Chapter 1,
16 Subchapter N of the Internal Revenue Code.
17 (11) Add the amount excluded from federal gross income under
18 Section 103 of the Internal Revenue Code for interest received on
19 an obligation of a state other than Indiana, or a political
20 subdivision of such a state, that is acquired by the taxpayer after
21 December 31, 2011. For purposes of this subdivision:
22 (A) if the taxpayer receives interest from a pass through entity,
23 a regulated investment company, a hedge fund, or similar
24 arrangement, the taxpayer will be considered to have acquired
25 the obligation on the date the entity acquired the obligation;
26 (B) if ownership of the obligation occurs by means other than
27 a purchase, the date of acquisition of the obligation shall be
28 the date ownership of the obligation was transferred, except to
29 the extent provided in clause (A), and if a portion of the
30 obligation is acquired on multiple dates, the date of acquisition
31 shall be considered separately for each portion of the
32 obligation; and
33 (C) if ownership of the obligation occurred as the result of a
34 refinancing of another obligation, the acquisition date shall be
35 the date on which the obligation was refinanced.
36 (12) For taxable years beginning after December 25, 2016, add:
37 (A) an amount equal to the amount reported by the taxpayer on
38 IRC 965 Transition Tax Statement, line 1; or
39 (B) if the taxpayer deducted an amount under Section 965(c)
40 of the Internal Revenue Code in determining the taxpayer's
41 taxable income for purposes of the federal income tax, the
42 amount deducted under Section 965(c) of the Internal Revenue
HB 1002—LS 7340/DI 110 18
1 Code.
2 (13) Add an amount equal to the deduction that was claimed by
3 the taxpayer for the taxable year under Section 250(a)(1)(B) of the
4 Internal Revenue Code (attributable to global intangible
5 low-taxed income). The taxpayer shall separately specify the
6 amount of the reduction under Section 250(a)(1)(B)(i) of the
7 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
8 Internal Revenue Code.
9 (14) Subtract any interest expense paid or accrued in the current
10 taxable year but not deducted as a result of the limitation imposed
11 under Section 163(j)(1) of the Internal Revenue Code. Add any
12 interest expense paid or accrued in a previous taxable year but
13 allowed as a deduction under Section 163 of the Internal Revenue
14 Code in the current taxable year. For purposes of this subdivision,
15 an interest expense is considered paid or accrued only in the first
16 taxable year the deduction would have been allowable under
17 Section 163 of the Internal Revenue Code if the limitation under
18 Section 163(j)(1) of the Internal Revenue Code did not exist.
19 (15) Subtract the amount that would have been excluded from
20 gross income but for the enactment of Section 118(b)(2) of the
21 Internal Revenue Code for taxable years ending after December
22 22, 2017.
23 (16) Add an amount equal to the remainder of:
24 (A) the amount allowable as a deduction under Section 274(n)
25 of the Internal Revenue Code; minus
26 (B) the amount otherwise allowable as a deduction under
27 Section 274(n) of the Internal Revenue Code, if Section
28 274(n)(2)(D) of the Internal Revenue Code was not in effect
29 for amounts paid or incurred after December 31, 2020.
30 (17) For taxable years ending after March 12, 2020, subtract an
31 amount equal to the deduction disallowed pursuant to:
32 (A) Section 2301(e) of the CARES Act (Public Law 116-136),
33 as modified by Sections 206 and 207 of the Taxpayer Certainty
34 and Disaster Relief Tax Act (Division EE of Public Law
35 116-260); and
36 (B) Section 3134(e) of the Internal Revenue Code.
37 (18) For taxable years beginning after December 31, 2022,
38 subtract an amount equal to the deduction disallowed under
39 Section 280C(h) of the Internal Revenue Code.
40 (19) For taxable years beginning after December 31, 2021, add or
41 subtract amounts related to specified research or experimental
42 procedures as required under IC 6-3-2-29.
HB 1002—LS 7340/DI 110 19
1 (20) Add or subtract any other amounts the taxpayer is:
2 (A) required to add or subtract; or
3 (B) entitled to deduct;
4 under IC 6-3-2.
5 (e) In the case of insurance companies subject to tax under Section
6 831 of the Internal Revenue Code and organized under Indiana law, the
7 same as "taxable income" (as defined in Section 832 of the Internal
8 Revenue Code), adjusted as follows:
9 (1) Subtract income that is exempt from taxation under this article
10 by the Constitution and statutes of the United States.
11 (2) Add an amount equal to any deduction allowed or allowable
12 under Section 170 of the Internal Revenue Code (concerning
13 charitable contributions).
14 (3) Add an amount equal to a deduction allowed or allowable
15 under Section 805 or Section 832(c) of the Internal Revenue Code
16 for taxes based on or measured by income and levied at the state
17 level by any state.
18 (4) Subtract an amount equal to the amount included in the
19 company's taxable income under Section 78 of the Internal
20 Revenue Code (concerning foreign tax credits).
21 (5) Add or subtract the amount necessary to make the adjusted
22 gross income of any taxpayer that owns property for which bonus
23 depreciation was allowed in the current taxable year or in an
24 earlier taxable year equal to the amount of adjusted gross income
25 that would have been computed had an election not been made
26 under Section 168(k) of the Internal Revenue Code to apply bonus
27 depreciation to the property in the year that it was placed in
28 service.
29 (6) Add an amount equal to any deduction allowed under Section
30 172 of the Internal Revenue Code (concerning net operating
31 losses).
32 (7) Add or subtract the amount necessary to make the adjusted
33 gross income of any taxpayer that placed Section 179 property (as
34 defined in Section 179 of the Internal Revenue Code) in service
35 in the current taxable year or in an earlier taxable year equal to
36 the amount of adjusted gross income that would have been
37 computed had an election for federal income tax purposes not
38 been made for the year in which the property was placed in
39 service to take deductions under Section 179 of the Internal
40 Revenue Code in a total amount exceeding the sum of:
41 (A) twenty-five thousand dollars ($25,000) to the extent
42 deductions under Section 179 of the Internal Revenue Code
HB 1002—LS 7340/DI 110 20
1 were not elected as provided in clause (B); and
2 (B) for taxable years beginning after December 31, 2017, the
3 deductions elected under Section 179 of the Internal Revenue
4 Code on property acquired in an exchange if:
5 (i) the exchange would have been eligible for
6 nonrecognition of gain or loss under Section 1031 of the
7 Internal Revenue Code in effect on January 1, 2017;
8 (ii) the exchange is not eligible for nonrecognition of gain or
9 loss under Section 1031 of the Internal Revenue Code; and
10 (iii) the taxpayer made an election to take deductions under
11 Section 179 of the Internal Revenue Code with regard to the
12 acquired property in the year that the property was placed
13 into service.
14 The amount of deductions allowable for an item of property
15 under this clause may not exceed the amount of adjusted gross
16 income realized on the property that would have been deferred
17 under the Internal Revenue Code in effect on January 1, 2017.
18 (8) Subtract income that is:
19 (A) exempt from taxation under IC 6-3-2-21.7 (certain income
20 derived from patents); and
21 (B) included in the insurance company's taxable income under
22 the Internal Revenue Code.
23 (9) Add an amount equal to any income not included in gross
24 income as a result of the deferral of income arising from business
25 indebtedness discharged in connection with the reacquisition after
26 December 31, 2008, and before January 1, 2011, of an applicable
27 debt instrument, as provided in Section 108(i) of the Internal
28 Revenue Code. Subtract from the adjusted gross income of any
29 taxpayer that added an amount to adjusted gross income in a
30 previous year the amount necessary to offset the amount included
31 in federal gross income as a result of the deferral of income
32 arising from business indebtedness discharged in connection with
33 the reacquisition after December 31, 2008, and before January 1,
34 2011, of an applicable debt instrument, as provided in Section
35 108(i) of the Internal Revenue Code.
36 (10) Add an amount equal to any exempt insurance income under
37 Section 953(e) of the Internal Revenue Code that is active
38 financing income under Subpart F of Subtitle A, Chapter 1,
39 Subchapter N of the Internal Revenue Code.
40 (11) Add the amount excluded from federal gross income under
41 Section 103 of the Internal Revenue Code for interest received on
42 an obligation of a state other than Indiana, or a political
HB 1002—LS 7340/DI 110 21
1 subdivision of such a state, that is acquired by the taxpayer after
2 December 31, 2011. For purposes of this subdivision:
3 (A) if the taxpayer receives interest from a pass through entity,
4 a regulated investment company, a hedge fund, or similar
5 arrangement, the taxpayer will be considered to have acquired
6 the obligation on the date the entity acquired the obligation;
7 (B) if ownership of the obligation occurs by means other than
8 a purchase, the date of acquisition of the obligation shall be
9 the date ownership of the obligation was transferred, except to
10 the extent provided in clause (A), and if a portion of the
11 obligation is acquired on multiple dates, the date of acquisition
12 shall be considered separately for each portion of the
13 obligation; and
14 (C) if ownership of the obligation occurred as the result of a
15 refinancing of another obligation, the acquisition date shall be
16 the date on which the obligation was refinanced.
17 (12) For taxable years beginning after December 25, 2016, add:
18 (A) an amount equal to the amount reported by the taxpayer on
19 IRC 965 Transition Tax Statement, line 1; or
20 (B) if the taxpayer deducted an amount under Section 965(c)
21 of the Internal Revenue Code in determining the taxpayer's
22 taxable income for purposes of the federal income tax, the
23 amount deducted under Section 965(c) of the Internal Revenue
24 Code.
25 (13) Add an amount equal to the deduction that was claimed by
26 the taxpayer for the taxable year under Section 250(a)(1)(B) of the
27 Internal Revenue Code (attributable to global intangible
28 low-taxed income). The taxpayer shall separately specify the
29 amount of the reduction under Section 250(a)(1)(B)(i) of the
30 Internal Revenue Code and under Section 250(a)(1)(B)(ii) of the
31 Internal Revenue Code.
32 (14) Subtract any interest expense paid or accrued in the current
33 taxable year but not deducted as a result of the limitation imposed
34 under Section 163(j)(1) of the Internal Revenue Code. Add any
35 interest expense paid or accrued in a previous taxable year but
36 allowed as a deduction under Section 163 of the Internal Revenue
37 Code in the current taxable year. For purposes of this subdivision,
38 an interest expense is considered paid or accrued only in the first
39 taxable year the deduction would have been allowable under
40 Section 163 of the Internal Revenue Code if the limitation under
41 Section 163(j)(1) of the Internal Revenue Code did not exist.
42 (15) Subtract the amount that would have been excluded from
HB 1002—LS 7340/DI 110 22
1 gross income but for the enactment of Section 118(b)(2) of the
2 Internal Revenue Code for taxable years ending after December
3 22, 2017.
4 (16) Add an amount equal to the remainder of:
5 (A) the amount allowable as a deduction under Section 274(n)
6 of the Internal Revenue Code; minus
7 (B) the amount otherwise allowable as a deduction under
8 Section 274(n) of the Internal Revenue Code, if Section
9 274(n)(2)(D) of the Internal Revenue Code was not in effect
10 for amounts paid or incurred after December 31, 2020.
11 (17) For taxable years ending after March 12, 2020, subtract an
12 amount equal to the deduction disallowed pursuant to:
13 (A) Section 2301(e) of the CARES Act (Public Law 116-136),
14 as modified by Sections 206 and 207 of the Taxpayer Certainty
15 and Disaster Relief Tax Act (Division EE of Public Law
16 116-260); and
17 (B) Section 3134(e) of the Internal Revenue Code.
18 (18) For taxable years beginning after December 31, 2022,
19 subtract an amount equal to the deduction disallowed under
20 Section 280C(h) of the Internal Revenue Code.
21 (19) For taxable years beginning after December 31, 2021, add or
22 subtract amounts related to specified research or experimental
23 procedures as required under IC 6-3-2-29.
24 (20) Add or subtract any other amounts the taxpayer is:
25 (A) required to add or subtract; or
26 (B) entitled to deduct;
27 under IC 6-3-2.
28 (f) In the case of trusts and estates, "taxable income" (as defined for
29 trusts and estates in Section 641(b) of the Internal Revenue Code)
30 adjusted as follows:
31 (1) Subtract income that is exempt from taxation under this article
32 by the Constitution and statutes of the United States.
33 (2) Subtract an amount equal to the amount of a September 11
34 terrorist attack settlement payment included in the federal
35 adjusted gross income of the estate of a victim of the September
36 11 terrorist attack or a trust to the extent the trust benefits a victim
37 of the September 11 terrorist attack.
38 (3) Add or subtract the amount necessary to make the adjusted
39 gross income of any taxpayer that owns property for which bonus
40 depreciation was allowed in the current taxable year or in an
41 earlier taxable year equal to the amount of adjusted gross income
42 that would have been computed had an election not been made
HB 1002—LS 7340/DI 110 23
1 under Section 168(k) of the Internal Revenue Code to apply bonus
2 depreciation to the property in the year that it was placed in
3 service.
4 (4) Add an amount equal to any deduction allowed under Section
5 172 of the Internal Revenue Code (concerning net operating
6 losses).
7 (5) Add or subtract the amount necessary to make the adjusted
8 gross income of any taxpayer that placed Section 179 property (as
9 defined in Section 179 of the Internal Revenue Code) in service
10 in the current taxable year or in an earlier taxable year equal to
11 the amount of adjusted gross income that would have been
12 computed had an election for federal income tax purposes not
13 been made for the year in which the property was placed in
14 service to take deductions under Section 179 of the Internal
15 Revenue Code in a total amount exceeding the sum of:
16 (A) twenty-five thousand dollars ($25,000) to the extent
17 deductions under Section 179 of the Internal Revenue Code
18 were not elected as provided in clause (B); and
19 (B) for taxable years beginning after December 31, 2017, the
20 deductions elected under Section 179 of the Internal Revenue
21 Code on property acquired in an exchange if:
22 (i) the exchange would have been eligible for
23 nonrecognition of gain or loss under Section 1031 of the
24 Internal Revenue Code in effect on January 1, 2017;
25 (ii) the exchange is not eligible for nonrecognition of gain or
26 loss under Section 1031 of the Internal Revenue Code; and
27 (iii) the taxpayer made an election to take deductions under
28 Section 179 of the Internal Revenue Code with regard to the
29 acquired property in the year that the property was placed
30 into service.
31 The amount of deductions allowable for an item of property
32 under this clause may not exceed the amount of adjusted gross
33 income realized on the property that would have been deferred
34 under the Internal Revenue Code in effect on January 1, 2017.
35 (6) Subtract income that is:
36 (A) exempt from taxation under IC 6-3-2-21.7 (certain income
37 derived from patents); and
38 (B) included in the taxpayer's taxable income under the
39 Internal Revenue Code.
40 (7) Add an amount equal to any income not included in gross
41 income as a result of the deferral of income arising from business
42 indebtedness discharged in connection with the reacquisition after
HB 1002—LS 7340/DI 110 24
1 December 31, 2008, and before January 1, 2011, of an applicable
2 debt instrument, as provided in Section 108(i) of the Internal
3 Revenue Code. Subtract from the adjusted gross income of any
4 taxpayer that added an amount to adjusted gross income in a
5 previous year the amount necessary to offset the amount included
6 in federal gross income as a result of the deferral of income
7 arising from business indebtedness discharged in connection with
8 the reacquisition after December 31, 2008, and before January 1,
9 2011, of an applicable debt instrument, as provided in Section
10 108(i) of the Internal Revenue Code.
11 (8) Add the amount excluded from federal gross income under
12 Section 103 of the Internal Revenue Code for interest received on
13 an obligation of a state other than Indiana, or a political
14 subdivision of such a state, that is acquired by the taxpayer after
15 December 31, 2011. For purposes of this subdivision:
16 (A) if the taxpayer receives interest from a pass through entity,
17 a regulated investment company, a hedge fund, or similar
18 arrangement, the taxpayer will be considered to have acquired
19 the obligation on the date the entity acquired the obligation;
20 (B) if ownership of the obligation occurs by means other than
21 a purchase, the date of acquisition of the obligation shall be
22 the date ownership of the obligation was transferred, except to
23 the extent provided in clause (A), and if a portion of the
24 obligation is acquired on multiple dates, the date of acquisition
25 shall be considered separately for each portion of the
26 obligation; and
27 (C) if ownership of the obligation occurred as the result of a
28 refinancing of another obligation, the acquisition date shall be
29 the date on which the obligation was refinanced.
30 (9) For taxable years beginning after December 25, 2016, add an
31 amount equal to:
32 (A) the amount reported by the taxpayer on IRC 965
33 Transition Tax Statement, line 1;
34 (B) if the taxpayer deducted an amount under Section 965(c)
35 of the Internal Revenue Code in determining the taxpayer's
36 taxable income for purposes of the federal income tax, the
37 amount deducted under Section 965(c) of the Internal Revenue
38 Code; and
39 (C) with regard to any amounts of income under Section 965
40 of the Internal Revenue Code distributed by the taxpayer, the
41 deduction under Section 965(c) of the Internal Revenue Code
42 attributable to such distributed amounts and not reported to the
HB 1002—LS 7340/DI 110 25
1 beneficiary.
2 For purposes of this article, the amount required to be added back
3 under clause (B) is not considered to be distributed or
4 distributable to a beneficiary of the estate or trust for purposes of
5 Sections 651 and 661 of the Internal Revenue Code.
6 (10) Subtract any interest expense paid or accrued in the current
7 taxable year but not deducted as a result of the limitation imposed
8 under Section 163(j)(1) of the Internal Revenue Code. Add any
9 interest expense paid or accrued in a previous taxable year but
10 allowed as a deduction under Section 163 of the Internal Revenue
11 Code in the current taxable year. For purposes of this subdivision,
12 an interest expense is considered paid or accrued only in the first
13 taxable year the deduction would have been allowable under
14 Section 163 of the Internal Revenue Code if the limitation under
15 Section 163(j)(1) of the Internal Revenue Code did not exist.
16 (11) Add an amount equal to the deduction for qualified business
17 income that was claimed by the taxpayer for the taxable year
18 under Section 199A of the Internal Revenue Code.
19 (12) Subtract the amount that would have been excluded from
20 gross income but for the enactment of Section 118(b)(2) of the
21 Internal Revenue Code for taxable years ending after December
22 22, 2017.
23 (13) Add an amount equal to the remainder of:
24 (A) the amount allowable as a deduction under Section 274(n)
25 of the Internal Revenue Code; minus
26 (B) the amount otherwise allowable as a deduction under
27 Section 274(n) of the Internal Revenue Code, if Section
28 274(n)(2)(D) of the Internal Revenue Code was not in effect
29 for amounts paid or incurred after December 31, 2020.
30 (14) For taxable years beginning after December 31, 2017, and
31 before January 1, 2021, add an amount equal to the excess
32 business loss of the taxpayer as defined in Section 461(l)(3) of the
33 Internal Revenue Code. In addition:
34 (A) If a taxpayer has an excess business loss under this
35 subdivision and also has modifications under subdivisions (3)
36 and (5) for property placed in service during the taxable year,
37 the taxpayer shall treat a portion of the taxable year
38 modifications for that property as occurring in the taxable year
39 the property is placed in service and a portion of the
40 modifications as occurring in the immediately following
41 taxable year.
42 (B) The portion of the modifications under subdivisions (3)
HB 1002—LS 7340/DI 110 26
1 and (5) for property placed in service during the taxable year
2 treated as occurring in the taxable year in which the property
3 is placed in service equals:
4 (i) the modification for the property otherwise determined
5 under this section; minus
6 (ii) the excess business loss disallowed under this
7 subdivision;
8 but not less than zero (0).
9 (C) The portion of the modifications under subdivisions (3)
10 and (5) for property placed in service during the taxable year
11 treated as occurring in the taxable year immediately following
12 the taxable year in which the property is placed in service
13 equals the modification for the property otherwise determined
14 under this section minus the amount in clause (B).
15 (D) Any reallocation of modifications between taxable years
16 under clauses (B) and (C) shall be first allocated to the
17 modification under subdivision (3), then to the modification
18 under subdivision (5).
19 (15) For taxable years ending after March 12, 2020, subtract an
20 amount equal to the deduction disallowed pursuant to:
21 (A) Section 2301(e) of the CARES Act (Public Law 116-136),
22 as modified by Sections 206 and 207 of the Taxpayer Certainty
23 and Disaster Relief Tax Act (Division EE of Public Law
24 116-260); and
25 (B) Section 3134(e) of the Internal Revenue Code.
26 (16) For taxable years beginning after December 31, 2022,
27 subtract an amount equal to the deduction disallowed under
28 Section 280C(h) of the Internal Revenue Code.
29 (17) Except as provided in subsection (c), for taxable years
30 beginning after December 31, 2022, add an amount equal to any
31 deduction or deductions allowed or allowable in determining
32 taxable income under Section 641(b) of the Internal Revenue
33 Code for taxes based on or measured by income and levied at the
34 state level by any state of the United States.
35 (18) For taxable years beginning after December 31, 2021, add or
36 subtract amounts related to specified research or experimental
37 procedures as required under IC 6-3-2-29.
38 (19) Add or subtract any other amounts the taxpayer is:
39 (A) required to add or subtract; or
40 (B) entitled to deduct;
41 under IC 6-3-2.
42 (g) For purposes of IC 6-3-2.1, IC 6-3-4-12, IC 6-3-4-13, and
HB 1002—LS 7340/DI 110 27
1 IC 6-3-4-15 for taxable years beginning after December 31, 2022,
2 "adjusted gross income" of a pass through entity means the items of
3 ordinary income and loss in the case of a partnership or a corporation
4 described in IC 6-3-2-2.8(2), or distributions subject to tax for state and
5 federal income tax for beneficiaries in the case of a trust or estate,
6 whichever is applicable, for the taxable year modified as follows:
7 (1) Add the separately stated items of income and gains, or the
8 equivalent items that must be considered separately by a
9 beneficiary, as determined for federal purposes, attributed to the
10 partners, shareholders, or beneficiaries of the pass through entity,
11 determined without regard to whether the owner is permitted to
12 exclude all or part of the income or gain or deduct any amount
13 against the income or gain.
14 (2) Subtract the separately stated items of deductions or losses or
15 items that must be considered separately by beneficiaries, as
16 determined for federal purposes, attributed to partners,
17 shareholders, or beneficiaries of the pass through entity and that
18 are deductible by an individual in determining adjusted gross
19 income as defined under Section 62 of the Internal Revenue
20 Code:
21 (A) limited as if the partners, shareholders, and beneficiaries
22 deducted the maximum allowable loss or deduction allowable
23 for the taxable year prior to any amount deductible from the
24 pass through entity; but
25 (B) not considering any disallowance of deductions resulting
26 from federal basis limitations for the partner, shareholder, or
27 beneficiary.
28 (3) Add or subtract any modifications to adjusted gross income
29 that would be required both for individuals under subsection (a)
30 and corporations under subsection (b) to the extent otherwise
31 provided in those subsections, including amounts that are
32 allowable for which such modifications are necessary to account
33 for separately stated items in subdivision (1) or (2).
34 (h) Subsections (a)(36), (b)(22), (d)(20), (e)(20), or (f)(19) may not
35 be construed to require an add back or allow a deduction or exemption
36 more than once for a particular add back, deduction, or exemption.
37 (i) For taxable years beginning after December 25, 2016, if:
38 (1) a taxpayer is a shareholder, either directly or indirectly, in a
39 corporation that is an E&P deficit foreign corporation as defined
40 in Section 965(b)(3)(B) of the Internal Revenue Code, and the
41 earnings and profit deficit, or a portion of the earnings and profit
42 deficit, of the E&P deficit foreign corporation is permitted to
HB 1002—LS 7340/DI 110 28
1 reduce the federal adjusted gross income or federal taxable
2 income of the taxpayer, the deficit, or the portion of the deficit,
3 shall also reduce the amount taxable under this section to the
4 extent permitted under the Internal Revenue Code, however, in no
5 case shall this permit a reduction in the amount taxable under
6 Section 965 of the Internal Revenue Code for purposes of this
7 section to be less than zero (0); and
8 (2) the Internal Revenue Service issues guidance that such an
9 income or deduction is not reported directly on a federal tax
10 return or is to be reported in a manner different than specified in
11 this section, this section shall be construed as if federal adjusted
12 gross income or federal taxable income included the income or
13 deduction.
14 (j) If a partner is required to include an item of income, a deduction,
15 or another tax attribute in the partner's adjusted gross income tax return
16 pursuant to IC 6-3-4.5, such item shall be considered to be includible
17 in the partner's federal adjusted gross income or federal taxable
18 income, regardless of whether such item is actually required to be
19 reported by the partner for federal income tax purposes. For purposes
20 of this subsection:
21 (1) items for which a valid election is made under IC 6-3-4.5-6,
22 IC 6-3-4.5-8, or IC 6-3-4.5-9 shall not be required to be included
23 in the partner's adjusted gross income or taxable income; and
24 (2) items for which the partnership did not make an election under
25 IC 6-3-4.5-6, IC 6-3-4.5-8, or IC 6-3-4.5-9, but for which the
26 partnership is required to remit tax pursuant to IC 6-3-4.5-18,
27 shall be included in the partner's adjusted gross income or taxable
28 income.
29 (k) The following apply for purposes of this section:
30 (1) For purposes of subsections (b) and (f), if a taxpayer is an
31 organization that has more than one (1) trade or business subject
32 to the provisions of Section 512(a)(6) of the Internal Revenue
33 Code, the following rules apply for taxable years beginning after
34 December 31, 2017:
35 (A) If a trade or business has federal unrelated business
36 taxable income of zero (0) or greater for a taxable year, the
37 unrelated business taxable income and modifications required
38 under this section shall be combined in determining the
39 adjusted gross income of the taxpayer and shall not be treated
40 as being subject to the provisions of Section 512(a)(6) of the
41 Internal Revenue Code if one (1) or more trades or businesses
42 have negative Indiana adjusted gross income after
HB 1002—LS 7340/DI 110 29
1 adjustments.
2 (B) If a trade or business has federal unrelated business
3 taxable income of less than zero (0) for a taxable year, the
4 taxpayer shall apply the modifications under this section for
5 the taxable year against the net operating loss in the manner
6 required under IC 6-3-2-2.5 and IC 6-3-2-2.6 for separately
7 stated net operating losses. However, if the application of
8 modifications required under IC 6-3-2-2.5 or IC 6-3-2-2.6
9 results in the separately stated net operating loss for the trade
10 or business being zero (0), the modifications that increase
11 adjusted gross income under this section and remain after the
12 calculations to adjust the separately stated net operating loss
13 to zero (0) that result from the trade or business must be
14 treated as modifications to which clause (A) applies for the
15 taxable year.
16 (C) If a trade or business otherwise described in Section
17 512(a)(6) of the Internal Revenue Code incurred a net
18 operating loss for a taxable year beginning after December 31,
19 2017, and before January 1, 2021, and the net operating loss
20 was carried back for federal tax purposes:
21 (i) if the loss was carried back to a taxable year for which
22 the requirements under Section 512(a)(6) of the Internal
23 Revenue Code did not apply, the portion of the loss and
24 modifications attributable to the loss shall be treated as
25 adjusted gross income of the taxpayer for the first taxable
26 year of the taxpayer beginning after December 31, 2022, and
27 shall be treated as part of the adjusted gross income
28 attributable to clause (A), unless, and to the extent, the loss
29 and modifications were applied to adjusted gross income for
30 a previous taxable year, as determined under this article; and
31 (ii) if the loss was carried back to a taxable year for which
32 the requirements under Section 512(a)(6) of the Internal
33 Revenue Code applied, the portion of the loss and
34 modifications attributable to the loss shall be treated as
35 adjusted gross income of the taxpayer for the first taxable
36 year of the taxpayer beginning after December 31, 2022, and
37 for purposes of this clause, the inclusion of losses and
38 modifications shall be in the same manner as provided in
39 clause (B), unless, and to the extent, the loss and
40 modifications were applied to adjusted gross income for a
41 previous taxable year, as determined under this article.
42 (D) Notwithstanding any provision in this subdivision, if a
HB 1002—LS 7340/DI 110 30
1 taxpayer computed its adjusted gross income for a taxable year
2 beginning before January 1, 2023, based on a reasonable
3 interpretation of this article, the taxpayer shall be permitted to
4 compute its adjusted gross income for those taxable years
5 based on that interpretation. However, a taxpayer must
6 continue to report any tax attributes for taxable years
7 beginning after December 31, 2022, in a manner consistent
8 with its previous interpretation.
9 (2) In the case of a corporation, other than a captive real estate
10 investment trust, for which the adjusted gross income under this
11 article is determined after a deduction for dividends paid under
12 the Internal Revenue Code, the modifications required under this
13 section shall be applied in ratio to the corporation's taxable
14 income (as defined in Section 63 of the Internal Revenue Code)
15 after deductions for dividends paid under the Internal Revenue
16 Code compared to the corporation's taxable income (as defined in
17 Section 63 of the Internal Revenue Code) before the deduction for
18 dividends paid under the Internal Revenue Code.
19 (3) In the case of a trust or estate, the trust or estate is required to
20 include only the portion of the modifications not passed through
21 to beneficiaries.
22 (4) In the case of a taxpayer for which modifications are required
23 to be applied against a separately stated net operating loss under
24 IC 6-3-2-2.5 or IC 6-3-2-2.6, the modifications required under this
25 section must be adjusted to reflect the required application of the
26 modifications against a separately stated net operating loss, in
27 order to avoid the application of a particular modification
28 multiple times.
29 SECTION 3. IC 8-1-2.6-13, AS AMENDED BY THE TECHNICAL
30 CORRECTIONS BILL OF THE 2025 GENERAL ASSEMBLY, IS
31 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
32 Sec. 13. (a) As used in this section, "communications service" has the
33 meaning set forth in IC 8-1-32.5-3.
34 (b) As used in this section, "communications service provider"
35 means a person or an entity that offers communications service to
36 customers in Indiana, without regard to the technology or medium used
37 by the person or entity to provide the communications service. The
38 term includes a provider of commercial mobile service (as defined in
39 47 U.S.C. 332).
40 (c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
41 commission may do the following, except as otherwise provided in this
42 subsection:
HB 1002—LS 7340/DI 110 31
1 (1) Enforce the terms of a settlement agreement approved by the
2 commission before July 29, 2004. The commission's authority
3 under this subdivision continues for the duration of the settlement
4 agreement.
5 (2) Fulfill the commission's duties under IC 8-1-2.8 concerning
6 the provision of dual party relay services to deaf, hard of hearing,
7 and speech impaired persons in Indiana.
8 (3) Fulfill the commission's responsibilities under IC 8-1-29 to
9 adopt and enforce rules to ensure that a customer of a
10 telecommunications provider is not:
11 (A) switched to another telecommunications provider unless
12 the customer authorizes the switch; or
13 (B) billed for services by a telecommunications provider that
14 without the customer's authorization added the services to the
15 customer's service order.
16 (4) Fulfill the commission's obligations under
17 (A) the federal Telecommunications Act of 1996 (47 U.S.C.
18 151 et seq.) and
19 (B) IC 20-20-16;
20 concerning universal service and access to telecommunications
21 service and equipment, including the designation of eligible
22 telecommunications carriers under 47 U.S.C. 214.
23 (5) Perform any of the functions described in section 1.5(b) of this
24 chapter.
25 (6) Perform the commission's responsibilities under IC 8-1-32.5
26 to:
27 (A) issue; and
28 (B) maintain records of;
29 certificates of territorial authority for communications service
30 providers offering communications service to customers in
31 Indiana.
32 (7) Perform the commission's responsibilities under IC 8-1-34
33 concerning the issuance of certificates of franchise authority to
34 multichannel video programming distributors offering video
35 service to Indiana customers.
36 (8) Subject to subsection (f), require a communications service
37 provider, other than a provider of commercial mobile service (as
38 defined in 47 U.S.C. 332), to report to the commission on an
39 annual basis, or more frequently at the option of the provider, any
40 information needed by the commission to prepare the
41 commission's annual report under IC 8-1-1-14(c)(4).
42 (9) Perform the commission's duties under IC 8-1-32.4 with
HB 1002—LS 7340/DI 110 32
1 respect to telecommunications providers of last resort, to the
2 extent of the authority delegated to the commission under federal
3 law to perform those duties.
4 (10) Collect and maintain from a communications service
5 provider the following information:
6 (A) The address of the provider's Internet web site. website.
7 (B) All toll free telephone numbers and other customer service
8 telephone numbers maintained by the provider for receiving
9 customer inquiries and complaints.
10 (C) An address and other contact information for the provider,
11 including any telephone number not described in clause (B).
12 The commission shall make any information submitted by a
13 provider under this subdivision available on the commission's
14 Internet web site. website. The commission may also make
15 available on the commission's Internet web site website contact
16 information for the Federal Communications Commission and the
17 Cellular Telephone Industry Association.
18 (11) Fulfill the commission's duties under any state or federal law
19 concerning the administration of any universally applicable
20 dialing code for any communications service.
21 (d) The commission does not have jurisdiction over any of the
22 following with respect to a communications service provider:
23 (1) Rates and charges for communications service provided by the
24 communications service provider, including the filing of
25 schedules or tariffs setting forth the provider's rates and charges.
26 (2) Depreciation schedules for any of the classes of property
27 owned by the communications service provider.
28 (3) Quality of service provided by the communications service
29 provider.
30 (4) Long term financing arrangements or other obligations of the
31 communications service provider.
32 (5) Except as provided in subsection (c), any other aspect
33 regulated by the commission under this title before July 1, 2009.
34 (e) The commission has jurisdiction over a communications service
35 provider only to the extent that jurisdiction is:
36 (1) expressly granted by state or federal law, including:
37 (A) a state or federal statute;
38 (B) a lawful order or regulation of the Federal
39 Communications Commission; or
40 (C) an order or a ruling of a state or federal court having
41 jurisdiction; or
42 (2) necessary to administer a federal law for which regulatory
HB 1002—LS 7340/DI 110 33
1 responsibility has been delegated to the commission by federal
2 law.
3 (f) Except as specifically required under state or federal law, or
4 except as required to respond to consumer complaints or information
5 requests from the general assembly, the commission may not require
6 a communications service provider:
7 (1) to file a tariff; or
8 (2) except for purposes of a petition or request filed or submitted
9 to the commission by the communications service provider, to
10 report to the commission any information that is:
11 (A) available to the public on the communications service
12 provider's Internet web site; website;
13 (B) filed with the Federal Communications Commission; or
14 (C) otherwise available to the public in any form or at any
15 level of detail;
16 including the communications service provider's rates, terms, and
17 conditions of service.
18 SECTION 4. IC 8-1-17.5-25, AS AMENDED BY P.L.73-2020,
19 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 25. Notwithstanding any other law, the
21 commission may exercise jurisdiction over a surviving corporation or
22 successor corporation formed under this chapter only to do the
23 following:
24 (1) Ensure compliance with IC 8-1-2.8 concerning the provision
25 of dual party relay services to deaf, hard of hearing, and speech
26 impaired persons in Indiana.
27 (2) Enforce rules adopted under IC 8-1-29 to ensure that a
28 customer of a telecommunications provider is not:
29 (A) switched to another telecommunications provider unless
30 the customer authorizes the switch; or
31 (B) billed for services by a telecommunications provider that
32 without the customer's authorization added the services to the
33 customer's service order.
34 (3) Conduct proceedings under
35 (A) the federal Telecommunications Act of 1996 (47 U.S.C.
36 151 et seq.) and
37 (B) IC 20-20-16;
38 concerning universal service and access to telecommunications
39 service and equipment, including the designation of eligible
40 telecommunications carriers under 47 U.S.C. 214.
41 (4) Perform the commission's duties under IC 8-1-2.6-1.5 or
42 IC 8-1-2-5.
HB 1002—LS 7340/DI 110 34
1 (5) Issue or maintain certificates of territorial authority for
2 communications service providers under IC 8-1-32.5.
3 (6) Perform the commission's duties under IC 8-1-34 to issue and
4 maintain certificates of franchise authority to multichannel video
5 programming distributors offering video service to Indiana
6 customers.
7 (7) Perform the commission's duties under IC 8-1-2.6-13(c)(8)
8 concerning the reporting of information by communications
9 service providers.
10 (8) Fulfill the commission's duties under any state or federal law
11 concerning the administration of any universally applicable
12 dialing code for any communications service.
13 (9) Perform the commission's duties under IC 8-1-2.3 with respect
14 to assigned service areas for electricity suppliers.
15 (10) Issue:
16 (A) certificates of public convenience and necessity,
17 certificates of territorial authority, and indeterminate permits
18 under IC 8-1-2;
19 (B) certificates of public convenience and necessity under
20 IC 8-1-8.5; or
21 (C) certificates of public convenience and necessity under
22 IC 8-1-8.7.
23 (11) Determine territorial disputes between water utilities under
24 IC 8-1.5-6.
25 SECTION 5. IC 10-19-2.2-1, AS ADDED BY P.L.143-2023,
26 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 1. As used in this chapter, "bleeding control kit"
28 has the meaning set forth in IC 20-34-3-24. means a first aid response
29 kit that contains at least the following:
30 (1) One (1) tourniquet endorsed by the Committee on Tactical
31 Combat Casualty Care.
32 (2) A compression bandage.
33 (3) A bleeding control bandage.
34 (4) Protective gloves and a permanent marker.
35 (5) Scissors.
36 (6) Instructional documents developed by the Stop the Bleed
37 national awareness campaign of the United States Department
38 of Homeland Security or the American College of Surgeons
39 Committee on Trauma, or both.
40 (7) Other medical materials and equipment similar to those
41 described in subdivisions (1) through (3), and any additional
42 items that:
HB 1002—LS 7340/DI 110 35
1 (A) are approved by local law enforcement or first
2 responders;
3 (B) can adequately treat a traumatic injury; and
4 (C) can be stored in a readily available kit.
5 SECTION 6. IC 10-21-1-14, AS AMENDED BY P.L.135-2024,
6 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 14. (a) Each school operated by a school
8 corporation shall establish a safe school committee. The committee
9 may be a subcommittee of the committee that develops the strategic
10 and continuous school improvement and achievement plan under
11 IC 20-31-5. Each committee may include at least one (1) member who
12 is a member of the support staff of the school or school corporation
13 career and technical education school.
14 (b) Each school operated by a charter school shall establish a safe
15 school committee. A charter school in operation on July 1, 2023, shall
16 comply with this subsection not later than July 1, 2024.
17 (c) The safe school committee shall actively participate in and assist
18 with the development of the school safety plan.
19 (d) The department of education, the school corporation's or charter
20 school's school safety specialist or specialists, and a school resource
21 officer, if one (1) is employed by the school corporation or charter
22 school, shall provide materials and guidelines to assist a safe school
23 committee in developing a policy for a particular school that addresses
24 the following issues:
25 (1) Implementation of the school safety plan.
26 (2) Addressing outside and internal threats to the physical safety
27 of students, faculty, staff, and the public, including unsafe
28 conditions, crime prevention, school violence, bullying and
29 cyberbullying, criminal organization activity, child abuse and
30 child sexual abuse, mental health and behavioral health, suicide
31 awareness and prevention, violence prevention and training,
32 situational awareness, and other issues that prevent the
33 maintenance of a safe school.
34 (3) Addressing the professional development needs for faculty
35 and staff to implement methods that decrease problems identified
36 under subdivision (2).
37 (4) Identifying and implementing methods to encourage:
38 (A) involvement by the community, families, and students;
39 (B) development of relationships between students and school
40 faculty and staff; and
41 (C) use of problem solving teams.
42 (5) Consideration of the effect of armed intruder drills on the
HB 1002—LS 7340/DI 110 36
1 safety and mental health of students, faculty, and staff.
2 (e) The guidelines developed under subsection (d) must include age
3 appropriate, trauma informed, evidence based information (as defined
4 in 34 U.S.C. 10554(4)) that assists school corporations or charter
5 schools and safe school committees in:
6 (1) developing and implementing bullying and cyberbullying
7 prevention programs;
8 (2) establishing investigation and reporting procedures related to
9 bullying and cyberbullying; and
10 (3) adopting discipline rules that comply with IC 20-33-8-13.5.
11 (f) In addition to developing guidelines under subsection (d), the
12 department of education shall establish categories of types of bullying
13 incidents to allow school corporations to use the categories in making
14 reports under IC 20-20-8-8 and IC 20-34-6-1.
15 (g) The materials and guidelines provided under subsection (d) must
16 include the model educational materials and model response policies
17 and reporting procedures on child abuse and child sexual abuse
18 developed or identified under IC 20-19-3-11.
19 SECTION 7. IC 12-17.2-7.2-6, AS AMENDED BY P.L.92-2024,
20 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 6. As used in this chapter, "qualified early
22 education services" refers to a program of early education services that:
23 (1) is provided by an eligible provider to:
24 (A) an eligible child;
25 (B) a limited eligibility child; or
26 (C) a child of a child care employee;
27 (2) includes a parental engagement and involvement component
28 in the delivery of early education services that is based on the
29 requirements and guidelines established by the office;
30 (3) administers the kindergarten readiness assessment adopted by
31 the state board of education;
32 (4) aligns with the early learning development framework for
33 prekindergarten approved by the department of education; under
34 IC 20-19-3-16; and
35 (5) meets the design parameters for inclusion in the longitudinal
36 study described in section 12 of this chapter, as determined by the
37 office.
38 SECTION 8. IC 20-18-2-4.5, AS AMENDED BY P.L.217-2017,
39 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 4.5. "Fall count" has the meaning set forth in
41 IC 20-43-1-12.3 (before its repeal on July 1, 2017). refers to the fall
42 count of eligible pupils under IC 20-43-4.
HB 1002—LS 7340/DI 110 37
1 SECTION 9. IC 20-18-2-6.3, AS AMENDED BY P.L.150-2024,
2 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 6.3. (a) This section applies after June 30, 2018.
4 (b) "Graduation pathway requirement" refers to requirements
5 established by the state board under IC 20-32-4-1.5(a)(1) (before its
6 expiration) or IC 20-32-4-1.5(b)(1).
7 SECTION 10. IC 20-18-2-19, AS AMENDED BY P.L.224-2015,
8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 19. "State board" refers to the Indiana state board
10 of education established by
11 (1) before June 1, 2015, IC 20-19-2-2 (expired June 1, 2015); and
12 (2) after May 31, 2015, IC 20-19-2-2.1.
13 SECTION 11. IC 20-18-2-20.7, AS ADDED BY P.L.242-2017,
14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 20.7. "Statewide assessment program" refers to
16 (1) for school years ending before July 1, 2018, the ISTEP
17 program under IC 20-32-5; and
18 (2) for school years beginning after June 30, 2018, the Indiana's
19 Learning Evaluation Assessment Readiness Network (ILEARN)
20 program under IC 20-32-5.1.
21 SECTION 12. IC 20-18-3-2, AS ADDED BY P.L.43-2021,
22 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 2. (a) On January 11, 2021, all powers, duties,
24 agreements, and liabilities of the state superintendent of public
25 instruction are transferred to the secretary of education, as the
26 successor to the state superintendent of public instruction.
27 (b) On January 11, 2021, all records and property of the state
28 superintendent of public instruction, including appropriations and other
29 funds under the control or supervision of the state superintendent of
30 public instruction, are transferred to the secretary of education, as the
31 successor to the state superintendent of public instruction.
32 (c) After January 10, 2021, and except as provided under
33 IC 20-26-15, a reference to the state superintendent of public
34 instruction in a statute, rule, or other document is considered a
35 reference to the secretary of education, as the successor to the state
36 superintendent of public instruction.
37 (d) This section expires July 1, 2031.
38 SECTION 13. IC 20-19-1-1.1, AS AMENDED BY P.L.8-2019,
39 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2025]: Sec. 1.1. (a) After January 10, 2021, The governor
41 shall appoint an individual to be the secretary of education.
42 (b) For purposes of Article 5, Section 10 and Article 8, Section 8 of
HB 1002—LS 7340/DI 110 38
1 the Constitution of the State of Indiana, the secretary of education is the
2 state superintendent of public instruction.
3 (c) The individual appointed under this section serves at the
4 pleasure of and at a salary determined by the governor.
5 (d) An individual may not be appointed by the governor to be
6 secretary of education under subsection (a) unless the individual:
7 (1) has resided in Indiana for at least two (2) years before the
8 appointment;
9 (2) has demonstrated personal and professional leadership
10 success, preferably in the administration of public education;
11 (3) possesses an earned advanced degree, preferably in education
12 or educational administration, awarded from a regionally or
13 nationally accredited college or university; and
14 (4) either:
15 (A) at the time of taking office is licensed or otherwise
16 employed as a teacher, principal, or superintendent;
17 (B) has held a license as a teacher, superintendent, or
18 principal, or any combination of these licenses, for at least five
19 (5) years at any time before taking office; or
20 (C) has a total of at least five (5) years of work experience as
21 any of the following, or any combination of the following,
22 before taking office:
23 (i) Teacher.
24 (ii) Superintendent.
25 (iii) Principal.
26 (iv) Executive in the field of education.
27 (e) (d) The secretary of education is the chief executive officer of
28 the department.
29 SECTION 14. IC 20-19-1-2 IS REPEALED [EFFECTIVE JULY 1,
30 2025]. Sec. 2. The secretary of education is designated to, and may
31 cooperate with, the Agricultural Marketing Service of the United States
32 Department of Agriculture and with other federal relief agencies in the
33 distribution of surplus agricultural commodities to the following:
34 (1) School corporations.
35 (2) Nonprofit nonpublic schools.
36 (3) Township and county relief agencies.
37 (4) Other nonprofit public and private institutions to which by law
38 the commodities may be distributed.
39 SECTION 15. IC 20-19-2-2.1, AS ADDED BY P.L.224-2015,
40 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2.1. (a) This section applies beginning June 1,
42 2015.
HB 1002—LS 7340/DI 110 39
1 (b) (a) The Indiana state board of education is established.
2 (c) (b) The state board may appoint an executive director. The
3 executive director may, with the approval of the state board, hire
4 personnel necessary to carry out the duties and responsibilities of the
5 state board under this title. The state board shall be funded by an
6 appropriation from the general assembly.
7 (d) (c) The state board and the department are considered state
8 educational authorities within the meaning of the federal Family
9 Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part
10 99).
11 SECTION 16. IC 20-19-2-4.5 IS REPEALED [EFFECTIVE JULY
12 1, 2025]. Sec. 4.5. (a) The advisory committee on career and technical
13 education is established to advise the state board on policy matters
14 concerning career and technical education. The advisory committee on
15 career and technical education consists of:
16 (1) the secretary of education or the secretary's designee; and
17 (2) seven (7) members appointed by the secretary of education.
18 (b) The following provisions apply to members of the advisory
19 committee on career and technical education:
20 (1) At least four (4) of the members must be actively employed as
21 area career and technical education directors in schools in Indiana
22 and hold a valid career and technical education director license.
23 (2) Not more than one (1) member may be from any secondary
24 area district in Indiana.
25 (3) Members serve at the pleasure of the secretary of education.
26 (c) The secretary of education or the secretary's designee serves as
27 the chairperson of the advisory committee on career and technical
28 education.
29 SECTION 17. IC 20-19-2-5 IS REPEALED [EFFECTIVE JULY 1,
30 2025]. Sec. 5. If the state board is required to conduct hearings under
31 IC 4-21.5-3, the state board may use hearing examiners who are not
32 members of the state board to conduct the hearings.
33 SECTION 18. IC 20-19-2-12 IS REPEALED [EFFECTIVE JULY
34 1, 2025]. Sec. 12. (a) The state board shall, in the manner provided by
35 IC 4-22-2, adopt rules setting forth nonbinding guidelines for the
36 selection of school sites and the construction, alteration, and repair of
37 school buildings, athletic facilities, and other categories of facilities
38 related to the operation and administration of school corporations. The
39 nonbinding guidelines must include:
40 (1) preferred location and building practices for school
41 corporations, including standards for enhancing health, student
42 safety, accessibility, energy efficiency, operating efficiency, and
HB 1002—LS 7340/DI 110 40
1 instructional efficacy;
2 (2) guidelines concerning minimum acreage, cost per square foot
3 or cost per ADM (as defined in IC 20-18-2-2), technology
4 infrastructure, building materials, per student square footage, and
5 other general space requirements, including space for academics,
6 administration and staff support, arts education and auditoriums,
7 libraries, cafeterias, athletics and physical education,
8 transportation facilities, and maintenance and repair facilities; and
9 (3) additional guidelines that the state board considers necessary
10 for efficient and cost effective construction of school facilities.
11 The state building commissioner, the office of management and budget,
12 and the department of local government finance shall, upon request of
13 the board, provide technical assistance as necessary for the
14 development of the guidelines.
15 (b) The state board shall annually compile, in a document capable
16 of easy revision, the:
17 (1) guidelines described in subsection (a); and
18 (2) rules of the:
19 (A) fire prevention and building safety commission; and
20 (B) Indiana department of health;
21 that govern site selection and the construction, alteration, and repair of
22 school buildings.
23 SECTION 19. IC 20-19-2-15 IS REPEALED [EFFECTIVE JULY
24 1, 2025]. Sec. 15. The state board shall comply with IC 20-26-15 to
25 establish a freeway school corporation and a freeway school.
26 SECTION 20. IC 20-19-2-23 IS REPEALED [EFFECTIVE JULY
27 1, 2025]. Sec. 23. (a) Not later than October 1, 2023, the state board,
28 in collaboration with the department, shall prepare a report that
29 includes, as applicable, any recommendations regarding the alignment
30 of science of reading concepts in IREAD.
31 (b) Not later than December 1, 2023, the state board shall submit the
32 report prepared under subsection (a) to the legislative council in an
33 electronic format under IC 5-14-6.
34 (c) This section expires July 1, 2024.
35 SECTION 21. IC 20-19-3-11.7, AS AMENDED BY P.L.200-2023,
36 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]: Sec. 11.7. (a) The department shall maintain a link on
38 the department's website that provides parents and school officials with
39 resources or best practices regarding the identification and reporting of
40 human trafficking. The resources must include
41 (1) guidance on how to report to law enforcement agencies
42 instances of human trafficking. and
HB 1002—LS 7340/DI 110 41
1 (2) information that may assist school officials in complying with
2 inservice training requirements under IC 20-28-3-7.
3 (b) The department shall consult with law enforcement agencies,
4 school officials, and organizations that have expertise in the prevention
5 of human trafficking for purposes of developing or providing the
6 resources or best practices described in subsection (a).
7 SECTION 22. IC 20-19-3-12.2, AS AMENDED BY P.L.233-2015,
8 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 12.2. (a) The department shall make reduction of
10 absenteeism in schools a policy priority and provide assistance and
11 guidance to school corporations and schools in:
12 (1) identifying contributing factors of absenteeism; and
13 (2) developing chronic absence reduction plans. that school
14 corporations may elect to include as a component of the school
15 improvement plans required under IC 20-31-5.
16 (b) The department shall provide resources and guidance to school
17 corporations concerning evidence based practices and effective
18 strategies that reduce absenteeism in schools. However, the department
19 may not mandate a particular policy within a chronic absence reduction
20 plan adopted by a school corporation or school.
21 SECTION 23. IC 20-19-3-16 IS REPEALED [EFFECTIVE JULY
22 1, 2025]. Sec. 16. The department shall:
23 (1) approve an early learning development framework for
24 prekindergarten; and
25 (2) post the framework described in subdivision (1) on the
26 department's Internet web site.
27 SECTION 24. IC 20-19-3-17, AS AMENDED BY P.L.150-2024,
28 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 17. (a) As used in this section, "foster care" has
30 the meaning set forth in IC 31-9-2-46.7.
31 (b) As used in this section, "foster care youth" means students in
32 foster care.
33 (c) As used in this section, "graduation rate" has the meaning set
34 forth in IC 20-26-13-6.
35 (d) The state board shall, in collaboration with the department and
36 the department of child services, annually prepare a report on foster
37 care youth educational outcomes that includes the following:
38 (1) The annual graduation rate of foster care youth, including the
39 following information:
40 (A) The graduation rate for each of the following:
41 (i) Foster care youth who received a waiver from
42 postsecondary readiness competency requirements under
HB 1002—LS 7340/DI 110 42
1 IC 20-32-4-4.1.
2 (ii) Foster care youth who did not receive a waiver from
3 postsecondary readiness competency requirements under
4 IC 20-32-4-4.1.
5 (B) The number and percentage of foster care youth who
6 received each type of diploma.
7 (2) The adjusted cohort graduation rate for foster care youth,
8 including the adjusted cohort graduation rate for each of the
9 following:
10 (A) Foster care youth who received a waiver from
11 postsecondary readiness competency requirements under
12 IC 20-32-4-4.1.
13 (B) Foster care youth who did not receive a waiver from
14 postsecondary readiness competency requirements under
15 IC 20-32-4-4.1.
16 (3) The number and percentage for each of the following:
17 (A) Foster care youth who were promoted to the next grade
18 level at the end of the school year.
19 (B) Foster care youth who were retained in the same grade
20 level for the next school year.
21 (C) Foster care youth who were suspended during the school
22 year.
23 (D) Foster care youth who were expelled during the school
24 year.
25 (E) Foster care youth who met academic standards on
26 statewide assessment program tests (as defined in
27 IC 20-32-2-2.3) administered during the school year.
28 The information reported under this subdivision must also be
29 disaggregated by race, grade, gender, free or reduced price lunch
30 status, and eligibility for special education.
31 (4) The number and percentage of eligible foster care youth who
32 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
33 (5) The number and percentage of foster care youth who passed
34 the reading skills evaluation administered under IC 20-32-8.5-2.
35 (6) The number and percentage of foster care youth enrolled in
36 schools, disaggregated by the category or designation of the
37 school under IC 20-31-8-3.
38 (7) The number and percentage of foster care youth enrolled in
39 schools, disaggregated by the type of school, including public
40 schools, charter schools, and secure private facilities (as defined
41 in IC 31-9-2-115).
42 (e) Not later than June 30, 2019, the department shall:
HB 1002—LS 7340/DI 110 43
1 (1) after consulting with the department of child services, develop
2 a remediation plan concerning foster care youth; and
3 (2) submit a copy of the remediation plan to the following:
4 (A) The state board.
5 (B) The department of child services.
6 (C) The legislative council in an electronic format under
7 IC 5-14-6.
8 (f) Before April 1, 2019, and before (e) Not later than April 1 of
9 each year, thereafter, the department shall submit the report described
10 in subsection (d) to the following:
11 (1) Department of child services.
12 (2) Legislative council in an electronic format under IC 5-14-6.
13 SECTION 25. IC 20-19-3-18, AS AMENDED BY P.L.150-2024,
14 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 18. (a) As used in this section, "graduation rate"
16 has the meaning set forth in IC 20-26-13-6.
17 (b) The state board shall, in collaboration with the department and
18 the department of child services, annually prepare a report on homeless
19 youth educational outcomes that includes the following:
20 (1) The annual graduation rate of homeless youth, including the
21 following information:
22 (A) The graduation rate for each of the following:
23 (i) Homeless youth who received a waiver from
24 postsecondary readiness competency requirements under
25 IC 20-32-4-4.1.
26 (ii) Homeless youth who did not receive a waiver from
27 postsecondary readiness competency requirements under
28 IC 20-32-4-4.1.
29 (B) The number and percentage of homeless youth who
30 received each type of diploma.
31 (2) The adjusted cohort graduation rate for homeless youth,
32 including the adjusted cohort graduation rate for each of the
33 following:
34 (A) Homeless youth who received a waiver from
35 postsecondary readiness competency requirements under
36 IC 20-32-4-4.1.
37 (B) Homeless youth who did not receive a waiver from
38 postsecondary readiness competency requirements under
39 IC 20-32-4-4.1.
40 (3) The number and percentage of each of the following:
41 (A) Homeless youth who were promoted to the next grade
42 level at the end of the school year.
HB 1002—LS 7340/DI 110 44
1 (B) Homeless youth who were retained in the same grade level
2 for the next school year.
3 (C) Homeless youth who were suspended during the school
4 year.
5 (D) Homeless youth who were expelled during the school year.
6 (E) Homeless youth who met academic standards on statewide
7 assessment program tests (as defined in IC 20-32-2-2.3)
8 administered during the school year.
9 The information reported under this subdivision must also be
10 disaggregated by race, grade, gender, free or reduced price lunch
11 status, and eligibility for special education.
12 (4) The number and percentage of eligible homeless youth who
13 are enrolled in the prekindergarten program under IC 12-17.2-7.2.
14 (5) The number and percentage of homeless youth who passed the
15 reading skills evaluation administered under IC 20-32-8.5-2.
16 (6) The number and percentage of homeless youth enrolled in
17 schools, disaggregated by the category or designation of the
18 school under IC 20-31-8-3.
19 (7) The number and percentage of homeless youth enrolled in
20 schools, disaggregated by the type of school, including public
21 schools, charter schools, and secure private facilities (as defined
22 in IC 31-9-2-115).
23 (c) Not later than August 31, 2019, the department shall:
24 (1) develop a remediation plan concerning homeless youth; and
25 (2) submit a copy of the remediation plan to the following:
26 (A) The state board.
27 (B) The Indiana housing and community development
28 authority established by IC 5-20-1-3.
29 (C) The legislative council in an electronic format under
30 IC 5-14-6.
31 (d) Before June 1, 2019, and before (c) Not later than June 1 of
32 each year, thereafter, the department shall submit the report described
33 in subsection (b) to the following:
34 (1) The Indiana housing and community development authority.
35 (2) The legislative council in an electronic format under
36 IC 5-14-6.
37 SECTION 26. IC 20-19-3-23.5 IS REPEALED [EFFECTIVE JULY
38 1, 2025]. Sec. 23.5. (a) The department shall establish a career
39 coaching pilot program to award grants to school corporations to
40 establish career coaching programs for students of the school
41 corporation.
42 (b) The department shall do the following:
HB 1002—LS 7340/DI 110 45
1 (1) Establish requirements for participation in the pilot program.
2 (2) Select school corporations to participate in the pilot program.
3 (3) Determine the amount of and award grants to school
4 corporations under the pilot program.
5 (4) Collect information regarding the career coaching programs
6 implemented by the school corporations participating in the pilot
7 program.
8 (5) Collect information from the following individuals or entities
9 participating in the career coaching pilot program:
10 (A) Counselors.
11 (B) Third party vendors.
12 (C) Any other appropriate individuals or entities, as
13 determined by the department.
14 (c) The department shall require that career coaching programs
15 implemented by a school corporation use:
16 (1) a counselor employed by the school corporation;
17 (2) a third party vendor that provides career coaching services; or
18 (3) both counselors and third party vendors.
19 However, at least one (1) school corporation shall use a third party
20 vendor that provides career coaching services, instead of or in addition
21 to a counselor employed by a school corporation, in the school
22 corporation's career coaching program.
23 (d) Not later than November 1, 2022, and not later than November
24 1 each year thereafter, the department shall prepare and submit to the
25 legislative council in an electronic format under IC 5-14-6 a report that
26 provides information concerning the pilot program.
27 (e) This section expires July 1, 2025.
28 SECTION 27. IC 20-19-3-24, AS ADDED BY P.L.216-2021,
29 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 24. (a) Not later than January 1, 2022, the
31 department shall make informational material that is evidence based
32 and trauma informed in accordance with IC 20-28-5-26 IC 20-28-3-11
33 available on the department's Internet web site. website.
34 (b) Not later than January 1, 2022, and each January 1 thereafter, of
35 each year, the department shall provide a notice to each school
36 corporation and charter school on how to access the information
37 maintained on the department's Internet web site website under
38 subsection (a). The notice shall indicate that the school corporation or
39 charter school may, and is encouraged to, distribute the informational
40 material to the school corporation's or charter school's employees in a
41 manner prescribed by the school corporation or charter school.
42 SECTION 28. IC 20-19-3-26 IS REPEALED [EFFECTIVE JULY
HB 1002—LS 7340/DI 110 46
1 1, 2025]. Sec. 26. (a) The department shall apply to the United States
2 Department of Education for assessment flexibility.
3 (b) The application submitted in accordance with subsection (a)
4 must include the following:
5 (1) A plan to administer a statewide summative examination in
6 grade 3, grade 5, grade 8, and grade 11.
7 (2) A plan to assist schools in the assessment of subject matter
8 mastery in grades in which a statewide summative examination is
9 not administered.
10 (3) A plan to implement the approved assessment changes in
11 conjunction with the implementation of revised academic
12 standards required under IC 20-31-3-1(d).
13 SECTION 29. IC 20-19-3-31 IS REPEALED [EFFECTIVE JULY
14 1, 2025]. Sec. 31. (a) This section applies to a public school, including
15 a charter school.
16 (b) As used in this section, "virtual course" refers to a high school
17 course offered at a public high school in which more than fifty percent
18 (50%) of the course instruction was provided to students in an
19 interactive learning environment created through technology in which
20 the student is separated from the teacher by time, space, or both.
21 (c) The state board, in collaboration with the department, shall
22 create a process to allow a student who is presently enrolled in grade
23 9 through grade 12 at a public high school to retake a virtual course
24 that the student previously completed in grade 9 through grade 12 at
25 the same public high school if the following conditions are met:
26 (1) The student was enrolled in grade 9 through grade 12 during
27 the 2019 through 2022 school years at the time the student
28 completed the virtual course.
29 (2) The student completed the virtual course as a result of a state
30 or federal executive order concerning the public health emergency
31 caused by the coronavirus disease (COVID-19) pandemic.
32 (3) The student has not yet graduated or completed high school.
33 (d) If a student elects to retake a virtual course under subsection (c),
34 the:
35 (1) retaken course must provide instruction regarding the same
36 subject matter and content as the previously completed virtual
37 course;
38 (2) retaken course must not be a virtual course;
39 (3) student must receive full credit for the retaken course upon
40 completion; and
41 (4) grade received by the student upon completion of the retaken
42 course must replace the grade received by the student in the
HB 1002—LS 7340/DI 110 47
1 previously completed virtual course.
2 (e) If a student:
3 (1) retook and completed a course under the conditions described
4 in subsection (c) prior to July 1, 2023; and
5 (2) makes a request to the superintendent to receive full credit and
6 a replacement grade for the retaken course;
7 the student must receive full credit for the retaken course, and the grade
8 received by the student upon completion of the retaken course must
9 replace the grade received by the student in the previously completed
10 virtual course.
11 (f) The state board and the department may adopt rules under
12 IC 4-22-2 to implement this section.
13 SECTION 30. IC 20-19-3-32 IS REPEALED [EFFECTIVE JULY
14 1, 2025]. Sec. 32. Not later than November 1, 2024, the secretary of
15 education shall prepare and submit to the general assembly in an
16 electronic format under IC 5-14-6 a plan to establish a pilot program
17 that provides innovative approaches concerning the use, operation, and
18 management of school facilities to promote:
19 (1) enhanced learning environments;
20 (2) unique learning opportunities; and
21 (3) improved student academic and health outcomes.
22 SECTION 31. IC 20-19-3-33 IS REPEALED [EFFECTIVE JULY
23 1, 2025]. Sec. 33. Not later than November 1, 2024, the secretary of
24 education shall prepare and submit to the general assembly in an
25 electronic format under IC 5-14-6 a plan to establish a pilot program
26 that encompasses innovative approaches for increasing transportation
27 of students enrolled at a:
28 (1) public school, including a charter school; or
29 (2) nonpublic school with at least one (1) employee;
30 to travel to and from a school or other learning opportunities in a safe
31 and efficient manner.
32 SECTION 32. IC 20-19-6.2 IS REPEALED [EFFECTIVE JULY 1,
33 2025]. (Indiana Family Friendly School Designation).
34 SECTION 33. IC 20-19-10 IS REPEALED [EFFECTIVE JULY 1,
35 2025]. (Indiana Civic Education Commission).
36 SECTION 34. IC 20-20-1-1, AS ADDED BY P.L.1-2005,
37 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 1. As used in this chapter, "board" refers to the
39 local governing board of an educational service center described in
40 section 7 of this chapter.
41 SECTION 35. IC 20-20-1-13 IS REPEALED [EFFECTIVE JULY
42 1, 2025]. Sec. 13. If an education service center offers inservice
HB 1002—LS 7340/DI 110 48
1 training or other teacher training programs, the education service center
2 may offer courses for teachers on dyslexia screening and appropriate
3 interventions, including courses relating to a structured literacy
4 approach that is systematic, explicit, multisensory, and phonetic.
5 SECTION 36. IC 20-20-12 IS REPEALED [EFFECTIVE JULY 1,
6 2025]. (Program for the Advancement of Math and Science).
7 SECTION 37. IC 20-20-13-2 IS REPEALED [EFFECTIVE JULY
8 1, 2025]. Sec. 2. As used in sections 13 through 24 of this chapter,
9 "group" includes the school corporations that are placed in a group of
10 school corporations under sections 13 through 24 of this chapter.
11 SECTION 38. IC 20-20-13-9, AS AMENDED BY P.L.242-2017,
12 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 9. (a) This section applies to the 4R's technology
14 program described in section 6(a)(1) of this chapter.
15 (b) In addition to any other funds available under this chapter, if
16 state funds are transferred under IC 20-32-5-19 (before its expiration
17 on July 1, 2018) to the 4R's technology program:
18 (1) those funds do not revert to the state general fund;
19 (2) those funds shall be made available to the 4R's technology
20 program under this chapter; and
21 (3) the department, upon approval by the governor and the budget
22 agency, shall use those funds to award grants under this section.
23 (c) To be eligible to receive a grant under the program, a school
24 corporation must comply with the following:
25 (1) The school corporation must apply to the department for a
26 grant on behalf of a school within the school corporation to
27 purchase technology equipment.
28 (2) The school corporation must certify the following:
29 (A) That the school will provide every kindergarten and grade
30 1 student at that school the opportunity to learn reading,
31 writing, and arithmetic using technology.
32 (B) That the school will provide daily before or after school
33 technology laboratories for students in grades 1 through 3 who
34 have been identified as needing remediation in reading,
35 writing, or arithmetic.
36 (C) That the school will provide additional technology
37 opportunities, that may include Saturday sessions, for students
38 in other grade levels to use the technology laboratories for
39 remediation in reading, writing, arithmetic, or mathematics.
40 (D) That the school will provide technology opportunities to
41 students that attend remediation programs under IC 20-32-8 (if
42 the school corporation is required to do so) or any other
HB 1002—LS 7340/DI 110 49
1 additional summer programs.
2 (E) That the school corporation, either through its own or the
3 school's initiative, is able to provide a part of the costs
4 attributable to purchasing the necessary technology equipment.
5 (3) The school corporation must include in the application the
6 sources of and the amount of money secured under subdivision
7 (2)(E).
8 (4) The school corporation or the school must:
9 (A) provide teacher training services; or
10 (B) use vendor provided teacher training services.
11 (5) The school corporation must give primary consideration to the
12 purchase of technology equipment that includes teacher training
13 services.
14 (6) The teachers who will be using the technology equipment
15 must support the initiative described in this chapter.
16 (d) Upon review of the applications by the department, the
17 satisfaction of the requirements set forth in subsection (c), and subject
18 to the availability of funds for this purpose, the department shall award
19 to each eligible school corporation a grant to purchase technology
20 equipment under section 6(a)(1) of this chapter.
21 (e) The department shall monitor the compliance by the school
22 corporations receiving grants of the matters cited in subsection (c).
23 SECTION 39. IC 20-20-13-19 IS REPEALED [EFFECTIVE JULY
24 1, 2025]. Sec. 19. (a) The department shall list all school corporations
25 in Indiana according to assessed valuation for property tax purposes per
26 student in current ADM, as determined in section 17 of this chapter,
27 beginning with the school corporation having the lowest assessed
28 valuation for property tax purposes per student in current ADM. For
29 purposes of the list made under this section, the Indiana School for the
30 Blind and Visually Impaired established by IC 20-21-2-1 and the
31 Indiana School for the Deaf established by IC 20-22-2-1 shall be
32 considered to have the lowest assessed valuation for property tax
33 purposes per student in current ADM during the six (6) year period
34 beginning July 1, 2001.
35 (b) The department must prepare a revised list under subsection (a)
36 before a new series of grants may begin.
37 (c) The department shall determine those school corporations to be
38 placed in a group to receive a grant in a fiscal year under sections 13
39 through 24 of this chapter as follows:
40 (1) Beginning with the school corporation that is first on the list
41 developed under subsection (a), the department shall continue
42 sequentially through the list and place school corporations that
HB 1002—LS 7340/DI 110 50
1 qualify for a grant under section 15 of this chapter in a group until
2 the cumulative total current ADM of all school corporations in the
3 group depletes the money that is available for grants in the fiscal
4 year.
5 (2) Each fiscal year the department shall develop a new group by
6 continuing sequentially through the list beginning with the first
7 qualifying school corporation on the list that was not placed in a
8 group in the prior fiscal year.
9 (3) If the final group developed from the list contains substantially
10 fewer students in current ADM than available money, the
11 department shall:
12 (A) prepare a revised list of school corporations under
13 subsection (a); and
14 (B) place in the group qualifying school corporations from the
15 top of the revised list.
16 (4) The department shall label the groups with sequential
17 numbers beginning with "group one".
18 SECTION 40. IC 20-20-16 IS REPEALED [EFFECTIVE JULY 1,
19 2025]. (Access to Telecommunications Service).
20 SECTION 41. IC 20-20-18 IS REPEALED [EFFECTIVE JULY 1,
21 2025]. (Elementary School Counselors, Social Workers, and School
22 Psychologists Program and Fund).
23 SECTION 42. IC 20-20-18.5 IS REPEALED [EFFECTIVE JULY
24 1, 2025]. (Grants for Mental Health Counselor Licenses for School
25 Counselors).
26 SECTION 43. IC 20-20-24 IS REPEALED [EFFECTIVE JULY 1,
27 2025]. (Arts Education Program).
28 SECTION 44. IC 20-20-37 IS REPEALED [EFFECTIVE JULY 1,
29 2025]. (Dropout Prevention).
30 SECTION 45. IC 20-20-37.4 IS REPEALED [EFFECTIVE JULY
31 1, 2025]. (Geothermal Conversion Revolving Fund).
32 SECTION 46. IC 20-20-38.5-2, AS ADDED BY P.L.140-2022,
33 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 2. (a) Not later than December 31, 2022, The
35 department shall maintain a:
36 (1) issue a request for proposals in the manner set forth under
37 IC 5-22-9 for the purpose of contracting contract with a company
38 to provide; or
39 (2) enter into a memorandum of understanding:
40 (A) with a statewide entity that represents business interests in
41 multiple industries; and
42 (B) that provides that the entity agrees to facilitate the
HB 1002—LS 7340/DI 110 51
1 procurement of;
2 adequate employer liability and worker's compensation insurance
3 coverage for an employer described in section 3 of this chapter.
4 (b) The total amount of funds that the department may expend to
5 implement this section must be less than one hundred thousand dollars
6 ($100,000).
7 SECTION 47. IC 20-20-38.5-4, AS ADDED BY P.L.140-2022,
8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 4. If the department
10 (1) does not receive a satisfactory response to a request for
11 proposals under section 2(a)(1) of this chapter; and
12 (2) is unable to enter into maintain a contract or memorandum
13 of understanding under section 2(a)(2) 2(a) of this chapter,
14 the department is not required to maintain a contract with a company
15 or enter into a memorandum of understanding as provided under
16 section 2 of this chapter.
17 SECTION 48. IC 20-20-39-1 IS REPEALED [EFFECTIVE JULY
18 1, 2025]. Sec. 1. Before October 1, 2011, the department shall develop
19 a program to provide training and evaluations for school corporations
20 in operational efficiency.
21 SECTION 49. IC 20-20-39-2 IS REPEALED [EFFECTIVE JULY
22 1, 2025]. Sec. 2. The department may contract with an outside entity to
23 provide quality training for the department, school corporations, and
24 superintendents in the area of efficiency and cost savings.
25 SECTION 50. IC 20-20-41-1, AS AMENDED BY P.L.251-2017,
26 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 1. The department, with the approval of the state
28 board, shall establish and maintain a dual language immersion pilot
29 program to provide grants, in an amount not to exceed fifty thousand
30 dollars ($50,000), to school corporations and charter schools that
31 establish dual language immersion programs in:
32 (1) Chinese;
33 (2) Spanish;
34 (3) French; or
35 (4) any other language approved by the department.
36 SECTION 51. IC 20-20-41-4, AS ADDED BY P.L.226-2015,
37 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 4. (a) The dual language immersion pilot program
39 fund is established to be used to provide grants under this chapter.
40 (b) The fund consists of:
41 (1) appropriations made by the general assembly; and
42 (2) gifts and donations to the fund.
HB 1002—LS 7340/DI 110 52
1 (c) The fund shall be administered by the department.
2 (d) The expenses of administering the fund shall be paid from
3 money in the fund.
4 (e) Money in the fund at the end of a state fiscal year does not revert
5 to the state general fund.
6 (f) The treasurer of state shall invest the money in the fund not
7 currently needed to meet the obligations of the fund in the same
8 manner as other public funds may be invested.
9 SECTION 52. IC 20-24-3-3 IS REPEALED [EFFECTIVE JULY 1,
10 2025]. Sec. 3. The organizer's constitution, charter, articles, or bylaws
11 must contain a clause providing that upon the cessation of operation of
12 the charter school:
13 (1) the remaining assets of the charter school shall be distributed
14 first to satisfy outstanding payroll obligations for employees of the
15 charter school, then to creditors of the charter school, then to any
16 outstanding debt to the common school fund; and
17 (2) the remaining funds received from the department shall be
18 returned to the department not more than thirty (30) days after the
19 charter school ceases operation due to:
20 (A) closure of the charter school;
21 (B) nonrenewal of the charter school's charter; or
22 (C) revocation of the charter school's charter.
23 If the assets of the charter school are insufficient to pay all parties to
24 whom the charter school owes compensation under subdivision (1), the
25 priority of the distribution of assets may be determined by a court.
26 SECTION 53. IC 20-24-3-4, AS AMENDED BY P.L.250-2017,
27 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 4. (a) An organizer may submit to the authorizer
29 a proposal to establish a charter school.
30 (b) A proposal must contain at least the following information:
31 (1) Identification of the organizer.
32 (2) A description of the organizer's organizational structure and
33 governance plan.
34 (3) The following information for the proposed charter school:
35 (A) Name.
36 (B) Purposes.
37 (C) Governance structure.
38 (D) Management structure.
39 (E) Educational mission goals.
40 (F) Curriculum and instructional methods.
41 (G) Methods of pupil assessment.
42 (H) Admission policy and criteria, subject to IC 20-24-5.
HB 1002—LS 7340/DI 110 53
1 (I) School calendar.
2 (J) Age or grade range of students to be enrolled.
3 (K) A description of staff responsibilities.
4 (L) A description of the physical plant.
5 (M) Budget and financial plans.
6 (N) Personnel plan, including methods for selection, retention,
7 and compensation of employees.
8 (O) Transportation plan.
9 (P) Discipline program, subject to IC 20-24-5.5.
10 (Q) Plan for compliance with any applicable desegregation
11 order.
12 (R) The date when the charter school is expected to:
13 (i) begin school operations; and
14 (ii) have students attending the charter school.
15 (S) The arrangement for providing teachers and other staff
16 with health insurance, retirement benefits, liability insurance,
17 and other benefits.
18 (T) Any other applications submitted to an authorizer in the
19 previous five (5) years.
20 (4) The manner in which the authorizer must conduct an annual
21 audit of the program operations of the charter school.
22 (c) Beginning July 1, 2017, at the time an organizer submits a
23 proposal under subsection (a), the organizer shall submit to the
24 authorizer and department a statement of economic interest that
25 contains the same information specified under IC 3-8-9-8 for each
26 board member of the proposed charter school.
27 (d) (c) In the case of a charter school proposal from an applicant that
28 currently operates one (1) or more charter schools in any state or
29 nation, the request for proposals shall additionally require the applicant
30 to provide evidence of past performance and current capacity for
31 growth.
32 (e) (d) If the proposal described in subsection (a) concerns an
33 existing charter school overseen by a different authorizer than the
34 authorizer to which the organizer is submitting the proposal, the
35 proposal must include written acknowledgement of the proposal from
36 the current authorizer. Additionally, the authorizer receiving the
37 proposal shall consult with the current authorizer before granting
38 approval of the proposal. the authorizer receiving the proposal shall
39 consult with the current authorizer before granting approval of the
40 proposal.
41 (f) (e) This section does not waive, limit, or modify the provisions
42 of:
HB 1002—LS 7340/DI 110 54
1 (1) IC 20-29 in a charter school where the teachers have chosen
2 to organize under IC 20-29; or
3 (2) an existing collective bargaining agreement for noncertificated
4 employees (as defined in IC 20-29-2-11).
5 SECTION 54. IC 20-24-3-6 IS REPEALED [EFFECTIVE JULY 1,
6 2025]. Sec. 6. (a) Except as provided in subsection (b), if a governing
7 body grants a charter to establish a charter school, the governing body
8 must provide a noncharter school that students of the same age or grade
9 levels may attend.
10 (b) The department may waive the requirement that a governing
11 body provide a noncharter school under subsection (a) upon the request
12 of the governing body.
13 SECTION 55. IC 20-24-4-1, AS AMENDED BY P.L.150-2024,
14 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 1. (a) A charter must meet the following
16 requirements:
17 (1) Be a written instrument.
18 (2) Be executed by an authorizer and an organizer.
19 (3) Confer certain rights, franchises, privileges, and obligations
20 on a charter school.
21 (4) Confirm the status of a charter school as a public school.
22 (5) Subject to subdivision (6)(E), be granted for:
23 (A) not less than three (3) years or more than fifteen (15)
24 years; and
25 (B) a fixed number of years agreed to by the authorizer and the
26 organizer.
27 (6) Provide for the following:
28 (A) A review by the authorizer of the charter school's
29 performance, including the progress of the charter school in
30 achieving the academic goals set forth in the charter, at least
31 one (1) time in each five (5) year period while the charter is in
32 effect.
33 (B) Renewal, if the authorizer and the organizer agree to renew
34 the charter.
35 (C) The renewal application must include guidance from the
36 authorizer, and the guidance must include the performance
37 criteria that will guide the authorizer's renewal decisions.
38 (D) The renewal application process must, at a minimum,
39 provide an opportunity for the charter school to:
40 (i) present additional evidence, beyond the data contained in
41 the performance report, supporting its case for charter
42 renewal;
HB 1002—LS 7340/DI 110 55
1 (ii) describe improvements undertaken or planned for the
2 charter school; and
3 (iii) detail the charter school's plans for the next charter
4 term.
5 (E) Not later than the end of the calendar year in which the
6 charter school seeks renewal of a charter, the governing board
7 of a charter school seeking renewal shall submit a renewal
8 application to the charter authorizer under the renewal
9 application guidance issued by the authorizer. The authorizer
10 shall make a final ruling on the renewal application not later
11 than April 1 after the filing of the renewal application. A
12 renewal granted under this clause is not subject to the three (3)
13 year minimum described in subdivision (5). The April 1
14 deadline does not apply to any review or appeal of a final
15 ruling. After the final ruling is issued, the charter school may
16 obtain further review by the authorizer of the authorizer's final
17 ruling in accordance with the terms of the charter school's
18 charter and the protocols of the authorizer.
19 (7) Specify the grounds for the authorizer to:
20 (A) revoke the charter before the end of the term for which the
21 charter is granted; or
22 (B) not renew a charter.
23 (8) Set forth the methods by which the charter school will be held
24 accountable for achieving the educational mission and goals of
25 the charter school, including the following:
26 (A) Evidence of improvement in:
27 (i) assessment measures, including the statewide assessment
28 program measures;
29 (ii) attendance rates;
30 (iii) graduation rates (if appropriate);
31 (iv) increased numbers of Indiana diplomas with a Core 40
32 designation or increased numbers of Indiana diploma
33 designations established under IC 20-19-2-21 and other
34 college and career ready indicators including advanced
35 placement participation and passage, dual credit
36 participation and passage, and International Baccalaureate
37 participation and passage (if appropriate);
38 (v) increased numbers of Indiana diplomas with Core 40
39 with academic honors and technical honors designations (if
40 appropriate);
41 (vi) student academic growth;
42 (vii) financial performance and stability; and
HB 1002—LS 7340/DI 110 56
1 (viii) governing board performance and stewardship,
2 including compliance with applicable laws, rules and
3 regulations, and charter terms.
4 (B) Evidence of progress toward reaching the educational
5 goals set by the organizer.
6 (9) Describe the method to be used to monitor the charter
7 school's:
8 (A) compliance with applicable law; and
9 (B) performance in meeting targeted educational performance.
10 (10) Specify that the authorizer and the organizer may amend the
11 charter during the term of the charter by mutual consent and
12 describe the process for amending the charter.
13 (11) Describe specific operating requirements, including all the
14 matters set forth in the application for the charter.
15 (12) Specify a date when the charter school will:
16 (A) begin school operations; and
17 (B) have students attending the charter school.
18 (13) Specify that records of a charter school relating to the
19 school's operation and charter are subject to inspection and
20 copying to the same extent that records of a public school are
21 subject to inspection and copying under IC 5-14-3.
22 (14) Specify that records provided by the charter school to the
23 department or authorizer that relate to compliance by the
24 organizer with the terms of the charter or applicable state or
25 federal laws are subject to inspection and copying in accordance
26 with IC 5-14-3.
27 (15) Specify that the charter school is subject to the requirements
28 of IC 5-14-1.5.
29 (16) This subdivision applies to a charter established or renewed
30 for an adult high school after June 30, 2014. The charter must
31 require:
32 (A) that the school will offer flexible scheduling;
33 (B) that students will not complete the majority of instruction
34 of the school's curriculum online or through remote
35 instruction;
36 (C) that the school will offer dual credit or industry
37 certification course work that aligns with career pathways as
38 recommended by the Indiana career council established by
39 IC 22-4.5-9-3 (expired); and
40 (D) a plan:
41 (i) to support successful program completion and to assist
42 transition of graduates to the workforce or to a
HB 1002—LS 7340/DI 110 57
1 postsecondary education upon receiving a diploma from the
2 adult high school; and
3 (ii) to review individual student accomplishments and
4 success after a student receives a diploma from the adult
5 high school.
6 (b) A charter school shall set annual performance targets in
7 conjunction with the charter school's authorizer. The annual
8 performance targets shall be designed to help each school meet
9 applicable federal, state, and authorizer expectations.
10 SECTION 56. IC 20-24-4-1.5, AS ADDED BY P.L.280-2013,
11 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 1.5. (a) Before an authorizer may issue a charter
13 to an organizer that has had its charter terminated or has been informed
14 that its charter will not be renewed by the organizer's current
15 authorizer, the authorizer must request to have the proposal reviewed
16 by the state board at a hearing. organizer that has received written
17 notice from its current authorizer that its charter will be revoked
18 or will not be renewed may receive a charter from another
19 authorizer, the authorizer must request to have the proposal
20 reviewed by the state board at a hearing unless the notice of
21 revocation or nonrenewal is received by the organizer after the
22 organizer has informed its current authorizer that it is seeking to
23 change authorizers.
24 (b) The state board shall conduct a hearing in which the authorizer
25 must present information indicating that the organizer's proposal is
26 substantively different in the areas of deficiency identified by the
27 current authorizer from the organizer's current proposal as set forth
28 within the charter with its current authorizer.
29 (b) (c) After the state board conducts a hearing under subsection (a),
30 (b), the state board shall either approve or deny the proposal. If the
31 proposal is denied by the state board, the authorizer may not issue a
32 charter to the organizer.
33 SECTION 57. IC 20-24-7-1, AS AMENDED BY P.L.218-2015,
34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 1. (a) The organizer is the fiscal agent for the
36 charter school.
37 (b) The organizer has exclusive control of:
38 (1) funds received by the charter school; and
39 (2) financial matters of the charter school.
40 (c) The organizer shall maintain accounts of all funds received and
41 disbursed by the organizer. The organizer shall maintain separate
42 accountings of all funds received and disbursed by each charter school
HB 1002—LS 7340/DI 110 58
1 it holds.
2 (d) Notwithstanding IC 20-43, an organizer that operates more than
3 one (1) charter school may file, before July 1 of each year, a notice with
4 the department that the organizer desires to receive the tuition support
5 distributions, and in the case of an adult high school (as defined in
6 IC 20-24-1-2.3), funding provided in the state biennial budget for adult
7 high schools, for all the charter schools the organizer operates. After
8 the organizer's authorizer or authorizers verify to the department that
9 the organizer operates the charter schools, the department shall
10 distribute the tuition support, and in the case of an adult high school (as
11 defined in IC 20-24-1-2.3), funding provided in the state biennial
12 budget for adult high schools, for the verified charter schools to the
13 organizer. The organizer may distribute the tuition support distribution
14 it receives to each charter school it operates in the amounts determined
15 by the organizer. However, an organizer that receives money from the
16 state under this subsection may not use any of the money received for
17 expenses incurred outside Indiana that are not directly related to the
18 charter school the organizer operates in Indiana.
19 (e) Organizers receiving tuition support under this section may
20 submit a consolidated audit in accordance with guidelines established
21 by the state examiner and submit any required financial reporting to the
22 department in a manner prescribed by the state examiner. The state
23 examiner shall establish guidelines and prescribe reporting
24 requirements for organizers under this section that are consistent with
25 generally accepted accounting principles (GAAP) and the needs of the
26 department. A consolidated audit must include a breakdown of the
27 activities, financial position, and functional expenses for each
28 charter school.
29 SECTION 58. IC 20-24-7-9, AS AMENDED BY P.L.250-2017,
30 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 9. (a) This section applies if:
32 (1) an authorizer:
33 (A) revokes a charter before the end of the term for which the
34 charter is granted; or
35 (B) does not renew a charter; or
36 (2) a charter school otherwise terminates its charter before the end
37 of the term for which the charter is granted.
38 (b) Any state funds that remain to be distributed to the charter
39 school in the state fiscal year in which an event described in subsection
40 (a) occurs shall continue to be distributed to the entities that
41 distributed the funds to the charter school A distribution under this
42 subsection must be on a pro rata basis. for as long as the charter
HB 1002—LS 7340/DI 110 59
1 school continues to operate in accordance with state law and its
2 charter.
3 (c) Upon the cessation of the operation of a charter school, the
4 following apply:
5 (1) Any funds that remain to be distributed to the charter
6 school may not be distributed to the charter school.
7 (2) The remaining assets of the charter school must be
8 distributed first to satisfy outstanding payroll obligations for
9 employees of the charter school, then to creditors of the
10 charter school, then to any outstanding debt to the common
11 school fund.
12 (3) The remaining funds received from the department must
13 be returned to the department not more than thirty (30) days
14 after the charter school ceases operation due to:
15 (A) closure of the charter school;
16 (B) nonrenewal of the charter school's charter; or
17 (C) revocation of the charter school's charter.
18 (d) If the assets of the charter school are insufficient to pay all
19 parties to whom the charter school owes compensation under
20 subsection (c)(2), the priority of the distribution of assets may be
21 determined by a court.
22 (e) A charter school's articles or bylaws may not contain
23 language that is inconsistent with the requirements of this section.
24 SECTION 59. IC 20-24-7-11 IS REPEALED [EFFECTIVE JULY
25 1, 2025]. Sec. 11. (a) If the United States Department of Education
26 approves a new competition for states to receive matching funds for
27 charter school facilities, the department shall pursue this federal
28 funding.
29 (b) To increase the state's opportunity to receive matching funds
30 from the United States Department of Education, the department shall
31 develop a facilities incentive grants program before January 1, 2010.
32 (c) The department shall use the priority criteria set forth in 21
33 U.S.C. 7221d(b) and 34 CFR 226.12 through 34 CFR 226.14 to
34 develop the facilities incentive grants program.
35 SECTION 60. IC 20-24-7-13, AS AMENDED BY P.L.201-2023,
36 SECTION 154, IS AMENDED TO READ AS FOLLOWS
37 [EFFECTIVE JULY 1, 2025]: Sec. 13. (a) After June 30, 2019, A
38 virtual charter school may only apply for authorization with any
39 statewide authorizer in accordance with the authorizer's guidelines.
40 After June 30, 2019, A virtual charter school that has a charter on June
41 30, 2019, may renew a charter only with a statewide authorizer. An
42 authorizer described in IC 20-24-1-2.5(1) and IC 20-24-1-2.5(3) is not
HB 1002—LS 7340/DI 110 60
1 considered a statewide authorizer.
2 (b) For each state fiscal year, a virtual charter school is entitled to
3 receive funding in a month from the state in an amount equal to:
4 (1) the quotient of:
5 (A) the school's basic tuition support determined under
6 IC 20-43-6-3; divided by
7 (B) twelve (12); plus
8 (2) the total of any:
9 (A) special education grants under IC 20-43-7;
10 (B) career and technical education grants under IC 20-43-8;
11 (C) non-English speaking program grants under
12 IC 20-43-10-4; and
13 (D) academic performance grants under IC 20-43-10.5;
14 to which the virtual charter school is entitled for the month.
15 For each state fiscal year, a virtual charter school's special education
16 grants under IC 20-43-7 shall be calculated in the same manner as
17 special education grants are calculated for other school corporations.
18 (c) The state board shall adopt rules under IC 4-22-2 to govern the
19 operation of virtual charter schools.
20 (d) Each authorizer of a virtual charter school shall establish
21 requirements or guidelines for virtual charter schools authorized by the
22 authorizer that include the following:
23 (1) Minimum requirements for the mandatory annual onboarding
24 process and orientation required under IC 20-24-5-4.5, which
25 shall include a requirement that a virtual charter school must
26 provide to a parent of a student:
27 (A) the student engagement and attendance requirements or
28 policies of the virtual charter school; and
29 (B) notice that a person who knowingly or intentionally
30 deprives a dependent of education commits a violation under
31 IC 35-46-1-4.
32 (2) Requirements relating to tracking and monitoring student
33 participation and attendance.
34 (3) Ongoing student engagement and counseling policy
35 requirements.
36 (4) Employee policy requirements, including professional
37 development requirements.
38 (e) The department, with the approval of the state board, shall
39 before December 1 of each year submit an annual report to the budget
40 committee concerning the program under this section.
41 (f) Each school year, at least sixty percent (60%) of the students
42 who are enrolled in virtual charter schools under this section for the
HB 1002—LS 7340/DI 110 61
1 first time must have been included in the state's fall count of ADM
2 conducted in the previous school year.
3 (g) Each virtual charter school shall report annually to the
4 department concerning the following, on a schedule determined by the
5 department:
6 (1) Classroom size.
7 (2) The ratio of teachers per classroom.
8 (3) The number of student-teacher meetings conducted in person
9 or by video conference.
10 (4) Any other information determined by the department.
11 The department shall provide this information annually to the state
12 board and the legislative council in an electronic format under
13 IC 5-14-6.
14 (h) A virtual charter school shall adopt a student engagement policy.
15 A student who regularly fails to participate in courses may be
16 withdrawn from enrollment under policies adopted by the virtual
17 charter school. The policies adopted by the virtual charter school must
18 ensure that:
19 (1) adequate notice of the withdrawal is provided to the parent
20 and the student; and
21 (2) an opportunity is provided, before the withdrawal of the
22 student by the virtual charter school, for the student or the parent
23 to demonstrate that failure to participate in the course is due to an
24 event that would be considered an excused absence under
25 IC 20-33-2.
26 (i) A student who is withdrawn from enrollment for failure to
27 participate in courses pursuant to the school's student engagement
28 policy may not reenroll in that same virtual charter school for the
29 school year in which the student is withdrawn.
30 (j) An authorizer shall review and monitor whether a virtual charter
31 school that is authorized by the authorizer complies with the
32 requirements described in subsections (h) and (i).
33 SECTION 61. IC 20-24-8-5, AS AMENDED BY P.L.5-2024,
34 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 5. The following statutes and rules and guidelines
36 adopted under the following statutes apply to a charter school:
37 (1) IC 5-11-1-9 (required audits by the state board of accounts).
38 (2) IC 20-39-1-1 (unified accounting system).
39 (3) IC 20-35 (special education).
40 (4) IC 20-26-5-10 (criminal history).
41 (5) IC 20-26-5-6 (subject to laws requiring regulation by state
42 agencies).
HB 1002—LS 7340/DI 110 62
1 (6) IC 20-28-10-12 (nondiscrimination for teacher marital status).
2 (7) IC 20-28-10-14 (teacher freedom of association).
3 (8) IC 20-28-10-17 (school counselor immunity).
4 (9) For conversion charter schools only if the conversion charter
5 school elects to collectively bargain under IC 20-24-6-3(b),
6 IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
7 IC 20-28-10.
8 (10) IC 20-33-2 (compulsory school attendance).
9 (11) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22 (student
10 due process and judicial review).
11 (12) IC 20-33-8-16 (firearms and deadly weapons).
12 (13) IC 20-34-3 (health and safety measures).
13 (14) IC 20-33-9 (reporting of student violations of law).
14 (15) IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
15 observances).
16 (16) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for a school year ending
17 before July 1, 2018), IC 20-32-5.1, (for a school year beginning
18 after June 30, 2018), IC 20-32-8, and IC 20-32-8.5, as provided
19 in IC 20-32-8.5-2 (academic standards, accreditation, assessment,
20 and remediation). and assessment).
21 (17) IC 20-33-7 (parental access to education records).
22 (18) IC 20-31 (accountability for school performance and
23 improvement).
24 (19) IC 20-30-5-19 (personal financial responsibility instruction).
25 (20) IC 20-26-5-37.3, before its expiration (career and technical
26 education reporting).
27 (21) IC 20-35.5 (dyslexia screening and intervention).
28 (22) IC 22-2-18, before its expiration on June 30, 2021
29 (limitations on employment of minors).
30 (23) IC 20-26-12-1 (curricular material purchase and provision;
31 public school students).
32 (24) IC 20-26-12-2 (curricular material purchase and rental).
33 SECTION 62. IC 20-24-9-4, AS AMENDED BY P.L.250-2017,
34 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 4. (a) If an authorizer determines that:
36 (1) an organizer is failing to comply with the conditions or
37 procedures established in the charter;
38 (2) a charter school established by the organizer is failing to meet
39 the educational goals set forth in the charter;
40 (3) an organizer is failing to comply with all applicable federal
41 and state laws;
42 (4) an organizer fails to meet generally accepted fiscal
HB 1002—LS 7340/DI 110 63
1 management and government accounting principles; or
2 (5) one (1) or more grounds for revocation exist as specified in
3 the charter;
4 the authorizer shall notify the governing board of the organizer of the
5 charter school in writing and give the organizer a reasonable time to
6 remedy the deficiency.
7 (b) If the organizer does not remedy the deficiency within the
8 timeline established by the authorizer, the authorizer may
9 (1) order any corrective action that the authorizer considers
10 necessary to correct the deficiency or
11 (2) revoke the school's charter.
12 SECTION 63. IC 20-24-10-1 IS REPEALED [EFFECTIVE JULY
13 1, 2025]. Sec. 1. (a) A public noncharter school that receives a transfer
14 student from a charter school may not discriminate against the student
15 in any way, including by placing the student:
16 (1) in an inappropriate age group according to the student's
17 ability;
18 (2) below the student's abilities; or
19 (3) in a class where the student has already mastered the subject
20 matter.
21 (b) If a student who previously was enrolled in a charter school
22 enrolls in another public school, the public noncharter school shall
23 accept all credits earned by the student in courses or instructional
24 programs at the charter school in a uniform and consistent manner,
25 according to the same criteria that are used to accept academic credits
26 from other public schools.
27 SECTION 64. IC 20-24-12-6, AS ADDED BY P.L.91-2011,
28 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29 JULY 1, 2025]: Sec. 6. The department may authorize money in the
30 fund to be used for any of the following purposes:
31 (1) To pay first semester costs for charter schools first opening
32 after June 30, 2011.
33 (2) To repay advances and loans to charter schools made before
34 June 30, 2011.
35 (3) To match federal grants described in IC 20-24-7-11(a).
36 (4) (3) To loan or grant money from the fund to a charter school
37 to carry out the purposes described in section 2 of this chapter.
38 SECTION 65. IC 20-24-13-6, AS AMENDED BY P.L.201-2023,
39 SECTION 158, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 6. The annual grant amount for a
41 school for a state fiscal year is the following:
42 (1) For the state fiscal year beginning July 1, 2021:
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1 (A) one thousand dollars ($1,000); multiplied by
2 (B) the number of eligible pupils who are counted in the
3 current ADM of the school.
4 (2) For the state fiscal year beginning July 1, 2022:
5 (A) one thousand two hundred fifty dollars ($1,250);
6 multiplied by
7 (B) the number of eligible pupils who are counted in the
8 current ADM of the school.
9 (3) For the state fiscal year beginning July 1, 2023, and each state
10 fiscal year thereafter: is:
11 (A) (1) one thousand four hundred dollars ($1,400); multiplied
12 by
13 (B) (2) the number of eligible pupils who are counted in the
14 current ADM of the school.
15 SECTION 66. IC 20-24.2-4-3, AS AMENDED BY P.L.5-2024,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 3. (a) Except as specifically provided in this
18 article and section 4 of this chapter, the following provisions of this
19 title and a rule or guideline adopted by the state board under one (1) of
20 the following provisions of this title do not apply to a qualified district
21 or qualified high school:
22 (1) Provisions that do not apply to school corporations in general.
23 (2) IC 20-20 (programs administered by the state), except for
24 IC 20-20-1 (educational service centers).
25 (3) IC 20-28 (school teachers), except for IC 20-28-3-4 (teacher
26 continuing education), IC 20-28-4-8 (hiring of transition to
27 teaching participants; restrictions), IC 20-28-4-11 (transition to
28 teaching participants; school corporation or subject area;
29 transition to teaching permit), IC 20-28-5-8 (conviction of certain
30 felonies or misdemeanors; notice and hearing; permanent
31 revocation of license; data base of school employees who have
32 been reported), IC 20-28-6 (teacher contracts), IC 20-28-7.5
33 (cancellation of teacher contracts), IC 20-28-8 (contracts with
34 school administrators), IC 20-28-9 (teacher salary and related
35 payments), IC 20-28-10 (conditions of employment), and
36 IC 20-28-11.5 (staff performance evaluations).
37 (4) IC 20-30 (curriculum), except for IC 20-30-3-2 and
38 IC 20-30-3-4 (patriotic commemorative observances),
39 IC 20-30-5-13 (human sexuality instructional requirements), and
40 IC 20-30-5-19 (personal financial responsibility instruction).
41 (5) IC 20-32 (student standards, assessments, and performance),
42 except for IC 20-32-4 (graduation requirements), IC 20-32-5
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1 (Indiana statewide testing for educational progress for a school
2 year ending before July 1, 2018), IC 20-32-5.1 (statewide
3 assessment program for a school year beginning after June 30,
4 2018), IC 20-32-8 (remediation), and IC 20-32-8.5 (reading
5 improvement and remediation plans).
6 (6) IC 20-37 (career and technical education).
7 (b) Notwithstanding any other law, a school corporation may not
8 receive a decrease in state funding based upon the school corporation's
9 status as a qualified district or the status of a high school within the
10 school corporation as a qualified high school, or because of the
11 implementation of a waiver of a statute or rule that is allowed to be
12 waived by a qualified district or qualified high school.
13 SECTION 67. IC 20-24.2-4-4, AS AMENDED BY P.L.5-2024,
14 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 4. The following provisions of this title and rules
16 and guidelines adopted under the following provisions of this title
17 apply to a qualified district or qualified high school:
18 IC 20-20-1 (educational service centers).
19 IC 20-23 (organization of school corporations).
20 IC 20-26 (school corporation general administrative provisions).
21 IC 20-27 (school transportation).
22 IC 20-28-3-4 (teacher continuing education).
23 IC 20-28-4-8 (hiring of transition to teaching participants;
24 restrictions).
25 IC 20-28-4-11 (transition to teaching participants; school
26 corporation or subject area; transition to teaching permit).
27 IC 20-28-5-8 (conviction of certain felonies or misdemeanors;
28 notice and hearing; permanent revocation of license; data base of
29 school employees who have been reported).
30 IC 20-28-6 (teacher contracts).
31 IC 20-28-7.5 (cancellation of teacher contracts).
32 IC 20-28-8 (contracts with school administrators).
33 IC 20-28-9 (teacher salary and related payments).
34 IC 20-28-10 (conditions of employment).
35 IC 20-28-11.5 (staff performance evaluations).
36 IC 20-29 (collective bargaining for teachers).
37 IC 20-30-3-2 and IC 20-30-3-4 (patriotic commemorative
38 observances).
39 IC 20-30-5-13 (human sexuality instructional requirements).
40 IC 20-30-5-19 (personal financial responsibility instruction).
41 IC 20-31 (accountability for school performance and
42 improvement).
HB 1002—LS 7340/DI 110 66
1 IC 20-32-4, IC 20-32-5 (for a school year beginning before July
2 1, 2018), IC 20-32-5.1 (for a school year ending after June 30,
3 2018) and IC 20-32-8 (accreditation, assessment, and
4 remediation), (assessment), or any other statute, rule, or guideline
5 related to standardized assessments.
6 IC 20-32-8.5 (reading improvement and remediation plans).
7 IC 20-33 (students: general provisions).
8 IC 20-34-3 (health and safety measures).
9 IC 20-35 (special education).
10 IC 20-35.5 (dyslexia screening and intervention).
11 IC 20-36 (high ability students).
12 IC 20-39 (accounting and financial reporting procedures).
13 IC 20-40 (government funds and accounts).
14 IC 20-41 (extracurricular funds and accounts).
15 IC 20-42.5 (allocation of expenditures to student instruction and
16 learning).
17 IC 20-43 (state tuition support).
18 IC 20-44 (property tax levies).
19 IC 20-46 (levies other than general fund levies).
20 IC 20-47 (related entities; holding companies; lease agreements).
21 IC 20-48 (borrowing and bonds).
22 IC 20-49 (state management of common school funds; state
23 advances and loans).
24 IC 20-50 (homeless children and foster care children).
25 SECTION 68. IC 20-24.5-4 IS REPEALED [EFFECTIVE JULY 1,
26 2025]. (Indiana School for the Arts; Indiana University).
27 SECTION 69. IC 20-24.5-5 IS REPEALED [EFFECTIVE JULY 1,
28 2025]. (Grammar School; Vincennes University).
29 SECTION 70. IC 20-25-10-1, AS AMENDED BY P.L.211-2021,
30 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 1. (a) The board shall modify, develop, and
32 implement a plan for the improvement of student achievement in the
33 schools in the school city.
34 (b) A plan modified, developed, and implemented under this chapter
35 must be consistent with this article and with IC 20-31-1, IC 20-31-2,
36 IC 20-31-5, IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10.
37 SECTION 71. IC 20-25-10-3, AS AMENDED BY P.L.211-2021,
38 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 3. The board shall:
40 (1) modify, develop, and publish the plan required under this
41 chapter; and
42 (2) implement the modified plan;
HB 1002—LS 7340/DI 110 67
1 in compliance with the timelines of IC 20-31-1, IC 20-31-5,
2 IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10.
3 SECTION 72. IC 20-25-10-5, AS AMENDED BY P.L.211-2021,
4 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 5. (a) The board shall annually assess and evaluate
6 educational programs offered by the school city to determine:
7 (1) the relationship of the programs to improved student
8 achievement; and
9 (2) the educational value of the programs in relation to cost.
10 (b) The board may obtain information from:
11 (1) educators in the schools offering a program;
12 (2) students participating in a program; and
13 (3) the parents of students participating in a program;
14 in preparing an assessment and evaluation under this section. The
15 assessment must include the performance of the school's students in
16 achieving student performance improvement levels under IC 20-31-1,
17 IC 20-31-6, IC 20-31-7, IC 20-31-8, IC 20-31-10, and IC 20-25-11.
18 SECTION 73. IC 20-25-11-1, AS AMENDED BY P.L.211-2021,
19 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
20 JULY 1, 2025]: Sec. 1. The board shall establish annual student
21 performance improvement levels for each school that are not less
22 rigorous than the student performance improvement levels under
23 IC 20-31-1, IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10,
24 including the following:
25 (1) For students:
26 (A) improvement in results on assessment tests and assessment
27 programs;
28 (B) improvement in attendance rates; and
29 (C) improvement in progress toward graduation.
30 (2) For teachers:
31 (A) improvement in student results on assessment tests and
32 assessment programs;
33 (B) improvement in the number and percentage of students
34 achieving:
35 (i) state achievement standards; and
36 (ii) if applicable, performance levels set by the board;
37 on assessment tests;
38 (C) improvement in student progress toward graduation;
39 (D) improvement in student attendance rates for the school
40 year;
41 (E) improvement in individual teacher attendance rates;
42 (F) improvement in:
HB 1002—LS 7340/DI 110 68
1 (i) communication with parents; and
2 (ii) parental involvement in classroom and extracurricular
3 activities; and
4 (G) other objectives developed by the board.
5 (3) For the school and school administrators:
6 (A) improvement in student results on assessment tests, totaled
7 by class and grade;
8 (B) improvement in the number and percentage of students
9 achieving:
10 (i) state achievement standards; and
11 (ii) if applicable, performance levels set by the board;
12 on assessment tests, totaled by class and grade;
13 (C) improvement in:
14 (i) student graduation rates; and
15 (ii) progress toward graduation;
16 (D) improvement in student attendance rates;
17 (E) management of:
18 (i) education fund expenditures;
19 (ii) operations fund expenditures; and
20 (iii) total expenditures;
21 per student;
22 (F) improvement in teacher attendance rates; and
23 (G) other objectives developed by the board.
24 SECTION 74. IC 20-25-12-1, AS AMENDED BY P.L.211-2021,
25 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 1. (a) IC 20-31-1, IC 20-31-2, IC 20-31-5,
27 IC 20-31-6, IC 20-31-7, IC 20-31-8, and IC 20-31-10 apply to the
28 school city. The composition of a local school improvement committee
29 is determined under IC 20-31-1, IC 20-31-2, IC 20-31-5, IC 20-31-6,
30 IC 20-31-7, IC 20-31-8, and IC 20-31-10.
31 (b) The plan developed and implemented by the board under
32 IC 20-25-10 must contain general guidelines for decisions by the
33 educators in each school to improve student achievement in the school.
34 (c) The board's plan shall provide for the publication to other
35 schools in the school city and to the general community those:
36 (1) processes;
37 (2) innovations; and
38 (3) approaches;
39 that have led individual schools to significant improvement in student
40 achievement.
41 SECTION 75. IC 20-25-13-7, AS AMENDED BY P.L.211-2021,
42 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
HB 1002—LS 7340/DI 110 69
1 JULY 1, 2025]: Sec. 7. IC 20-28-6-4 and IC 20-28-6-5 apply to
2 certificated employees in the school city. A teacher's students'
3 performance improvement levels under the assessment tests and
4 programs of IC 20-31-1, IC 20-31-5, IC 20-31-6, IC 20-31-7,
5 IC 20-31-8, and IC 20-31-10 may be used as a factor, but not the only
6 factor, to evaluate the performance of a teacher in the school city.
7 SECTION 76. IC 20-26-4-1, AS AMENDED BY P.L.58-2023,
8 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 1. (a) As used in this section, "electronic funds
10 transfer" means a transfer of funds, other than a transaction originated
11 by check, draft, or similar paper instrument, that is initiated through an
12 electronic terminal, telephone, or computer or magnetic tape to order,
13 instruct, or authorize a financial institution to debit or credit an
14 account.
15 (b) The governing body of each school corporation shall organize by
16 electing:
17 (1) a president;
18 (2) a vice president; and
19 (3) a secretary;
20 each of whom is a different member, not more than fifteen (15) thirty
21 (30) days after the commencement date of the members' terms of
22 office.
23 (c) A governing body shall, at the time that officers are elected
24 under subsection (b), appoint a treasurer of the governing body and of
25 the school corporation who is a person, other than the superintendent
26 of schools, who is not a member of the governing body. The treasurer
27 may, with the approval of the governing body, appoint a deputy who
28 must be a person, other than the superintendent of schools, who is not
29 a member of the governing body and who has the same powers and
30 duties as the treasurer, or lesser duties as provided by the governing
31 body by rule.
32 (d) The treasurer is the official custodian of all funds of the school
33 corporation and is responsible for the proper safeguarding and
34 accounting for the funds. The treasurer shall:
35 (1) issue a receipt for money received by the treasurer;
36 (2) deposit money described in subdivision (1) in accordance with
37 the laws governing the deposit of public funds; and
38 (3) issue all warrants in payment of expenses lawfully incurred on
39 behalf of the school corporation. However, except as otherwise
40 provided by law, warrants described in this subdivision must be
41 issued only after proper allowance or approval by the governing
42 body. The governing body may not require an allowance or
HB 1002—LS 7340/DI 110 70
1 approval for amounts lawfully due in payment of indebtedness or
2 payments due the state, the United States government, or agencies
3 and instrumentalities of the state or the United States government.
4 A verification, other than a properly itemized invoice, may not be
5 required for any claim. A claim is sufficient as to form if the bill or
6 statement for the claim has printed or stamped on the face of the bill or
7 statement a verification of the bill or statement in language approved
8 by the state board of accounts.
9 (e) Notwithstanding subsection (d), a treasurer may transact school
10 corporation financial business with a financial institution or a public
11 retirement fund through the use of electronic funds transfer. The
12 treasurer must provide adequate documentation to the governing body
13 of transfers made under this subsection. This subsection applies only
14 to agreements for joint investment of money under IC 5-13-9 and to
15 payments to the Indiana public retirement system for:
16 (1) the Indiana state teachers' retirement fund; or
17 (2) the public employees' retirement fund;
18 from participating employers.
19 (f) Except as provided in IC 5-11, a treasurer is not personally liable
20 for an act or omission occurring in connection with the performance of
21 the duties set forth in this section, unless the act or omission constitutes
22 gross negligence or an intentional disregard of the treasurer's duties.
23 (g) A governing body may establish the position of executive
24 secretary to the governing body. The executive secretary:
25 (1) must be an employee of the school corporation;
26 (2) may not be a member of the governing body; and
27 (3) must be appointed by the governing body upon the
28 recommendation of the superintendent of the school corporation.
29 The governing body shall determine the duties of the executive
30 secretary, which may include all or part of the duties of the secretary of
31 the board.
32 SECTION 77. IC 20-26-4-6 IS REPEALED [EFFECTIVE JULY 1,
33 2025]. Sec. 6. (a) The governing body of any school corporation may
34 designate a committee of at least two (2) of the governing body's
35 members, or a committee of not less than two (2) employees of the
36 school corporation, to open and tabulate bids:
37 (1) in connection with the purchase of supplies, material, or
38 equipment;
39 (2) for the construction or alteration of a building or facility; or
40 (3) for any similar purpose.
41 (b) Bids described in subsection (a):
42 (1) may be opened by the committee at the time and place fixed
HB 1002—LS 7340/DI 110 71
1 by the advertisement for bids;
2 (2) must be read aloud and tabulated publicly, to the extent
3 required by law for governing bodies; and
4 (3) must be available for inspection.
5 (c) The bids described in subsection (a) must be reported to and the
6 tabulation entered upon the records of the governing body at the
7 governing body's next meeting following the bid opening.
8 (d) A bid described in subsection (a) may not be accepted or
9 rejected by the committee, but the bid must be accepted or rejected
10 solely by the governing body in a board meeting open to the public as
11 provided in section 3 of this chapter.
12 SECTION 78. IC 20-26-4-9, AS ADDED BY P.L.1-2005,
13 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 9. An individual who is at least twenty-one (21)
15 eighteen (18) years of age and is otherwise eligible to assume office as
16 a member of a governing body may not be disqualified on the basis of
17 age.
18 SECTION 79. IC 20-26-5-8 IS REPEALED [EFFECTIVE JULY 1,
19 2025]. Sec. 8. (a) The governing body of a school corporation may
20 appropriate necessary funds to provide for membership of the school
21 corporation in state and national associations of an educational nature
22 that have as the associations' purpose the improvement of school
23 governmental operations.
24 (b) A school corporation may participate through designated
25 representatives in the meetings and activities of the associations. The
26 governing body of the school corporation may appropriate the
27 necessary funds to defray the expenses of the representatives in
28 connection with the meetings and activities.
29 SECTION 80. IC 20-26-5-9 IS REPEALED [EFFECTIVE JULY 1,
30 2025]. Sec. 9. (a) A school corporation may provide programs, classes,
31 or services to a state educational institution.
32 (b) A state educational institution may provide programs, classes,
33 or services to a school corporation.
34 (c) The terms and conditions under which programs, classes, or
35 services are to be provided must be specified in a contract between the
36 state educational institution and the governing body of the school
37 corporation.
38 SECTION 81. IC 20-26-5-10.5 IS REPEALED [EFFECTIVE JULY
39 1, 2025]. Sec. 10.5. Each school corporation, charter school, and
40 nonpublic school that employs one (1) or more employees, shall adopt
41 a policy requiring the school employer of the school corporation,
42 charter school, or nonpublic school to contact employment references
HB 1002—LS 7340/DI 110 72
1 and, if applicable, the most recent employer provided by a prospective
2 employee, before the school corporation, charter school, or nonpublic
3 school may hire the prospective employee.
4 SECTION 82. IC 20-26-5-28 IS REPEALED [EFFECTIVE JULY
5 1, 2025]. Sec. 28. A governing body may establish and maintain
6 nursery schools for the instruction of children less than six (6) years of
7 age. Expenses of operating the nursery schools shall be paid in the
8 same manner as other expenses of the school corporation.
9 SECTION 83. IC 20-26-5-32 IS REPEALED [EFFECTIVE JULY
10 1, 2025]. Sec. 32. (a) The governing body of each school corporation
11 shall work with parents to:
12 (1) develop; and
13 (2) review periodically;
14 an evidence based plan for improving student behavior and discipline
15 in the school corporation after receiving a model plan developed by the
16 department.
17 (b) The model plan developed by the department under subsection
18 (a) must:
19 (1) reduce out-of-school suspension and disproportionality in
20 discipline and expulsion;
21 (2) limit referrals to law enforcement and arrests on school
22 property to cases in which referral to law enforcement or arrest is
23 necessary to protect the health and safety of students or school
24 employees; and
25 (3) include policies to address instances of bullying and
26 cyberbullying on school property of a school corporation.
27 (c) Beginning in the 2019-2020 school year, the department, in
28 collaboration with parent organizations, teacher organizations,
29 educational support professional organizations, and state educational
30 institutions, shall, upon a school corporation's request, provide
31 information and assistance to the school corporation regarding the
32 implementation of the school corporation's evidence based plan
33 developed under subsection (a) to ensure that teachers and
34 administrators receive appropriate professional development and other
35 resources in preparation for carrying out the plan.
36 SECTION 84. IC 20-26-5-34.2 IS REPEALED [EFFECTIVE JULY
37 1, 2025]. Sec. 34.2. A school corporation shall provide training to the
38 school corporation's employees and volunteers who have direct,
39 ongoing contact with students concerning the school's bullying
40 prevention and reporting policy adopted under IC 20-33-8-13.5. The
41 training shall be conducted in a manner prescribed by the state board
42 under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.
HB 1002—LS 7340/DI 110 73
1 SECTION 85. IC 20-26-5-36 IS REPEALED [EFFECTIVE JULY
2 1, 2025]. Sec. 36. (a) Each school year, the governing body of a school
3 corporation may spend an amount for remediation programs for
4 students enrolled in kindergarten through grade 12 not to exceed one
5 percent (1%) of the state tuition support that the school corporation
6 receives for the school year.
7 (b) A remediation program for any subset of students enrolled in
8 kindergarten through grade 12 must be in writing and adopted at a
9 public hearing of the governing body of the school corporation before
10 the governing body may spend money for the remediation program.
11 (c) After the governing body of a school corporation adopts a
12 remediation program under subsection (b), the school corporation shall
13 promptly file the adopted plan with the department. The department
14 shall review a plan for a remediation program adopted by the governing
15 body of a school corporation and may comment on the plan.
16 SECTION 86. IC 20-26-7-41 IS REPEALED [EFFECTIVE JULY
17 1, 2025]. Sec. 41. A township trustee may, whenever:
18 (1) a schoolhouse is removed to a different location or a new one
19 erected for the school in a different place; and
20 (2) the land where the schoolhouse is situated belongs
21 unconditionally to the township, town, or city;
22 sell the land, if the trustee believes it is advantageous to the township,
23 town, or city to do so. The township trustee shall sell the land for the
24 highest price that can be obtained for the land. Upon payment of the
25 purchase money to the township, town, or city, the township trustee
26 shall execute to the purchaser a deed of conveyance, which must be
27 sufficient to vest in the purchaser the title the township, town, or city
28 has to the land. The money derived from the sale becomes a part of the
29 school revenue.
30 SECTION 87. IC 20-26-9-18 IS REPEALED [EFFECTIVE JULY
31 1, 2025]. Sec. 18. (a) Before July 1, 2007, each school board may
32 establish a coordinated school health advisory council (referred to as
33 the "advisory council" in this section). The advisory council may
34 review the corporation's wellness policies on a yearly basis and suggest
35 to the governing body for approval changes to the policies that comply
36 with the requirements of federal Public Law 111-296 and
37 IC 5-22-15-24(c) before July 1 of each year. The advisory council must
38 hold at least one (1) hearing at which public testimony about the local
39 wellness policy being developed is allowed.
40 (b) The governing body may appoint the members of the advisory
41 council, which must include the following:
42 (1) Parents.
HB 1002—LS 7340/DI 110 74
1 (2) Food service directors and staff.
2 (3) Students.
3 (4) Nutritionists or certified dietitians.
4 (5) Health care professionals.
5 (6) School board members.
6 (7) A school administrator.
7 (8) Representatives of interested community organizations.
8 (c) In adopting a school corporation policy on child nutrition and
9 physical activity policy under federal Public Law 111-296, the
10 governing body may take into consideration recommendations made by
11 the advisory council.
12 (d) The department shall, in consultation with the Indiana
13 department of health, provide technical assistance to schools, including
14 providing information on health, nutrition, and physical activity,
15 through educational materials and professional development
16 opportunities.
17 SECTION 88. IC 20-26-10-3, AS ADDED BY P.L.1-2005,
18 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 3. (a) Two (2) or more school corporations acting
20 through their respective governing bodies may engage in joint
21 programs under a written agreement executed by all participating
22 school corporations.
23 (b) The agreement shall do the following:
24 (1) Designate the type of purchases, leases, or investments to be
25 made.
26 (2) Prescribe the manner of approving persons employed under
27 the joint program.
28 (3) Designate the type of construction, remodeling, or additions
29 to be made on the school buildings.
30 (4) Provide for the organization, administration, support, funding,
31 and termination of the program, subject to the provisions of this
32 chapter.
33 SECTION 89. IC 20-26-11-5, AS AMENDED BY P.L.43-2021,
34 SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
35 JULY 1, 2025]: Sec. 5. (a) The parents of any student, regardless of the
36 student's age, or the student after the student has become eighteen (18)
37 years of age may request a transfer from a school corporation in which
38 the student has a legal settlement to a transferee school corporation in
39 Indiana. or another state if the student may be better accommodated in
40 the public schools of the transferee corporation. Whether the student
41 can be better accommodated depends on such matters as:
42 (1) crowded conditions of the transferee or transferor corporation;
HB 1002—LS 7340/DI 110 75
1 and
2 (2) curriculum offerings at the high school level that are important
3 to the vocational or academic aspirations of the student.
4 (b) The request for transfer must be made in writing to the transferor
5 corporation, which shall immediately mail a copy to the transferee
6 corporation. The request for transfer must be made at the times
7 provided under rules adopted by the state board. The transfer is
8 effected if both the transferee and the transferor corporations approve
9 the transfer not more than thirty (30) days after that mailing. If the
10 transferor school corporation fails to act on the transfer request within
11 thirty (30) days after the request is received, the transfer is considered
12 approved. The transfer is denied when either school corporation mails
13 a written denial by certified mail to the requesting parents or student at
14 their last known address.
15 (c) If a request for transfer is denied under subsection (b), an appeal
16 may be taken to the state board by the requesting parents or student, if
17 commenced not more than ten (10) days after the denial. An appeal is
18 commenced by mailing a notice of appeal by certified mail to the
19 superintendent of each school corporation and the state board. The
20 secretary of education shall develop forms for this purpose, and the
21 transferor corporation shall assist the parents or student in the
22 mechanics of commencing the appeal. An appeal hearing must comply
23 with section 15 of this chapter.
24 SECTION 90. IC 20-26-11-6, AS AMENDED BY P.L.162-2024,
25 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 6. (a) A school corporation may accept a
27 transferring student without approval of the transferor corporation.
28 under section 5 of this chapter.
29 (b) A transferee corporation may not require a parent or student
30 requesting transfer to the school corporation to pay transfer tuition or
31 any other fee associated with the transfer of the student.
32 SECTION 91. IC 20-26-11-8.5 IS REPEALED [EFFECTIVE JULY
33 1, 2025]. Sec. 8.5. With regard to the transfer of responsibility for
34 paying transfer tuition for certain students from the county to the
35 school corporation of the student's legal settlement as described in
36 IC 20-8.1-6.1-5 (as amended by P.L.36-1994, before its repeal, now
37 codified at section 8 of this chapter), P.L.36-1994 does not affect:
38 (1) rights or liabilities accrued;
39 (2) penalties incurred;
40 (3) crimes committed; or
41 (4) proceedings begun;
42 before July 1, 1995. Those rights, liabilities, penalties, crimes, and
HB 1002—LS 7340/DI 110 76
1 proceedings continue and shall be imposed and enforced under prior
2 law as if P.L.36-1994 had not been enacted.
3 SECTION 92. IC 20-26-11-12, AS AMENDED BY P.L.146-2008,
4 SECTION 470, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a student is transferred
6 under section 5 of this chapter from a school corporation in Indiana to
7 a public school corporation in another state, the transferor corporation
8 shall pay the transferee corporation the full tuition fee charged by the
9 transferee corporation. However, the amount of the full tuition fee may
10 not exceed the amount charged by the transferor corporation for the
11 same class of school, or if the school does not have the same
12 classification, the amount may not exceed the amount charged by the
13 geographically nearest school corporation in Indiana that has the same
14 classification.
15 (b) If a child is:
16 (1) placed by or with the consent of the department of child
17 services in an out-of-state institution or other facility; and
18 (2) provided all educational programs and services by a public
19 school corporation in the state where the child is placed, whether
20 at the facility, the public school, or another location;
21 the department of child services shall pay to the public school
22 corporation in which the child is enrolled, the amount of transfer tuition
23 specified in subsection (c).
24 (c) The transfer tuition for which the department of child services
25 is obligated under subsection (b) is equal to the following:
26 (1) The amount under a written agreement among the department
27 of child services, the institution or other facility, and the
28 governing body of the public school corporation in the other state
29 that specifies the amount and method of computing transfer
30 tuition.
31 (2) The full tuition fee charged by the transferee corporation, if
32 subdivision (1) does not apply. However, the amount of the full
33 tuition fee must not exceed the amount charged by the transferor
34 corporation for the same class of school, or if the school does not
35 have the same classification, the amount must not exceed the
36 amount charged by the geographically nearest school corporation
37 in Indiana that has the same classification.
38 (d) If a child is:
39 (1) placed by or with the consent of the department of child
40 services in an out-of-state institution or other facility; and
41 (2) provided:
42 (A) onsite educational programs and services either through
HB 1002—LS 7340/DI 110 77
1 the facility's employees or by contract with another person or
2 organization that is not a public school corporation; or
3 (B) educational programs and services by a nonpublic school;
4 the department of child services shall pay in an amount and in the
5 manner specified in a written agreement between the department of
6 child services and the institution or other facility.
7 (e) For purposes of IC 4-13-2, an agreement described in subsection
8 (c) or (d) shall not be treated as a contract.
9 SECTION 93. IC 20-26-13-9, AS ADDED BY P.L.1-2005,
10 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 9. (a) Beginning with the class of students who
12 are expected to graduate in the 2005-2006 school year, Subject to
13 subsection (b), the department shall determine the graduation rate of
14 high school students under this chapter.
15 (b) Except to the extent required under federal law, an adult
16 high school (as defined in IC 20-24-1-2.3) is excluded from all
17 cohort based graduation rate calculations.
18 SECTION 94. IC 20-26-15 IS REPEALED [EFFECTIVE JULY 1,
19 2025]. (Freeway School Corporation and Freeway School Program).
20 SECTION 95. IC 20-26-18 IS REPEALED [EFFECTIVE JULY 1,
21 2025]. (Criminal Gang Measures).
22 SECTION 96. IC 20-26.5-2-2, AS AMENDED BY P.L.92-2020,
23 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 2. (a) Subject to subsection (b), if the state board
25 approves a coalition under section 1(d) of this chapter, the applicants
26 that jointly submitted an application under section 1 of this chapter
27 become coalition members.
28 (b) In addition to the coalition members described in subsection (a),
29 a school corporation, an eligible school (as defined in IC 20-51-1-4.7),
30 or a state accredited nonpublic school may become a coalition member
31 by submitting an application to the coalition, in a manner prescribed by
32 the coalition. The coalition may submit a recommendation to the state
33 board that an applicant under this subsection should be approved to
34 participate in the coalition. Subject to subsection (c), The state board
35 shall approve an application submitted under this subsection.
36 (c) For:
37 (1) the 2018-2019 school year, not more than a total of eight (8)
38 school corporations, eligible schools (as defined in
39 IC 20-51-1-4.7), or state accredited nonpublic schools may
40 participate in the coalition;
41 (2) the 2019-2020 school year, not more than a total of twelve
42 (12) school corporations, eligible schools (as defined in
HB 1002—LS 7340/DI 110 78
1 IC 20-51-1-4.7), or state accredited nonpublic schools may
2 participate in the coalition; and
3 (3) the 2020-2021 school year, not more than a total of sixteen
4 (16) school corporations, eligible schools (as defined in
5 IC 20-51-1-4.7), or state accredited nonpublic schools may
6 participate in the coalition.
7 (d) Beginning in the 2021-2022 school year and each school year
8 thereafter, the state board shall limit the number of coalition members
9 to thirty (30) school corporations, eligible schools (as defined in
10 IC 20-51-1-4.7), or state accredited nonpublic schools.
11 SECTION 97. IC 20-26.5-2-4 IS REPEALED [EFFECTIVE JULY
12 1, 2025]. Sec. 4. The state board may revoke a coalition member's
13 membership in the coalition if the state board determines that the
14 coalition member has not met the specific goals or measurable student
15 outcomes set forth under section 1(c)(3) of this chapter.
16 SECTION 98. IC 20-27-5-0.2 IS REPEALED [EFFECTIVE JULY
17 1, 2025]. Sec. 0.2. The amendments made to:
18 (1) IC 20-9.1-2-4 (before its repeal, now codified at section 5 of
19 this chapter); and
20 (2) IC 20-9.1-2-4.1 (before its repeal, now codified at section 6 of
21 this chapter);
22 do not apply to contracts entered into before July 1, 1988.
23 SECTION 99. IC 20-27-13-3, AS ADDED BY P.L.145-2012,
24 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 3. Except as provided in section 7 of this chapter,
26 a school corporation described in section 2 of this chapter shall carry
27 out a program to provide transportation to and from school for all
28 eligible students in any part of a school year, beginning after June 30,
29 2012, unless the governing body of the school corporation:
30 (1) approves the termination of the transportation program; and
31 (2) provides public notice of the date after which the
32 transportation will no longer be provided under the transportation
33 program;
34 at least three (3) years one (1) year before the date after which the
35 transportation will no longer be provided under the transportation
36 program.
37 SECTION 100. IC 20-27-13-5 IS REPEALED [EFFECTIVE JULY
38 1, 2025]. Sec. 5. Transportation provided under a transportation
39 program required under section 3 of this chapter may be limited by the
40 school corporation's governing body to providing transportation to
41 school immediately before the beginning of an instructional day (as
42 described in IC 20-30-2-2) and from school immediately after the end
HB 1002—LS 7340/DI 110 79
1 of an instructional day (as described in IC 20-30-2-2) without
2 additional accommodations for participation in extracurricular
3 activities.
4 SECTION 101. IC 20-27-13-6 IS REPEALED [EFFECTIVE JULY
5 1, 2025]. Sec. 6. Transportation provided under a transportation
6 program required under section 3 of this chapter must be otherwise in
7 accordance with applicable law.
8 SECTION 102. IC 20-28-2-7 IS REPEALED [EFFECTIVE JULY
9 1, 2025]. Sec. 7. (a) The department may recommend to the general
10 assembly for consideration measures relating to the department's
11 powers and duties that improve the quality of teacher preparation or
12 teacher licensing standards.
13 (b) The department shall submit to the general assembly before
14 November 1 of each year a report:
15 (1) detailing the findings and activities of the department, the
16 division, and the state board; and
17 (2) including any recommendations developed under this chapter.
18 A report under this subsection must in an electronic format under
19 IC 5-14-6.
20 SECTION 103. IC 20-28-2-8 IS REPEALED [EFFECTIVE JULY
21 1, 2025]. Sec. 8. (a) The department may, subject to approval by the
22 budget agency, do the following to administer the responsibilities of the
23 department under this chapter:
24 (1) Establish advisory committees the department determines
25 necessary.
26 (2) Expend funds made available to the department according to
27 policies established by the budget agency.
28 (b) The department shall comply with the requirements for
29 submitting a budget request to the budget agency as set forth in
30 IC 4-12-1, for funds to administer the responsibilities of the department
31 described in section 1 of this chapter.
32 SECTION 104. IC 20-28-3-3.5, AS AMENDED BY P.L.250-2023,
33 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]: Sec. 3.5. The guidelines developed under section 3 of
35 this chapter must incorporate methods that assist individuals in
36 developing competency in employing approaches to create positive
37 classroom and school climates that are culturally responsive, which
38 may include:
39 (1) classroom management strategies;
40 (2) restorative justice;
41 (3) positive behavioral interventions and supports;
42 (4) social and emotional training as described in IC 12-21-5-2
HB 1002—LS 7340/DI 110 80
1 and IC 20-19-3-12; and IC 20-26-5-34.2; and
2 (5) conflict resolution.
3 SECTION 105. IC 20-28-3-4.5, AS AMENDED BY P.L.250-2023,
4 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 4.5. (a) Each school corporation, charter school,
6 and state accredited nonpublic school shall require each school
7 employee likely to have direct, ongoing contact with children within
8 the scope of the employee's employment to attend or participate in
9 training on child abuse and neglect, including:
10 (1) training on the duty to report suspected child abuse or neglect
11 under IC 31-33-5; and
12 (2) training on recognizing possible signs of child abuse or
13 neglect.
14 in a manner prescribed by the state board under IC 20-28-5.5-1 or
15 IC 20-28-5.5-1.5.
16 (b) In addition to training required for an initial license under
17 IC 20-28-5-12.3, a school employee described in subsection (a) who
18 holds a license or permit from the division of professional
19 standards of the department under this article shall, as a
20 requirement for license or permit renewal, attend or participate in
21 training described in subsection (a) before the school employee's
22 license or permit may be renewed.
23 (c) Each school corporation, charter school, or state accredited
24 nonpublic school shall require each school employee described in
25 subsection (a) whose employment is not dependent on the holding
26 of a license or permit under this article to attend or participate in
27 the training described in subsection (a) at least once every two (2)
28 years.
29 (b) (d) The training required under this section must count toward
30 the requirements for professional development required by the
31 governing body.
32 (c) In the event the state board does not require training to be
33 completed as part of a teacher preparation program under
34 IC 20-28-5.5-1, the training required under this section must be during
35 the school employee's contracted day or at a time chosen by the
36 employee.
37 SECTION 106. IC 20-28-3-6 IS REPEALED [EFFECTIVE JULY
38 1, 2025]. Sec. 6. (a) For purposes of this section, "teacher" includes the
39 following:
40 (1) A superintendent who holds a license under IC 20-28-5.
41 (2) A principal.
42 (3) A teacher.
HB 1002—LS 7340/DI 110 81
1 (4) A librarian.
2 (5) A school counselor.
3 (6) A school psychologist.
4 (7) A school nurse.
5 (8) A school social worker.
6 (b) Beginning after June 30, 2018, each school corporation, charter
7 school, and state accredited nonpublic school:
8 (1) shall require all teachers; and
9 (2) may require any other appropriate school employees;
10 who are employed at schools that provide instruction to students in any
11 combination of grade 5, 6, 7, 8, 9, 10, 11, or 12 to attend or participate
12 in research based inservice youth suicide awareness and prevention
13 training in a manner prescribed by the state board under IC 20-28-5.5-1
14 or IC 20-28-5.5-1.5. The training required under this subsection must
15 be during the teacher's or school employee's contracted day or at a time
16 chosen by the teacher or employee.
17 (c) The inservice training required under this section shall count
18 toward the requirements for professional development required by the
19 governing body.
20 (d) A school or school corporation may leverage any:
21 (1) existing or new state and federal grant funds; or
22 (2) free or reduced cost evidence based youth suicide awareness
23 and prevention training provided by any state agency or qualified
24 statewide or local organization;
25 to cover the costs of the training required under this section.
26 SECTION 107. IC 20-28-3-7 IS REPEALED [EFFECTIVE JULY
27 1, 2025]. Sec. 7. (a) Each school corporation and state accredited
28 nonpublic school shall require all school employees likely to have
29 direct, ongoing contact with children within the scope of the
30 employee's employment to attend or participate in inservice training
31 pertaining to the identification and reporting of human trafficking. The
32 training shall be conducted in a manner prescribed by the state board
33 under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.
34 (b) The inservice training required under this section shall count
35 toward the requirements for professional development required by the
36 governing body or the equivalent authority for a state accredited
37 nonpublic school.
38 SECTION 108. IC 20-28-3-11 IS ADDED TO THE INDIANA
39 CODE AS A NEW SECTION TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A teacher preparation
41 program shall include content within the curriculum that:
42 (1) prepares teacher candidates to use evidence based trauma
HB 1002—LS 7340/DI 110 82
1 informed classroom instruction that is conducive to
2 supporting students who have experienced trauma that may
3 interfere with a student's academic functioning; and
4 (2) provides information on applicable Indiana laws regarding
5 other instructional requirements and applicable Indiana laws
6 relating to the instruction and recognition described in
7 subdivision (1), including the following:
8 (A) IC 20-30-5-5.
9 (B) IC 20-30-5-6.
10 (C) IC 20-30-5-13.
11 (D) IC 20-30-5-17.
12 (E) IC 20-34-3-21.
13 (b) The teacher preparation program shall consider using
14 curricula that includes:
15 (1) training on the potential impacts of trauma;
16 (2) strategies for recognizing the signs and symptoms of
17 trauma;
18 (3) practical recommendations for running a trauma
19 informed classroom; and
20 (4) approaches for avoiding revictimization in schools.
21 SECTION 109. IC 20-28-5-12, AS AMENDED BY P.L.243-2023,
22 SECTION 10, AND BY P.L.245-2023, SECTION 9, IS AMENDED
23 TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 12. (a)
24 Subsection (b) does not apply to an individual who:
25 (1) held an Indiana limited, reciprocal, or standard teaching
26 license on June 30, 1985; or
27 (2) is granted a license under section 12.5 or 18 of this chapter.
28 (b) Except as provided in section 12.5 of this chapter, the
29 department may not grant an initial practitioner license to an individual
30 unless the individual has:
31 (1) met the requirements of section 12.3 of this chapter; and
32 (2) demonstrated proficiency in the following areas on a written
33 examination or through other procedures prescribed by the
34 department:
35 (1) (A) Pedagogy.
36 (2) (B) Knowledge of the areas in which the individual is
37 required to have a license to teach.
38 (3) (C) If the individual is seeking to be licensed as an
39 elementary school teacher, comprehensive scientifically based
40 reading instruction skills aligned to the science of reading.
41 (c) An individual's license examination score may not be disclosed
42 by the department without the individual's consent unless specifically
HB 1002—LS 7340/DI 110 83
1 required by state or federal statute or court order.
2 (d) Subject to section 22 of this chapter, the state board shall adopt
3 rules under IC 4-22-2 to do the following:
4 (1) Adopt, validate, and implement the examination or other
5 procedures required by subsection (b).
6 (2) Establish examination scores indicating proficiency.
7 (3) Otherwise carry out the purposes of this section.
8 (e) Subject to section 18 of this chapter, the state board shall adopt
9 rules under IC 4-22-2 establishing the conditions under which the
10 requirements of this section may be waived for an individual holding
11 a valid teacher's license issued by another state.
12 SECTION 110. IC 20-28-5-12.3 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 12.3. The department may not
15 grant an initial practitioner license unless an individual completes
16 the following:
17 (1) Child abuse and neglect training.
18 (2) Youth suicide awareness and prevention training.
19 (3) Identification and reporting of human trafficking training.
20 (4) Training described in IC 20-28-5.5-1(a).
21 SECTION 111. IC 20-28-5-15, AS AMENDED BY P.L.250-2023,
22 SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 15. (a) Notwithstanding section 3(b)(6) of this
24 chapter, the department shall grant an initial practitioner's license in a
25 specific subject area to an applicant who:
26 (1) has earned a postgraduate degree from a regionally accredited
27 postsecondary educational institution in the subject area in which
28 the applicant seeks to be licensed;
29 (2) has at least one (1) academic year of experience teaching
30 students in a middle school, high school, or college classroom
31 setting; and
32 (3) complies with sections 4 and 12 of this chapter.
33 (b) An individual who receives an initial practitioner's license under
34 this section may teach in the specific subject for which the individual
35 is licensed only in:
36 (1) high school; or
37 (2) middle school;
38 if the subject area is designated by the state board as having an
39 insufficient supply of licensed teachers.
40 (c) After receiving an initial practitioner's license under this section,
41 an applicant who seeks to renew the applicant's initial practitioner's
42 license or obtain a proficient practitioner's license must:
HB 1002—LS 7340/DI 110 84
1 (1) demonstrate that the applicant has:
2 (A) participated in cultural competency professional
3 development activities; and
4 (B) obtained training and information from a special education
5 teacher concerning exceptional learners; and
6 (C) received:
7 (i) training or certification that complies; or
8 (ii) an exemption from compliance;
9 with the standards prescribed by the state board under
10 IC 20-28-5.5-1(b) or IC 20-28-5.5-1.5; and
11 (2) meet the same requirements as other candidates.
12 SECTION 112. IC 20-28-5-18, AS AMENDED BY P.L.250-2023,
13 SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 18. (a) This section applies to an individual who:
15 (1) holds a valid teaching license issued by another state
16 (excluding a teaching license equivalent to an Indiana temporary
17 or emergency teaching license) in the same content area or areas
18 for which the individual is applying for a license in Indiana; and
19 (2) was required to pass a content licensure test to obtain the
20 license described in subdivision (1).
21 (b) Notwithstanding sections 3 and 12 of this chapter, the
22 department shall grant one (1) of the following licenses to an individual
23 described in subsection (a):
24 (1) If the individual has less than two (2) years of full-time
25 teaching experience, an initial practitioner's license.
26 (2) If the individual has at least two (2) years of full-time teaching
27 experience, a practitioner's license.
28 (3) If the individual has a master's degree from a regionally
29 accredited institution and at least two (2) years of full-time
30 teaching experience, an accomplished practitioner's license.
31 (c) An individual who is granted a license under this section shall
32 comply with the training or certification requirements prescribed by the
33 state board under IC 20-28-5.5-1(b) or IC 20-28-5.5-1.5. section 12.3
34 of this chapter.
35 SECTION 113. IC 20-28-5-26 IS REPEALED [EFFECTIVE JULY
36 1, 2025]. Sec. 26. (a) A teacher preparation program shall include
37 content within the curriculum that:
38 (1) prepares teacher candidates to use evidence based trauma
39 informed classroom instruction, including instruction in evidence
40 based social emotional learning classroom practices that are
41 conducive to supporting students who have experienced trauma
42 that may interfere with a student's academic functioning; and
HB 1002—LS 7340/DI 110 85
1 (2) provides information on applicable Indiana laws regarding
2 other instructional requirements and applicable Indiana laws
3 relating to the instruction and recognition described in
4 subdivision (1), including the following:
5 (A) IC 20-30-5-5.
6 (B) IC 20-30-5-6.
7 (C) IC 20-30-5-13.
8 (D) IC 20-30-5-17.
9 (E) IC 20-34-3-21.
10 (F) IC 20-34-9.
11 (b) The teacher preparation program shall consider using curricula
12 that includes:
13 (1) training on evidence based social emotional learning
14 classroom practices that are consistent with the state's social
15 emotional learning competencies established by the department;
16 (2) training on recognizing possible signs of social, emotional,
17 and behavioral reactions to trauma;
18 (3) training on the potential impacts of trauma;
19 (4) strategies for recognizing the signs and symptoms of trauma;
20 (5) practical recommendations for running a trauma informed
21 classroom; and
22 (6) approaches for avoiding revictimization in schools.
23 SECTION 114. IC 20-28-5-27, AS AMENDED BY P.L.170-2023,
24 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
25 JULY 1, 2025]: Sec. 27. (a) In an effort to fill a vacant teaching
26 position, offer a new program or class, or supplement a program
27 currently being offered, the governing body of a school corporation or
28 the equivalent authority for a charter school or nonpublic school may
29 issue an adjunct teacher permit to an individual if the following
30 minimum requirements are met:
31 (1) The individual has at least four (4) years of experience in the
32 content area in which the individual intends to teach.
33 (2) The school corporation, charter school, or nonpublic school
34 conducts an expanded criminal history check and expanded child
35 protection index check concerning the individual as required
36 under IC 20-26-5-10.
37 (3) The individual has not been convicted of a felony listed in
38 section 8(c) of this chapter or described in section 8(d) of this
39 chapter or the individual's conviction has been reversed, vacated,
40 or set aside on appeal.
41 However, the governing body or equivalent authority may establish
42 stricter requirements than the requirements prescribed by this
HB 1002—LS 7340/DI 110 86
1 subsection.
2 (b) If a governing body of a school corporation or the equivalent
3 authority for a charter school or nonpublic school issues an adjunct
4 teacher permit to an individual under subsection (a):
5 (1) the school corporation, charter school, or nonpublic school
6 may enter into an employment agreement for employment with
7 the individual as a part-time or full-time teacher of the school
8 corporation, charter school, or nonpublic school;
9 (2) the individual who holds the adjunct permit may teach in any
10 content area, including a career and technical education content
11 area, in which the school corporation, charter school, or nonpublic
12 school allows the individual to teach based on the individual's
13 experience described in subsection (a);
14 (3) the individual must be assigned a teacher mentor for support
15 in pedagogy; and
16 (4) the individual must complete the following training within the
17 first ninety (90) days of employment:
18 (A) IC 20-26-5-34.2 (bullying prevention). Bullying
19 prevention.
20 (B) IC 20-28-3-4.5 (training on child abuse and neglect).
21 Child abuse and neglect.
22 (C) IC 20-28-3-6 (youth suicide awareness and prevention
23 training). Youth suicide awareness and prevention.
24 (D) IC 20-28-3-7 (training on human trafficking). Human
25 trafficking.
26 The training described in subdivision (4)(D) may be completed through
27 the online platform described in IC 20-19-3-29.
28 (c) An adjunct teacher may not provide special education
29 instruction.
30 (d) The salary of an adjunct teacher under an employment
31 agreement described in IC 20-28-6-7.3 is not subject to the
32 requirements under IC 20-28-9-1.5 or a local compensation plan
33 established by a school corporation as described in IC 20-28-9-1.5.
34 (e) Except as otherwise provided in a collective bargaining
35 agreement entered into or renewed before July 1, 2022, an employment
36 agreement entered into under this section is not subject to a collective
37 bargaining agreement entered into under IC 20-29.
38 (f) It is not an unfair practice for a school corporation to enter into
39 an employment agreement under this section.
40 (g) Each school corporation or charter school that hires an adjunct
41 teacher under this section shall report to the department the following
42 information:
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1 (1) The number of adjunct teachers who hold a permit issued
2 under this section that the school corporation or charter school
3 has hired each school year, disaggregated by the grade level and
4 subject area taught by the adjunct teacher.
5 (2) The following information for each adjunct teacher described
6 in subdivision (1):
7 (A) The name of the adjunct teacher.
8 (B) The subject matter the adjunct teacher is permitted to
9 teach.
10 (C) A description of the adjunct teacher's experience described
11 in subsection (a)(1).
12 (D) The adjunct teacher's total salary and any other
13 compensation paid to the adjunct teacher during the school
14 year.
15 (E) The number of previous adjunct teaching employment
16 agreements the adjunct teacher has entered into with the
17 school corporation or charter school or any other school
18 corporation or charter school.
19 (h) A school corporation or charter school shall post a vacant
20 adjunct teacher position on the department's online adjunct teacher
21 portal established under IC 20-19-3-25.
22 (i) A school corporation may notify the parents of students enrolled
23 in the school corporation of a vacant adjunct teacher position.
24 (j) The governing body of a school corporation shall announce any
25 vacant adjunct teacher positions at meetings of the governing body.
26 SECTION 115. IC 20-28-5.5-1, AS AMENDED BY P.L.250-2023,
27 SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 1. (a) Subject to section 1.5 of this chapter, the
29 state board shall determine the timing, frequency, whether training
30 requirements can be combined or merged, and the method of training,
31 including whether the training should be required for purposes of
32 obtaining or renewing a license under IC 20-28-5, or, in consultation
33 with teacher preparation programs (as defined in IC 20-28-3-1(b)), as
34 part of the completion requirements for a teacher preparation program
35 for training required under the following sections:
36 IC 20-26-5-34.2.
37 IC 20-28-3-4.5.
38 IC 20-28-3-6.
39 IC 20-28-3-7.
40 IC 20-34-7-6.
41 IC 20-34-7-7.
42 IC 20-34-8-9.
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1 However, nothing in this subsection shall be construed to authorize the
2 state board to suspend or otherwise eliminate training requirements
3 described in this subsection.
4 (b) Subject to section 1.5 of this chapter, in addition to the training
5 described in subsection (a), (a) The department shall, in a manner
6 prescribed by the state board, require the following training before
7 issuing an initial practitioner license:
8 (1) ensure a teacher has training in:
9 (A) cardiopulmonary resuscitation that includes a test
10 demonstration on a mannequin;
11 (B) removing a foreign body causing an obstruction in an
12 airway;
13 (C) the Heimlich maneuver; and
14 (D) the use of an automated external defibrillator;
15 (2) ensure a teacher holds a valid certification in each of the
16 procedures described in subdivision (1) issued by:
17 (A) the American Red Cross;
18 (B) the American Heart Association; or
19 (C) a comparable organization or institution approved by the
20 state board; or
21 (3) determine if a teacher has physical limitations that make it
22 impracticable to complete a course or certification described in
23 subdivision (1) or (2).
24 The state board shall determine the timing, frequency, whether training
25 requirements can be combined or merged, and the method of training
26 or certification, including whether the training or certification should
27 be required for purposes of obtaining or renewing a license under
28 IC 20-28-5, or, in consultation with teacher preparation programs (as
29 defined in IC 20-28-3-1(b)), as part of the completion requirements for
30 a teacher preparation program. However, the frequency of the training
31 may not be more frequent and the method of training may not be more
32 stringent than required in IC 20-28-5-3(c) through IC 20-28-5-3(e), as
33 in effect on January 1, 2020. Nothing in this subsection shall be
34 construed to authorize the state board to suspend or otherwise eliminate
35 training requirements described in this subsection.
36 (c) The state board may recommend to the general assembly, in a
37 report in an electronic format under IC 5-14-6, to eliminate training
38 requirements described in subsection (a) or (b).
39 (d) In determining the training requirements for a school
40 corporation, charter school, or state accredited nonpublic school for
41 training required under:
42 (1) IC 20-26-5-34.2;
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1 (2) IC 20-28-3-4.5;
2 (3) IC 20-28-3-6; or
3 (4) IC 20-28-3-7;
4 the state board may consider whether a particular teacher received the
5 training described in this subsection as part of the teacher's licensing
6 requirements or at a teacher preparation program when determining
7 whether the particular teacher is required to receive the training by the
8 school corporation, charter school, or state accredited nonpublic
9 school.
10 (b) The department shall establish guidelines for schools
11 regarding the timing, frequency, and method of training
12 concerning the following:
13 (1) The training listed in IC 20-28-5-12.3.
14 (2) Bleeding control training.
15 (3) Sudden cardiac arrest training, including training on the
16 use of an automated external defibrillator (AED).
17 SECTION 116. IC 20-28-5.5-1.5, AS ADDED BY P.L.250-2023,
18 SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 1.5. After June 30, 2024, if an online platform is
20 established or licensed for use under IC 20-19-3-29, the training
21 described in any of the following statutes must be provided through the
22 online platform:
23 IC 20-20-39.
24 IC 20-26-5-34.2.
25 IC 20-26-5-34.4.
26 IC 20-26-9-8.
27 IC 20-28-3-4.5.
28 IC 20-28-3-6.
29 IC 20-28-3-7.
30 IC 20-28-5.5-1.
31 IC 20-30-12-2.
32 IC 20-34-3-24.
33 IC 20-34-7-6.
34 IC 20-34-7-7.
35 IC 20-34-8-9.
36 IC 20-35.5.
37 SECTION 117. IC 20-28-6-7, AS AMENDED BY P.L.118-2016,
38 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 7. (a) As used in this section, "teacher" includes
40 an individual who:
41 (1) holds a substitute teacher's license; and
42 (2) provides instruction in a joint summer school program. under
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1 IC 20-30-7-5.
2 (b) The supplemental service teacher's contract shall be used when
3 a teacher provides professional service in evening school or summer
4 school employment, except when a teacher or other individual is
5 employed to supervise or conduct noncredit courses or activities.
6 (c) The salary of a teacher on a supplemental service contract shall
7 be determined by the superintendent. The superintendent may, but is
8 not required to, base the salary on the regular compensation plan for
9 the school corporation.
10 SECTION 118. IC 20-28-10-3, AS ADDED BY P.L.1-2005,
11 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 3. (a) A school corporation may grant a teacher,
13 on written request, a sabbatical for improvement of professional skills
14 through:
15 (1) advanced study;
16 (2) work experience;
17 (3) teacher exchange programs; or
18 (4) approved educational travel.
19 (b) After taking a sabbatical, the teacher shall return for a length of
20 time equal to that of the sabbatical leave.
21 SECTION 119. IC 20-28-10-5, AS ADDED BY P.L.1-2005,
22 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 5. (a) A teacher who is pregnant may continue in
24 active employment as late into pregnancy as the teacher wishes, if the
25 teacher can fulfill the requirements of the teacher's position.
26 (b) Temporary disability caused by pregnancy is governed by the
27 following:
28 (1) A teacher who is pregnant shall be granted a leave of absence
29 any time between the commencement of the teacher's pregnancy
30 and one (1) year following the birth of the child, if the teacher
31 notifies the superintendent at least thirty (30) days before the date
32 on which the teacher wishes to start the leave. The teacher shall
33 notify the superintendent of the expected length of this leave,
34 including with this notice either:
35 (A) a physician's statement certifying the teacher's pregnancy;
36 or
37 (B) a copy of the birth certificate of the newborn;
38 whichever is applicable. However, in the case of a medical
39 emergency caused by pregnancy, the teacher shall be granted a
40 leave, as otherwise provided in this section, immediately on the
41 teacher's request and the certification of the emergency from an
42 attending physician.
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1 (2) All or part of a leave taken by a teacher because of a
2 temporary disability caused by pregnancy may be charged, at the
3 teacher's discretion, to the teacher's available sick days. However,
4 the teacher is not entitled to take accumulated sick days when the
5 teacher's physician certifies that the teacher is capable of
6 performing the teacher's regular teaching duties. The teacher is
7 entitled to complete the remaining leave without pay. However,
8 the teacher may receive compensation for the pregnancy leave
9 under a collective bargaining agreement or, if the teacher is not
10 represented by an exclusive representative, by governing body
11 policy.
12 SECTION 120. IC 20-28-10-13, AS AMENDED BY P.L.43-2021,
13 SECTION 94, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 13. (a) A governing body may not adopt residence
15 requirements for teachers or other school employees in the governing
16 body's employment, assignment, or reassignment for services in a
17 prescribed area.
18 (b) A school corporation that violates subsection (a) is ineligible for
19 state funds under all enactments regarding that subject. The secretary
20 of education and other state officials shall administer the funds
21 accordingly on the submission of sworn proof of the existence of the
22 discriminatory residence requirements.
23 SECTION 121. IC 20-28-10-16, AS AMENDED BY P.L.213-2015,
24 SECTION 183, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) If a teacher serves in the
26 general assembly, the teacher shall be given credit for the time spent in
27 this service, including the time spent for council or committee
28 meetings. The leave for this service does not diminish the teacher's
29 rights under the Indiana state teachers' retirement fund or the teacher's
30 advancement on the state or local compensation plan. For these
31 purposes, the teacher is, despite the leave, considered teaching for the
32 school during that time.
33 (b) The compensation received while serving in the general
34 assembly shall be included for teachers retiring after June 30, 1980, in
35 the determination of the teacher's annual compensation to compute the
36 teacher's retirement benefit under IC 5-10.2-4. A teacher serving in the
37 general assembly may choose to have deductions made from the
38 teacher's salary as a legislator for contributions under either
39 IC 5-10.4-4-11 or IC 5-10.3-7-9.
40 SECTION 122. IC 20-28-10-19, AS AMENDED BY P.L.43-2021,
41 SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
42 JULY 1, 2025]: Sec. 19. (a) Each governing body and its administrators
HB 1002—LS 7340/DI 110 92
1 shall arrange each teacher's daily working schedule to provide at least
2 thirty (30) minutes between 10 a.m. and 2 p.m. for a period free of
3 duties.
4 (b) The secretary of education shall report each failure to comply
5 with subsection (a) to the state board, which shall immediately inform
6 the governing body of each alleged violation.
7 (c) If the school corporation persistently fails or refuses to comply
8 with subsection (a) for one (1) year, the state board shall:
9 (1) lower the grade of accreditation of the school corporation; and
10 (2) publish notice of that action in at least one (1) newspaper
11 published in the county.
12 SECTION 123. IC 20-30-4-4 IS REPEALED [EFFECTIVE JULY
13 1, 2025]. Sec. 4. A graduation plan may be modified after initial
14 development. However, the modifications may not interfere with the
15 assurances described in section 2(b)(6) of this chapter.
16 SECTION 124. IC 20-30-4-5, AS AMENDED BY P.L.140-2008,
17 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 5. This chapter may not be construed to prevent
19 a student who chooses a particular curriculum under IC 20-30-12 or
20 IC 20-30-10 from including within the student's graduation plan
21 individual courses or programs that:
22 (1) are not included within the student's chosen curriculum; and
23 (2) the student is otherwise eligible to take.
24 SECTION 125. IC 20-30-5-5.5, AS AMENDED BY P.L.150-2023,
25 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 5.5. (a) Not later than October 15 of each year,
27 Each public school shall provide include in the public school's
28 curriculum age appropriate, research based instruction as provided
29 under IC 10-21-1-14(d) focusing on bullying prevention for all students
30 in grades 1 through 12.
31 (b) The department, in consultation with school safety specialists
32 and school counselors, shall prepare outlines or materials for the
33 instruction described in subsection (a) and incorporate the instruction
34 in grades 1 through 12.
35 (c) Instruction on bullying prevention may be delivered by a
36 teacher, school safety specialist, school counselor, or any other person
37 with training and expertise in the area of bullying prevention and
38 intervention.
39 SECTION 126. IC 20-30-5-5.7, AS AMENDED BY P.L.32-2021,
40 SECTION 55, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 5.7. (a) Not later than December 15, 2020, and
42 each December 15 thereafter, Each public school, including a charter
HB 1002—LS 7340/DI 110 93
1 school, and state accredited nonpublic school shall provide include in
2 the school's curriculum age appropriate:
3 (1) research and evidence based; or
4 (2) research or evidence based;
5 instruction on child abuse and child sexual abuse to students in
6 kindergarten through grade 12.
7 (b) The department, in consultation with school safety specialists,
8 school counselors, school social workers, or school psychologists, shall
9 identify outlines or materials for the instruction described in subsection
10 (a) and incorporate the instruction in kindergarten through grade 12.
11 (c) Any outlines and materials identified under subsection (b) must
12 be demonstrated to be effective and promising.
13 (d) Instruction on child abuse and child sexual abuse may be
14 delivered by a teacher, school safety specialist, school counselor, or
15 any other person with training and expertise in the area of child abuse
16 and child sexual abuse.
17 SECTION 127. IC 20-30-5-8 IS REPEALED [EFFECTIVE JULY
18 1, 2025]. Sec. 8. A course in safety education for at least one (1) full
19 semester shall be taught in grade 8 of each public school and nonpublic
20 school. The state board shall prepare a guide for this course that:
21 (1) the teacher shall use; and
22 (2) may be revised under the direction of the state board.
23 SECTION 128. IC 20-30-5-9, AS AMENDED BY P.L.56-2023,
24 SECTION 179, IS AMENDED TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) The principles of hygiene and
26 sanitary science must be taught in grade 5 of each public elementary
27 school. and may be taught in other grades. This instruction must
28 explain the ways that dangerous communicable diseases are spread and
29 the sanitary methods for disease prevention and restriction.
30 (b) The state health commissioner and the secretary of education
31 shall jointly compile a leaflet describing the principles of hygiene,
32 sanitary science, and disease prevention and shall supply the leaflets to
33 each superintendent, who shall:
34 (1) supply the leaflets to each school; and
35 (2) require the teachers to comply with this section.
36 (c) Each prosecuting attorney to whom the Indiana department of
37 health or the Indiana department of health's agents report any violation
38 of this section shall commence proceedings against the violator.
39 (d) (b) Any student who objects in writing, or any student less than
40 eighteen (18) years of age whose parent or guardian objects in writing,
41 to health and hygiene courses because the courses conflict with the
42 student's religious teachings is entitled to be excused from receiving
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1 medical instruction or instruction in hygiene or sanitary science without
2 penalties concerning grades or graduation.
3 SECTION 129. IC 20-30-5-10, AS ADDED BY P.L.1-2005,
4 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 10. (a) The governing body shall provide in each
6 public school for the illustrative teaching of:
7 (1) the spread of disease by:
8 (A) rats;
9 (B) flies; and
10 (C) mosquitoes;
11 and the effects of disease; and
12 (2) disease prevention by proper food selection and consumption.
13 (b) A school official who fails to comply with this section commits
14 a Class C infraction.
15 SECTION 130. IC 20-30-6.1-1 IS REPEALED [EFFECTIVE JULY
16 1, 2025]. Sec. 1. (a) Each school corporation may include as an elective
17 in the school corporation's high school curriculum a course surveying
18 religions of the world. The course must include as part of the course's
19 curriculum:
20 (1) the historical study of religion;
21 (2) the cultural study of religion; and
22 (3) a literary study of writings, documents, or records relating to
23 various religions.
24 (b) The curriculum described in subsection (a) must be neutral,
25 objective, and balanced. It may not encourage or promote acceptance
26 of any particular religion.
27 SECTION 131. IC 20-30-6.1-2 IS REPEALED [EFFECTIVE JULY
28 1, 2025]. Sec. 2. Each school corporation may include cursive writing
29 in the school corporation's curriculum.
30 SECTION 132. IC 20-30-6.1-3 IS REPEALED [EFFECTIVE JULY
31 1, 2025]. Sec. 3. A school corporation, charter school, or nonpublic
32 school with at least one (1) employee may provide a presentation or
33 instruction to students explaining aspects of autism, including
34 behaviors that students with autism may exhibit as well as student
35 interaction with students with autism.
36 SECTION 133. IC 20-30-7-2 IS REPEALED [EFFECTIVE JULY
37 1, 2025]. Sec. 2. (a) A school corporation may conduct a program of
38 summer school education.
39 (b) A school corporation may provide summer school educational
40 services through an online provider.
41 SECTION 134. IC 20-30-7-3 IS REPEALED [EFFECTIVE JULY
42 1, 2025]. Sec. 3. In addition to a program of summer school education
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1 described in section 1 of this chapter, a school corporation may conduct
2 a voluntary summer school enrichment program in which educational
3 programs that are not offered during the regular school year are offered
4 to students.
5 SECTION 135. IC 20-30-7-4 IS REPEALED [EFFECTIVE JULY
6 1, 2025]. Sec. 4. A school corporation shall determine the contents and
7 curriculum of a voluntary summer school enrichment program
8 described in section 3 of this chapter.
9 SECTION 136. IC 20-30-7-5 IS REPEALED [EFFECTIVE JULY
10 1, 2025]. Sec. 5. A school corporation may enter into an agreement
11 with:
12 (1) another school corporation;
13 (2) a state accredited nonpublic school; or
14 (3) both entities described in subdivisions (1) and (2);
15 to offer a joint summer school program for high school students.
16 SECTION 137. IC 20-30-7-6 IS REPEALED [EFFECTIVE JULY
17 1, 2025]. Sec. 6. An agreement under section 5 of this chapter must:
18 (1) designate one (1) participating school corporation as the local
19 education agency for the joint educational program; and
20 (2) specify the allocation of costs of the joint summer school
21 program, including teacher compensation, among the parties to
22 the agreement.
23 SECTION 138. IC 20-30-7-7 IS REPEALED [EFFECTIVE JULY
24 1, 2025]. Sec. 7. The parties to an agreement under section 5 of this
25 chapter may provide educational programs:
26 (1) that are not regularly provided as part of the established
27 curriculum during the school year; and
28 (2) for which a student who successfully completes a program
29 may receive high school and college credit under an articulation
30 agreement or dual credit provision under IC 20-32-3-9 or
31 IC 21-43-2.
32 SECTION 139. IC 20-30-7-8 IS REPEALED [EFFECTIVE JULY
33 1, 2025]. Sec. 8. Except as provided in section 9 of this chapter, an
34 instructor for an educational program described in section 7 of this
35 chapter must be:
36 (1) licensed under IC 20-28; or
37 (2) granted a substitute teacher's license by the department.
38 SECTION 140. IC 20-30-7-9 IS REPEALED [EFFECTIVE JULY
39 1, 2025]. Sec. 9. If the superintendent of the school corporation that is
40 the local education agency determines that:
41 (1) a qualified licensed teacher is not available from the entities
42 entering into an agreement under section 5 of this chapter; and
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1 (2) a qualified postsecondary instructor is available;
2 to instruct in an educational program described in section 7 of this
3 chapter, the superintendent may request the department to issue a
4 substitute teacher's license to the instructor of an educational program
5 described in section 7 of this chapter.
6 SECTION 141. IC 20-30-7-10 IS REPEALED [EFFECTIVE JULY
7 1, 2025]. Sec. 10. If the department finds that a qualified licensed
8 teacher is not available from the entities entering into an agreement
9 under section 5 of this chapter to instruct in an educational program
10 described in section 7 of this chapter, the department may issue a
11 substitute teacher's license to the instructor of an educational program
12 described in section 7 of this chapter.
13 SECTION 142. IC 20-30-7-11 IS REPEALED [EFFECTIVE JULY
14 1, 2025]. Sec. 11. An instructor for an educational program described
15 in section 7 of this chapter must be compensated at the same rate as the
16 rate determined for a teacher under IC 20-28-6-7 and the local
17 education agency's contract with certificated employees.
18 SECTION 143. IC 20-30-12 IS REPEALED [EFFECTIVE JULY 1,
19 2025]. (Technology Preparation Curriculum).
20 SECTION 144. IC 20-30-14 IS REPEALED [EFFECTIVE JULY 1,
21 2025]. (Community or Volunteer Service Program).
22 SECTION 145. IC 20-30-15 IS REPEALED [EFFECTIVE JULY 1,
23 2025]. (Nonsession School Activities).
24 SECTION 146. IC 20-31-1-1, AS AMENDED BY P.L.211-2021,
25 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 1. This article applies only to the following:
27 (1) Except as provided in IC 20-31-4.1-3, public schools.
28 (2) Except as provided in IC 20-31-7, State accredited nonpublic
29 schools.
30 SECTION 147. IC 20-31-2-4 IS REPEALED [EFFECTIVE JULY
31 1, 2025]. Sec. 4. "Committee" refers to the committee that develops the
32 strategic and continuous school improvement and achievement plan
33 under IC 20-31-5.
34 SECTION 148. IC 20-31-3-1, AS AMENDED BY P.L.250-2023,
35 SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 1. (a) Subject to section 2.5 of this chapter, the
37 state board shall adopt clear, concise, and jargon free state academic
38 standards that are comparable to national and international academic
39 standards and the college and career readiness educational standards
40 adopted under IC 20-19-2-14.5. These academic standards must be
41 adopted for each grade level from kindergarten through grade 12 for
42 the following subjects:
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1 (1) English/language arts.
2 (2) Mathematics.
3 (3) Social studies.
4 (4) Science.
5 (b) For grade levels tested under the statewide assessment program,
6 the academic standards must be based in part on the results of the
7 statewide assessment program.
8 (c) The state board shall, in consultation with postsecondary
9 educational institutions and various businesses and industries, identify
10 what skills or traits students need to be successful upon completion of
11 high school. The department must conduct a research study to define
12 essential postsecondary skills to promote enlistment, enrollment, and
13 employment. The study must inform a reduction in high school
14 standards to align to essential skills needed for postsecondary success.
15 The study must be submitted to the state board and to the general
16 assembly in an electronic format under IC 5-14-6 on or before
17 December 1, 2022. Not later than June 1, 2023, the department must
18 provide recommended reductions to the Indiana academic standards
19 with a goal of defining no more than thirty-three percent (33%) of the
20 number of academic standards in effect on July 1, 2022, as essential for
21 grades 9 through 12 to the state board. Additional standards may be
22 included for vertical articulation to ensure academic and postsecondary
23 success, not to exceed seventy-five percent (75%) of the academic
24 standards in effect on July 1, 2022. Not later than June 1, 2023, the
25 department must provide recommended reductions to the Indiana
26 academic standards with a goal of defining no more than thirty-three
27 percent (33%) of the number of academic standards in effect on July 1,
28 2022, as essential for kindergarten through grade 8 to the state board.
29 Additional standards may be included for vertical articulation to ensure
30 academic and postsecondary success, not to exceed seventy-five
31 percent (75%) of the academic standards in effect on July 1, 2022. A
32 realignment of the ILEARN assessment reflecting the reduction must
33 be completed not later than March 1, 2025.
34 (d) Upon receipt and review of the information received under
35 subsection (c), the state board shall adopt Indiana academic standards
36 for grades 9 through 12 and subsequently for kindergarten through
37 grade 8 relating to academic standards needed to meet the skills or
38 traits identified by the study. The academic standards developed under
39 this subsection must be included within the reduced number of
40 academic standards required by subsection (c). The department shall
41 submit the academic standards to the state board for approval in a
42 manner prescribed by the state board and the state board shall approve
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1 academic standards in accordance with the requirements described in
2 this subsection not later than July 1, 2023. Standards approved under
3 this subsection must be implemented for the 2023-2024 school year
4 and each school year thereafter.
5 (e) (b) Beginning with the 2024-2025 school year, the state board,
6 in developing academic standards for reading, shall implement
7 academic standards that are:
8 (1) aligned with the science of reading; and
9 (2) developmentally appropriate based on student need.
10 SECTION 149. IC 20-31-3-3, AS AMENDED BY P.L.150-2024,
11 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2025]: Sec. 3. (a) The department shall revise and update
13 academic standards:
14 (1) for each grade level from kindergarten through grade 12; and
15 (2) in each subject area listed in section 2 of this chapter;
16 at least once every six (6) years. in addition to the requirements
17 described in section 1(c) and 1(d) of this chapter. This revision must
18 occur on a cyclical basis.
19 (b) The department, in revising and updating academic standards
20 under subsection (a), shall do the following:
21 (1) Consider the skills, knowledge, and practices:
22 (A) that are necessary to understand and utilize emerging
23 technologies; and
24 (B) that may be rendered obsolete by emerging technologies.
25 (2) Consider for removal any academic standards that may be
26 obsolete as a result of emerging technologies.
27 (3) Provide support to school corporations regarding the
28 implementation of revised and updated academic standards that
29 have an emerging technologies component.
30 (4) Consider integrating computer science standards into a subject
31 area being revised.
32 (5) Consider integrating data literacy and data science standards
33 into a subject area being revised.
34 SECTION 150. IC 20-31-4.1-2, AS ADDED BY P.L.92-2020,
35 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 2. (a) A school in Indiana shall be accredited
37 under the system established by this chapter if the school meets legal
38 standards as determined by the state board.
39 (b) The state board shall establish a performance based accreditation
40 system for accrediting schools in Indiana under this chapter.
41 (c) The department shall waive accreditation standards for an
42 accredited nonpublic alternative school that enters into a contract with
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1 a school corporation to provide alternative education services for
2 students who have:
3 (1) dropped out of high school;
4 (2) been expelled; or
5 (3) been sent to the nonpublic alternative school due to the
6 students' lack of success in the public school environment;
7 to accommodate the nonpublic alternative school's program and student
8 population. A nonpublic alternative school to which this subsection
9 applies is not subject to being placed in a category or designation under
10 IC 20-31-8-4. However, the nonpublic alternative school must comply
11 with all state reporting requirements and submit a school improvement
12 growth model on the anniversary date of the nonpublic alternative
13 school's original accreditation.
14 (d) The state board may accredit a nonpublic school under this
15 chapter at the time the nonpublic school begins operation in Indiana.
16 (e) A school accredited under IC 20-26-15 shall be accredited under
17 this chapter by the earlier of the following:
18 (1) The date the school's contract under IC 20-26-15 expires.
19 (2) July 1, 2025.
20 SECTION 151. IC 20-31-4.1-3, AS ADDED BY P.L.92-2020,
21 SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 3. (a) The state board shall accredit a school that:
23 (1) becomes a charter school under IC 20-24; and
24 (2) complies with the requirements under IC 20-24.
25 (b) An authorizer (as defined in IC 20-24-1-2.5) of a charter school
26 is responsible for ensuring that the charter school is in compliance with
27 applicable legal standards as determined by the state board.
28 SECTION 152. IC 20-31-5 IS REPEALED [EFFECTIVE JULY 1,
29 2025]. (Strategic and Continuous School Improvement and
30 Achievement Plan).
31 SECTION 153. IC 20-31-6-2 IS REPEALED [EFFECTIVE JULY
32 1, 2025]. Sec. 2. (a) In developing a school's plan, the committee shall
33 consider methods to improve the cultural competency of the school's
34 teachers, administrators, staff, parents, and students.
35 (b) The committee shall:
36 (1) identify the racial, ethnic, language-minority, cultural,
37 exceptional learning, and socioeconomic groups that are included
38 in the school's student population;
39 (2) incorporate culturally appropriate strategies for increasing
40 educational opportunities and educational performance for each
41 group in the school's plan; and
42 (3) recommend areas in which additional professional
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1 development is necessary to increase cultural competency in the
2 school's educational environment.
3 (c) The committee shall update annually the information identified
4 under subsection (b)(1).
5 SECTION 154. IC 20-31-7 IS REPEALED [EFFECTIVE JULY 1,
6 2025]. (Student Educational Achievement Grants).
7 SECTION 155. IC 20-31-8-5.4, AS AMENDED BY P.L.93-2024,
8 SECTION 146, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2025]: Sec. 5.4. (a) Not later than November
10 15, 2013, the state board shall establish new categories or designations
11 of school performance under the requirements of this chapter to replace
12 511 IAC 6.2-6. The new standards of assessing school performance:
13 (1) must be based on a measurement of individual student
14 academic performance and growth to proficiency; and
15 (2) may not be based on a measurement of student performance
16 or growth compared with peers.
17 511 IAC 6.2-6 is void on the effective date of the rules adopted under
18 this section.
19 (b) After July 1, 2013, (a) The state board shall adopt rules under
20 IC 4-22-2 to implement this chapter.
21 (c) (b) Before beginning the any rulemaking process to establish
22 new categories or designations of school improvement, the state board
23 shall report to the general assembly the proposed new categories or
24 designations in an electronic format under IC 5-14-6.
25 SECTION 156. IC 20-31-8-10, AS ADDED BY P.L.269-2019,
26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 10. (a) Except as otherwise provided in this
28 section, if requested by a school, the department may place the school
29 in a "null" or "no letter grade" category for purposes of this chapter for
30 the first three (3) consecutive years of operation of the school.
31 (b) Subject to subsection (c), an innovation network school that
32 reconfigures an existing school must apply to the state board, in a
33 manner prescribed by the state board, to request to receive a "null" or
34 "no letter grade" for the reconfigured school during the school's first
35 three (3) consecutive years of operation by an innovation network team.
36 (c) In order to qualify for a "null" or "no letter grade" under
37 subsection (b), an innovation network school must clearly demonstrate:
38 (1) a significant change in educational philosophy from the
39 existing school and that the reconfiguration of the school is not
40 being made to avoid accountability; or
41 (2) any other item that the state board finds appropriate.
42 The state board shall adopt rules under IC 4-22-2 to establish criteria
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1 that the state board may consider in determining whether to grant an
2 innovation network school's request under subsection (b) and this
3 subsection.
4 (d) Subject to subsection (e), if the department used student growth
5 as the state board's exclusive means to determine an:
6 (1) innovation network school's category or designation of school
7 improvement under IC 20-25.7-4-5(d)(3) for the 2018-2019
8 school year; or
9 (2) innovation network charter school's category or designation of
10 school improvement under IC 20-25.7-5-2(d)(3) for the
11 2018-2019 school year;
12 the department shall, beginning with the 2019-2020 school year and
13 unless an innovation network school or innovation network charter
14 school requests otherwise, place the innovation network school or the
15 innovation network charter school, whichever is applicable, in a "null"
16 or "no letter grade" category for purposes of this chapter for not more
17 than the number of school years determined for the innovation network
18 school or innovation network charter school under subsection (e)
19 consecutively. This subsection expires July 1, 2023.
20 (e) Each innovation network school described in subsection (d)(1)
21 and each innovation network charter school described in subsection
22 (d)(2) may not be placed in a "null" or "no letter grade" category under
23 subsection (d) for more than the number of years that equal the result
24 of:
25 (1) three (3) school years; minus
26 (2) the number of school years that student growth was used as
27 the state board's exclusive means to determine the category or
28 designation of school improvement for the innovation network
29 school or innovation network charter school.
30 This subsection expires July 1, 2023.
31 (f) (d) The department shall post the proficiency and growth scores
32 of an innovation network school, an innovation network charter school,
33 or a school described in subsection (a) on the department's Internet web
34 site website for each year the innovation network school, innovation
35 network charter school, or school receives a "null" or "no letter grade"
36 under this section.
37 SECTION 157. IC 20-32-3-7, AS ADDED BY P.L.1-2005,
38 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 7. (a) Each student participating in the technology
40 preparation curriculum under IC 20-30-12 or the college preparation
41 curriculum under IC 20-30-10 may elect to pursue a certificate of
42 achievement in an academic area. Unless the governing body requires
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1 the acquisition of secondary level academic certificates of achievement
2 for graduation, the certificates of achievement are not a requirement for
3 graduation.
4 (b) For every secondary level technical education program for which
5 an appropriate secondary level technical certificate of achievement is
6 available, each student is required to undergo the appropriate technical
7 certificate of achievement assessment. Unless the governing body
8 requires the acquisition of the secondary level technical certificate of
9 achievement for graduation, the certificates of achievement are not a
10 requirement for graduation.
11 SECTION 158. IC 20-32-5.1-11, AS ADDED BY P.L.242-2017,
12 SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]: Sec. 11. (a) A student who is a student with a disability
14 (as defined in IC 20-35-1-8) shall be tested under this chapter with
15 appropriate accommodations as outlined in the student's individualized
16 education program, service plan developed under 511 IAC 7-34, or
17 choice scholarship education plan developed under 511 IAC 7-49 in
18 testing materials and procedures unless the individuals who develop
19 the student's individualized education program, service plan, or choice
20 scholarship education plan determine that testing or a part of the testing
21 under this chapter is not appropriate for the student and that an
22 alternate assessment will be used to test the student's achievement.
23 (b) Any decision concerning a student who is a student with a
24 disability (as defined in IC 20-35-1-8) regarding the student's:
25 (1) participation in testing under this chapter;
26 (2) receiving accommodations in testing materials and
27 procedures;
28 (3) participation in remediation; under IC 20-32-8; or
29 (4) retention at the same grade level for consecutive school years;
30 must be made in accordance with the student's individualized education
31 program, service plan, or choice scholarship education plan in
32 compliance with the statewide assessment program's policies and
33 federal law.
34 SECTION 159. IC 20-32-8 IS REPEALED [EFFECTIVE JULY 1,
35 2025]. (Remediation).
36 SECTION 160. IC 20-32-9 IS REPEALED [EFFECTIVE JULY 1,
37 2025]. (Postsecondary and Workforce Training Program Remediation
38 Reduction).
39 SECTION 161. IC 20-33-2-6, AS AMENDED BY P.L.242-2005,
40 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 6. A student is bound by the requirements of this
42 chapter from the earlier of the date on which the student officially
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1 enrolls in a school or, except as provided in section 8 of this chapter,
2 the beginning of the fall school term for the school year in which the
3 student becomes seven (7) years of age until the date on which the
4 student:
5 (1) graduates;
6 (2) becomes eighteen (18) years of age; or
7 (3) becomes sixteen (16) years of age but is less than eighteen
8 (18) years of age and the requirements under section 9 of this
9 chapter concerning an exit interview are met enabling the student
10 to withdraw from school before graduation;
11 whichever occurs first.
12 SECTION 162. IC 20-33-2-25, AS AMENDED BY P.L.90-2011,
13 SECTION 43, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 25. The superintendent or an attendance officer
15 having jurisdiction shall report a child who is habitually absent truant
16 from school in violation of this chapter to an intake officer of the
17 juvenile court or the department of child services. The intake officer or
18 the department of child services shall proceed in accord with IC 31-30
19 through IC 31-40.
20 SECTION 163. IC 20-33-2-39, AS AMENDED BY P.L.125-2024,
21 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 39. An attendance officer has the following duties:
23 (1) To serve subject to the rules, direction, and control of the
24 superintendent in the attendance officer's attendance district.
25 (2) To maintain an office at a place designated by the
26 superintendent.
27 (3) To be on duty during school hours and at other times as the
28 superintendent may request.
29 (4) To keep records and make reports as required by the state
30 board.
31 (5) To visit the homes of children who are absent from school or
32 who are reported to be in need of books, clothing, or parental
33 care.
34 (6) Whenever the superintendent directs or approves it, to bring
35 suit to enforce any provision of this chapter that is being violated.
36 (7) To serve written notice on any parent whose child is out of
37 school illegally.
38 (8) To visit factories employers where children are employed.
39 (9) To implement the truancy prevention measures required under
40 IC 20-33-2.5.
41 (10) To meet at least one (1) time each year with the department
42 of child services and the intake officer for the juvenile court to
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1 discuss the effectiveness of truancy prevention measures adopted
2 in the attendance officer's jurisdiction.
3 (11) To meet at least one (1) time each year with the state
4 attendance officer to:
5 (A) review data, policies, and procedures; and
6 (B) discuss recommending to the legislative council under
7 section 43 of this chapter legislation to deter absenteeism and
8 to promote school attendance.
9 The meeting with the state attendance officer may be conducted
10 in person, virtually, or both.
11 (12) To perform other duties necessary for complete enforcement
12 of this chapter and IC 20-33-2.5.
13 SECTION 164. IC 20-33-5-5, AS AMENDED BY P.L.201-2023,
14 SECTION 172, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 5. All school corporations must
16 give notice in nontechnical language and in a manner that can be
17 reasonably expected to reach parents of students before the assessment
18 and collection of any fees that are not fees for curricular materials. This
19 notice must inform the parents of the following:
20 (1) The availability of assistance under this chapter.
21 (2) The eligibility standards under this chapter.
22 (3) The procedure for obtaining assistance, including the right and
23 method of appeal.
24 (4) The availability of application forms at a designated school
25 office.
26 (5) That the parents may be required to pay a reasonable fee for
27 lost or significantly damaged curricular materials.
28 (6) The procedure for obtaining assistance under section 12 of
29 this chapter and under IC 20-41-2-5(b). and under IC 20-42-3-10.
30 (7) The right to appeal an assessment of a fee for lost or
31 significantly damaged curricular materials, including the
32 procedure required.
33 SECTION 165. IC 20-33-5-15 IS REPEALED [EFFECTIVE JULY
34 1, 2025]. Sec. 15. (a) Each school corporation shall provide each
35 student who applies for free or reduced priced lunches under the
36 national school lunch program with an enrollment form for the
37 twenty-first century scholars program under IC 21-12-6.
38 (b) The department shall provide each school corporation with
39 sufficient application forms under this section.
40 (c) Each school shall give assistance in reading the instructions and
41 completing the enrollment forms for the twenty-first century scholars
42 program.
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1 SECTION 166. IC 20-33-8.5-7, AS ADDED BY P.L.242-2005,
2 SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 7. A hearing under this chapter is not a hearing to
4 determine whether a student who has been suspended or expelled is a
5 child in need of services. However, if a court determines that a student
6 who has been suspended or expelled may:
7 (1) be a child in need of services (as described in IC 31-34-1); or
8 (2) have committed a delinquent act (as described in IC 31-37);
9 the court may notify the office of family and children the secretary of
10 family and social services or the prosecuting attorney.
11 SECTION 167. IC 20-34-3-24 IS REPEALED [EFFECTIVE JULY
12 1, 2025]. Sec. 24. (a) For purposes of this section, "bleeding control
13 kit" means a first aid response kit that contains at least the following:
14 (1) One (1) tourniquet endorsed by the Committee on Tactical
15 Combat Casualty Care.
16 (2) A compression bandage.
17 (3) A bleeding control bandage.
18 (4) Protective gloves and a permanent marker.
19 (5) Scissors.
20 (6) Instructional documents developed by the Stop the Bleed
21 national awareness campaign of the United States Department of
22 Homeland Security or the American College of Surgeons
23 Committee on Trauma, or both.
24 (7) Other medical materials and equipment similar to those
25 described in subdivisions (1) through (3), and any additional
26 items that:
27 (A) are approved by local law enforcement or first responders;
28 (B) can adequately treat a traumatic injury; and
29 (C) can be stored in a readily available kit.
30 (b) Beginning in the 2020-2021 school year and each school year
31 thereafter and subject to either:
32 (1) an appropriation by the general assembly; or
33 (2) a charter school or school corporation receiving sufficient
34 bleeding control kits for the charter school or each school in the
35 school corporation from:
36 (A) donations from individuals or entities; or
37 (B) gifts necessary to purchase the bleeding control kits;
38 each school corporation and charter school shall develop and
39 implement a Stop the Bleed program that meets the requirements set
40 forth in this section. Upon request by a school corporation or charter
41 school, the department of homeland security, in collaboration with the
42 department, may direct the school corporation or charter school to
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1 resources that are available to provide bleeding control kits to the
2 school corporation or charter school. The department of homeland
3 security and department shall maintain information regarding the Stop
4 the Bleed program on the department of homeland security's and
5 department's Internet web sites.
6 (c) A school corporation's Stop the Bleed program must include
7 each school of the school corporation. The Stop the Bleed program
8 must include requirements that:
9 (1) require bleeding control kits be assigned to designated rooms
10 in easily accessible locations to be determined by local first
11 responders or the school safety specialist;
12 (2) include bleeding control kits in the emergency plans of the
13 school corporation or charter school, including the presentation
14 and use of the bleeding control kits in all drills and emergencies;
15 (3) provide that all school corporations and charter schools have
16 a minimum of five (5) individuals in each school building who
17 obtain appropriate training in the use of the bleeding control kit,
18 including:
19 (A) the proper application of pressure to stop bleeding;
20 (B) the application of dressings or bandages;
21 (C) additional pressure techniques to control bleeding; and
22 (D) the correct application of tourniquets;
23 (4) require bleeding control kits in school inventories to be
24 inspected annually to ensure that the materials, supplies, and
25 equipment contained in the bleeding control kits are not expired,
26 and that any expired materials, supplies, and equipment are
27 replaced as necessary; and
28 (5) require a bleeding control kit to be restocked after each use
29 and any materials, supplies, and equipment to be replaced as
30 necessary to ensure that the bleeding control kit contains all
31 necessary materials, supplies, and equipment.
32 (d) The department, in collaboration with the department of
33 homeland security, shall develop and provide training for the use of
34 bleeding control kits. The department may satisfy the training
35 requirements by:
36 (1) using training, including online training, available from the
37 American College of Surgeons or a similar organization
38 authorized by the department of homeland security; or
39 (2) after June 30, 2024, offering the training required by this
40 section through the online platform established or licensed for use
41 under IC 20-19-3-29 if available.
42 (e) In all matters relating to a Stop the Bleed program, school
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1 corporation or charter school personnel are immune from civil liability
2 for any act done or omitted in the use of a bleeding control kit unless
3 the action constitutes gross negligence or willful or wanton
4 misconduct.
5 SECTION 168. IC 20-34-7-6, AS AMENDED BY P.L.250-2023,
6 SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 6. (a) As used in this section, "football" does not
8 include flag football.
9 (b) Prior to coaching football to individuals who are less than twenty
10 (20) years of age and are in grades 1 through 12, each head football
11 coach and assistant football coach shall complete a certified coaching
12 education course that:
13 (1) is sport specific;
14 (2) contains player safety content, including content on:
15 (A) concussion awareness;
16 (B) equipment fitting;
17 (C) heat emergency preparedness; and
18 (D) proper technique;
19 (3) requires a coach to complete a test demonstrating
20 comprehension of the content of the course; and
21 (4) awards a certificate of completion to a coach who successfully
22 completes the course.
23 (c) For a coach's completion of a course to satisfy the requirement
24 imposed by subsection (b), the course must have been approved by the
25 department.
26 (d) A coach shall complete a course in a manner prescribed by the
27 state board. under IC 20-28-5.5-1 or IC 20-28-5.5-1.5.
28 (e) An organizing entity shall maintain a file of certificates of
29 completion awarded under subsection (b)(4) to any of the organizing
30 entity's head coaches and assistant coaches.
31 (f) A coach who complies with this chapter and provides coaching
32 services in good faith is not personally liable for damages in a civil
33 action as a result of a concussion or head injury incurred by an athlete
34 participating in an athletic activity in which the coach provided
35 coaching services, except for an act or omission by the coach that
36 constitutes gross negligence or willful or wanton misconduct.
37 SECTION 169. IC 20-34-7-7, AS AMENDED BY P.L.250-2023,
38 SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2025]: Sec. 7. (a) Except as provided in subsection (c)(2), this
40 section applies after June 30, 2017.
41 (b) This section applies to a head coach or assistant coach who:
42 (1) coaches any:
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1 (A) interscholastic sport; or
2 (B) intramural sport and elects to comply or as part of the head
3 coach's or assistant coach's coaching certification requirements
4 is required to comply with this chapter; and
5 (2) is not subject to section 6 of this chapter.
6 (c) Before coaching a student athlete in any sport, a head coach and
7 every assistant coach described in subsection (b) must complete a
8 certified coaching education course that:
9 (1) contains player safety content on concussion awareness;
10 (2) after December 31, 2018, includes content for prevention of
11 or response to heat related medical issues that may arise from a
12 student athlete's training;
13 (3) requires a head coach or an assistant coach to complete a test
14 demonstrating comprehension of the content of the course; and
15 (4) awards a certificate of completion to a head coach or an
16 assistant coach who successfully completes the course.
17 (d) A course described in subsection (c) must be approved by the
18 department, in consultation with a physician licensed under IC 25-22.5.
19 The consulting physician for a course described in subsection (c)(1)
20 must have expertise in the area of concussions and brain injuries. The
21 department may, in addition to consulting with a physician licensed
22 under IC 25-22.5, consult with other persons who have expertise in the
23 area of concussions and brain injuries when developing a course
24 described in subsection (c)(1).
25 (e) A head coach and every assistant coach described in subsection
26 (b) must complete a course described in subsection (c) in a manner
27 prescribed by the state board. under IC 20-28-5.5-1 or
28 IC 20-28-5.5-1.5.
29 (f) Each school shall maintain all certificates of completion awarded
30 under subsection (c)(4) to each of the school's head coaches and
31 assistant coaches.
32 (g) A head coach or an assistant coach described in subsection (b)
33 who complies with this chapter and provides coaching services in good
34 faith is not personally liable for damages in a civil action as a result of
35 a concussion or head injury incurred by a student athlete participating
36 in an athletic activity for which the head coach or the assistant coach
37 provided coaching services, except for an act or omission by the head
38 coach or the assistant coach that constitutes gross negligence or willful
39 or wanton misconduct.
40 SECTION 170. IC 20-34-8-9, AS AMENDED BY P.L.9-2024,
41 SECTION 396, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2025]: Sec. 9. (a) This section applies to:
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1 (1) a head coach or assistant coach who coaches an athletic
2 activity;
3 (2) a marching band leader;
4 (3) a drama or musical leader; or
5 (4) a leader of an extracurricular activity in which students have
6 an increased risk of sudden cardiac arrest activity as determined
7 by the department in consultation with an organization that
8 specializes in the prevention of sudden cardiac arrest.
9 (b) An individual described in subsection (a) shall complete the
10 sudden cardiac arrest training course offered by a provider approved by
11 the department in a manner specified by the state board under
12 IC 20-28-5.5-1 or IC 20-28-5.5-1.5. The sudden cardiac arrest training
13 course described in this subsection must include training in the use of
14 an automated external defibrillator (AED). An individual described in
15 subsection (a) may not coach or lead the event in which students have
16 an increased risk of sudden cardiac arrest until the individual
17 completes the training course required under this subsection. The
18 provider shall provide the school with a certificate of completion to the
19 school corporation, charter school, or state accredited nonpublic school
20 for each individual who completes a course under this subsection.
21 (c) Each school corporation, charter school, or state accredited
22 nonpublic school shall maintain all certificates of completion awarded
23 under subsection (b) for each individual described in subsection (a).
24 (d) An individual described in subsection (a) who complies with this
25 section and provides coaching or leadership services in good faith is
26 not personally liable for damages in a civil action as a result of a
27 sudden cardiac arrest incurred by an applicable student participating in
28 an event in which students have an increased risk of sudden cardiac
29 arrest for which the head coach, assistant coach, marching band leader,
30 drama or musical leader, or other applicable leader provided coaching
31 or leadership services, except for an act or omission by the individual
32 described in subsection (a) that constitutes gross negligence or willful
33 or wanton misconduct.
34 (e) An individual described in subsection (a) may ensure that an
35 operational automated external defibrillator (AED) is present at each
36 event in which students have an increased risk of sudden cardiac arrest
37 for which the individual described in subsection (a) is providing
38 coaching or leadership.
39 (f) An automated external defibrillator (AED) described in
40 subsection (e) may be:
41 (1) deployed in accordance with the venue specific emergency
42 action plan for sudden cardiac arrest developed under subsection
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1 (i);
2 (2) except as provided in subsection (g), located on the premises
3 where the event in which students have an increased risk of
4 sudden cardiac arrest occurs; and
5 (3) present for the duration of the event in which students have an
6 increased risk of sudden cardiac arrest.
7 (g) One (1) automated external defibrillator (AED) may be shared
8 by two (2) or more events in which students have an increased risk of
9 sudden cardiac arrest if the following conditions are met:
10 (1) The events in which students have an increased risk of sudden
11 cardiac arrest occur at the same time.
12 (2) The events in which students have an increased risk of sudden
13 cardiac arrest occur in locations that are in close proximity to
14 each other, as determined by the department.
15 (3) The automated external defibrillator (AED) is placed in a
16 designated location that is between the events in which students
17 have an increased risk of sudden cardiac arrest and meets the
18 requirement of subsection (f)(3).
19 (4) Each individual described in subsection (a) who conducts an
20 event in which students have an increased risk of sudden cardiac
21 arrest described in this subsection is aware of the designated
22 location of the automated external defibrillator (AED).
23 (h) At each event in which students have an increased risk of sudden
24 cardiac arrest, an individual described in subsection (a) may inform all
25 individuals who are coaching or providing leadership at the event in
26 which students have an increased risk of sudden cardiac arrest of the
27 location of the automated external defibrillator (AED).
28 (i) A school corporation, charter school, and state accredited
29 nonpublic school may do the following:
30 (1) Ensure that an automated external defibrillator (AED)
31 described in subsection (e) is properly maintained.
32 (2) Develop a venue specific emergency action plan for sudden
33 cardiac arrest that:
34 (A) establishes a goal of responding within three (3) minutes
35 to a sudden cardiac arrest occurring within the venue; and
36 (B) requires the performance of periodic drills at times and
37 locations determined by the governing body.
38 (3) Distribute the plan described in subdivision (2) to the school
39 board.
40 (4) Share the plan described in subdivision (2) with each
41 individual described in subsection (a).
42 (5) Post the plan described in subdivision (2) in a conspicuous
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1 place so that it is visible by any participants of an activity at the
2 venue.
3 (6) Before the beginning of the season of each event in which
4 students have an increased risk of sudden cardiac arrest, share the
5 plan described in subdivision (2) with all applicable students.
6 (j) A school corporation, a charter school, a state accredited
7 nonpublic school, (as defined in IC 20-18-2-18.7), or an accredited
8 nonpublic school (as defined in IC 10-21-1-1) may apply for a grant
9 under IC 10-21-1-2(a)(1)(C)(viii) to purchase an automated external
10 defibrillator (AED) if the school corporation, charter school, state
11 accredited nonpublic school or accredited nonpublic school develops
12 a venue specific emergency action plan for sudden cardiac arrest.
13 SECTION 171. IC 20-35-2-1, AS AMENDED BY P.L.162-2024,
14 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 1. (a) There is established under the state board
16 a division of special education. The division shall exercise all the
17 power and duties set out in this chapter, IC 20-35-3 through
18 IC 20-35-6, and IC 20-35-8.
19 (b) The governor secretary of education shall appoint upon the
20 recommendation of the secretary of education, a director of special
21 education who serves at the pleasure of the governor. secretary of
22 education. The amount of compensation of the director shall be
23 determined by the budget agency with the approval of the governor.
24 The director has the following duties:
25 (1) To do the following:
26 (A) Have general supervision of special education programs
27 and services, including those conducted by school
28 corporations, charter schools, the Indiana School for the Blind
29 and Visually Impaired, the Indiana School for the Deaf, the
30 department of correction, and the division of mental health and
31 addiction to ensure compliance with federal and state special
32 education laws and rules.
33 (B) Take appropriate action to ensure school corporations,
34 charter schools, and the department remain eligible for federal
35 special education funds.
36 (C) Oversee the training of hearing officers and establish
37 guidelines as described in IC 20-35-14-5.
38 (2) With the consent of the secretary of education and the budget
39 agency, to appoint and determine salaries for any assistants and
40 other personnel needed to enable the director to accomplish the
41 duties of the director's office.
42 SECTION 172. IC 20-36-2-1, AS AMENDED BY P.L.251-2017,
HB 1002—LS 7340/DI 110 112
1 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 1. (a) The department shall establish a state
3 resources program using designated state resources that:
4 (1) supports school corporations in the development of local
5 programs for high ability students;
6 (2) enables educational opportunities that encourage high ability
7 students to reach the highest possible level at every stage of the
8 students' development; and
9 (3) provides state integrated services that include the following:
10 (A) Information and materials resource centers.
11 (B) Professional development plan and programs.
12 (C) Research and development services.
13 (D) Technical assistance that includes the following:
14 (i) Student assessment.
15 (ii) Program assessment.
16 (iii) Program development and implementation.
17 (E) Support for educators pursuing professional development
18 leading to endorsement or licensure in high ability education.
19 (b) In addition to the program established under subsection (a), the
20 department shall use appropriations to provide grants to school
21 corporations for expenditures beyond those for regular educational
22 programs and specific to programs for high ability students under
23 section 2 of this chapter in an amount determined by the department
24 that is based upon a set minimum amount increased by an additional
25 amount for each student in the program. A school corporation's
26 program must align with the strategic and continuous school
27 improvement and achievement plans under IC 20-31-5-4 for the
28 schools within the school corporation. A school that receives a grant
29 under this subsection shall submit an annual report to the department
30 that includes the following:
31 (1) The programs for which the grant is used.
32 (2) The results of the programs for which the grant is used,
33 including student general assessment results, program
34 effectiveness, or student achievement.
35 SECTION 173. IC 20-36-4 IS REPEALED [EFFECTIVE JULY 1,
36 2025]. (Governor's Scholars Academy).
37 SECTION 174. IC 20-37-2-1 IS REPEALED [EFFECTIVE JULY
38 1, 2025]. Sec. 1. (a) A governing body may establish and conduct a
39 system of industrial or manual training and education to teach:
40 (1) the major uses of tools and mechanical implements;
41 (2) the elementary principles of mechanical construction;
42 (3) mechanical drawing; and
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1 (4) printing.
2 (b) If a system is established, the governing body shall employ
3 competent instructors in the various subjects and shall establish rules
4 and regulations on student admissions designed to produce the best
5 results and to give instruction to the largest practicable number. A
6 governing body may provide this instruction in school buildings or in
7 separate buildings. Each governing body may:
8 (1) require students enrolling in this system to pay a reasonable
9 tuition fee; and
10 (2) differentiate between students living in the attendance unit
11 and those living outside the attendance unit in the amount of
12 tuition charged.
13 However, tuition charges by a school corporation operating under
14 IC 20-25-3 and IC 20-25-4 are also regulated by IC 20-25-4-17.
15 (c) Each governing body must provide equal access to students who
16 attend a charter school or state accredited nonpublic school utilizing
17 the same admittance practices that are currently in place if the charter
18 school, state accredited nonpublic school, student, or school
19 corporation (if the student is a dual enrollment student) provides the
20 governing body tuition for the student, which may not be greater than
21 the per capita cost of operating the system of industrial or manual
22 training. However, the admission of a charter school or state accredited
23 nonpublic school student may not result in the denial of a placement for
24 a student enrolled in the school corporation or an entity established
25 under IC 20-37-1-1.
26 SECTION 175. IC 20-37-2-4 IS REPEALED [EFFECTIVE JULY
27 1, 2025]. Sec. 4. (a) Career and technical education centers, schools, or
28 departments for industrial, agricultural, or home economics education
29 may offer instruction in:
30 (1) day;
31 (2) part-time; and
32 (3) evening;
33 classes so that instruction in the principles and practice of the arts can
34 occur together. The instruction must be less than college grade, and the
35 instruction must be designed to meet the vocational needs of a person
36 who can profit by the instruction.
37 (b) Evening classes in:
38 (1) an industrial;
39 (2) an agricultural; or
40 (3) a home economics;
41 school or department must offer training for a person employed during
42 the working day. This training, in order to be considered career and
HB 1002—LS 7340/DI 110 114
1 technical training, must deal with and relate to the subject matter of the
2 day employment. However, evening classes in home economics must
3 be open to all individuals.
4 (c) Part-time classes in an industrial, agricultural, or home
5 economics school or department are for persons giving a part of each
6 working day, week, or longer period to a part-time class when it is in
7 session. This part-time instruction must be:
8 (1) complementary to the particular work conducted in the
9 employment;
10 (2) in subjects offered to enlarge civic or vocational intelligence;
11 or
12 (3) in trade preparation subjects.
13 SECTION 176. IC 20-37-2-10 IS REPEALED [EFFECTIVE JULY
14 1, 2025]. Sec. 10. (a) Each governing body administering approved
15 vocational schools or departments for industrial, agricultural, or home
16 economics education shall appoint an advisory committee composed
17 of members representing local trades, industries, and occupations.
18 (b) The advisory committee shall advise the governing body and
19 other school officials having the management and supervision of the
20 schools or departments described in subsection (a).
21 SECTION 177. IC 20-37-2-12 IS REPEALED [EFFECTIVE JULY
22 1, 2025]. Sec. 12. A school corporation that offers an institutional farm
23 training program in any high school to veterans under 38 U.S.C. 3201
24 et seq. may accept from any student tuition fees to be paid by the
25 student from any allotment for tuition fees received by the student from
26 the United States Department of Veterans Affairs.
27 SECTION 178. IC 20-39-1-3 IS REPEALED [EFFECTIVE JULY
28 1, 2025]. Sec. 3. IC 20-26-15-6 applies to the budget and accounting
29 system of a freeway school.
30 SECTION 179. IC 20-40-1-2 IS REPEALED [EFFECTIVE JULY
31 1, 2025]. Sec. 2. As used in this chapter, "freeway school" has the
32 meaning set forth in IC 20-26-15-2.
33 SECTION 180. IC 20-40-1-3 IS REPEALED [EFFECTIVE JULY
34 1, 2025]. Sec. 3. As used in this chapter, "freeway school corporation"
35 has the meaning set forth in IC 20-26-15-3.
36 SECTION 181. IC 20-40-18-7, AS ADDED BY P.L.244-2017,
37 SECTION 86, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2025]: Sec. 7. (a) This section sets forth an exclusive list of
39 the expenditures that may be made from the operations fund under
40 section 5(1) of this chapter, as set forth in the school corporation's plan
41 or amended plan.
42 (b) Subject to the expenditures that are identified in the school
HB 1002—LS 7340/DI 110 115
1 corporation's plan or amended plan, the operations fund shall be used
2 for the following:
3 (1) Site acquisition.
4 (2) Site development.
5 (3) Building acquisition, construction, replacement, renovation,
6 remodeling, improvement, and maintenance, including building
7 materials and employment services described in subsection (c).
8 (4) Rental of real estate, buildings, facilities, and equipment.
9 However, the fund may not be used for payments authorized
10 under IC 20-47-2 and IC 20-47-3.
11 (5) To repair and replace buildings and to repair and replace
12 building fixtures that are:
13 (A) owned or leased by the school corporation; and
14 (B) of a type constituting loss capable of being covered by
15 casualty insurance.
16 (6) Purchase, lease, repair, or maintenance of equipment,
17 including maintenance vehicles to be used by the school
18 corporation. However, the fund may not be used to pay for the
19 following:
20 (A) The purchase, lease, repair, or maintenance of vehicles
21 that are not maintenance vehicles.
22 (B) Except as provided in subdivision (7), equipment to be
23 used primarily for interscholastic or extracurricular activities.
24 (7) Service contracts for janitorial and custodial services,
25 maintenance services, snow and ice removal services, trash
26 removal services, mowing and lawn care services, pest control
27 services, and any other routine services normally required in the
28 maintenance or upkeep of school facilities.
29 (8) Repair, replacement, or site acquisition that is necessitated by
30 an emergency.
31 (9) Construction, repair, replacement, remodeling, or maintenance
32 of a school sports facility. However, the maximum expenditures
33 under this subdivision in a calendar year may not exceed two and
34 seven-tenths percent (2.7%) of the property tax revenues levied
35 for the fund in the calendar year.
36 (10) Utilities.
37 (11) Property and casualty insurance.
38 (12) Purchase, lease, upgrade, maintain, or repair technology that
39 will not be allocated to student instruction and learning under
40 IC 20-42.5, including the following:
41 (A) Computer hardware, computer software, wiring and
42 computer networks, and communication access systems used
HB 1002—LS 7340/DI 110 116
1 to connect with computer networks or electronic gateways.
2 (B) Services of full-time or part-time computer maintenance
3 employees.
4 (C) Conducting nonrecurring inservice technology training of
5 school employees.
6 (D) Implementing the technology preparation curriculum.
7 under IC 20-30-12.
8 (E) Participating in a program to provide educational
9 technologies, including:
10 (i) computers in the homes of students (commonly referred
11 to as "the buddy system project") under IC 20-20-13-6;
12 (ii) the 4R's technology program; or
13 (iii) any other program under the educational technology
14 program described in IC 20-20-13.
15 (F) Obtaining any combination of equipment or services
16 described in clauses (D) and (E).
17 (13) To pay advances, together with interest on the advances,
18 from the common school fund for educational technology
19 programs under IC 20-49-4.
20 (14) To pay for energy saving contracts entered into by a school
21 corporation under IC 36-1-12.5.
22 (15) To maintain a joint school established with a school
23 corporation in an adjacent state under IC 20-23-11 as is otherwise
24 provided by law for maintaining the public schools in Indiana.
25 (16) To pay a judgment rendered against the school corporation,
26 or rendered against an officer or employee of the school
27 corporation for which the school corporation is liable under
28 IC 34-13-2, IC 34-13-3, or IC 34-13-4 (or IC 34-4-16.5,
29 IC 34-4-16.6, or IC 34-4-16.7 before their repeal).
30 (17) To pay a claim or settlement for which the school corporation
31 is liable under IC 34-13-2, IC 34-13-3, or IC 34-13-4 (or
32 IC 34-4-16.5, IC 34-4-16.6, or IC 34-4-16.7 before their repeal).
33 (18) To pay a premium, management fee, claim, or settlement for
34 which the school corporation is liable under a federal or state
35 statute, including IC 22-3 and IC 22-4.
36 (19) To pay a settlement or claim for which insurance coverage
37 is permitted under IC 20-26-5-4(a)(15).
38 (20) All other lawful expenses that are not expenses described in
39 IC 20-40-2-4.
40 (21) To pay for expenses incurred as a result of unusual
41 circumstances.
42 (c) The fund shall be used to pay for services of school corporation
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1 employees who perform services considered to be a skilled trade by the
2 United States Department of Labor, Employment and Training
3 Administration. For purposes of this subsection, skilled trade services
4 do not include janitorial or comparable routine services normally
5 provided in the daily operation of school facilities or equipment.
6 Payment may be made for employee services only if the employees
7 perform:
8 (1) construction of;
9 (2) renovation of;
10 (3) remodeling of;
11 (4) repair of; or
12 (5) maintenance on;
13 the facilities and equipment of the school corporation.
14 SECTION 182. IC 20-42-3 IS REPEALED [EFFECTIVE JULY 1,
15 2025]. (Seminary Township School Fund).
16 SECTION 183. IC 20-42.5-2-1, AS AMENDED BY P.L.126-2017,
17 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2025]: Sec. 1. A school corporation, charter school, or
19 applicable nonpublic school individually, in collaboration with other
20 school corporations, charter schools, or applicable nonpublic schools
21 acting jointly, and through the educational services centers may
22 undertake action to reduce noninstructional expenditures and allocate
23 the resulting savings to student instruction and learning. Actions taken
24 under this section include the following:
25 (1) Pooling of resources with other school corporations, charter
26 schools, or applicable nonpublic schools for liability insurance,
27 property and casualty insurance, worker's compensation
28 insurance, employee health insurance, vision insurance, dental
29 insurance, or other insurance, whether by pooling risks for
30 coverage or for the purchase of coverage, or by the creation of or
31 participation in insurance trusts, subject to the following:
32 (A) School corporations, charter schools, and applicable
33 nonpublic schools that elect to pool assets for coverage must
34 create a trust under Indiana law for the assets. The trust is
35 subject to regulation by the department of insurance as
36 follows:
37 (i) The trust must be registered with the department of
38 insurance.
39 (ii) The trust shall obtain stop loss insurance issued by an
40 insurer authorized to do business in Indiana with an
41 aggregate retention of not more than one hundred
42 twenty-five percent (125%) of the amount of expected
HB 1002—LS 7340/DI 110 118
1 claims for the following year.
2 (iii) Contributions by the school corporations, charter
3 schools, and applicable nonpublic schools, acting jointly,
4 must be set at one hundred percent (100%) of the aggregate
5 retention plus all other costs of the trust.
6 (iv) The trust shall maintain a fidelity bond in an amount
7 approved by the department of insurance. The fidelity bond
8 must cover each person responsible for the trust for acts of
9 fraud or dishonesty in servicing the trust.
10 (v) The trust is subject to IC 27-4-1-4.5 regarding claims
11 settlement practices.
12 (vi) The trust shall file an annual audited financial
13 statement in the form required by IC 27-1-3-13 with the
14 department of insurance not later than March 1 May 1 of
15 each year.
16 (vii) The trust is not covered by the Indiana insurance
17 guaranty association created under IC 27-6-8. The liability
18 of each school corporation, charter school, and applicable
19 nonpublic school is joint and several.
20 (viii) The trust is subject to examination by the department
21 of insurance. All costs associated with an examination shall
22 be borne by the trust.
23 (ix) The department of insurance may deny, suspend, or
24 revoke the registration of a trust if the commissioner finds
25 that the trust is in a hazardous financial condition, the trust
26 refuses to be examined or produce records for examination,
27 or the trust has failed to pay a final judgment rendered
28 against the trust by a court within thirty (30) days.
29 (B) The department of insurance may adopt rules under
30 IC 4-22-2 to implement this subdivision.
31 (2) Electing, as an individual school corporation, charter school,
32 or applicable nonpublic school, or as more than one (1) school
33 corporation, charter school, or applicable nonpublic school acting
34 jointly, to aggregate purchases of natural gas commodity supply
35 from any available natural gas commodity seller for all schools
36 included in the aggregated purchases. A rate schedule that is:
37 (A) filed by a natural gas utility; and
38 (B) approved by the Indiana utility regulatory commission;
39 must include provisions that allow a school corporation, charter
40 school, or applicable nonpublic school, or more than one (1)
41 school corporation, charter school, or applicable nonpublic school
42 acting jointly, to elect to make aggregated purchases of natural
HB 1002—LS 7340/DI 110 119
1 gas commodity supplies. Upon request from a school corporation,
2 charter school, or applicable nonpublic school, a natural gas
3 utility shall summarize the rates and charges for providing
4 services to each school in the school corporation, to the charter
5 school, or to the applicable nonpublic school, or to each school in
6 a school corporation, charter school, and applicable nonpublic
7 school that are acting jointly, on one (1) summary bill for
8 remitting payment to the utility.
9 (3) Consolidating purchases with other school corporations,
10 charter schools, applicable nonpublic schools, or units of
11 government of the following:
12 (A) School buses and other vehicles and vehicle fleets.
13 (B) Fuel, maintenance, or other services for vehicles or vehicle
14 fleets.
15 (C) Food services.
16 (D) Facilities management services.
17 (E) Transportation management services.
18 (F) Curricular materials, technology, and other school
19 materials and supplies.
20 (G) Any other purchases a school corporation, charter school,
21 or applicable nonpublic school may require.
22 Purchases may be made by contiguous school corporations,
23 including charter schools or applicable nonpublic schools in the
24 contiguous school corporations, as part of regional consolidated
25 purchasing arrangements, or from consolidated sources under
26 multistate cooperative bidding arrangements.
27 SECTION 184. IC 20-43-15 IS REPEALED [EFFECTIVE JULY 1,
28 2025]. (Dual Credit Teacher Stipend Matching Grant Fund).
29 SECTION 185. IC 20-44-2-4, AS AMENDED BY P.L.244-2017,
30 SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31 JULY 1, 2025]: Sec. 4. A school corporation may impose a levy for a
32 fund (before January 1, 2019) or its operations fund, (after December
33 31, 2018), as permitted in IC 20-48-1-7, to repay an emergency loan to
34 the fund (before January 1, 2019) or operations fund. (after December
35 31, 2018).
36 SECTION 186. IC 20-45-8-29, AS ADDED BY P.L.236-2023,
37 SECTION 152, IS AMENDED TO READ AS FOLLOWS
38 [EFFECTIVE JULY 1, 2025]: Sec. 29. (a) This chapter expires on the
39 later of:
40 (1) January 1, 2045; or
41 (2) the date on which all bonds or lease agreements outstanding
42 on July 1, 2023, for which a pledge of tax revenue is made under
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1 this chapter are completely paid.
2 (b) Not later than December 31, 2023, the fiscal officer of the
3 county shall provide to the department of local government finance:
4 (1) a list of each bond or lease agreement outstanding on July 1,
5 2023, for which a pledge of tax revenue is made under this
6 chapter; and
7 (2) the date on which each bond or lease agreement identified
8 in subdivision (1) will be completely paid.
9 The department of local government finance shall publish the
10 information received under this subsection on the department's
11 interactive and searchable website containing local government
12 information (the Indiana gateway for governmental units).
13 SECTION 187. IC 20-45-9-1, AS ADDED BY P.L.236-2023,
14 SECTION 153, IS AMENDED TO READ AS FOLLOWS
15 [EFFECTIVE JULY 1, 2025]: Sec. 1. This chapter does not apply to a
16 qualified school corporation until the expiration of IC 20-45-8 under
17 IC 20-45-8-29(a). IC 20-45-8-29.
18 SECTION 188. IC 20-45-9-3, AS ADDED BY P.L.236-2023,
19 SECTION 153, IS AMENDED TO READ AS FOLLOWS
20 [EFFECTIVE JULY 1, 2025]: Sec. 3. A qualified school corporation's
21 property tax levy under this chapter for a calendar year is a property tax
22 levy for the qualified school corporation's operations fund equal to the
23 amount of the distribution that the qualified school corporation
24 received in the year preceding the expiration of IC 20-45-8 under
25 IC 20-45-8-29(a). IC 20-45-8-29. The property tax levy under this
26 chapter is part of the maximum permissible ad valorem property tax
27 levy under IC 20-46-8-1 for the qualified school corporation's
28 operations fund.
29 SECTION 189. IC 20-46-8-11, AS ADDED BY P.L.236-2023,
30 SECTION 155, IS AMENDED TO READ AS FOLLOWS
31 [EFFECTIVE JULY 1, 2025]: Sec. 11. (a) This chapter does not apply
32 to a qualified school corporation until the expiration of IC 20-45-8
33 under IC 20-45-8-29(a). IC 20-45-8-29.
34 (b) As used in this section, "qualified school corporation" has the
35 meaning set forth in IC 20-45-9-2.
36 (c) The property tax levy limits imposed by section 1 of this chapter
37 do not apply to property taxes imposed by a qualified school
38 corporation under IC 20-45-9.
39 (d) For the purpose of computing the maximum permissible
40 operations fund property tax levy imposed on a qualified school
41 corporation by section 1 of this chapter, the qualified school
42 corporation's maximum permissible operations fund levy for a
HB 1002—LS 7340/DI 110 121
1 particular year does not include that part of the levy described in
2 subsection (c).
3 SECTION 190. IC 20-51-1-4, AS ADDED BY P.L.182-2009(ss),
4 SECTION 364, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) "Cost of education" means the
6 tuition and fees that would otherwise be charged by a participating
7 school to:
8 (1) an eligible student; or
9 (2) a parent of an eligible student.
10 (b) In the case of an eligible pupil who attends a public school, the
11 term includes any transfer tuition charged to the eligible student or a
12 parent of the eligible student.
13 SECTION 191. IC 20-51-1-4.7, AS AMENDED BY P.L.242-2017,
14 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 4.7. "Eligible school" refers to a public or
16 nonpublic elementary school or high school that:
17 (1) is located in Indiana;
18 (2) requires an eligible choice scholarship student to pay tuition
19 or transfer tuition to attend;
20 (3) voluntarily agrees to enroll an eligible choice scholarship
21 student;
22 (4) is accredited by either the state board or a national or regional
23 accreditation agency that is recognized by the state board;
24 (5) administers the statewide assessment program;
25 (6) is not a charter school or the school corporation in which an
26 eligible choice scholarship student has legal settlement under
27 IC 20-26-11; and
28 (7) submits to the department only the student performance data
29 required for a category designation under IC 20-31-8-3.
30 SECTION 192. IC 20-51-1-6, AS AMENDED BY P.L.242-2017,
31 SECTION 50, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2025]: Sec. 6. (a) "Participating school" refers to a public or
33 nonpublic school that:
34 (1) an eligible student is required to pay tuition or transfer tuition
35 to attend;
36 (2) voluntarily agrees to enroll an eligible student;
37 (3) is accredited by either the state board or a national or regional
38 accreditation agency that is recognized by the state board; and
39 (4) administers the tests under the statewide assessment program
40 or administers another nationally recognized and norm-referenced
41 assessment of the school's students.
42 (b) The term does not include a public school in a school
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1 corporation where the eligible student has legal settlement under
2 IC 20-26-11.
3 SECTION 193. IC 20-51-4-4, AS AMENDED BY P.L.165-2021,
4 SECTION 177, IS AMENDED TO READ AS FOLLOWS
5 [EFFECTIVE JULY 1, 2025]: Sec. 4. (a) The amount an eligible choice
6 scholarship student is entitled to receive under this chapter for a school
7 year is equal to the following:
8 (1) The lesser of the following:
9 (A) The sum of the tuition or transfer tuition and fees required
10 for enrollment or attendance of the eligible choice scholarship
11 student at the eligible school selected by the eligible choice
12 scholarship student for a school year that the eligible choice
13 scholarship student (or the parent of the eligible choice
14 scholarship student) would otherwise be obligated to pay to
15 the eligible school.
16 (B) For the state fiscal year beginning July 1, 2021, and each
17 state fiscal year thereafter, an amount equal to ninety percent
18 (90%) of the state tuition support amount determined under
19 section 5 of this chapter.
20 (2) In addition to the amount described in subdivision (1), if the
21 eligible choice scholarship student has been identified as eligible
22 for special education services under IC 20-35 and the eligible
23 school provides the necessary special education or related
24 services to the eligible choice scholarship student, any amount
25 that a school corporation would receive under IC 20-43-7 for the
26 eligible choice scholarship student if the eligible choice
27 scholarship student attended the school corporation. However, if
28 an eligible choice scholarship student changes schools during the
29 school year after the December 1 count under IC 20-43-7-1 of
30 eligible pupils enrolled in special education programs and the
31 eligible choice scholarship student enrolls in a different eligible
32 school, any choice scholarship amounts paid to the eligible choice
33 scholarship student for the remainder of the school year after the
34 eligible choice scholarship student enrolls in the different eligible
35 school shall not include amounts that a school corporation would
36 receive under IC 20-43-7 for the eligible choice scholarship
37 student if the eligible choice scholarship student attended the
38 school corporation.
39 (b) The amount an eligible choice scholarship student is entitled to
40 receive under this chapter if the eligible student applies for the choice
41 scholarship under section 7(e) of this chapter shall be reduced on a
42 prorated basis in the manner prescribed in section 6 of this chapter.
HB 1002—LS 7340/DI 110 123
1 SECTION 194. IC 20-52 IS REPEALED [EFFECTIVE JULY 1,
2 2025]. (Student Enrichment Grants).
3 SECTION 195. IC 31-36-3-4, AS AMENDED BY P.L.200-2023,
4 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 4. (a) As used in this section, "homeless youth"
6 means an individual who:
7 (1) is:
8 (A) at least sixteen (16) years of age; and
9 (B) less than eighteen (18) years of age;
10 (2) is unemancipated;
11 (3) is mentally competent; and
12 (4) lives in a situation described in 42 U.S.C. 11434a(2)(A) and
13 42 U.S.C. 11434a(2)(B) with or without the consent of the
14 individual's parent, guardian, or custodian.
15 (b) An individual identified in subsection (c)(3) who presents a fee
16 and consent waiver affidavit described in subsection (c) on behalf of a
17 homeless youth to the appropriate agency or entity shall:
18 (1) have access, without charge and the consent of a parent,
19 guardian, or custodian, to the homeless youth's:
20 (A) certificate of birth;
21 (B) photo identification card under IC 9-24-16-10(c); and
22 (C) Indiana driver's license; and
23 (2) be permitted to enroll the homeless youth in adult basic
24 education services and register the homeless youth for the Indiana
25 high school equivalency examination following the completion of
26 an exit interview by the homeless youth under IC 20-33-2-9.
27 IC 20-33-2-28.5.
28 (c) A fee and consent waiver affidavit executed under this
29 subsection shall contain the following:
30 (1) The homeless youth's:
31 (A) full name; and
32 (B) date of birth.
33 (2) The name, address, and telephone number of the government
34 entity, school corporation liaison for homeless youth, or nonprofit
35 organization that:
36 (A) is providing services to the homeless youth; and
37 (B) will accept delivery of mail for the homeless youth.
38 (3) The name of the legal representative of the government entity,
39 school corporation liaison for homeless youth, or nonprofit
40 organization described in subdivision (2).
41 (4) The signature of the legal representative described in
42 subdivision (3) and the date of the signature.
HB 1002—LS 7340/DI 110 124
1 (5) The signature of the homeless youth and the date of the
2 signature.
3 A fee and consent waiver affidavit executed under this subsection must
4 be verified by affirmation or representation.
5 SECTION 196. IC 34-30-2.1-281 IS REPEALED [EFFECTIVE
6 JULY 1, 2025]. Sec. 281. IC 20-34-3-24 (Concerning the use of
7 bleeding control kits by school employees).
8 SECTION 197. IC 34-30-2.1-286 IS REPEALED [EFFECTIVE
9 JULY 1, 2025]. Sec. 286. IC 20-34-8-9 (Concerning coaches and
10 assistant coaches, marching band leaders, or other extracurricular
11 activity leaders).
12 SECTION 198. IC 34-30-14-7, AS AMENDED BY P.L.250-2023,
13 SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2025]: Sec. 7. A teacher:
15 (1) who meets the training or certification requirements
16 prescribed by the state board under IC 20-28-5.5-1(b)
17 IC 20-28-5.5-1 or IC 20-28-5.5-1.5; and
18 (2) who:
19 (A) performs cardiopulmonary resuscitation on;
20 (B) performs the Heimlich maneuver on;
21 (C) removes a foreign body that is obstructing an airway of; or
22 (D) uses an automated external defibrillator on;
23 another person, in the course of employment as a teacher;
24 is not liable in a civil action for damages resulting from an act or
25 omission occurring during the provision of emergency assistance under
26 this section, unless the act or omission constitutes gross negligence or
27 willful and wanton misconduct.
HB 1002—LS 7340/DI 110 125
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
House Bill 1002, 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 52, delete lines 16 through 42.
Delete pages 53 through 54.
Page 55, delete lines 1 through 8.
Page 56, reset in roman lines 22 through 26.
Page 56, line 27, reset in roman "(d)".
Page 56, line 27, delete "(c)".
Page 56, line 32, reset in roman "(e)".
Page 56, line 32, delete "(d)".
Page 56, line 41, reset in roman "(f)".
Page 56, line 41, delete "(e)".
Page 57, line 15, reset in roman "(a)".
Page 60, reset in roman lines 6 through 9.
Page 72, delete lines 7 through 42, begin a new paragraph and
insert:
"SECTION 79. IC 20-26-4-1, AS AMENDED BY P.L.58-2023,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) As used in this section, "electronic funds
transfer" means a transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, that is initiated through an
electronic terminal, telephone, or computer or magnetic tape to order,
instruct, or authorize a financial institution to debit or credit an
account.
(b) The governing body of each school corporation shall organize by
electing:
(1) a president;
(2) a vice president; and
(3) a secretary;
each of whom is a different member, not more than fifteen (15) thirty
(30) days after the commencement date of the members' terms of
office.
(c) A governing body shall, at the time that officers are elected
under subsection (b), appoint a treasurer of the governing body and of
the school corporation who is a person, other than the superintendent
of schools, who is not a member of the governing body. The treasurer
may, with the approval of the governing body, appoint a deputy who
must be a person, other than the superintendent of schools, who is not
HB 1002—LS 7340/DI 110 126
a member of the governing body and who has the same powers and
duties as the treasurer, or lesser duties as provided by the governing
body by rule.
(d) The treasurer is the official custodian of all funds of the school
corporation and is responsible for the proper safeguarding and
accounting for the funds. The treasurer shall:
(1) issue a receipt for money received by the treasurer;
(2) deposit money described in subdivision (1) in accordance with
the laws governing the deposit of public funds; and
(3) issue all warrants in payment of expenses lawfully incurred on
behalf of the school corporation. However, except as otherwise
provided by law, warrants described in this subdivision must be
issued only after proper allowance or approval by the governing
body. The governing body may not require an allowance or
approval for amounts lawfully due in payment of indebtedness or
payments due the state, the United States government, or agencies
and instrumentalities of the state or the United States government.
A verification, other than a properly itemized invoice, may not be
required for any claim. A claim is sufficient as to form if the bill or
statement for the claim has printed or stamped on the face of the bill or
statement a verification of the bill or statement in language approved
by the state board of accounts.
(e) Notwithstanding subsection (d), a treasurer may transact school
corporation financial business with a financial institution or a public
retirement fund through the use of electronic funds transfer. The
treasurer must provide adequate documentation to the governing body
of transfers made under this subsection. This subsection applies only
to agreements for joint investment of money under IC 5-13-9 and to
payments to the Indiana public retirement system for:
(1) the Indiana state teachers' retirement fund; or
(2) the public employees' retirement fund;
from participating employers.
(f) Except as provided in IC 5-11, a treasurer is not personally liable
for an act or omission occurring in connection with the performance of
the duties set forth in this section, unless the act or omission constitutes
gross negligence or an intentional disregard of the treasurer's duties.
(g) A governing body may establish the position of executive
secretary to the governing body. The executive secretary:
(1) must be an employee of the school corporation;
(2) may not be a member of the governing body; and
(3) must be appointed by the governing body upon the
recommendation of the superintendent of the school corporation.
HB 1002—LS 7340/DI 110 127
The governing body shall determine the duties of the executive
secretary, which may include all or part of the duties of the secretary of
the board.".
Page 73, delete lines 1 through 31.
Page 75, delete lines 36 through 42.
Page 76, delete lines 1 through 40.
Page 77, delete lines 21 through 42.
Page 78, delete lines 1 through 11.
Page 82, delete lines 34 through 42, begin a new paragraph and
insert:
"SECTION 101. IC 20-26-18 IS REPEALED [EFFECTIVE JULY
1, 2025]. (Criminal Gang Measures).".
Delete page 83.
Page 84, delete lines 1 through 27.
Page 87, delete lines 9 through 28, begin a new paragraph and
insert:
"SECTION 116. IC 20-28-3-4.5, AS AMENDED BY P.L.250-2023,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) Each school corporation, charter school,
and state accredited nonpublic school shall require each school
employee likely to have direct, ongoing contact with children within
the scope of the employee's employment to attend or participate in
training on child abuse and neglect, including:
(1) training on the duty to report suspected child abuse or neglect
under IC 31-33-5; and
(2) training on recognizing possible signs of child abuse or
neglect.
in a manner prescribed by the state board under IC 20-28-5.5-1 or
IC 20-28-5.5-1.5.
(b) In addition to training required for an initial license under
IC 20-28-5-12.3, a school employee described in subsection (a) who
holds a license or permit from the division of professional
standards of the department under this article shall, as a
requirement for license or permit renewal, attend or participate in
training described in subsection (a) before the school employee's
license or permit may be renewed.
(c) Each school corporation, charter school, or state accredited
nonpublic school shall require each school employee described in
subsection (a) whose employment is not dependent on the holding
of a license or permit under this article to attend or participate in
the training described in subsection (a) at least once every two (2)
years.
HB 1002—LS 7340/DI 110 128
(b) (d) The training required under this section must count toward
the requirements for professional development required by the
governing body.
(c) In the event the state board does not require training to be
completed as part of a teacher preparation program under
IC 20-28-5.5-1, the training required under this section must be during
the school employee's contracted day or at a time chosen by the
employee.".
 Page 88, delete lines 30 through 42, begin a new paragraph and
insert:
"SECTION 114. IC 20-28-3-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 11. (a) A teacher preparation
program shall include content within the curriculum that:
(1) prepares teacher candidates to use evidence based trauma
informed classroom instruction that is conducive to
supporting students who have experienced trauma that may
interfere with a student's academic functioning; and
(2) provides information on applicable Indiana laws regarding
other instructional requirements and applicable Indiana laws
relating to the instruction and recognition described in
subdivision (1), including the following:
(A) IC 20-30-5-5.
(B) IC 20-30-5-6.
(C) IC 20-30-5-13.
(D) IC 20-30-5-17.
(E) IC 20-34-3-21.
(b) The teacher preparation program shall consider using
curricula that includes:
(1) training on the potential impacts of trauma;
(2) strategies for recognizing the signs and symptoms of
trauma;
(3) practical recommendations for running a trauma
informed classroom; and
(4) approaches for avoiding revictimization in schools.".
Page 89, delete lines 1 through 21.
Page 96, reset in roman line 28.
Page 99, delete lines 13 through 42.
Delete page 100.
Page 101, delete line 1.
Page 101, delete lines 14 through 42.
Page 102, delete lines 1 through 10.
HB 1002—LS 7340/DI 110 129
Page 106, delete lines 23 through 42, begin a new paragraph and
insert:
"SECTION 157. IC 20-31-3-1, AS AMENDED BY P.L.250-2023,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Subject to section 2.5 of this chapter, the
state board shall adopt clear, concise, and jargon free state academic
standards that are comparable to national and international academic
standards and the college and career readiness educational standards
adopted under IC 20-19-2-14.5. These academic standards must be
adopted for each grade level from kindergarten through grade 12 for
the following subjects:
(1) English/language arts.
(2) Mathematics.
(3) Social studies.
(4) Science.
(b) For grade levels tested under the statewide assessment program,
the academic standards must be based in part on the results of the
statewide assessment program.
(c) The state board shall, in consultation with postsecondary
educational institutions and various businesses and industries, identify
what skills or traits students need to be successful upon completion of
high school. The department must conduct a research study to define
essential postsecondary skills to promote enlistment, enrollment, and
employment. The study must inform a reduction in high school
standards to align to essential skills needed for postsecondary success.
The study must be submitted to the state board and to the general
assembly in an electronic format under IC 5-14-6 on or before
December 1, 2022. Not later than June 1, 2023, the department must
provide recommended reductions to the Indiana academic standards
with a goal of defining no more than thirty-three percent (33%) of the
number of academic standards in effect on July 1, 2022, as essential for
grades 9 through 12 to the state board. Additional standards may be
included for vertical articulation to ensure academic and postsecondary
success, not to exceed seventy-five percent (75%) of the academic
standards in effect on July 1, 2022. Not later than June 1, 2023, the
department must provide recommended reductions to the Indiana
academic standards with a goal of defining no more than thirty-three
percent (33%) of the number of academic standards in effect on July 1,
2022, as essential for kindergarten through grade 8 to the state board.
Additional standards may be included for vertical articulation to ensure
academic and postsecondary success, not to exceed seventy-five
percent (75%) of the academic standards in effect on July 1, 2022. A
HB 1002—LS 7340/DI 110 130
realignment of the ILEARN assessment reflecting the reduction must
be completed not later than March 1, 2025.
(d) Upon receipt and review of the information received under
subsection (c), the state board shall adopt Indiana academic standards
for grades 9 through 12 and subsequently for kindergarten through
grade 8 relating to academic standards needed to meet the skills or
traits identified by the study. The academic standards developed under
this subsection must be included within the reduced number of
academic standards required by subsection (c). The department shall
submit the academic standards to the state board for approval in a
manner prescribed by the state board and the state board shall approve
academic standards in accordance with the requirements described in
this subsection not later than July 1, 2023. Standards approved under
this subsection must be implemented for the 2023-2024 school year
and each school year thereafter.
(e) (b) Beginning with the 2024-2025 school year, the state board,
in developing academic standards for reading, shall implement
academic standards that are:
(1) aligned with the science of reading; and
(2) developmentally appropriate based on student need.".
Page 107, delete lines 1 through 40.
Page 109, delete lines 17 through 42.
Page 110, delete lines 1 through 28.
Page 114, delete lines 20 through 42.
Page 115, delete lines 1 through 4.
Page 129, reset in roman lines 4 through 6.
Page 129, line 7, reset in roman "(16)".
Page 129, line 7, delete "(15)".
Page 129, line 12, reset in roman "(17)".
Page 129, line 12, delete "(16)".
Page 129, line 16, reset in roman "(18)".
Page 129, line 16, delete "(17)".
Page 129, line 19, reset in roman "(19)".
Page 129, line 19, delete "(18)".
Page 129, line 21, reset in roman "(20)".
Page 129, line 21, delete "(19)".
Page 129, line 23, reset in roman "(21)".
Page 129, line 23, delete "(20)".
HB 1002—LS 7340/DI 110 131
Page 130, delete lines 8 through 13.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1002 as introduced.)
BEHNING
Committee Vote: yeas 7, nays 4.
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1002 be amended to read as
follows:
Page 53, strike lines 29 through 33.
Page 53, line 34, strike "(d)" and insert "(c)".
Page 53, line 39, strike "(e)" and insert "(d)".
Page 54, line 5, strike "(f)" and insert "(e)".
Page 54, line 20, strike "(a)".
Page 57, strike lines 11 through 14.
Page 75, delete lines 15 through 42, begin a new paragraph and
insert:
"SECTION 91. IC 20-26-11-5, AS AMENDED BY P.L.43-2021,
SECTION 76, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) The parents of any student, regardless of the
student's age, or the student after the student has become eighteen (18)
years of age may request a transfer from a school corporation in which
the student has a legal settlement to a transferee school corporation in
Indiana. or another state if the student may be better accommodated in
the public schools of the transferee corporation. Whether the student
can be better accommodated depends on such matters as:
(1) crowded conditions of the transferee or transferor corporation;
and
(2) curriculum offerings at the high school level that are important
to the vocational or academic aspirations of the student.
(b) The request for transfer must be made in writing to the transferor
corporation, which shall immediately mail a copy to the transferee
corporation. The request for transfer must be made at the times
provided under rules adopted by the state board. The transfer is
effected if both the transferee and the transferor corporations approve
HB 1002—LS 7340/DI 110 132
the transfer not more than thirty (30) days after that mailing. If the
transferor school corporation fails to act on the transfer request within
thirty (30) days after the request is received, the transfer is considered
approved. The transfer is denied when either school corporation mails
a written denial by certified mail to the requesting parents or student at
their last known address.
(c) If a request for transfer is denied under subsection (b), an appeal
may be taken to the state board by the requesting parents or student, if
commenced not more than ten (10) days after the denial. An appeal is
commenced by mailing a notice of appeal by certified mail to the
superintendent of each school corporation and the state board. The
secretary of education shall develop forms for this purpose, and the
transferor corporation shall assist the parents or student in the
mechanics of commencing the appeal. An appeal hearing must comply
with section 15 of this chapter.".
Page 76, delete lines 1 through 4.
Page 97, delete lines 3 through 4.
Page 113, delete lines 25 through 42.
Page 114, delete lines 1 through 13.
Renumber all SECTIONS consecutively.
(Reference is to HB 1002 as printed January 27, 2025.)
BEHNING
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1002 be amended to read as
follows:
Page 118, between lines 36 and 37, begin a new paragraph and
insert:
"SECTION 188. IC 20-42.5-2-1, AS AMENDED BY P.L.126-2017,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. A school corporation, charter school, or
applicable nonpublic school individually, in collaboration with other
school corporations, charter schools, or applicable nonpublic schools
acting jointly, and through the educational services centers may
undertake action to reduce noninstructional expenditures and allocate
the resulting savings to student instruction and learning. Actions taken
under this section include the following:
HB 1002—LS 7340/DI 110 133
(1) Pooling of resources with other school corporations, charter
schools, or applicable nonpublic schools for liability insurance,
property and casualty insurance, worker's compensation
insurance, employee health insurance, vision insurance, dental
insurance, or other insurance, whether by pooling risks for
coverage or for the purchase of coverage, or by the creation of or
participation in insurance trusts, subject to the following:
(A) School corporations, charter schools, and applicable
nonpublic schools that elect to pool assets for coverage must
create a trust under Indiana law for the assets. The trust is
subject to regulation by the department of insurance as
follows:
(i) The trust must be registered with the department of
insurance.
(ii) The trust shall obtain stop loss insurance issued by an
insurer authorized to do business in Indiana with an
aggregate retention of not more than one hundred
twenty-five percent (125%) of the amount of expected
claims for the following year.
(iii) Contributions by the school corporations, charter
schools, and applicable nonpublic schools, acting jointly,
must be set at one hundred percent (100%) of the aggregate
retention plus all other costs of the trust.
(iv) The trust shall maintain a fidelity bond in an amount
approved by the department of insurance. The fidelity bond
must cover each person responsible for the trust for acts of
fraud or dishonesty in servicing the trust.
(v) The trust is subject to IC 27-4-1-4.5 regarding claims
settlement practices.
(vi) The trust shall file an annual audited financial
statement in the form required by IC 27-1-3-13 with the
department of insurance not later than March 1 May 1 of
each year.
(vii) The trust is not covered by the Indiana insurance
guaranty association created under IC 27-6-8. The liability
of each school corporation, charter school, and applicable
nonpublic school is joint and several.
(viii) The trust is subject to examination by the department
of insurance. All costs associated with an examination shall
be borne by the trust.
(ix) The department of insurance may deny, suspend, or
revoke the registration of a trust if the commissioner finds
HB 1002—LS 7340/DI 110 134
that the trust is in a hazardous financial condition, the trust
refuses to be examined or produce records for examination,
or the trust has failed to pay a final judgment rendered
against the trust by a court within thirty (30) days.
(B) The department of insurance may adopt rules under
IC 4-22-2 to implement this subdivision.
(2) Electing, as an individual school corporation, charter school,
or applicable nonpublic school, or as more than one (1) school
corporation, charter school, or applicable nonpublic school acting
jointly, to aggregate purchases of natural gas commodity supply
from any available natural gas commodity seller for all schools
included in the aggregated purchases. A rate schedule that is:
(A) filed by a natural gas utility; and
(B) approved by the Indiana utility regulatory commission;
must include provisions that allow a school corporation, charter
school, or applicable nonpublic school, or more than one (1)
school corporation, charter school, or applicable nonpublic school
acting jointly, to elect to make aggregated purchases of natural
gas commodity supplies. Upon request from a school corporation,
charter school, or applicable nonpublic school, a natural gas
utility shall summarize the rates and charges for providing
services to each school in the school corporation, to the charter
school, or to the applicable nonpublic school, or to each school in
a school corporation, charter school, and applicable nonpublic
school that are acting jointly, on one (1) summary bill for
remitting payment to the utility.
(3) Consolidating purchases with other school corporations,
charter schools, applicable nonpublic schools, or units of
government of the following:
(A) School buses and other vehicles and vehicle fleets.
(B) Fuel, maintenance, or other services for vehicles or vehicle
fleets.
(C) Food services.
(D) Facilities management services.
(E) Transportation management services.
(F) Curricular materials, technology, and other school
materials and supplies.
(G) Any other purchases a school corporation, charter school,
or applicable nonpublic school may require.
Purchases may be made by contiguous school corporations,
including charter schools or applicable nonpublic schools in the
contiguous school corporations, as part of regional consolidated
HB 1002—LS 7340/DI 110 135
purchasing arrangements, or from consolidated sources under
multistate cooperative bidding arrangements.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1002 as printed January 27, 2025.)
TESHKA
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1002 be amended to read as
follows:
Page 46, delete lines 13 through 19.
Page 73, delete lines 21 through 39.
Renumber all SECTIONS consecutively.
(Reference is to HB 1002 as printed January 27, 2025.)
SMITH V
_____
HOUSE MOTION
Mr. Speaker: I move that House Bill 1002 be amended to read as
follows:
Page 100, delete lines 14 through 20.
Renumber all SECTIONS consecutively.
(Reference is to HB 1002 as printed January 27, 2025.)
SMITH V
HB 1002—LS 7340/DI 110