*EH1285.2* Reprinted March 28, 2025 ENGROSSED HOUSE BILL No. 1285 _____ DIGEST OF HB 1285 (Updated March 27, 2025 3:18 pm - DI 143) Citations Affected: IC 20-19; IC 20-26; IC 20-33. Synopsis: Education matters. Prohibits a school corporation from doing the following: (1) Removing a student's property without providing the student's parent with the opportunity to collect the student's property if the student has died, transferred, dropped out, or otherwise withdrawn from enrollment in the school corporation for any reason. (2) Adopting a policy or otherwise preventing a parent of a student from recording a meeting concerning the student's individualized education program. Requires each school corporation to ensure at least one employee in each school building that is used for classroom instruction: (1) has obtained nonviolent crisis intervention training; and (2) is present in the school building during the school year while school is in session. Establishes requirements regarding the employee. Requires the department of education to review nonviolent crisis intervention training programs and make recommendations to school corporations regarding the training of employees. Effective: Upon passage. Cash, Davis, Haggard (SENATE SPONSORS — BUCHANAN, JOHNSON T, SCHMITT, BYRNE) January 13, 2025, read first time and referred to Committee on Education. February 13, 2025, amended, reported — Do Pass. February 17, 2025, read second time, ordered engrossed. Engrossed. February 18, 2025, read third time, passed. Yeas 90, nays 0. SENATE ACTION March 3, 2025, read first time and referred to Committee on Education and Career Development. March 20, 2025, amended, reported favorably — Do Pass. March 27, 2025, read second time, amended, ordered engrossed. EH 1285—LS 7515/DI 143 Reprinted March 28, 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. ENGROSSED HOUSE BILL No. 1285 A BILL FOR AN ACT to amend the Indiana Code concerning education. Be it enacted by the General Assembly of the State of Indiana: 1 SECTION 1. IC 20-19-3-36 IS ADDED TO THE INDIANA CODE 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 3 UPON PASSAGE]: Sec. 36. The department shall: 4 (1) review nonviolent crisis intervention training programs; 5 and 6 (2) make recommendations to school corporations; 7 regarding the training required for an employee of a school 8 corporation under IC 20-26-5-46. 9 SECTION 2. IC 20-26-5-45 IS ADDED TO THE INDIANA CODE 10 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 11 UPON PASSAGE]: Sec. 45. A school corporation may not adopt a 12 policy or otherwise prevent the parent of a student from recording 13 a meeting concerning the student's individualized education 14 program. 15 SECTION 3. IC 20-26-5-46 IS ADDED TO THE INDIANA CODE 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 17 UPON PASSAGE]: Sec. 46. (a) Not later than January 1, 2026, each EH 1285—LS 7515/DI 143 2 1 school corporation shall ensure at least one (1) employee in each 2 school building that is used for classroom instruction: 3 (1) has obtained nonviolent crisis intervention training; and 4 (2) is present in the school building during the school year 5 while school is in session. 6 (b) An employee described in subsection (a) shall be available: 7 (1) for de-escalation and to respond to instances where 8 de-escalation is needed; and 9 (2) to respond to any use of: 10 (A) a chemical restraint (as defined in IC 20-20-40-2); 11 (B) a mechanical restraint (as defined in IC 20-20-40-4); 12 (C) physical restraint (as defined in IC 20-20-40-5); 13 (D) seclusion (as defined in IC 20-20-40-9); or 14 (E) time-out (as defined in IC 20-20-40-10). 15 SECTION 4. IC 20-33-7-5 IS ADDED TO THE INDIANA CODE 16 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE 17 UPON PASSAGE]: Sec. 5. (a) As used in this section, "student 18 property" refers to property belonging to a student that the 19 student has stored in a locker, desk, or personal cubby that is 20 located on school property and has been assigned to the student for 21 the student's use. 22 (b) If a student enrolled in a school corporation has: 23 (1) died; or 24 (2) transferred, dropped out, or otherwise withdrawn from 25 enrollment in the school corporation for any reason; 26 the school corporation may not remove the student's property 27 without providing the student's parent with the opportunity to 28 collect the student's property. 29 (c) Nothing in this section restricts or otherwise limits the 30 authority of a law enforcement agency to: 31 (1) search an area containing student property; or 32 (2) seize student property; 33 pursuant to a law enforcement investigation. 34 SECTION 5. An emergency is declared for this act. EH 1285—LS 7515/DI 143 3 COMMITTEE REPORT Mr. Speaker: Your Committee on Education, to which was referred House Bill 1285, 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 1, delete lines 1 through 17, begin a new paragraph and insert: "SECTION 1. IC 20-19-3-36 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 36. The department shall: (1) review nonviolent crisis intervention training programs; and (2) make recommendations to school corporations; regarding the training required for an employee of a school corporation under IC 20-26-5-46.". Page 2, delete lines 1 through 26. Page 2, between lines 32 and 33, begin a new paragraph and insert: "SECTION 3. IC 20-26-5-46 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 46. (a) Not later than January 1, 2026, each school corporation shall ensure at least one (1) employee in each school building that is used for classroom instruction: (1) has obtained nonviolent crisis intervention training; and (2) is present in the school building during the school year while school is in session. (b) An employee described in subsection (a) shall be available: (1) for de-escalation and to respond to instances where de-escalation is needed; and (2) to respond to any use of: (A) a chemical restraint (as defined in IC 20-20-40-2); (B) a mechanical restraint (as defined in IC 20-20-40-4); (C) physical restraint (as defined in IC 20-20-40-5); (D) seclusion (as defined in IC 20-20-40-9); or (E) time-out (as defined in IC 20-20-40-10).". Page 2, delete lines 40 through 42, begin a new paragraph and insert: "(b) If a student enrolled in a school corporation has: (1) died; or (2) transferred, dropped out, or otherwise withdrawn from enrollment in the school corporation for any reason; the school corporation may not remove the student's property without providing the student's parent with the opportunity to collect the student's property.". EH 1285—LS 7515/DI 143 4 Page 3, delete line 1. Page 3, delete lines 7 through 42. Delete page 4. Page 5, delete lines 1 through 36. Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1285 as introduced.) BEHNING Committee Vote: yeas 13, nays 0. _____ COMMITTEE REPORT Mr. President: The Senate Committee on Education and Career Development, to which was referred House Bill No. 1285, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows: Page 2, line 1, delete "one (1) employee" and insert "three (3) employees, one (1) of whom is a school administrator,". Page 2, line 3, delete "has" and insert "have". Page 2, line 4, delete "is" and insert "are". and when so amended that said bill do pass. (Reference is to HB 1285 as printed February 13, 2025.) RAATZ, Chairperson Committee Vote: Yeas 13, Nays 0. _____ SENATE MOTION Mr. President: I move that Engrossed House Bill 1285 be amended to read as follows: Page 2, line 1, delete "three (3) employees, one (1)" and insert "one (1) employee". EH 1285—LS 7515/DI 143 5 Page 2, line 2, delete "of whom is a school administrator,". Page 2, line 4, delete "have" and insert "has". Page 2, line 5, delete "are" and insert "is". (Reference is to EHB 1285 as printed March 21, 2025.) BUCHANAN EH 1285—LS 7515/DI 143