*HB1499.1* February 13, 2025 HOUSE BILL No. 1499 _____ DIGEST OF HB 1499 (Updated February 12, 2025 1:13 pm - DI 110) Citations Affected: IC 20-28; IC 20-30; IC 20-32; IC 21-16. Synopsis: Education matters. Requires the state board of education to incorporate oral language development as a core component of certain literacy endorsements. Provides that certain students have the opportunity to retake the determinant evaluation of reading skills at least twice in the summer before grade 3 retention requirements apply. Requires the department of education to establish a registration process for schools to exempt certain English language learners from compliance with grade 3 retention requirements until the beginning of the 2027-2028 school year. Allows required career fairs to be held off of school property if the school provides transportation. Amends agreement requirements with regard to the employment aid readiness network (EARN) Indiana program. Makes a technical correction. Effective: July 1, 2025. Behning, McGuire, Teshka, Klinker January 21, 2025, read first time and referred to Committee on Education. February 13, 2025, amended, reported — Do Pass. HB 1499—LS 7477/DI 143 February 13, 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. 1499 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 20-28-5-19.7, AS AMENDED BY THE 2 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL 3 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 4 JULY 1, 2025]: Sec. 19.7. (a) Not later than July 1, 2024, the state 5 board shall establish and require a literacy endorsement for individuals 6 first licensed after June 30, 2025, to teach a content area involving 7 literacy instruction, including special education, in prekindergarten 8 through grade 5. 9 (b) Except as provided in section 19.8(a) 19.8 of this chapter, 10 beginning July 1, 2027, the department may not renew a practitioner 11 license or an accomplished practitioner license, or a comparable license 12 under prior rules, issued to an individual who, based on the content 13 area for which the individual is licensed, including special education, 14 provides literacy instruction to students in prekindergarten through 15 grade 5 unless the individual receives a literacy endorsement under this 16 section. 17 (c) To be eligible to receive a literacy endorsement, an individual HB 1499—LS 7477/DI 143 2 1 must meet the following: 2 (1) Complete eighty (80) hours of evidence based professional 3 development that is: 4 (A) aligned to the science of reading; 5 (B) provided by an organization that is: 6 (i) accredited by the International Dyslexia Association; or 7 (ii) aligned with Knowledge and Practice Standards for 8 Teachers of Reading (KPS) as determined by the 9 department; or 10 (C) approved by the department. 11 (2) Demonstrate proficiency in scientifically based reading 12 instruction skills aligned to the science of reading on a written 13 examination or through other procedures prescribed by the 14 department in accordance with this section. 15 (d) The eighty (80) hours of evidence based professional 16 development required under subsection (c)(1) must provide 17 individualized and on demand support. The evidence based 18 professional development required under subsection (c)(1) must: 19 (1) promote explicit, systematic, and cumulative instruction as the 20 primary approach to literacy instruction; 21 (2) align with both word recognition and language 22 comprehension; 23 (3) promote an understanding of how language, reading, and 24 writing relate to each other; 25 (4) promote strategies for differentiated instruction for: 26 (A) students with: 27 (i) reading difficulties; or 28 (ii) disabilities; and 29 (B) English language learners; 30 (5) focus on phonemic awareness, phonics, fluency, vocabulary, 31 and comprehension; and 32 (6) allow participants to implement the strategies into a classroom 33 environment with the opportunity for feedback throughout the 34 professional development experience. 35 (e) The written examination required under subsection (c)(2) shall 36 ensure the individual demonstrates the ability to: 37 (1) effectively teach foundational reading skills, phonemic 38 awareness, phonics, fluency, vocabulary, and comprehension; 39 (2) implement reading instruction using high quality instructional 40 materials aligned to the science of reading; and 41 (3) provide effective instruction and interventions for students 42 with reading deficiencies. HB 1499—LS 7477/DI 143 3 1 (f) The department shall approve and provide the evidence based 2 professional development necessary for an individual to receive a 3 literacy endorsement under this section. 4 (g) The department shall establish the procedure for an existing 5 teacher to add the literacy endorsement established under this section 6 to the teacher's license. 7 (h) The state board shall incorporate oral language development 8 as a core component of the literacy endorsement described in this 9 section for an individual who provides literacy instruction to 10 students in kindergarten through grade 5. 11 (h) (i) The state board shall adopt rules under IC 4-22-2 to do the 12 following: 13 (1) Adopt, validate, and implement the examination or other 14 procedures required by subsection (c)(2). 15 (2) Establish examination scores indicating proficiency. 16 (3) Otherwise carry out the purposes of this section. 17 SECTION 2. IC 20-30-5.6-8, AS ADDED BY P.L.202-2023, 18 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 19 JULY 1, 2025]: Sec. 8. (a) During each school year, a school that is a 20 high school must hold, during regular school hours, at least one (1) 21 career fair. 22 (b) A school may satisfy the requirement of this section by hosting 23 or participating in a: 24 (1) joint career fair involving at least one (1) other school if 25 transportation to the joint career fair; or 26 (2) career fair that is not on school property if transportation 27 to the career fair; 28 is provided to every student in grade 11 and grade 12. 29 SECTION 3. IC 20-32-8.5-2, AS AMENDED BY THE 30 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL 31 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 32 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the 33 plan required by this chapter must include the following: 34 (1) Reading skill standards for grade 1 through grade 3. 35 (2) A method for making determinant evaluations by grade 3 that 36 remedial action is required for a student, including: 37 (A) except as provided in subsections (c) and (g), beginning 38 with evaluations administered during the 2024-2025 school 39 year, and except as provided in subsection (c), retention of the 40 student in grade 3 if the student has not achieved a passing 41 score on the determinant evaluation of reading skills approved 42 by the state board after the student has had an opportunity to HB 1499—LS 7477/DI 143 4 1 retake the determinant evaluation at least twice in the 2 summer; and 3 (B) the use of curricular materials and supplemental materials 4 aligned to the science of reading that are designed to address 5 deficiencies in reading; 6 after other methods of remediation have been evaluated or used, 7 or both, if reading skills are below the standard. Appropriate 8 consultation with parents or guardians must be part of the plan. 9 (3) A requirement that schools notify a student's parent of the 10 following: 11 (A) The student's assessment results regarding skill level in: 12 (i) phonemic awareness; 13 (ii) phonics; 14 (iii) fluency; 15 (iv) vocabulary; and 16 (v) comprehension. 17 (B) The student's assessment results on the determinant 18 evaluation of reading skills approved by the state board. 19 (C) Any intervention provided to the student or any remedial 20 action taken. 21 (4) A requirement that schools monitor the progress of students 22 who failed to achieve a valid passing score on the: 23 (A) determinant evaluation of reading skills approved by the 24 state board; or 25 (B) statewide assessment program test. 26 (5) A requirement that schools provide reading instruction that 27 includes a core reading program aligned with the science of 28 reading to all students in kindergarten through grade 8. 29 (6) A requirement for the administration of the determinant 30 evaluation of reading skills approved by the state board to 31 students in grade 2. 32 (7) A requirement that all students take the determinant 33 evaluation of reading skills approved by the state board until the 34 student: 35 (A) receives a passing score, regardless of the student's grade 36 level; or 37 (B) enters grade 7. 38 (8) A requirement that a school report the following to the 39 department: 40 (A) The literacy interventions that will be used for students in 41 grade 2 who are at risk of not being reading proficient and 42 students in grade 3 who do not achieve a valid passing score HB 1499—LS 7477/DI 143 5 1 on the determinant evaluation of reading skills approved by 2 the state board. 3 (B) The literacy interventions in use before the adoption of the 4 plan for students in grade 2 who are at risk of not being 5 reading proficient and students in grade 3 who do not achieve 6 a valid passing score on the determinant evaluation of reading 7 skills approved by the state board. 8 (C) The literacy interventions in use before the adoption of the 9 plan for students who do not achieve a valid passing score on 10 the determinant evaluation of reading skills approved by the 11 state board. 12 (D) The number of students being served by the interventions 13 described in clauses (B) and (C). 14 (E) The cost of providing the interventions described in 15 clauses (B) and (C). 16 (F) Any other information requested by the department. 17 (9) Requirements for a school in which fewer than seventy 18 percent (70%) of students of the school achieved a valid passing 19 score on the determinant evaluation of reading skills approved by 20 the state board that must include the following: 21 (A) Use of curriculum that is: 22 (i) based on the science of reading; and 23 (ii) approved by the department. 24 (B) Employment of the following: 25 (i) Before July 1, 2025, an instructional coach who is trained 26 in the science of reading, as determined by the department. 27 This item expires January 1, 2026. 28 (ii) After June 30, 2025, an instructional coach with a 29 literacy related endorsement who is trained in the science of 30 reading. 31 (C) Use of only benchmark, formative, interim, or similar 32 assessments that: 33 (i) show alignment with Indiana's academic standards; and 34 (ii) are approved by the department. 35 (D) Use of a screener procured under IC 20-32-5.1-17(j). 36 (10) The fiscal impact of each component of the plan, if any. In 37 determining whether a component has a fiscal impact, 38 consideration shall be given to whether the component will 39 increase costs to the state or a school corporation or require the 40 state or school corporation to reallocate resources. 41 (b) A school may receive a waiver of the requirements provided in 42 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative HB 1499—LS 7477/DI 143 6 1 reading plan provided by the school. 2 (c) Except as approved by the department under subsection (g), 3 a student who would otherwise be subject to retention in grade 3 under 4 the plan is not subject to the retention requirement only if the student 5 meets one (1) of the following criteria: 6 (1) The student was subject to retention and has been retained in 7 grade 3 for one (1) school year. 8 (2) The student has an intellectual disability or the student's 9 individualized education program specifies that retention is not 10 appropriate, and the student's case conference committee has 11 determined that promotion to another grade is appropriate. 12 (3) The student is an English learner who has received services 13 for fewer than two (2) years and a committee consisting of: 14 (A) the student's parent; 15 (B) a building level administrator or designee; 16 (C) a classroom teacher of service; 17 (D) an English learner teacher of record, if one exists; and 18 (E) an English learner district administrator, if one exists; 19 determines that promotion is appropriate based on the 20 implementation of research based instructional practices outlined 21 in the student's individual learning plan. 22 (4) The student received a score of proficient or above proficient 23 in grade 3 math on the statewide summative assessment. 24 (5) The student: 25 (A) has received intensive intervention as determined by the 26 department in reading for two (2) or more years; and 27 (B) was retained more than one (1) time throughout 28 kindergarten, grade 1, or grade 2. 29 (d) A student who is not subject to the retention requirement as 30 provided under subsection (c) must be provided with additional 31 reading instruction that is aligned with the science of reading until the 32 student achieves a passing score on the determinant evaluation of 33 reading skills approved by the state board. 34 (e) This subsection applies after June 30, 2024. Before October 1 of 35 each school year, the department shall: 36 (1) identify each incoming student (as defined in section 0.7 of 37 this chapter) enrolled in kindergarten in a school in Indiana; and 38 (2) notify the parent or guardian of the student of the retention 39 requirement under this chapter for grade 3 students who do not 40 achieve a passing score on the Indiana reading evaluation and 41 determination (IRead3). 42 (f) The department shall establish a standard reporting process and HB 1499—LS 7477/DI 143 7 1 reporting window for schools to report students who qualify for an 2 exemption under subsection (c). 3 (g) The department shall establish a registration process for 4 schools to exempt an English language learner who: 5 (1) does not achieve a passing score on the determinant 6 evaluation of reading skills approved by the state board; and 7 (2) attends a school that has a student population comprised 8 of at least fifty percent (50%) of English language learners, as 9 determined by the department; 10 from compliance with the requirements under subsection (a)(2)(A) 11 until the beginning of the 2027-2028 school year. This subsection 12 expires July 1, 2028. 13 SECTION 4. IC 21-16-2-4, AS AMENDED BY P.L.37-2020, 14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 15 JULY 1, 2025]: Sec. 4. An agreement entered into under this chapter 16 must: 17 (1) provide for employment by the eligible employer of eligible 18 students and eligible secondary school students: 19 (A) for a minimum average of twelve (12) ten (10) hours per 20 week; and 21 (B) a maximum average of: 22 (i) twenty (20) hours per week, if the student is enrolled in 23 courses at the time of employment; or 24 (ii) forty (40) hours per week if the employment occurs 25 during the summer term; 26 (2) provide for the reimbursement, to the extent possible under 27 the then current biennial appropriation, by the state to the 28 employer of at least fifty percent (50%) of the federal minimum 29 hourly wage for each hour worked by the student for the 30 employer; 31 (3) provide that any work performed by a student under this 32 chapter must not result in the displacement of employed workers 33 or impair existing contracts for services; 34 (4) provide that any work performed by a student under this 35 chapter shall not involve any partisan or nonpartisan political or 36 sectarian activities; 37 (5) provide that wage rates must be established by the eligible 38 employer, but must not be less than the current federal minimum 39 wage rate; and 40 (6) contain any other provisions necessary to carry out this 41 chapter. HB 1499—LS 7477/DI 143 8 COMMITTEE REPORT Mr. Speaker: Your Committee on Education, to which was referred House Bill 1499, 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. Page 2, delete lines 1 through 5. Page 3, between lines 38 and 39, begin a new paragraph and insert: "SECTION 2. IC 20-30-5.6-8, AS ADDED BY P.L.202-2023, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) During each school year, a school that is a high school must hold, during regular school hours, at least one (1) career fair. (b) A school may satisfy the requirement of this section by hosting or participating in a: (1) joint career fair involving at least one (1) other school if transportation to the joint career fair; or (2) career fair that is not on school property if transportation to the career fair; is provided to every student in grade 11 and grade 12.". Page 7, delete lines 13 through 18, begin a new paragraph and insert: "(g) The department shall establish a registration process for schools to exempt an English language learner who: (1) does not achieve a passing score on the determinant evaluation of reading skills approved by the state board; and (2) attends a school that has a student population comprised of at least fifty percent (50%) of English language learners, as determined by the department; from compliance with the requirements under subsection (a)(2)(A) until the beginning of the 2027-2028 school year. This subsection expires July 1, 2028. SECTION 4. IC 21-16-2-4, AS AMENDED BY P.L.37-2020, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. An agreement entered into under this chapter must: (1) provide for employment by the eligible employer of eligible students and eligible secondary school students: (A) for a minimum average of twelve (12) ten (10) hours per week; and (B) a maximum average of: (i) twenty (20) hours per week, if the student is enrolled in HB 1499—LS 7477/DI 143 9 courses at the time of employment; or (ii) forty (40) hours per week if the employment occurs during the summer term; (2) provide for the reimbursement, to the extent possible under the then current biennial appropriation, by the state to the employer of at least fifty percent (50%) of the federal minimum hourly wage for each hour worked by the student for the employer; (3) provide that any work performed by a student under this chapter must not result in the displacement of employed workers or impair existing contracts for services; (4) provide that any work performed by a student under this chapter shall not involve any partisan or nonpartisan political or sectarian activities; (5) provide that wage rates must be established by the eligible employer, but must not be less than the current federal minimum wage rate; and (6) contain any other provisions necessary to carry out this chapter.". Renumber all SECTIONS consecutively. and when so amended that said bill do pass. (Reference is to HB 1499 as introduced.) BEHNING Committee Vote: yeas 11, nays 0. HB 1499—LS 7477/DI 143