*EH1499.1* March 21, 2025 ENGROSSED HOUSE BILL No. 1499 _____ DIGEST OF HB 1499 (Updated March 20, 2025 4:00 pm - DI 152) Citations Affected: IC 20-30; IC 20-32; IC 21-16. Synopsis: Education matters. 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 (SENATE SPONSOR — ROGERS) January 21, 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 95, 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. EH 1499—LS 7477/DI 143 March 21, 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. 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 20-30-5.6-8, AS ADDED BY P.L.202-2023, 2 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 3 JULY 1, 2025]: Sec. 8. (a) During each school year, a school that is a 4 high school must hold, during regular school hours, at least one (1) 5 career fair. 6 (b) A school may satisfy the requirement of this section by hosting 7 or participating in a: 8 (1) joint career fair involving at least one (1) other school if 9 transportation to the joint career fair; or 10 (2) career fair that is not on school property if transportation 11 to the career fair; 12 is provided to every student in grade 11 and grade 12. 13 SECTION 2. IC 20-32-8.5-2, AS AMENDED BY THE 14 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL 15 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 16 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the 17 plan required by this chapter must include the following: EH 1499—LS 7477/DI 143 2 1 (1) Reading skill standards for grade 1 through grade 3. 2 (2) A method for making determinant evaluations by grade 3 that 3 remedial action is required for a student, including: 4 (A) except as provided in subsections (c) and (g), beginning 5 with evaluations administered during the 2024-2025 school 6 year, and except as provided in subsection (c), retention of the 7 student in grade 3 if the student has not achieved a passing 8 score on the determinant evaluation of reading skills approved 9 by the state board after the student has had an opportunity to 10 retake the determinant evaluation at least twice in the 11 summer; and 12 (B) the use of curricular materials and supplemental materials 13 aligned to the science of reading that are designed to address 14 deficiencies in reading; 15 after other methods of remediation have been evaluated or used, 16 or both, if reading skills are below the standard. Appropriate 17 consultation with parents or guardians must be part of the plan. 18 (3) A requirement that schools notify a student's parent of the 19 following: 20 (A) The student's assessment results regarding skill level in: 21 (i) phonemic awareness; 22 (ii) phonics; 23 (iii) fluency; 24 (iv) vocabulary; and 25 (v) comprehension. 26 (B) The student's assessment results on the determinant 27 evaluation of reading skills approved by the state board. 28 (C) Any intervention provided to the student or any remedial 29 action taken. 30 (4) A requirement that schools monitor the progress of students 31 who failed to achieve a valid passing score on the: 32 (A) determinant evaluation of reading skills approved by the 33 state board; or 34 (B) statewide assessment program test. 35 (5) A requirement that schools provide reading instruction that 36 includes a core reading program aligned with the science of 37 reading to all students in kindergarten through grade 8. 38 (6) A requirement for the administration of the determinant 39 evaluation of reading skills approved by the state board to 40 students in grade 2. 41 (7) A requirement that all students take the determinant 42 evaluation of reading skills approved by the state board until the EH 1499—LS 7477/DI 143 3 1 student: 2 (A) receives a passing score, regardless of the student's grade 3 level; or 4 (B) enters grade 7. 5 (8) A requirement that a school report the following to the 6 department: 7 (A) The literacy interventions that will be used for students in 8 grade 2 who are at risk of not being reading proficient and 9 students in grade 3 who do not achieve a valid passing score 10 on the determinant evaluation of reading skills approved by 11 the state board. 12 (B) The literacy interventions in use before the adoption of the 13 plan for students in grade 2 who are at risk of not being 14 reading proficient and students in grade 3 who do not achieve 15 a valid passing score on the determinant evaluation of reading 16 skills approved by the state board. 17 (C) The literacy interventions in use before the adoption of the 18 plan for students who do not achieve a valid passing score on 19 the determinant evaluation of reading skills approved by the 20 state board. 21 (D) The number of students being served by the interventions 22 described in clauses (B) and (C). 23 (E) The cost of providing the interventions described in 24 clauses (B) and (C). 25 (F) Any other information requested by the department. 26 (9) Requirements for a school in which fewer than seventy 27 percent (70%) of students of the school achieved a valid passing 28 score on the determinant evaluation of reading skills approved by 29 the state board that must include the following: 30 (A) Use of curriculum that is: 31 (i) based on the science of reading; and 32 (ii) approved by the department. 33 (B) Employment of the following: 34 (i) Before July 1, 2025, an instructional coach who is trained 35 in the science of reading, as determined by the department. 36 This item expires January 1, 2026. 37 (ii) After June 30, 2025, an instructional coach with a 38 literacy related endorsement who is trained in the science of 39 reading. 40 (C) Use of only benchmark, formative, interim, or similar 41 assessments that: 42 (i) show alignment with Indiana's academic standards; and EH 1499—LS 7477/DI 143 4 1 (ii) are approved by the department. 2 (D) Use of a screener procured under IC 20-32-5.1-17(j). 3 (10) The fiscal impact of each component of the plan, if any. In 4 determining whether a component has a fiscal impact, 5 consideration shall be given to whether the component will 6 increase costs to the state or a school corporation or require the 7 state or school corporation to reallocate resources. 8 (b) A school may receive a waiver of the requirements provided in 9 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative 10 reading plan provided by the school. 11 (c) Except as approved by the department under subsection (g), 12 a student who would otherwise be subject to retention in grade 3 under 13 the plan is not subject to the retention requirement only if the student 14 meets one (1) of the following criteria: 15 (1) The student was subject to retention and has been retained in 16 grade 3 for one (1) school year. 17 (2) The student has an intellectual disability or the student's 18 individualized education program specifies that retention is not 19 appropriate, and the student's case conference committee has 20 determined that promotion to another grade is appropriate. 21 (3) The student is an English learner who has received services 22 for fewer than two (2) years and a committee consisting of: 23 (A) the student's parent; 24 (B) a building level administrator or designee; 25 (C) a classroom teacher of service; 26 (D) an English learner teacher of record, if one exists; and 27 (E) an English learner district administrator, if one exists; 28 determines that promotion is appropriate based on the 29 implementation of research based instructional practices outlined 30 in the student's individual learning plan. 31 (4) The student received a score of proficient or above proficient 32 in grade 3 math on the statewide summative assessment. 33 (5) The student: 34 (A) has received intensive intervention as determined by the 35 department in reading for two (2) or more years; and 36 (B) was retained more than one (1) time throughout 37 kindergarten, grade 1, or grade 2. 38 (d) A student who is not subject to the retention requirement as 39 provided under subsection (c) must be provided with additional 40 reading instruction that is aligned with the science of reading until the 41 student achieves a passing score on the determinant evaluation of 42 reading skills approved by the state board. EH 1499—LS 7477/DI 143 5 1 (e) This subsection applies after June 30, 2024. Before October 1 of 2 each school year, the department shall: 3 (1) identify each incoming student (as defined in section 0.7 of 4 this chapter) enrolled in kindergarten in a school in Indiana; and 5 (2) notify the parent or guardian of the student of the retention 6 requirement under this chapter for grade 3 students who do not 7 achieve a passing score on the Indiana reading evaluation and 8 determination (IRead3). 9 (f) The department shall establish a standard reporting process and 10 reporting window for schools to report students who qualify for an 11 exemption under subsection (c). 12 (g) The department shall establish a registration process for 13 schools to exempt an English language learner who: 14 (1) does not achieve a passing score on the determinant 15 evaluation of reading skills approved by the state board; and 16 (2) attends a school that has a student population comprised 17 of at least fifty percent (50%) of English language learners in 18 grade 3, as determined by the department; 19 from compliance with the requirements under subsection (a)(2)(A) 20 until the beginning of the 2027-2028 school year. This subsection 21 expires July 1, 2028. 22 SECTION 3. IC 21-16-2-4, AS AMENDED BY P.L.37-2020, 23 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE 24 JULY 1, 2025]: Sec. 4. An agreement entered into under this chapter 25 must: 26 (1) provide for employment by the eligible employer of eligible 27 students and eligible secondary school students: 28 (A) for a minimum average of twelve (12) ten (10) hours per 29 week; and 30 (B) a maximum average of: 31 (i) twenty (20) hours per week, if the student is enrolled in 32 courses at the time of employment; or 33 (ii) forty (40) hours per week if the employment occurs 34 during the summer term; 35 (2) provide for the reimbursement, to the extent possible under 36 the then current biennial appropriation, by the state to the 37 employer of at least fifty percent (50%) of the federal minimum 38 hourly wage for each hour worked by the student for the 39 employer; 40 (3) provide that any work performed by a student under this 41 chapter must not result in the displacement of employed workers 42 or impair existing contracts for services; EH 1499—LS 7477/DI 143 6 1 (4) provide that any work performed by a student under this 2 chapter shall not involve any partisan or nonpartisan political or 3 sectarian activities; 4 (5) provide that wage rates must be established by the eligible 5 employer, but must not be less than the current federal minimum 6 wage rate; and 7 (6) contain any other provisions necessary to carry out this 8 chapter. EH 1499—LS 7477/DI 143 7 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 EH 1499—LS 7477/DI 143 8 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. _____ COMMITTEE REPORT Mr. President: The Senate Committee on Education and Career Development, to which was referred House Bill No. 1499, 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 1, delete lines 1 through 17. Delete page 2. Page 3, delete lines 1 through 16. Page 7, line 8, after "learners" delete "," and insert "in grade 3,". Renumber all SECTIONS consecutively. EH 1499—LS 7477/DI 143 9 and when so amended that said bill do pass. (Reference is to HB 1499 as printed February 13, 2025.) RAATZ, Chairperson Committee Vote: Yeas 13, Nays 0. EH 1499—LS 7477/DI 143