*SB0146.1*
January 24, 2025
SENATE BILL No. 146
_____
DIGEST OF SB 146 (Updated January 22, 2025 4:04 pm - DI 143)
Citations Affected: IC 20-19; IC 20-20; IC 20-26; IC 20-28;
IC 20-29; IC 20-38; IC 20-43; IC 34-30.
Synopsis: Teacher compensation. Requires the department of
education to submit a report to the general assembly before November
1, 2025, that provides an analysis of the feasibility and cost of
increasing school corporation employee health plan options. Creates
the Indiana teacher recruitment program and fund. Provides 20 days of
paid leave for a full-time teacher employed by a school corporation and
10 days of paid leave for a part-time teacher employed by a school
corporation upon: (1) the birth of the teacher's child; (2) the birth of a
child to the teacher's spouse; (3) the placement of a child for adoption
with the teacher; or (4) the stillbirth of the teacher's child. Removes a
prohibition on ranking teacher preparation programs. Beginning June
30, 2025: (1) increases the minimum salary for a teacher employed by
a school corporation to $45,000 (current law requires $40,000); and (2)
requires a school corporation to expend an amount for teacher
compensation that is not less than 65% of state tuition support (current
law requires 62%). Changes the name of the "teacher appreciation
grant" to the "teacher incentivization grant". Amends the requirements
regarding the teacher incentivization grant. Joins the interstate teacher
mobility compact.
Effective: June 29, 2025; July 1, 2025.
Rogers, Raatz
January 13, 2025, read first time and referred to Committee on Education and Career
Development.
January 23, 2025, amended, reported favorably — Do Pass; reassigned to Committee on
Appropriations.
SB 146—LS 7471/DI 143 January 24, 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.
SENATE BILL No. 146
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 20-19-3-38 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 38. (a) As used in this section:
4 (1) "school health plan" refers to a school employee health
5 plan offered under IC 20-26-17; and
6 (2) "state health plan" refers to a state employee health plan
7 offered under IC 5-10-8-6.7.
8 (b) Before November 1, 2025, the department shall prepare and
9 submit a report to the general assembly in an electronic format
10 under IC 5-14-6 that provides an analysis of the feasibility and cost
11 of increasing school corporation employee health plan options.
12 (c) The report described in subsection (b) must include the
13 following:
14 (1) An analysis of the feasibility and cost of allowing a school
15 corporation employee to elect to participate in a state health
16 plan if the state health plan is less expensive than the school
17 health plan offered by the employee's school corporation.
SB 146—LS 7471/DI 143 2
1 (2) An analysis of the feasibility and cost of allowing a school
2 corporation employee who elects, as described in subdivision
3 (1), to participate in a less expensive state health plan to apply
4 the difference between the amount of the school health plan
5 offered by the employee's school corporation and the amount
6 of the state health plan to:
7 (A) the employee's defined contribution account, if the
8 employee maintains a defined contribution account; or
9 (B) the employee's annual salary.
10 (d) This section expires July 1, 2026.
11 SECTION 2. IC 20-20-50 IS ADDED TO THE INDIANA CODE
12 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2025]:
14 Chapter 50. Indiana Teacher Recruitment Program
15 Sec. 1. As used in this chapter, "fund" refers to the Indiana
16 teacher recruitment program fund established by section 4 of this
17 chapter.
18 Sec. 2. As used in this chapter, "program" refers to the Indiana
19 teacher recruitment program established by section 3 of this
20 chapter.
21 Sec. 3. (a) The Indiana teacher recruitment program is
22 established. The purpose of the program is to provide grants to
23 training and recruitment programs for teachers in critical shortage
24 areas, as determined by the department, based on data contained
25 in the educator supply and demand marketplace maintained on the
26 department's website.
27 (b) The department shall administer the program.
28 Sec. 4. (a) The Indiana teacher recruitment program fund is
29 established for the purposes of implementing the program
30 described in section 3 of this chapter.
31 (b) The fund consists of the following:
32 (1) Appropriations from the general assembly.
33 (2) Gifts to the fund.
34 (3) Grants, including grants from private entities.
35 (4) Any federal grants received to supplement the fund.
36 (c) The department shall administer the fund.
37 Sec. 5. The department shall do the following:
38 (1) Create an application and approval process for training
39 and recruitment programs.
40 (2) Determine guidelines for awarding grants under the
41 program.
42 SECTION 3. IC 20-26-22 IS ADDED TO THE INDIANA CODE
SB 146—LS 7471/DI 143 3
1 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]:
3 Chapter 22. Parental Leave for Teachers
4 Sec. 1. As used in this chapter, "employee" means a teacher who
5 is employed by a school corporation.
6 Sec. 2. As used in this chapter, "stillbirth" means a birth after
7 twenty (20) weeks of gestation that is not a live birth.
8 Sec. 3. (a) A full-time employee who has been employed by a
9 school corporation for at least six (6) consecutive months shall be
10 granted not less than twenty (20) days of paid leave upon any of the
11 following events:
12 (1) The birth of the employee's child.
13 (2) The birth of a child to the employee's spouse.
14 (3) The placement of a child for adoption with the employee.
15 (4) The stillbirth of the employee's child.
16 (b) A part-time employee who has been employed by a school
17 corporation for at least six (6) consecutive months shall be granted
18 not less than ten (10) days of paid leave upon any of the following
19 events:
20 (1) The birth of the employee's child.
21 (2) The birth of a child to the employee's spouse.
22 (3) The placement of a child for adoption with the employee.
23 (4) The stillbirth of the employee's child.
24 (c) Any leave to which an employee is entitled under subsection
25 (a) or (b) that is not taken:
26 (1) less than six (6) months after the birth, placement for
27 adoption, or stillbirth; or
28 (2) before the employee's separation from employment with
29 the school corporation;
30 whichever is earlier, is forfeited.
31 Sec. 4. (a) A school corporation shall compensate an employee
32 granted leave under this chapter at the employee's regular rate of
33 pay for the regular work days during which the employee is absent
34 from work.
35 (b) A leave of absence granted to an employee under this
36 chapter is in addition to vacation days, sick days, personal days,
37 and compensatory time that the employee accrues.
38 (c) If an employee is eligible for leave under the federal Family
39 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the leave
40 provided by this chapter runs concurrently with the amount of
41 leave available under the federal Family Medical Leave Act of 1993
42 (29 U.S.C. 2601 et seq.).
SB 146—LS 7471/DI 143 4
1 (d) An employee's service shall be considered uninterrupted by
2 a leave of absence under this chapter for purposes of determining
3 the following:
4 (1) Seniority.
5 (2) Salary or salary advancement.
6 (3) Performance awards.
7 (4) The receipt of a benefit that may be affected by a leave of
8 absence.
9 SECTION 4. IC 20-28-3-1, AS AMENDED BY P.L.150-2024,
10 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]: Sec. 1. (a) As used in this section, "teacher candidate"
12 means an individual recommended for an initial teaching license from
13 a teacher preparation program located in Indiana.
14 (b) As used in this section, "teacher preparation program" includes,
15 but is not limited to, the following:
16 (1) A teacher education school or department.
17 (2) A transition to teaching program under IC 20-28-4.
18 (3) Any other entity approved by the department to offer a course
19 of study leading to an initial teaching license.
20 (c) The department shall:
21 (1) arrange a statewide system of professional instruction for
22 teacher education;
23 (2) accredit and review teacher preparation programs that comply
24 with the rules of the department;
25 (3) approve content area licensure programs for particular kinds
26 of teachers in accredited teacher preparation programs; and
27 (4) specify the types of licenses for individuals who complete
28 programs of approved courses.
29 (d) The department shall work with teacher preparation programs to
30 develop a system of teacher education that ensures individuals who
31 complete teacher preparation programs are able to meet the highest
32 professional standards.
33 (e) Before July 1, 2015, the department shall establish standards for
34 the continuous improvement of program processes and the performance
35 of individuals who complete teacher preparation programs. The state
36 board shall adopt rules containing the standards not later than two
37 hundred seventy (270) days after the department finishes the standards.
38 (f) The standards established under subsection (e) must include
39 benchmarks for performance, including test score data for each teacher
40 preparation entity on content area licensure tests and test score data for
41 each teacher preparation entity on pedagogy licensure tests.
42 (g) Each teacher preparation program shall annually report the
SB 146—LS 7471/DI 143 5
1 program's performance on the standards and benchmarks established
2 under this section to the department. The department shall make the
3 information reported under this subsection available to the public on
4 the department's website. Each teacher preparation program shall make
5 the information reported under this subsection available to the public
6 on the teacher preparation program's website. In addition to reporting
7 performance, each teacher preparation program must report to the
8 department the following:
9 (1) The attrition, retention, and completion rates of teacher
10 candidates for the previous three (3) calendar years. The teacher
11 preparation program must also provide underlying data, as
12 determined by the department, used as part of calculating the
13 teacher preparation program's retention rates.
14 (2) The number of teacher candidates in each content area who
15 complete the teacher preparation program during the year,
16 disaggregated by ranges of cumulative grade point averages.
17 (3) The number of teacher candidates in each content area who,
18 during the year:
19 (A) do not pass a content area licensure examination; and
20 (B) do not retake the content area licensure examination.
21 (h) In making information available to the public on the
22 department's website, the department shall include in the report under
23 subsection (g), in addition to the matrix ratings described in subsection
24 (i), the following information:
25 (1) Average scaled or standard scores of teacher candidates who
26 complete teacher preparation programs on basic skills, content
27 area, and pedagogy licensure examinations.
28 (2) The average number of times teacher candidates who
29 complete a teacher preparation program take each licensing test
30 before receiving a passing score and the percentage of teacher
31 candidates who receive a passing score on each licensing test on
32 the teacher candidates' first attempts.
33 (i) Not later than July 30, 2016, the department and the commission
34 for higher education, in conjunction with the state board, the
35 Independent Colleges of Indiana, Inc., and teacher preparation
36 programs, shall establish a matrix rating system for teacher preparation
37 programs based on the performance of the programs as demonstrated
38 by the data collected under subsections (g) and (h). The matrix rating
39 system may not rank or compare teacher preparation programs. The
40 matrix rating system must be based on data collected for teachers who
41 initially receive their teaching license during the previous three (3)
42 years. The department shall make the matrix ratings available to the
SB 146—LS 7471/DI 143 6
1 public on the department's website.
2 (j) Each teacher preparation program shall report to the department,
3 in a manner prescribed by the department, the teacher preparation
4 program's admission practices, in accordance with:
5 (1) the Council for the Accreditation of Educator Preparation
6 standards, for teacher preparation programs accredited by the
7 Council for the Accreditation of Educator Preparation;
8 (2) rigorous academic entry requirements for admission into a
9 teacher preparatory program that are equivalent to the minimum
10 academic requirements determined by the Council for the
11 Accreditation of Educator Preparation, for teacher preparation
12 programs that are not accredited by the Council for the
13 Accreditation of Educator Preparation; or
14 (3) the Association for Advancing Quality in Educator
15 Preparation standards, for teacher preparation programs
16 accredited by the Association for Advancing Quality in Educator
17 Preparation.
18 The department shall include information reported to the department
19 on the department's website.
20 (k) Not later than July 30, 2016, the department and the commission
21 for higher education, in conjunction with the state board, the
22 Independent Colleges of Indiana, Inc., and teacher preparation
23 programs, shall establish a minimum rating under the matrix rating
24 system established under subsection (i) that teacher preparation
25 programs must achieve to avoid referral under subsection (l).
26 (l) Not later than July 1 of each year, the department shall submit a
27 list of teacher preparation programs that do not meet the minimum
28 rating established under subsection (k) or the requirements of section
29 3.1 of this chapter to the commission for higher education and the
30 Independent Colleges of Indiana, Inc. for one (1) of the following
31 actions:
32 (1) In the case of a state educational institution, the commission
33 for higher education shall place the teacher preparation program
34 on an improvement plan with clear performance goals and a
35 designated period in which the performance goals must be
36 achieved.
37 (2) In the case of a proprietary postsecondary educational
38 institution, the commission for higher education shall recommend
39 to the teacher preparation program an improvement plan with
40 clear performance goals and a designated period in which the
41 performance goals should be achieved.
42 (3) In the case of a nonprofit college or university, the
SB 146—LS 7471/DI 143 7
1 Independent Colleges of Indiana, Inc., shall coordinate a peer
2 review process to make recommendations to the peer institution
3 in achieving the department's performance metrics.
4 (m) The department shall approve at least two (2) accreditors that:
5 (1) accredit teacher preparation programs; and
6 (2) are recognized by the Council for Higher Education
7 Accreditation;
8 to accredit teacher preparation programs for use in Indiana.
9 (n) Not later than December 31, 2024, the department and the
10 commission for higher education, in conjunction with the state board,
11 shall partner with teacher preparation programs to receive an outside
12 evaluation by a nationally recognized nonprofit, nonpartisan
13 organization that leverages evidence based approaches on the science
14 of reading to evaluate teacher preparation reading instruction programs.
15 SECTION 5. IC 20-28-9-26, AS ADDED BY P.L.165-2021,
16 SECTION 154, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) For each school year
18 beginning after June 30, 2022, June 30, 2025, if a school corporation
19 determines that the school corporation cannot establish a minimum
20 salary of forty forty-five thousand dollars ($40,000) ($45,000) for each
21 full-time teacher, the school corporation shall submit a report to the
22 department explaining the school corporation's inability to meet the
23 minimum threshold requirement.
24 (b) A report submitted under this section must include an
25 explanation of the financial challenges, with detailed data, that
26 preclude the school corporation from meeting the minimum salary
27 threshold required under subsection (a). The report must also describe
28 the cost saving measures taken by the school corporation in attempting
29 to meet the minimum salary threshold required under subsection (a).
30 SECTION 6. IC 20-28-9-27, AS AMENDED BY P.L.150-2024,
31 SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JUNE 29, 2025]: Sec. 27. (a) As used in this section, "funding floor"
33 means the amount a school corporation expended for full-time teacher
34 salaries during a particular state fiscal year.
35 (b) Subject to subsections (d) and (e), if the amount of state tuition
36 support distributed to a school corporation for a particular state fiscal
37 year is greater than the amount of state tuition support distributed to the
38 school corporation for the preceding state fiscal year, the school
39 corporation may not expend an amount for full-time teacher salaries
40 during the particular state fiscal year that is less than the funding floor
41 for the preceding state fiscal year.
42 (c) For purposes of this section, the amount a school corporation
SB 146—LS 7471/DI 143 8
1 expends for full-time teacher salaries shall include the amount the
2 school corporation expends for participating in a special education
3 cooperative or a career and technical education cooperative that is
4 directly attributable to the salaries of full-time teachers employed by
5 the cooperative, as determined by the department.
6 (d) For purposes of this subsection, stipends paid using teacher
7 appreciation incentivization grants under IC 20-43-10-3.5 are not
8 considered. If a school corporation has awarded stipends to a majority
9 of the school corporation's teachers in each of the two (2) preceding
10 consecutive state fiscal years, an amount equal to the lesser of the total
11 amount of stipends awarded in each of those state fiscal years shall be
12 added to the school corporation's funding floor for the preceding state
13 fiscal year described under subsection (b).
14 (e) Beginning after June 30, 2024, for each state fiscal year that a
15 school corporation fails to meet the expenditure requirements regarding
16 full-time teacher salaries under subsection (b), the department shall
17 submit in both a written and an electronic format a notice to the school
18 corporation's:
19 (1) superintendent;
20 (2) school business officer; and
21 (3) governing body;
22 that the school corporation failed to meet the requirements set forth in
23 subsection (b) for the applicable state fiscal year.
24 (f) If a school corporation's governing body receives a notice from
25 the department under subsection (e), the school corporation shall do the
26 following:
27 (1) Publicly acknowledge receipt of the notice from the
28 department at the governing body's next public meeting.
29 (2) Enter into the governing body's official minutes for the
30 meeting described in subdivision (1) acknowledgment of the
31 notice.
32 (3) Not later than thirty (30) days after the meeting described in
33 subdivision (1), publish on the school corporation's website:
34 (A) the department's notice; and
35 (B) any relevant individual reports prepared by the
36 department.
37 (g) If the department determines a school corporation that received
38 one (1) or more notices from the department under subsection (e) has
39 met the expenditure requirements required under subsection (b) for a
40 subsequent state fiscal year, the school corporation may remove from
41 the school corporation's website any:
42 (1) notices the school corporation received under subsection (e);
SB 146—LS 7471/DI 143 9
1 and
2 (2) relevant individual reports prepared by the department under
3 subsection (f)(3).
4 SECTION 7. IC 20-28-9-28, AS AMENDED BY P.L.150-2024,
5 SECTION 26, AND AS AMENDED BY P.L.136-2024, SECTION 43,
6 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
7 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
8 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
9 Sec. 28. (a) Subject to subsection (g), (c), for each school year in a state
10 fiscal year beginning after June 30, 2023, June 30, 2025, a school
11 corporation shall expend an amount for teacher compensation that is
12 not less than an amount equal to sixty-two percent (62%) sixty-five
13 percent (65%) of the state tuition support, other than the state tuition
14 support described in subsection (b), distributed to the school
15 corporation during the state fiscal year. For purposes of determining
16 whether a school corporation has complied with this requirement, the
17 amount a school corporation expends for teacher compensation shall
18 include the amount the school corporation expends for adjunct
19 teachers, supplemental pay for teachers, stipends, and for participating
20 in a special education cooperative or an interlocal agreement or
21 consortium that is directly attributable to the compensation of teachers
22 employed by the cooperative or interlocal agreement or consortium.
23 The amount a school corporation expends on teacher compensation
24 shall also include the amount the school corporation expends on
25 dropout recovery educational services for an at-risk student enrolled
26 in the school corporation provided by an agreement with an eligible
27 school that is directly attributable to the compensation of teachers
28 employed by the eligible school. Teacher benefits include all benefit
29 categories collected by the department for Form 9 purposes.
30 (b) If a school corporation determines that the school corporation
31 cannot comply with the requirement under subsection (a) for a
32 particular school year, the school corporation shall apply for a waiver
33 from the department.
34 (c) The waiver application must include an explanation of the
35 financial challenges, with detailed data, that preclude the school
36 corporation from meeting the requirement under subsection (a) and
37 describe the cost saving measures taken by the school corporation in
38 attempting to meet the requirement in subsection (a). The waiver may
39 also include an explanation of an innovative or efficient approach in
40 delivering instruction that is responsible for the school corporation
41 being unable to meet the requirement under subsection (a).
42 (d) If, after review, the department determines that the school
SB 146—LS 7471/DI 143 10
1 corporation has exhausted all reasonable efforts in attempting to meet
2 the requirement in subsection (a), the department may grant the school
3 corporation a one (1) year exception from the requirement.
4 (e) A school corporation that receives a waiver under this section
5 shall work with the department to develop a plan to identify additional
6 cost saving measures and any other steps that may be taken to allow
7 the school corporation to meet the requirement under subsection (a).
8 (f) A school corporation may not receive more than three (3)
9 waivers under this section.
10 (b) State tuition support distributed to a school corporation for
11 students enrolled in the school corporation who are receiving one
12 hundred percent (100%) virtual instruction from a teacher employed
13 by a third party provider with whom the school corporation has
14 contracted is not included as state tuition support distributed to the
15 school corporation for purposes of subsection (a).
16 (g) (c) For purposes of determining whether a school corporation
17 has complied with the requirement in subsection (a), distributions from
18 the curricular materials fund established by IC 20-40-22-5 that are
19 deposited in a school corporation's education fund in a state fiscal
20 year are not considered to be state tuition support distributed to the
21 school corporation during the state fiscal year.
22 (c) (h) (d) Before November 1, 2022, and before November 1 of
23 each year thereafter, the department shall submit a report to the
24 legislative council in an electronic format under IC 5-14-6 and the state
25 budget committee that contains information as to:
26 (1) the percent and amount that each school corporation expended
27 and the statewide total expended for teacher compensation;
28 (2) the percent and amount that each school corporation expended
29 and statewide total expended for teacher benefits, including
30 health, dental, life insurance, and pension benefits; and
31 (3) whether the school corporation met the requirement set forth
32 in subsection (a). and
33 (4) whether the school corporation received a waiver under
34 subsection (d).
35 (d) (e) The department shall publish the report described in
36 subsection (c) (d) on the department's website.
37 (e) (f) Beginning after June 30, 2024, for each state fiscal year that
38 a school corporation fails to expend the amount for teacher
39 compensation as required under subsection (a), the department shall
40 submit in both a written and an electronic format a notice to the school
41 corporation's:
42 (1) superintendent;
SB 146—LS 7471/DI 143 11
1 (2) school business officer; and
2 (3) governing body;
3 that the school corporation failed to meet the requirements set forth in
4 subsection (a) for the applicable state fiscal year.
5 (f) (g) If a school corporation's governing body receives a notice
6 from the department under subsection (e), (f), the school corporation
7 shall do the following:
8 (1) Publicly acknowledge receipt of the notice from the
9 department at the governing body's next public meeting.
10 (2) Enter into the governing body's official minutes for the
11 meeting described in subdivision (1) acknowledgment of the
12 notice.
13 (3) Not later than thirty (30) days after the meeting described in
14 subdivision (1), publish on the school corporation's website:
15 (A) the department's notice; and
16 (B) any relevant individual reports prepared by the
17 department.
18 (g) (h) If the department determines a school corporation that
19 received one (1) or more notices from the department under subsection
20 (e) (f) has met the expenditure requirements required under subsection
21 (a) for a subsequent state fiscal year, the school corporation may
22 remove from the school corporation's website any:
23 (1) notices the school corporation received under subsection (e);
24 (f); and
25 (2) relevant individual reports prepared by the department under
26 subsection (f)(3). (g)(3).
27 SECTION 8. IC 20-29-6-16, AS AMENDED BY P.L.217-2017,
28 SECTION 104, IS AMENDED TO READ AS FOLLOWS
29 [EFFECTIVE JUNE 29, 2025]: Sec. 16. (a) If an agreement has not
30 been reached on the items to be bargained collectively by November 1,
31 as provided in IC 6-1.1-17-5, the parties shall continue the terms of the
32 current contract that is in effect, and the school employer may issue
33 tentative individual contracts and prepare its budget on that basis.
34 During this period, in order to allow the successful resolution of the
35 dispute, the school employer may not unilaterally change the terms or
36 conditions of employment that are issues in dispute.
37 (b) Upon the expiration of the current contract that is in effect,
38 except for teacher appreciation incentivization grant stipends and
39 additions to base salary provided under IC 20-43-10-3.5, the school
40 employer shall continue under the terms of the current contract that is
41 in effect, with no increase or increment in salary, wages, or benefits for
42 any bargaining unit employee until a new contract is executed.
SB 146—LS 7471/DI 143 12
1 (c) The only parts of the contract that must continue under this
2 section are the items contained in the contract and listed in section 4 of
3 this chapter.
4 (d) This section may not be construed as relieving the school
5 employer or the school employee organization from the duty to bargain
6 collectively until a mutual agreement has been reached and a contract
7 entered as called for in this chapter.
8 SECTION 9. IC 20-38-4 IS ADDED TO THE INDIANA CODE AS
9 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2025]:
11 Chapter 4. Interstate Teacher Mobility Compact
12 Sec. 0.5. The following interstate teacher mobility compact
13 agreement is enacted into law and entered into by this state with all
14 other states legally joining the interstate agreement in substantially
15 the following form.
16 Sec. 1. Article I, purpose. The purpose of this compact is to
17 facilitate the mobility of teachers across the member states, with
18 the goal of supporting teachers through a new pathway to
19 licensure. Through this compact, the member states seek to
20 establish a collective regulatory framework that expedites and
21 enhances the ability of teachers to move across state lines. This
22 compact is intended to achieve the following objectives and should
23 be interpreted accordingly. The member states hereby ratify the
24 same intentions by subscribing to:
25 (1) Create a streamlined pathway to licensure mobility for
26 teachers.
27 (2) Support the relocation of eligible military spouses.
28 (3) Facilitate and enhance the exchange of licensure,
29 investigative, and disciplinary information between member
30 states.
31 (4) Enhance the power of state and district level education
32 officials to hire qualified, competent teachers by removing
33 barriers to the employment of out-of-state teachers.
34 (5) Support the retention of teachers in the profession by
35 removing barriers to relicensure in a new state.
36 (6) Maintain state sovereignty in the regulation of the
37 teaching profession.
38 Sec. 2. Article II, definitions. As used in this compact, and except
39 as otherwise provided, the following definitions shall govern the
40 terms herein:
41 (1) "Active military member" means any person with
42 full-time duty status in the armed forces of the United States,
SB 146—LS 7471/DI 143 13
1 including members of the National Guard and Reserve.
2 (2) "Adverse action" means any limitation or restriction
3 imposed by a member state's licensing authority, such as
4 revocation, suspension, reprimand, probation, or limitation on
5 the licensee's ability to work as a teacher.
6 (3) "Bylaws" means those bylaws established by the
7 commission.
8 (4) "Career and technical education license" means a current,
9 valid authorization issued by a member state's licensing
10 authority allowing an individual to serve as a teacher in P-12
11 public educational settings in a specific career and technical
12 education area.
13 (5) "Charter member states" means a member state that has
14 enacted legislation to adopt this compact where such
15 legislation predates the initial meeting of the commission after
16 the effective date of the compact.
17 (6) "Commission" means the interstate administrative body
18 which membership consists of delegates of all states that have
19 enacted this compact, and which is known as the interstate
20 teacher mobility compact commission.
21 (7) "Commissioner" means the delegate of a member state.
22 (8) "Eligible license" means a license to engage in the teaching
23 profession which requires at least a bachelor's degree and the
24 completion of a state approved program for teacher licensure.
25 (9) "Eligible military spouse" means the spouse of any
26 individual in full-time duty status in the active armed forces
27 of the United States including members of the National Guard
28 and Reserve moving as a result of a military mission or
29 military career progression requirements or are on their
30 terminal move as a result of separation or retirement (to
31 include surviving spouses of deceased military members).
32 (10) "Executive committee" means a group of commissioners
33 elected or appointed to act on behalf of, and within the powers
34 granted to them by, the commission as provided for herein.
35 (11) "Licensing authority" means an official, agency, board,
36 or other entity of a state that is responsible for the licensing
37 and regulation of teachers authorized to teach in P-12 public
38 educational settings.
39 (12) "Member state" means any state that has adopted this
40 compact, including all agencies and officials of such a state.
41 (13) "Receiving state" means any state where a teacher has
42 applied for licensure under this compact.
SB 146—LS 7471/DI 143 14
1 (14) "Rule" means any regulation promulgated by the
2 commission under this compact, which shall have the force of
3 law in each member state.
4 (15) "State" means a state, territory, or possession of the
5 United States, and the District of Columbia.
6 (16) "State practice laws" means a member state's laws, rules,
7 and regulations that govern the teaching profession, define the
8 scope of such profession, and create the methods and grounds
9 for imposing discipline.
10 (17) "State specific requirements" means a requirement for
11 licensure covered in coursework or examination that includes
12 content of unique interest to the state.
13 (18) "Teacher" means an individual who currently holds an
14 authorization from a member state that forms the basis for
15 employment in the P-12 public schools of the state to provide
16 instruction in a specific subject area, grade level, or student
17 population.
18 (19) "Unencumbered license" means a current, valid
19 authorization issued by a member state's licensing authority
20 allowing an individual to serve as a teacher in P-12 public
21 educational settings. A unencumbered license is not a
22 restricted, probationary, provisional, substitute, or temporary
23 credential.
24 Sec. 3. Article III, licensure under the compact.
25 (1) Licensure under this compact pertains only to the initial
26 grant of a license by the receiving state. Nothing herein
27 applies to any subsequent or ongoing compliance
28 requirements that a receiving state might require for
29 teachers.
30 (2) Each member state shall, in accordance with the rules of
31 the commission, define, compile, and update as necessary, a
32 list of eligible licenses and career and technical education
33 licenses that the member state is willing to consider for
34 equivalency under this compact and provide the list to the
35 commission. The list shall include those licenses that a
36 receiving state is willing to grant to teachers from other
37 member states, pending a determination of equivalency by the
38 receiving state's licensing authority.
39 (3) Upon the receipt of an application for licensure by a
40 teacher holding an unencumbered eligible license, the
41 receiving state shall determine which of the receiving state's
42 eligible licenses the teacher is qualified to hold and shall grant
SB 146—LS 7471/DI 143 15
1 such a license or licenses to the applicant. Such a
2 determination shall be made in the sole discretion of the
3 receiving state's licensing authority and may include a
4 determination that the applicant is not eligible for any of the
5 receiving state's eligible licenses. For all teachers who hold an
6 unencumbered license, the receiving state shall grant one (1)
7 or more unencumbered license(s) that, in the receiving state's
8 sole discretion, are equivalent to the license(s) held by the
9 teacher in any other member state.
10 (4) For active military members and eligible military spouses
11 who hold a license that is not unencumbered, the receiving
12 state shall grant an equivalent license or licenses that, in the
13 receiving state's sole discretion, is equivalent to the license or
14 licenses held by the teacher in any other member state, except
15 where the receiving state does not have an equivalent license.
16 (5) For a teacher holding an unencumbered career and
17 technical education license, the receiving state shall grant an
18 unencumbered license equivalent to the career and technical
19 education license held by the applying teacher and issued by
20 another member state, as determined by the receiving state in
21 its sole discretion, except where a career and technical
22 education teacher does not hold a bachelor's degree and the
23 receiving state requires a bachelor's degree for licenses to
24 teach career and technical education. A receiving state may
25 require career and technical education teachers to meet state
26 industry recognized requirements, if required by law in the
27 receiving state.
28 Sec. 4. Article IV, licensure not under the compact.
29 (1) Except as provided in Article III above, nothing in this
30 compact shall be construed to limit or inhibit the power of a
31 member state to regulate licensure or endorsements overseen
32 by the member state's licensing authority.
33 (2) When a teacher is required to renew a license received
34 pursuant to this compact, the state granting such a license
35 may require the teacher to complete state specific
36 requirements as a condition of licensure renewal or
37 advancement in that state.
38 (3) For the purposes of determining compensation, a receiving
39 state may require additional information from teachers
40 receiving a license under the provisions of this compact.
41 (4) Nothing in this compact shall be construed to limit the
42 power of a member state to control and maintain ownership
SB 146—LS 7471/DI 143 16
1 of its information pertaining to teachers, or limit the
2 application of a member state's laws or regulations governing
3 the ownership, use, or dissemination of information
4 pertaining to teachers.
5 (5) Nothing in this compact shall be construed to invalidate or
6 alter any existing agreement or other cooperative
7 arrangement which a member state may already be a party
8 to, or limit the ability of a member state to participate in any
9 future agreement or other cooperative arrangement to:
10 (A) award teaching licenses or other benefits based on
11 additional professional credentials, including, but not
12 limited to national board certification;
13 (B) participate in the exchange of names of teachers whose
14 license has been subject to an adverse action by a member
15 state; or
16 (C) participate in any agreement or cooperative
17 arrangement with a non-member state.
18 Sec. 5. Article V, teacher qualifications and requirements for
19 licensure under the compact.
20 (1) Except as provided for active military members or eligible
21 military spouses in Article III above, a teacher may only be
22 eligible to receive a license under this compact where that
23 teacher holds an unencumbered license in a member state.
24 (2) A teacher eligible to receive a license under this compact
25 shall, unless otherwise provided for herein:
26 (A) upon their application to receive a license under this
27 compact, undergo a criminal background check in the
28 receiving state in accordance with the laws and regulations
29 of the receiving state; and
30 (B) provide the receiving state with information in addition
31 to the information required for licensure for the purposes
32 of determining compensation, if applicable.
33 Sec. 6. Article VI, discipline and adverse actions.
34 (1) Nothing in this compact shall be deemed or construed to
35 limit the authority of a member state to investigate or impose
36 disciplinary measures on teachers according to the state
37 practice laws thereof.
38 (2) Member states shall be authorized to receive, and shall
39 provide, files and information regarding the investigation and
40 discipline, if any, of teachers in other member states upon
41 request. Any member state receiving such information or files
42 shall protect and maintain the security and confidentiality
SB 146—LS 7471/DI 143 17
1 thereof, in at least the same manner that it maintains its own
2 investigatory or disciplinary files and information. Prior to
3 disclosing any disciplinary or investigatory information
4 received from another member state, the disclosing state shall
5 communicate its intention and purpose for such disclosure to
6 the member state which originally provided that information.
7 Sec. 7. (a) Article VII, establishment of the interstate teacher
8 mobility compact commission.
9 (1) The interstate compact member states hereby create and
10 establish a joint public agency known as the interstate teacher
11 mobility compact commission:
12 (A) The commission is a joint interstate governmental
13 agency comprised of states that have enacted the interstate
14 teacher mobility compact.
15 (B) Nothing in this interstate compact shall be construed to
16 be a waiver of sovereign immunity.
17 (b) Membership, voting, and meetings.
18 (1) Each member state shall have and be limited to one (1)
19 delegate to the commission, who shall be given the title of
20 commissioner.
21 (2) The commissioner shall be the primary administrative
22 officer of the state licensing authority or their designee.
23 (3) Any commissioner may be removed or suspended from
24 office as provided by the law of the state from which the
25 commissioner is appointed.
26 (4) The member state shall fill any vacancy occurring in the
27 commission within ninety (90) days.
28 (5) Each commissioner shall be entitled to one (1) vote about
29 the promulgation of rules and creation of bylaws and shall
30 otherwise have an opportunity to participate in the business
31 and affairs of the commission. A commissioner shall vote in
32 person or by such other means as provided in the bylaws. The
33 bylaws may provide for commissioners' participation in
34 meetings by telephone or other means of communication.
35 (6) The commission shall meet at least once during each
36 calendar year. Additional meetings shall be held as set forth
37 in the bylaws.
38 (7) The commission shall establish by rule a term of office for
39 commissioners.
40 (c) The commission shall have the following powers and duties:
41 (1) Establish the code of ethics for the commission.
42 (2) Establish the fiscal year of the commission.
SB 146—LS 7471/DI 143 18
1 (3) Establish bylaws for the commission.
2 (4) Maintain its financial records in accordance with the
3 bylaws of the commission.
4 (5) Meet and take such actions as are consistent with the
5 provisions of this interstate compact, the bylaws, and rules of
6 the commission.
7 (6) Promulgate uniform rules to implement and administer
8 this interstate compact. The rules shall have the force and
9 effect of law and shall be binding in all member states. In the
10 event the commission exercises its rulemaking authority in a
11 manner that is beyond the scope of the purposes of the
12 compact, or the powers granted hereunder, then such an
13 action by the commission shall be invalid and have no force
14 and effect of law.
15 (7) Bring and prosecute legal proceedings or actions in the
16 name of the commission, provided that the standing of any
17 member state licensing authority to sue or be sued under
18 applicable law shall not be affected.
19 (8) Purchase and maintain insurance and bonds.
20 (9) Borrow, accept, or contract for services of personnel,
21 including, but not limited to, employees of a member state, or
22 an associated nongovernmental organization that is open to
23 membership by all states.
24 (10) Hire employees, elect or appoint officers, fix
25 compensation, define duties, grant such individuals
26 appropriate authority to carry out the purposes of the
27 compact, and establish the commission's personnel policies
28 and programs relating to conflicts of interest, qualifications
29 of personnel, and other related personnel matters.
30 (11) Lease, purchase, accept appropriate gifts or donations of,
31 or otherwise own, hold, improve, or use, any property, real,
32 personal, or mixed, provided that at all times the commission
33 shall avoid any appearance of impropriety.
34 (12) Sell, convey, mortgage, pledge, lease, exchange, abandon,
35 or otherwise dispose of any property real, personal, or mixed.
36 (13) Establish a budget and make expenditures.
37 (14) Borrow money.
38 (15) Appoint committees, including standing committees
39 composed of members and such other interested persons as
40 may be designated in this interstate compact, rules, or bylaws.
41 (16) Provide and receive information from, and cooperate
42 with, law enforcement agencies.
SB 146—LS 7471/DI 143 19
1 (17) Establish and elect an executive committee.
2 (18) Establish and develop a charter for an executive
3 information governance committee to advise on facilitating
4 exchange of information; use of information, data privacy,
5 and technical support needs, and provide reports as needed.
6 (19) Perform such other functions as may be necessary or
7 appropriate to achieve the purposes of this interstate compact
8 consistent with the state regulation of teacher licensure.
9 (20) Determine whether a state's adopted language is
10 materially different from the model compact language such
11 that the state would not qualify for participation in the
12 compact.
13 (d) The executive committee of the interstate teacher mobility
14 compact commission.
15 (1) The executive committee shall have the power to act on
16 behalf of the commission according to the terms of this
17 interstate compact.
18 (2) The executive committee shall be composed of the
19 following eight (8) voting members:
20 (A) the commission chair, vice chair, and treasurer; and
21 (B) five (5) members who are elected by the commission
22 from the current membership as follows:
23 (i) four (4) voting members representing geographic
24 regions in accordance with commission rules; and
25 (ii) one (1) at large voting member in accordance with
26 commission rules.
27 (3) The commission may add or remove members of the
28 executive committee as provided in commission rules.
29 (4) The executive committee shall meet at least once annually.
30 (5) The executive committee shall have the following duties
31 and responsibilities:
32 (A) Recommend to the entire commission changes to the
33 rules or bylaws, changes to the compact legislation, fees
34 paid by interstate compact member states such as annual
35 dues, and any compact fee charged by the member states
36 on behalf of the commission.
37 (B) Ensure commission administration services are
38 appropriately provided, contractual or otherwise.
39 (C) Prepare and recommend the budget.
40 (D) Maintain financial records on behalf of the
41 commission.
42 (E) Monitor compliance of member states and provide
SB 146—LS 7471/DI 143 20
1 reports to the commission.
2 (F) Perform other duties as provided in rules or bylaws.
3 (6) Meetings of the commission.
4 (A) All meetings shall be open to the public, and public
5 notice of meetings shall be given in accordance with
6 commission bylaws.
7 (B) The commission or the executive committee or other
8 committees of the commission may convene in a closed,
9 non-public meeting if the commission or executive
10 committee or other committees of the commission must
11 discuss:
12 (i) non-compliance of a member state with its obligations
13 under the compact;
14 (ii) the employment, compensation, discipline or other
15 matters, practices or procedures related to specific
16 employees, or other matters related to the commission's
17 internal personnel practices and procedures;
18 (iii) current, threatened, or reasonably anticipated
19 litigation;
20 (iv) negotiation of contracts for the purchase, lease, or
21 sale of goods, services, or real estate;
22 (v) accusing any person of a crime or formally censuring
23 any person;
24 (vi) disclosure of trade secrets or commercial or financial
25 information that is privileged or confidential;
26 (vii) disclosure of information of a personal nature
27 where disclosure would constitute a clearly unwarranted
28 invasion of personal privacy;
29 (viii) disclosure of investigative records compiled for law
30 enforcement purposes;
31 (ix) disclosure of information related to any investigative
32 reports prepared by or on behalf of or for use of the
33 commission or other committee charged with
34 responsibility of investigation or determination of
35 compliance issues pursuant to the compact;
36 (x) matters specifically exempted from disclosure by
37 federal or member state statute; or
38 (xi) others matters as set forth by commission bylaws
39 and rules.
40 (C) If a meeting, or portion of a meeting, is closed pursuant
41 to this provision, the commission's legal counsel or
42 designee shall certify that the meeting may be closed and
SB 146—LS 7471/DI 143 21
1 shall reference each relevant exempting provision.
2 (D) The commission shall keep minutes of commission
3 meetings and shall provide a full and accurate summary of
4 actions taken, and the reasons therefore, including a
5 description of the views expressed. All documents
6 considered in connection with an action shall be identified
7 in such minutes. All minutes and documents of a closed
8 meeting shall remain under seal, subject to release by a
9 majority vote of the commission or order of a court of
10 competent jurisdiction.
11 (7) Financing of the commission.
12 (A) The commission shall pay, or provide for the payment
13 of, the reasonable expenses of its establishment,
14 organization, and ongoing activities.
15 (B) The commission may accept all appropriate donations
16 and grants of money, equipment, supplies, materials, and
17 services, and receive, utilize, and dispose of the same,
18 provided that at all times the commission shall avoid any
19 appearance of impropriety or conflict of interest.
20 (C) The commission may levy on and collect an annual
21 assessment from each member state or impose fees on
22 other parties to cover the cost of the operations and
23 activities of the commission, in accordance with the
24 commission rules.
25 (D) The commission shall not incur obligations of any kind
26 prior to securing the funds adequate to meet the same; nor
27 shall the commission pledge the credit of any of the
28 member states, except by and with the authority of the
29 member state.
30 (E) The commission shall keep accurate accounts of all
31 receipts and disbursements. The receipts and
32 disbursements of the commission shall be subject to
33 accounting procedures established under commission
34 bylaws. All receipts and disbursements of funds of the
35 commission shall be reviewed annually in accordance with
36 commission bylaws, and a report of the review shall be
37 included in and become part of the annual report of the
38 commission.
39 (8) Qualified immunity, defense, and indemnification.
40 (A) The members, officers, executive director, employees,
41 and representatives of the commission shall be immune
42 from suit and liability, either personally or in their official
SB 146—LS 7471/DI 143 22
1 capacity, for any claim for damage to or loss of property or
2 personal injury or other civil liability caused by or arising
3 out of any actual or alleged act, error, or omission that
4 occurred, or that the person against whom the claim is
5 made had a reasonable basis for believing occurred within
6 the scope of commission employment, duties, or
7 responsibilities; provided that nothing in this paragraph
8 shall be construed to protect any such person from suit or
9 liability for any damage, loss, injury, or liability caused by
10 the intentional or willful or wanton misconduct of that
11 person.
12 (B) The commission shall defend any member, officer,
13 executive director, employee, or representative of the
14 commission in any civil action seeking to impose liability
15 arising out of any actual or alleged act, error, or omission
16 that occurred within the scope of commission employment,
17 duties, or responsibilities, or that the person against whom
18 the claim is made had a reasonable basis for believing
19 occurred within the scope of commission employment,
20 duties, or responsibilities; provided that nothing herein
21 shall be construed to prohibit that person from retaining
22 his or her own counsel; and provided further, that the
23 actual or alleged act, error, or omission did not result from
24 that person's intentional or willful or wanton misconduct.
25 (C) The commission shall indemnify and hold harmless any
26 member, officer, executive director, employee, or
27 representative of the commission for the amount of any
28 settlement or judgment obtained against that person
29 arising out of any actual or alleged act, error, or omission
30 that occurred within the scope of commission employment,
31 duties, or responsibilities, or that such person had a
32 reasonable basis for believing occurred within the scope of
33 commission employment, duties, or responsibilities,
34 provided that the actual or alleged act, error, or omission
35 did not result from the intentional or willful or wanton
36 misconduct of that person.
37 Sec. 8. Article VIII, rulemaking.
38 (1) The commission shall exercise its rulemaking powers
39 pursuant to the criteria set forth in this interstate compact
40 and the rules adopted thereunder. Rules and amendments
41 shall become binding as of the date specified in each rule or
42 amendment.
SB 146—LS 7471/DI 143 23
1 (2) The commission shall promulgate reasonable rules to
2 achieve the intent and purpose of this interstate compact. In
3 the event the commission exercises its rulemaking authority
4 in a manner that is beyond purpose and intent of this
5 interstate compact, or the powers granted hereunder, then
6 such an action by the commission shall be invalid and have no
7 force and effect of law in the member states.
8 (3) If a majority of the legislatures of the member states
9 rejects a rule, by enactment of a statute or resolution in the
10 same manner used to adopt the compact within four (4) years
11 of the date of adoption of the rule, then such rule shall have no
12 further force and effect in any member state.
13 (4) Rules or amendments to the rules shall be adopted or
14 ratified at a regular or special meeting of the commission in
15 accordance with commission rules and bylaws.
16 (5) Upon determination that an emergency exists, the
17 commission may consider and adopt an emergency rule with
18 forty-eight (48) hours' notice, with opportunity to comment,
19 provided that the usual rulemaking procedures shall be
20 retroactively applied to the rule as soon as reasonably
21 possible, in no event later than ninety (90) days after the
22 effective date of the rule. For the purposes of this provision,
23 an emergency rule is one that must be adopted immediately in
24 order to do the following:
25 (A) Meet an imminent threat to public health, safety, or
26 welfare.
27 (B) Prevent a loss of commission or member state funds.
28 (C) Meet a deadline for the promulgation of an
29 administrative rule that is established by federal law or
30 rule.
31 (D) Protect public health and safety.
32 Sec. 9. Article IX, facilitating information exchange.
33 (1) The commission shall provide for facilitating the exchange
34 of information to administer and implement the provisions of
35 this compact in accordance with the rules of the commission,
36 consistent with generally accepted data protection principles.
37 (2) Nothing in this compact shall be deemed or construed to
38 alter, limit, or inhibit the power of a member state to control
39 and maintain ownership of its licensee information or alter,
40 limit, or inhibit the laws or regulations governing licensee
41 information in the member state.
42 Sec. 10. Article X, oversight, dispute resolution, and
SB 146—LS 7471/DI 143 24
1 enforcement.
2 (1) Oversight.
3 (A) The executive and judicial branches of state
4 government in each member state shall enforce this
5 compact and take all actions necessary and appropriate to
6 effectuate the compact's purposes and intent. The
7 provisions of this compact shall have standing as statutory
8 law.
9 (B) Venue is proper and judicial proceedings by or against
10 the commission shall be brought solely and exclusively in
11 a court of competent jurisdiction where the principal office
12 of the commission is located. The commission may waive
13 venue and jurisdictional defenses to the extent it adopts or
14 consents to participate in alternative dispute resolution
15 proceedings. Nothing herein shall affect or limit the
16 selection or propriety of venue in any action against a
17 licensee for professional malpractice, misconduct or any
18 such similar matter.
19 (C) All courts and all administrative agencies shall take
20 judicial notice of the compact, the rules of the commission,
21 and any information provided to a member state pursuant
22 thereto in any judicial or quasi-judicial proceeding in a
23 member state pertaining to the subject matter of this
24 compact, or which may affect the powers, responsibilities,
25 or actions of the commission.
26 (D) The commission shall be entitled to receive service of
27 process in any proceeding regarding the enforcement or
28 interpretation of the compact and shall have standing to
29 intervene in such a proceeding for all purposes. Failure to
30 provide the commission service of process shall render a
31 judgment or order void as to the commission, this compact,
32 or promulgated rules.
33 (2) Default, technical assistance, and termination.
34 (A) If the commission determines that a member state has
35 defaulted in the performance of its obligations or
36 responsibilities under this compact or the promulgated
37 rules, the commission shall:
38 (i) provide written notice to the defaulting state and
39 other member states of the nature of the default, the
40 proposed means of curing the default or any other action
41 to be taken by the commission; and
42 (ii) provide remedial training and specific technical
SB 146—LS 7471/DI 143 25
1 assistance regarding the default.
2 (3) If a state in default fails to cure the default, the defaulting
3 state may be terminated from the compact upon an
4 affirmative vote of a majority of the commissioners of the
5 member states, and all rights, privileges, and benefits
6 conferred on that state by this compact may be terminated on
7 the effective date of termination. A cure of the default does
8 not relieve the offending state of obligations or liabilities
9 incurred during the period of default.
10 (4) Termination of membership in the compact shall be
11 imposed only after all other means of securing compliance
12 have been exhausted. Notice of intent to suspend or terminate
13 shall be given by the commission to the governor, the majority
14 and minority leaders of the defaulting state's legislature, the
15 state licensing authority and each of the member states.
16 (5) A state that has been terminated is responsible for all
17 assessments, obligations, and liabilities incurred through the
18 effective date of termination, including obligations that extend
19 beyond the effective date of termination.
20 (6) The commission shall not bear any costs related to a state
21 that is found to be in default or that has been terminated from
22 the compact, unless agreed upon in writing between the
23 commission and the defaulting state.
24 (7) The defaulting state may appeal the action of the
25 commission by petitioning the United States District Court for
26 the District of Columbia or the federal district where the
27 commission has its principal offices. The prevailing party
28 shall be awarded all costs of such litigation, including
29 reasonable attorney's fees.
30 (8) Dispute resolution.
31 (A) Upon request by a member state, the commission shall
32 attempt to resolve disputes related to the compact that
33 arise among member states and between member and
34 non-member states.
35 (B) The commission shall promulgate a rule providing for
36 both binding and nonbinding alternative dispute resolution
37 for disputes as appropriate.
38 (9) Enforcement.
39 (A) The commission, in the reasonable exercise of its
40 discretion, shall enforce the provisions and rules of this
41 compact.
42 (B) By majority vote, the commission may initiate legal
SB 146—LS 7471/DI 143 26
1 action in the United States District Court for the District of
2 Columbia or the federal district where the commission has
3 its principal offices against a member state in default to
4 enforce compliance with the provisions of the compact and
5 its promulgated rules and bylaws. The relief sought may
6 include both injunctive relief and damages. In the event
7 judicial enforcement is necessary, the prevailing party
8 shall be awarded all costs of such litigation, including
9 reasonable attorney's fees. The remedies herein shall not
10 be the exclusive remedies of the commission. The
11 commission may pursue any other remedies available
12 under federal or state law.
13 Sec. 11. Article XI, effectuation, withdrawal, and amendment.
14 (1) The compact shall come into effect on the date on which
15 the compact statute is enacted into law in the tenth member
16 state.
17 (A) On or after the effective date of the compact, the
18 commission shall convene and review the enactment of
19 each of the charter member states to determine if the
20 statute enacted by each such charter member state is
21 materially different from the model compact statute.
22 (B) A charter member state whose enactment is found to
23 be materially different from the model compact statute
24 shall be entitled to the default process set forth in Article
25 X.
26 (C) Member states enacting the compact subsequent to the
27 charter member states shall be subject to the process set
28 forth in Article VII, section 7(c)(20) of this chapter to
29 determine if their enactments are materially different from
30 the model compact statute and whether they qualify for
31 participation in the compact.
32 (2) If any member state is later found to be in default, or is
33 terminated or withdraws from the compact, the commission
34 shall remain in existence and the compact shall remain in
35 effect even if the number of member states should be less than
36 ten (10).
37 (3) Any state that joins the compact after the commission's
38 initial adoption of the rules and bylaws shall be subject to the
39 rules and bylaws as they exist on the date on which the
40 compact becomes law in that state. Any rule that has been
41 previously adopted by the commission shall have the full force
42 and effect of law on the day the compact becomes law in that
SB 146—LS 7471/DI 143 27
1 state, as the rules and bylaws may be amended as provided in
2 this compact.
3 (4) Any member state may withdraw from this compact by
4 enacting a statute repealing the same.
5 (A) A member state's withdrawal shall not take effect until
6 six (6) months after enactment of the repealing statute.
7 (B) Withdrawal shall not affect the continuing requirement
8 of the withdrawing state's licensing authority to comply
9 with the investigative and adverse action reporting
10 requirements of this act prior to the effective date of
11 withdrawal.
12 (5) This compact may be amended by the member states. No
13 amendment to this compact shall become effective and
14 binding upon any member state until it is enacted into the
15 laws of all member states.
16 Sec. 12. Article XII, construction and severability.
17 (1) This compact shall be liberally construed to effectuate the
18 purposes thereof. The provisions of this compact shall be
19 severable and if any phrase, clause, sentence, or provision of
20 this compact is declared to be contrary to the constitution of
21 any member state or a state seeking membership in the
22 compact, or of the United States or the applicability thereof to
23 any other government, agency, person, or circumstance is
24 held invalid, the validity of the remainder of this compact and
25 the applicability thereof to any government, agency, person,
26 or circumstance shall not be affected thereby. If this compact
27 shall be held contrary to the constitution of any member state,
28 the compact shall remain in full force and effect as to the
29 remaining member states and in full force and effect as to the
30 member state affected as to all severable matters.
31 Sec. 13. Article XIII, consistent effect and conflict with other
32 state laws.
33 (1) Nothing herein shall prevent or inhibit the enforcement of
34 any other law of a member state that is not inconsistent with
35 the compact.
36 (2) Any laws, statutes, regulations, or other legal
37 requirements in a member state in conflict with the compact
38 are superseded to the extent of the conflict.
39 (3) All permissible agreements between the commission and
40 the member states are binding in accordance with their terms.
41 Sec. 14. (a) The secretary of education, or a person authorized
42 to act on behalf of the secretary of education, is the education
SB 146—LS 7471/DI 143 28
1 official selected by this state to negotiate and enter into, on behalf
2 of this state, contracts under the interstate agreement set forth in
3 section 1 of this chapter.
4 (b) The designated education official, acting jointly with similar
5 officers of other party states, may adopt rules to carry out more
6 effectively the terms of the interstate agreement.
7 (c) The designated education official is authorized, empowered,
8 and directed to cooperate with all departments, agencies, and
9 officers of state government and its subdivisions in facilitating the
10 proper administration of the following:
11 (1) The interstate agreement.
12 (2) A supplementary agreement entered into by this state
13 under the interstate agreement.
14 SECTION 10. IC 20-43-10-3.5, AS AMENDED BY P.L.93-2024,
15 SECTION 147, IS AMENDED TO READ AS FOLLOWS
16 [EFFECTIVE JUNE 29, 2025]: Sec. 3.5. (a) As used in this section,
17 "school" means a school corporation or charter school. and a virtual
18 charter school.
19 (b) Subject to the requirements of this section, A school qualifies for
20 a teacher appreciation incentivization grant as provided in this section
21 for a state fiscal year if one (1) or more licensed teachers
22 (1) employed in the classroom by the school; or
23 (2) directly providing virtual education;
24 were rated as effective or as highly effective, using the most recently
25 completed teacher ratings. are employed to provide direct
26 instruction to students in the classroom.
27 (c) A school may not receive a teacher appreciation incentivization
28 grant under this section unless the:
29 (1) the school has in the state fiscal year in which the teacher
30 appreciation incentivization grants are made under this section
31 (A) adopted an annual policy concerning the distribution of
32 teacher appreciation grants; and
33 (B) submitted the policy a distribution plan to the department
34 for approval; and
35 (2) the department has approved the policy. approves the plan;
36 and
37 (3) governing body or the equivalent for a charter school
38 adopts the approved plan.
39 The department shall specify the date by which a policy plan described
40 in subdivision (1) must be submitted to the department.
41 (d) The amount of a teacher appreciation incentivization grant for
42 a qualifying school corporation or virtual charter school is equal to:
SB 146—LS 7471/DI 143 29
1 (1) thirty-seven dollars and fifty-cents ($37.50); multiplied by
2 (2) the school's current ADM.
3 However, the grant amount for a virtual charter school may not exceed
4 the statewide average grant amount.
5 (e) The following apply to the distribution of teacher appreciation
6 incentivization grants:
7 (1) If the total amount to be distributed as teacher appreciation
8 incentivization grants for a particular state fiscal year exceeds the
9 amount appropriated by the general assembly for teacher
10 appreciation incentivization grants for that state fiscal year, the
11 total amount to be distributed as teacher appreciation
12 incentivization grants to schools shall be proportionately reduced
13 so that the total reduction equals the amount of the excess. The
14 amount of the reduction for a particular school is equal to the total
15 amount of the excess multiplied by a fraction. The numerator of
16 the fraction is the amount of the teacher appreciation grant that
17 the school would have received if a reduction were not made
18 under this section. The denominator of the fraction is the total
19 amount that would be distributed as teacher appreciation grants
20 to all schools if a reduction were not made under this section.
21 (2) If the total amount to be distributed as teacher appreciation
22 incentivization grants for a particular state fiscal year is less than
23 the amount appropriated by the general assembly for teacher
24 appreciation incentivization grants for that state fiscal year, the
25 total amount to be distributed as teacher appreciation
26 incentivization grants to schools for that particular state fiscal
27 year shall be proportionately increased so that the total amount to
28 be distributed equals the amount of the appropriation for that
29 particular state fiscal year.
30 (f) The annual teacher appreciation incentivization grant to which
31 a school is entitled for a state fiscal year shall be distributed to the
32 school before December 5 April 15 of that state fiscal year.
33 (g) The following apply to a school's policy plan under subsection
34 (c) concerning the distribution of teacher appreciation incentivization
35 grants:
36 (1) The governing body or the equivalent for a charter school
37 shall differentiate between a teacher rated as a highly effective
38 teacher and a teacher rated as an effective teacher. The policy
39 must provide that the amount of a stipend awarded to a teacher
40 rated as a highly effective teacher must be at least twenty-five
41 percent (25%) more than the amount of a stipend awarded to a
42 teacher rated as an effective teacher.
SB 146—LS 7471/DI 143 30
1 (2) The governing body of a school may differentiate between
2 school buildings. distribute differentiated stipends under the
3 plan based on one (1) or more of the following criteria:
4 (A) Whether the teacher serves as the teacher of record or
5 teacher of service for students receiving special education
6 services.
7 (B) Whether the teacher serves as the teacher of record or
8 teacher of service for English language learners.
9 (C) Whether the teacher has an average class size of more
10 than thirty (30) students.
11 (D) Whether the teacher has five (5) or more years of
12 service and serves in an official mentoring capacity for one
13 (1) or more teachers.
14 (E) Whether the teacher serves as the teacher of record in
15 high need areas based on educator supply and demand
16 data as determined by the department.
17 (F) Whether the teacher serves as the teacher of record or
18 teacher of service for students who demonstrate significant
19 annual growth as determined by the department on one (1)
20 or more of the following:
21 (i) The determinant evaluation of reading skills approved
22 by the state board under IC 20-32-8.5-2.
23 (ii) The statewide assessment program under
24 IC 20-32-5.1-7.
25 (iii) Any additional performance indicator approved by
26 the department.
27 (3) (2) A stipend to an individual teacher in a particular year is
28 not subject to collective bargaining and is in addition to the
29 minimum salary or increases in salary set under IC 20-28-9-1.5.
30 The governing body may provide that an amount not exceeding
31 fifty percent (50%) of the amount of a stipend to an individual
32 teacher in a particular state fiscal year becomes a permanent part
33 of and increases the base salary of the teacher receiving the
34 stipend for school years beginning after the state fiscal year in
35 which the stipend is received. The addition to base salary is not
36 subject to collective bargaining.
37 (h) A teacher appreciation incentivization grant received by a
38 school shall be allocated among and used only to pay cash stipends to
39 all licensed teachers employed to provide direct instruction to
40 students in the classroom who are rated as effective or as highly
41 effective and employed by the school as of December 1. A school may
42 allocate up to twenty percent (20%) of the grant received by the school
SB 146—LS 7471/DI 143 31
1 to provide a supplemental award to teachers with less than five (5)
2 years of service who are rated as effective or as highly effective. A
3 school may allocate up to ten percent (10%) of the grant received by
4 the school to provide a supplemental award to teachers who serve as
5 mentors to teachers who have less than two (2) years of service. The
6 supplemental awards are in addition to the award made from the part
7 of the grant that is allocated to all eligible teachers. as of April 15.
8 (i) The lead school corporation or interlocal cooperative
9 administering a cooperative or other special education program or
10 administering a career and technical education program, including
11 programs managed under IC 20-26-10, IC 20-35-5, IC 20-37, or
12 IC 36-1-7, shall award teacher appreciation incentivization grant
13 stipends to and carry out the other responsibilities of an employing
14 school corporation under this section for the teachers in the special
15 education program or career and technical education program.
16 (j) A school shall distribute all stipends from a teacher appreciation
17 incentivization grant to individual teachers within twenty (20) sixty
18 (60) business days of the date the department distributes the teacher
19 appreciation incentivization grant to the school. Any part of the
20 teacher appreciation incentivization grant not distributed as stipends
21 to teachers before February must be returned to the department on the
22 earlier of the date set by the department or June 30 of that state fiscal
23 year.
24 (k) The department, after review by the budget committee, may
25 waive the December 5 deadline under subsection (f) to distribute an
26 annual teacher appreciation grant to the school under this section for
27 that state fiscal year and approve an extension of that deadline to a later
28 date within that state fiscal year, if the department determines that a
29 waiver and extension of the deadline are in the public interest.
30 (l) The state board may adopt rules under IC 4-22-2 as necessary to
31 implement this section.
32 (m) (k) This section expires June 30, 2025. 2027.
33 SECTION 11. IC 34-30-2.1-287.3 IS ADDED TO THE INDIANA
34 CODE AS A NEW SECTION TO READ AS FOLLOWS
35 [EFFECTIVE JULY 1, 2025]: Sec. 287.3. IC 20-38-4-7(d)(8)
36 (Concerning the members, officers, executive director, employees,
37 and representatives of the interstate teacher mobility compact
38 commission).
39 SECTION 12. An emergency is declared for this act.
SB 146—LS 7471/DI 143 32
COMMITTEE REPORT
Mr. President: The Senate Committee on Education and Career
Development, to which was referred Senate Bill No. 146, 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 pages 2 through 7.
Page 8, delete lines 1 through 30, begin a new paragraph and insert:
"SECTION 1. IC 20-19-3-38 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 38. (a) As used in this section:
(1) "school health plan" refers to a school employee health
plan offered under IC 20-26-17; and
(2) "state health plan" refers to a state employee health plan
offered under IC 5-10-8-6.7.
(b) Before November 1, 2025, the department shall prepare and
submit a report to the general assembly in an electronic format
under IC 5-14-6 that provides an analysis of the feasibility and cost
of increasing school corporation employee health plan options.
(c) The report described in subsection (b) must include the
following:
(1) An analysis of the feasibility and cost of allowing a school
corporation employee to elect to participate in a state health
plan if the state health plan is less expensive than the school
health plan offered by the employee's school corporation.
(2) An analysis of the feasibility and cost of allowing a school
corporation employee who elects, as described in subdivision
(1), to participate in a less expensive state health plan to apply
the difference between the amount of the school health plan
offered by the employee's school corporation and the amount
of the state health plan to:
(A) the employee's defined contribution account, if the
employee maintains a defined contribution account; or
(B) the employee's annual salary.
(d) This section expires July 1, 2026.".
Page 9, delete lines 20 through 42.
Page 10, delete lines 1 through 38.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass and be reassigned to the
Senate Committee on Appropriations.
SB 146—LS 7471/DI 143 33
(Reference is to SB 146 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 11, Nays 0.
SB 146—LS 7471/DI 143