*ES0146.2*
April 3, 2025
ENGROSSED
SENATE BILL No. 146
_____
DIGEST OF SB 146 (Updated April 2, 2025 5:40 pm - DI 134)
Citations Affected: IC 20-18; IC 20-19; IC 20-20; IC 20-28;
IC 20-38; IC 34-30.
Synopsis: Teacher compensation. Requires the department of
education (department) 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.
(Continued next page)
Effective: July 1, 2025.
Rogers, Raatz, Schmitt, Byrne,
Deery, Johnson T, Donato, Buchanan,
Goode, Randolph Lonnie M
(HOUSE SPONSORS — TESHKA, BEHNING, MCGUIRE, CASH)
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.
January 30, 2025, amended, reported favorably — Do Pass.
February 3, 2025, read second time, ordered engrossed. Engrossed.
February 4, 2025, read third time, passed. Yeas 50, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Education.
March 20, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
April 3, 2025, amended, reported — Do Pass.
ES 146—LS 7471/DI 143 Digest Continued
Creates the Indiana teacher recruitment program. 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%). Amends the requirements for a school corporation
and the department if the school corporation determines that the school
corporation cannot meet minimum teacher salary requirements.
Provides for certain paid new parent and childbirth recovery leave for
teachers. Joins the interstate teacher mobility compact. Removes a
provision that provides that the matrix rating system may not rank or
compare teacher preparation programs.
ES 146—LS 7471/DI 143ES 146—LS 7471/DI 143 April 3, 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
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 20-18-2-22, AS AMENDED BY P.L.246-2023,
2 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 22. (a) "Teacher" means a professional person
4 whose position in a school corporation requires certain educational
5 preparation and licensing and whose primary responsibility is the
6 instruction of students.
7 (b) Except as provided in subsections (d) and (e), for purposes of
8 IC 20-28 other than IC 20-28-13, the term includes the following:
9 (1) A superintendent who holds a license under IC 20-28-5.
10 (2) A principal.
11 (3) A teacher.
12 (4) A librarian.
13 (5) A school counselor.
14 (6) A school psychologist.
15 (c) For purposes of IC 20-43-10-3.5, the term means a professional
16 person whose position with a:
17 (1) school corporation;
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1 (2) special education cooperative established under IC 20-35-5;
2 (3) cooperative career and technical education program;
3 (4) special education program established by an interlocal
4 agreement under IC 36-1-7;
5 (5) joint program agreement established under IC 20-26-10; or
6 (6) charter school;
7 requires a license (as defined in IC 20-28-1-7) and whose primary
8 responsibility is the instruction of students in the classroom or virtual
9 classroom.
10 (d) "Teacher", for purposes of IC 20-28-9-26 and IC 20-28-9-27,
11 means a classroom teacher licensed under IC 20-28-5 who provides
12 instruction to students for at least fifty percent (50%) of the teacher's
13 work day.
14 (e) For purposes of IC 20-28-9-28, the term includes an adjunct
15 teacher, school counselor, and permanent substitute teacher employed
16 by a school corporation.
17 SECTION 2. IC 20-19-3-38 IS ADDED TO THE INDIANA CODE
18 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
19 1, 2025]: Sec. 38. (a) As used in this section:
20 (1) "school health plan" refers to a school employee health
21 plan offered under IC 20-26-17; and
22 (2) "state health plan" refers to a state employee health plan
23 offered under IC 5-10-8-6.7.
24 (b) Before November 1, 2025, the department shall prepare and
25 submit a report to the general assembly in an electronic format
26 under IC 5-14-6 that provides an analysis of the feasibility and cost
27 of increasing school corporation employee health plan options.
28 (c) The report described in subsection (b) must include the
29 following:
30 (1) An analysis of the feasibility and cost of allowing a school
31 corporation employee to elect to participate in a state health
32 plan if the state health plan is less expensive than the school
33 health plan offered by the employee's school corporation.
34 (2) An analysis of the feasibility and cost of allowing a school
35 corporation employee who elects, as described in subdivision
36 (1), to participate in a less expensive state health plan to apply
37 the difference between the amount of the school health plan
38 offered by the employee's school corporation and the amount
39 of the state health plan to:
40 (A) the employee's defined contribution account, if the
41 employee maintains a defined contribution account; or
42 (B) the employee's annual salary.
ES 146—LS 7471/DI 143 3
1 (d) This section expires July 1, 2026.
2 SECTION 3. IC 20-20-51 IS ADDED TO THE INDIANA CODE
3 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2025]:
5 Chapter 51. Indiana Teacher Recruitment Program
6 Sec. 1. As used in this chapter, "program" refers to the Indiana
7 teacher recruitment program established by section 2 of this
8 chapter.
9 Sec. 2. (a) The Indiana teacher recruitment program is
10 established. The purpose of the program is to provide grants to
11 training and recruitment programs for teachers in critical shortage
12 areas, as determined by the department, based on data contained
13 in the educator supply and demand marketplace maintained on the
14 department's website.
15 (b) The department shall administer the program.
16 Sec. 3. The department shall do the following:
17 (1) Create an application and approval process for training
18 and recruitment programs.
19 (2) Determine guidelines for awarding grants under the
20 program.
21 Sec. 4. This chapter expires June 30, 2027.
22 SECTION 4. IC 20-28-3-1, AS AMENDED BY P.L.150-2024,
23 SECTION 21, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 1. (a) As used in this section, "teacher candidate"
25 means an individual recommended for an initial teaching license from
26 a teacher preparation program located in Indiana.
27 (b) As used in this section, "teacher preparation program" includes,
28 but is not limited to, the following:
29 (1) A teacher education school or department.
30 (2) A transition to teaching program under IC 20-28-4.
31 (3) Any other entity approved by the department to offer a course
32 of study leading to an initial teaching license.
33 (c) The department shall:
34 (1) arrange a statewide system of professional instruction for
35 teacher education;
36 (2) accredit and review teacher preparation programs that comply
37 with the rules of the department;
38 (3) approve content area licensure programs for particular kinds
39 of teachers in accredited teacher preparation programs; and
40 (4) specify the types of licenses for individuals who complete
41 programs of approved courses.
42 (d) The department shall work with teacher preparation programs to
ES 146—LS 7471/DI 143 4
1 develop a system of teacher education that ensures individuals who
2 complete teacher preparation programs are able to meet the highest
3 professional standards.
4 (e) Before July 1, 2015, the department shall establish standards for
5 the continuous improvement of program processes and the performance
6 of individuals who complete teacher preparation programs. The state
7 board shall adopt rules containing the standards not later than two
8 hundred seventy (270) days after the department finishes the standards.
9 (f) The standards established under subsection (e) must include
10 benchmarks for performance, including test score data for each teacher
11 preparation entity on content area licensure tests and test score data for
12 each teacher preparation entity on pedagogy licensure tests.
13 (g) Each teacher preparation program shall annually report the
14 program's performance on the standards and benchmarks established
15 under this section to the department. The department shall make the
16 information reported under this subsection available to the public on
17 the department's website. Each teacher preparation program shall make
18 the information reported under this subsection available to the public
19 on the teacher preparation program's website. In addition to reporting
20 performance, each teacher preparation program must report to the
21 department the following:
22 (1) The attrition, retention, and completion rates of teacher
23 candidates for the previous three (3) calendar years. The teacher
24 preparation program must also provide underlying data, as
25 determined by the department, used as part of calculating the
26 teacher preparation program's retention rates.
27 (2) The number of teacher candidates in each content area who
28 complete the teacher preparation program during the year,
29 disaggregated by ranges of cumulative grade point averages.
30 (3) The number of teacher candidates in each content area who,
31 during the year:
32 (A) do not pass a content area licensure examination; and
33 (B) do not retake the content area licensure examination.
34 (h) In making information available to the public on the
35 department's website, the department shall include in the report under
36 subsection (g), in addition to the matrix ratings described in subsection
37 (i), the following information:
38 (1) Average scaled or standard scores of teacher candidates who
39 complete teacher preparation programs on basic skills, content
40 area, and pedagogy licensure examinations.
41 (2) The average number of times teacher candidates who
42 complete a teacher preparation program take each licensing test
ES 146—LS 7471/DI 143 5
1 before receiving a passing score and the percentage of teacher
2 candidates who receive a passing score on each licensing test on
3 the teacher candidates' first attempts.
4 (i) Not later than July 30, 2016, the department and the commission
5 for higher education, in conjunction with the state board, the
6 Independent Colleges of Indiana, Inc., and teacher preparation
7 programs, shall establish a matrix rating system for teacher preparation
8 programs based on the performance of the programs as demonstrated
9 by the data collected under subsections (g) and (h). The matrix rating
10 system may not rank or compare teacher preparation programs. The
11 matrix rating system must be based on data collected for teachers who
12 initially receive their teaching license during the previous three (3)
13 years. The department shall make the matrix ratings available to the
14 public on the department's website.
15 (j) Each teacher preparation program shall report to the department,
16 in a manner prescribed by the department, the teacher preparation
17 program's admission practices, in accordance with:
18 (1) the Council for the Accreditation of Educator Preparation
19 standards, for teacher preparation programs accredited by the
20 Council for the Accreditation of Educator Preparation;
21 (2) rigorous academic entry requirements for admission into a
22 teacher preparatory program that are equivalent to the minimum
23 academic requirements determined by the Council for the
24 Accreditation of Educator Preparation, for teacher preparation
25 programs that are not accredited by the Council for the
26 Accreditation of Educator Preparation; or
27 (3) the Association for Advancing Quality in Educator
28 Preparation standards, for teacher preparation programs
29 accredited by the Association for Advancing Quality in Educator
30 Preparation.
31 The department shall include information reported to the department
32 on the department's website.
33 (k) 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 minimum rating under the matrix rating
37 system established under subsection (i) that teacher preparation
38 programs must achieve to avoid referral under subsection (l).
39 (l) Not later than July 1 of each year, the department shall submit a
40 list of teacher preparation programs that do not meet the minimum
41 rating established under subsection (k) or the requirements of section
42 3.1 of this chapter to the commission for higher education and the
ES 146—LS 7471/DI 143 6
1 Independent Colleges of Indiana, Inc. for one (1) of the following
2 actions:
3 (1) In the case of a state educational institution, the commission
4 for higher education shall place the teacher preparation program
5 on an improvement plan with clear performance goals and a
6 designated period in which the performance goals must be
7 achieved.
8 (2) In the case of a proprietary postsecondary educational
9 institution, the commission for higher education shall recommend
10 to the teacher preparation program an improvement plan with
11 clear performance goals and a designated period in which the
12 performance goals should be achieved.
13 (3) In the case of a nonprofit college or university, the
14 Independent Colleges of Indiana, Inc., shall coordinate a peer
15 review process to make recommendations to the peer institution
16 in achieving the department's performance metrics.
17 (m) The department shall approve at least two (2) accreditors that:
18 (1) accredit teacher preparation programs; and
19 (2) are recognized by the Council for Higher Education
20 Accreditation;
21 to accredit teacher preparation programs for use in Indiana.
22 (n) Not later than December 31, 2024, the department and the
23 commission for higher education, in conjunction with the state board,
24 shall partner with teacher preparation programs to receive an outside
25 evaluation by a nationally recognized nonprofit, nonpartisan
26 organization that leverages evidence based approaches on the science
27 of reading to evaluate teacher preparation reading instruction programs.
28 SECTION 5. IC 20-28-9-26, AS ADDED BY P.L.165-2021,
29 SECTION 154, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 26. (a) For each school year
31 beginning after June 30, 2022, June 30, 2025, if a school corporation
32 determines that the school corporation cannot establish a minimum
33 salary of forty forty-five thousand dollars ($40,000) ($45,000) for each
34 full-time teacher, the school corporation and the department shall
35 submit a report to the department explaining the school corporation's
36 inability to meet the minimum threshold requirement.
37 (b) A report submitted under this section must include an
38 explanation of the financial challenges, with detailed data, that
39 preclude the school corporation from meeting the minimum salary
40 threshold required under subsection (a). The report must also describe
41 the cost saving measures taken by the school corporation in attempting
42 to meet the minimum salary threshold required under subsection (a).
ES 146—LS 7471/DI 143 7
1 must comply with the requirements of subsections (b) through (d).
2 (b) For each state fiscal year that a school corporation fails to
3 meet the minimum salary requirements for full-time teachers
4 under subsection (a), the department shall submit in both a written
5 and an electronic format a notice to the school corporation's:
6 (1) superintendent;
7 (2) school business officer; and
8 (3) governing body;
9 that the school corporation failed to meet the requirements set
10 forth in subsection (a) for the applicable state fiscal year.
11 (c) If a school corporation's governing body receives a notice
12 from the department under subsection (b), the school corporation
13 shall do the following:
14 (1) Publicly acknowledge receipt of the notice from the
15 department at the governing body's next public meeting.
16 (2) Enter into the governing body's official minutes for the
17 meeting described in subdivision (1) acknowledgment of the
18 notice.
19 (3) Not later than thirty (30) days after the meeting described
20 in subdivision (1), publish on the school corporation's website:
21 (A) the department's notice; and
22 (B) any relevant individual reports prepared by the
23 department.
24 (d) If the department determines a school corporation that
25 received one (1) or more notices from the department under
26 subsection (b) has met the minimum salary requirements required
27 under subsection (a) for a subsequent state fiscal year, the school
28 corporation may remove from the school corporation's website
29 any:
30 (1) notices the school corporation received under subsection
31 (b); and
32 (2) relevant individual reports prepared by the department
33 under subsection (c)(3).
34 SECTION 6. IC 20-28-9-28, AS AMENDED BY P.L.150-2024,
35 SECTION 26, AND AS AMENDED BY P.L.136-2024, SECTION 43,
36 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
37 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
38 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
39 Sec. 28. (a) Subject to subsection (g), (c), for each school year in a state
40 fiscal year beginning after June 30, 2023, June 30, 2025, a school
41 corporation shall expend an amount for teacher compensation that is
42 not less than an amount equal to sixty-two percent (62%) sixty-five
ES 146—LS 7471/DI 143 8
1 percent (65%) of the state tuition support, other than the state tuition
2 support described in subsection (b), distributed to the school
3 corporation during the state fiscal year. For purposes of determining
4 whether a school corporation has complied with this requirement, the
5 amount a school corporation expends for teacher compensation shall
6 include the amount the school corporation expends for adjunct
7 teachers, supplemental pay for teachers, stipends, and for participating
8 in a special education cooperative or an interlocal agreement or
9 consortium that is directly attributable to the compensation of teachers
10 employed by the cooperative or interlocal agreement or consortium.
11 The amount a school corporation expends on teacher compensation
12 shall also include the amount the school corporation expends on
13 dropout recovery educational services for an at-risk student enrolled
14 in the school corporation provided by an agreement with an eligible
15 school that is directly attributable to the compensation of teachers
16 employed by the eligible school. Teacher benefits include all benefit
17 categories collected by the department for Form 9 purposes.
18 (b) If a school corporation determines that the school corporation
19 cannot comply with the requirement under subsection (a) for a
20 particular school year, the school corporation shall apply for a waiver
21 from the department.
22 (c) The waiver application must include an explanation of the
23 financial challenges, with detailed data, that preclude the school
24 corporation from meeting the requirement under subsection (a) and
25 describe the cost saving measures taken by the school corporation in
26 attempting to meet the requirement in subsection (a). The waiver may
27 also include an explanation of an innovative or efficient approach in
28 delivering instruction that is responsible for the school corporation
29 being unable to meet the requirement under subsection (a).
30 (d) If, after review, the department determines that the school
31 corporation has exhausted all reasonable efforts in attempting to meet
32 the requirement in subsection (a), the department may grant the school
33 corporation a one (1) year exception from the requirement.
34 (e) A school corporation that receives a waiver under this section
35 shall work with the department to develop a plan to identify additional
36 cost saving measures and any other steps that may be taken to allow
37 the school corporation to meet the requirement under subsection (a).
38 (f) A school corporation may not receive more than three (3)
39 waivers under this section.
40 (b) State tuition support distributed to a school corporation for
41 students enrolled in the school corporation who are receiving one
42 hundred percent (100%) virtual instruction from a teacher employed
ES 146—LS 7471/DI 143 9
1 by a third party provider with whom the school corporation has
2 contracted is not included as state tuition support distributed to the
3 school corporation for purposes of subsection (a).
4 (g) (c) For purposes of determining whether a school corporation
5 has complied with the requirement in subsection (a), distributions from
6 the curricular materials fund established by IC 20-40-22-5 that are
7 deposited in a school corporation's education fund in a state fiscal
8 year are not considered to be state tuition support distributed to the
9 school corporation during the state fiscal year.
10 (c) (h) (d) Before November 1, 2022, and before November 1 of
11 each year thereafter, the department shall submit a report to the
12 legislative council in an electronic format under IC 5-14-6 and the state
13 budget committee that contains information as to:
14 (1) the percent and amount that each school corporation expended
15 and the statewide total expended for teacher compensation;
16 (2) the percent and amount that each school corporation expended
17 and statewide total expended for teacher benefits, including
18 health, dental, life insurance, and pension benefits; and
19 (3) whether the school corporation met the requirement set forth
20 in subsection (a). and
21 (4) whether the school corporation received a waiver under
22 subsection (d).
23 (d) (e) The department shall publish the report described in
24 subsection (c) (d) on the department's website.
25 (e) (f) Beginning after June 30, 2024, for each state fiscal year that
26 a school corporation fails to expend the amount for teacher
27 compensation as required under subsection (a), the department shall
28 submit in both a written and an electronic format a notice to the school
29 corporation's:
30 (1) superintendent;
31 (2) school business officer; and
32 (3) governing body;
33 that the school corporation failed to meet the requirements set forth in
34 subsection (a) for the applicable state fiscal year.
35 (f) (g) If a school corporation's governing body receives a notice
36 from the department under subsection (e), (f), the school corporation
37 shall do the following:
38 (1) Publicly acknowledge receipt of the notice from the
39 department at the governing body's next public meeting.
40 (2) Enter into the governing body's official minutes for the
41 meeting described in subdivision (1) acknowledgment of the
42 notice.
ES 146—LS 7471/DI 143 10
1 (3) Not later than thirty (30) days after the meeting described in
2 subdivision (1), publish on the school corporation's website:
3 (A) the department's notice; and
4 (B) any relevant individual reports prepared by the
5 department.
6 (g) (h) If the department determines a school corporation that
7 received one (1) or more notices from the department under subsection
8 (e) (f) has met the expenditure requirements required under subsection
9 (a) for a subsequent state fiscal year, the school corporation may
10 remove from the school corporation's website any:
11 (1) notices the school corporation received under subsection (e);
12 (f); and
13 (2) relevant individual reports prepared by the department under
14 subsection (f)(3). (g)(3).
15 SECTION 7. IC 20-28-10-1, AS AMENDED BY P.L.233-2015,
16 SECTION 219, IS AMENDED TO READ AS FOLLOWS
17 [EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A school corporation may
18 grant a teacher a leave of absence not to exceed one (1) year for:
19 (1) a sabbatical;
20 (2) a disability leave; or
21 (3) a sick leave.
22 (b) The school corporation may grant consecutive leaves to a
23 teacher.
24 (c) Except as provided under IC 20-28-13, a school corporation
25 may grant partial compensation for a leave in an amount the school
26 corporation determines. However, if a teacher on a sabbatical serves an
27 employer that agrees to reimburse the school corporation in whole or
28 in part of the amount of the teacher's regular salary, the school
29 corporation may grant full or partial compensation.
30 (d) A teacher who is pregnant shall be granted a leave of absence for
31 the period provided in and subject to section 5 of this chapter.
32 (e) The teacher has the right to return to a teaching position for
33 which the teacher is certified or otherwise qualified under the rules of
34 the state board.
35 SECTION 8. IC 20-28-13 IS ADDED TO THE INDIANA CODE
36 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
37 JULY 1, 2025]:
38 Chapter 13. Paid New Parent and Childbirth Recovery Leave
39 for Teachers
40 Sec. 1. As used in this chapter, "stillbirth" means a birth after
41 twenty (20) weeks of gestation that is not a live birth.
42 Sec. 2. As used in this chapter, "teacher" has the meaning set
ES 146—LS 7471/DI 143 11
1 forth in IC 20-18-2-22(a).
2 Sec. 3. (a) Subject to section 6 of this chapter, a full-time teacher
3 employed by a school corporation or charter school shall be
4 granted not less than one hundred fifty (150) hours of paid new
5 parent leave upon any of the following events:
6 (1) The birth of the teacher's child.
7 (2) The birth of a child to the teacher's spouse.
8 (3) The placement of a child for adoption with the teacher.
9 (b) Subject to section 6 of this chapter, a part-time teacher
10 employed by a school corporation or charter school shall be
11 granted not less than seventy-five (75) hours of paid new parent
12 leave upon any of the following events:
13 (1) The birth of the teacher's child.
14 (2) The birth of a child to the teacher's spouse.
15 (3) The placement of a child for adoption with the teacher.
16 Sec. 4. (a) Subject to section 6 of this chapter, all full-time and
17 part-time teachers employed by a school corporation or charter
18 school, regardless of the duration of the teacher's employment,
19 shall be granted not less than:
20 (1) six (6) weeks of paid childbirth recovery leave beginning
21 on the date of the teacher's vaginal delivery; or
22 (2) eight (8) weeks of paid childbirth recovery leave beginning
23 on the date of the teacher's cesarean section delivery.
24 (b) Subject to section 6 of this chapter, the paid childbirth
25 recovery leave under subsection (a) also applies in the event of a
26 stillbirth of a full-time or part-time teacher's child.
27 Sec. 5. (a) A school corporation or charter school shall
28 compensate a teacher granted leave under this chapter at the
29 teacher's regular rate of pay for the regular work days during
30 which the teacher is absent from work.
31 (b) A leave of absence granted to a teacher under this chapter
32 is in addition to vacation days, sick days, personal days, and
33 compensatory time that the teacher accrues.
34 Sec. 6. A full-time or part-time teacher who:
35 (1) has been employed by a school corporation or charter
36 school for less than six (6) months; and
37 (2) takes paid leave under this chapter;
38 must agree to complete at least one (1) year of consecutive
39 employment with the school corporation or charter school as a
40 condition to taking the paid leave.
41 Sec. 7. (a) Paid new parent leave and paid childbirth recovery
42 leave granted under this chapter may run consecutively with each
ES 146—LS 7471/DI 143 12
1 other.
2 (b) If a teacher is eligible for leave under the federal Family
3 Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the paid leave
4 provided by this chapter runs concurrently with the amount of
5 leave available under the federal Family Medical Leave Act of 1993
6 (29 U.S.C. 2601 et seq.).
7 Sec. 8. Any paid new parent leave to which a teacher is entitled
8 under section 3 of this chapter that is not taken:
9 (1) within six (6) months after the birth of a child or
10 placement of a child for adoption with the teacher; or
11 (2) prior to the teacher's separation from employment with
12 the school corporation or charter school;
13 whichever is earlier, is forfeited.
14 Sec. 9. An employee's service shall be considered uninterrupted
15 by a leave of absence under this chapter for purposes of
16 determining the following:
17 (1) Seniority.
18 (2) Salary or salary advancement.
19 (3) Performance awards.
20 (4) The receipt of a benefit that may be affected by a leave of
21 absence.
22 SECTION 9. IC 20-38-4 IS ADDED TO THE INDIANA CODE AS
23 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
24 1, 2025]:
25 Chapter 4. Interstate Teacher Mobility Compact
26 Sec. 0.5. The following interstate teacher mobility compact
27 agreement is enacted into law and entered into by this state with all
28 other states legally joining the interstate agreement in substantially
29 the following form.
30 Sec. 1. Article I, purpose. The purpose of this compact is to
31 facilitate the mobility of teachers across the member states, with
32 the goal of supporting teachers through a new pathway to
33 licensure. Through this compact, the member states seek to
34 establish a collective regulatory framework that expedites and
35 enhances the ability of teachers to move across state lines. This
36 compact is intended to achieve the following objectives and should
37 be interpreted accordingly. The member states hereby ratify the
38 same intentions by subscribing to:
39 (1) Create a streamlined pathway to licensure mobility for
40 teachers.
41 (2) Support the relocation of eligible military spouses.
42 (3) Facilitate and enhance the exchange of licensure,
ES 146—LS 7471/DI 143 13
1 investigative, and disciplinary information between member
2 states.
3 (4) Enhance the power of state and district level education
4 officials to hire qualified, competent teachers by removing
5 barriers to the employment of out-of-state teachers.
6 (5) Support the retention of teachers in the profession by
7 removing barriers to relicensure in a new state.
8 (6) Maintain state sovereignty in the regulation of the
9 teaching profession.
10 Sec. 2. Article II, definitions. As used in this compact, and except
11 as otherwise provided, the following definitions shall govern the
12 terms herein:
13 (1) "Active military member" means any person with
14 full-time duty status in the armed forces of the United States,
15 including members of the National Guard and Reserve.
16 (2) "Adverse action" means any limitation or restriction
17 imposed by a member state's licensing authority, such as
18 revocation, suspension, reprimand, probation, or limitation on
19 the licensee's ability to work as a teacher.
20 (3) "Bylaws" means those bylaws established by the
21 commission.
22 (4) "Career and technical education license" means a current,
23 valid authorization issued by a member state's licensing
24 authority allowing an individual to serve as a teacher in P-12
25 public educational settings in a specific career and technical
26 education area.
27 (5) "Charter member states" means a member state that has
28 enacted legislation to adopt this compact where such
29 legislation predates the initial meeting of the commission after
30 the effective date of the compact.
31 (6) "Commission" means the interstate administrative body
32 which membership consists of delegates of all states that have
33 enacted this compact, and which is known as the interstate
34 teacher mobility compact commission.
35 (7) "Commissioner" means the delegate of a member state.
36 (8) "Eligible license" means a license to engage in the teaching
37 profession which requires at least a bachelor's degree and the
38 completion of a state approved program for teacher licensure.
39 (9) "Eligible military spouse" means the spouse of any
40 individual in full-time duty status in the active armed forces
41 of the United States including members of the National Guard
42 and Reserve moving as a result of a military mission or
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1 military career progression requirements or are on their
2 terminal move as a result of separation or retirement (to
3 include surviving spouses of deceased military members).
4 (10) "Executive committee" means a group of commissioners
5 elected or appointed to act on behalf of, and within the powers
6 granted to them by, the commission as provided for herein.
7 (11) "Licensing authority" means an official, agency, board,
8 or other entity of a state that is responsible for the licensing
9 and regulation of teachers authorized to teach in P-12 public
10 educational settings.
11 (12) "Member state" means any state that has adopted this
12 compact, including all agencies and officials of such a state.
13 (13) "Receiving state" means any state where a teacher has
14 applied for licensure under this compact.
15 (14) "Rule" means any regulation promulgated by the
16 commission under this compact, which shall have the force of
17 law in each member state.
18 (15) "State" means a state, territory, or possession of the
19 United States, and the District of Columbia.
20 (16) "State practice laws" means a member state's laws, rules,
21 and regulations that govern the teaching profession, define the
22 scope of such profession, and create the methods and grounds
23 for imposing discipline.
24 (17) "State specific requirements" means a requirement for
25 licensure covered in coursework or examination that includes
26 content of unique interest to the state.
27 (18) "Teacher" means an individual who currently holds an
28 authorization from a member state that forms the basis for
29 employment in the P-12 public schools of the state to provide
30 instruction in a specific subject area, grade level, or student
31 population.
32 (19) "Unencumbered license" means a current, valid
33 authorization issued by a member state's licensing authority
34 allowing an individual to serve as a teacher in P-12 public
35 educational settings. A unencumbered license is not a
36 restricted, probationary, provisional, substitute, or temporary
37 credential.
38 Sec. 3. Article III, licensure under the compact.
39 (1) Licensure under this compact pertains only to the initial
40 grant of a license by the receiving state. Nothing herein
41 applies to any subsequent or ongoing compliance
42 requirements that a receiving state might require for
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1 teachers.
2 (2) Each member state shall, in accordance with the rules of
3 the commission, define, compile, and update as necessary, a
4 list of eligible licenses and career and technical education
5 licenses that the member state is willing to consider for
6 equivalency under this compact and provide the list to the
7 commission. The list shall include those licenses that a
8 receiving state is willing to grant to teachers from other
9 member states, pending a determination of equivalency by the
10 receiving state's licensing authority.
11 (3) Upon the receipt of an application for licensure by a
12 teacher holding an unencumbered eligible license, the
13 receiving state shall determine which of the receiving state's
14 eligible licenses the teacher is qualified to hold and shall grant
15 such a license or licenses to the applicant. Such a
16 determination shall be made in the sole discretion of the
17 receiving state's licensing authority and may include a
18 determination that the applicant is not eligible for any of the
19 receiving state's eligible licenses. For all teachers who hold an
20 unencumbered license, the receiving state shall grant one (1)
21 or more unencumbered license(s) that, in the receiving state's
22 sole discretion, are equivalent to the license(s) held by the
23 teacher in any other member state.
24 (4) For active military members and eligible military spouses
25 who hold a license that is not unencumbered, the receiving
26 state shall grant an equivalent license or licenses that, in the
27 receiving state's sole discretion, is equivalent to the license or
28 licenses held by the teacher in any other member state, except
29 where the receiving state does not have an equivalent license.
30 (5) For a teacher holding an unencumbered career and
31 technical education license, the receiving state shall grant an
32 unencumbered license equivalent to the career and technical
33 education license held by the applying teacher and issued by
34 another member state, as determined by the receiving state in
35 its sole discretion, except where a career and technical
36 education teacher does not hold a bachelor's degree and the
37 receiving state requires a bachelor's degree for licenses to
38 teach career and technical education. A receiving state may
39 require career and technical education teachers to meet state
40 industry recognized requirements, if required by law in the
41 receiving state.
42 Sec. 4. Article IV, licensure not under the compact.
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1 (1) Except as provided in Article III above, nothing in this
2 compact shall be construed to limit or inhibit the power of a
3 member state to regulate licensure or endorsements overseen
4 by the member state's licensing authority.
5 (2) When a teacher is required to renew a license received
6 pursuant to this compact, the state granting such a license
7 may require the teacher to complete state specific
8 requirements as a condition of licensure renewal or
9 advancement in that state.
10 (3) For the purposes of determining compensation, a receiving
11 state may require additional information from teachers
12 receiving a license under the provisions of this compact.
13 (4) Nothing in this compact shall be construed to limit the
14 power of a member state to control and maintain ownership
15 of its information pertaining to teachers, or limit the
16 application of a member state's laws or regulations governing
17 the ownership, use, or dissemination of information
18 pertaining to teachers.
19 (5) Nothing in this compact shall be construed to invalidate or
20 alter any existing agreement or other cooperative
21 arrangement which a member state may already be a party
22 to, or limit the ability of a member state to participate in any
23 future agreement or other cooperative arrangement to:
24 (A) award teaching licenses or other benefits based on
25 additional professional credentials, including, but not
26 limited to national board certification;
27 (B) participate in the exchange of names of teachers whose
28 license has been subject to an adverse action by a member
29 state; or
30 (C) participate in any agreement or cooperative
31 arrangement with a non-member state.
32 Sec. 5. Article V, teacher qualifications and requirements for
33 licensure under the compact.
34 (1) Except as provided for active military members or eligible
35 military spouses in Article III above, a teacher may only be
36 eligible to receive a license under this compact where that
37 teacher holds an unencumbered license in a member state.
38 (2) A teacher eligible to receive a license under this compact
39 shall, unless otherwise provided for herein:
40 (A) upon their application to receive a license under this
41 compact, undergo a criminal background check in the
42 receiving state in accordance with the laws and regulations
ES 146—LS 7471/DI 143 17
1 of the receiving state; and
2 (B) provide the receiving state with information in addition
3 to the information required for licensure for the purposes
4 of determining compensation, if applicable.
5 Sec. 6. Article VI, discipline and adverse actions.
6 (1) Nothing in this compact shall be deemed or construed to
7 limit the authority of a member state to investigate or impose
8 disciplinary measures on teachers according to the state
9 practice laws thereof.
10 (2) Member states shall be authorized to receive, and shall
11 provide, files and information regarding the investigation and
12 discipline, if any, of teachers in other member states upon
13 request. Any member state receiving such information or files
14 shall protect and maintain the security and confidentiality
15 thereof, in at least the same manner that it maintains its own
16 investigatory or disciplinary files and information. Prior to
17 disclosing any disciplinary or investigatory information
18 received from another member state, the disclosing state shall
19 communicate its intention and purpose for such disclosure to
20 the member state which originally provided that information.
21 Sec. 7. (a) Article VII, establishment of the interstate teacher
22 mobility compact commission.
23 (1) The interstate compact member states hereby create and
24 establish a joint public agency known as the interstate teacher
25 mobility compact commission:
26 (A) The commission is a joint interstate governmental
27 agency comprised of states that have enacted the interstate
28 teacher mobility compact.
29 (B) Nothing in this interstate compact shall be construed to
30 be a waiver of sovereign immunity.
31 (b) Membership, voting, and meetings.
32 (1) Each member state shall have and be limited to one (1)
33 delegate to the commission, who shall be given the title of
34 commissioner.
35 (2) The commissioner shall be the primary administrative
36 officer of the state licensing authority or their designee.
37 (3) Any commissioner may be removed or suspended from
38 office as provided by the law of the state from which the
39 commissioner is appointed.
40 (4) The member state shall fill any vacancy occurring in the
41 commission within ninety (90) days.
42 (5) Each commissioner shall be entitled to one (1) vote about
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1 the promulgation of rules and creation of bylaws and shall
2 otherwise have an opportunity to participate in the business
3 and affairs of the commission. A commissioner shall vote in
4 person or by such other means as provided in the bylaws. The
5 bylaws may provide for commissioners' participation in
6 meetings by telephone or other means of communication.
7 (6) The commission shall meet at least once during each
8 calendar year. Additional meetings shall be held as set forth
9 in the bylaws.
10 (7) The commission shall establish by rule a term of office for
11 commissioners.
12 (c) The commission shall have the following powers and duties:
13 (1) Establish the code of ethics for the commission.
14 (2) Establish the fiscal year of the commission.
15 (3) Establish bylaws for the commission.
16 (4) Maintain its financial records in accordance with the
17 bylaws of the commission.
18 (5) Meet and take such actions as are consistent with the
19 provisions of this interstate compact, the bylaws, and rules of
20 the commission.
21 (6) Promulgate uniform rules to implement and administer
22 this interstate compact. The rules shall have the force and
23 effect of law and shall be binding in all member states. In the
24 event the commission exercises its rulemaking authority in a
25 manner that is beyond the scope of the purposes of the
26 compact, or the powers granted hereunder, then such an
27 action by the commission shall be invalid and have no force
28 and effect of law.
29 (7) Bring and prosecute legal proceedings or actions in the
30 name of the commission, provided that the standing of any
31 member state licensing authority to sue or be sued under
32 applicable law shall not be affected.
33 (8) Purchase and maintain insurance and bonds.
34 (9) Borrow, accept, or contract for services of personnel,
35 including, but not limited to, employees of a member state, or
36 an associated nongovernmental organization that is open to
37 membership by all states.
38 (10) Hire employees, elect or appoint officers, fix
39 compensation, define duties, grant such individuals
40 appropriate authority to carry out the purposes of the
41 compact, and establish the commission's personnel policies
42 and programs relating to conflicts of interest, qualifications
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1 of personnel, and other related personnel matters.
2 (11) Lease, purchase, accept appropriate gifts or donations of,
3 or otherwise own, hold, improve, or use, any property, real,
4 personal, or mixed, provided that at all times the commission
5 shall avoid any appearance of impropriety.
6 (12) Sell, convey, mortgage, pledge, lease, exchange, abandon,
7 or otherwise dispose of any property real, personal, or mixed.
8 (13) Establish a budget and make expenditures.
9 (14) Borrow money.
10 (15) Appoint committees, including standing committees
11 composed of members and such other interested persons as
12 may be designated in this interstate compact, rules, or bylaws.
13 (16) Provide and receive information from, and cooperate
14 with, law enforcement agencies.
15 (17) Establish and elect an executive committee.
16 (18) Establish and develop a charter for an executive
17 information governance committee to advise on facilitating
18 exchange of information; use of information, data privacy,
19 and technical support needs, and provide reports as needed.
20 (19) Perform such other functions as may be necessary or
21 appropriate to achieve the purposes of this interstate compact
22 consistent with the state regulation of teacher licensure.
23 (20) Determine whether a state's adopted language is
24 materially different from the model compact language such
25 that the state would not qualify for participation in the
26 compact.
27 (d) The executive committee of the interstate teacher mobility
28 compact commission.
29 (1) The executive committee shall have the power to act on
30 behalf of the commission according to the terms of this
31 interstate compact.
32 (2) The executive committee shall be composed of the
33 following eight (8) voting members:
34 (A) The commission chair, vice chair, and treasurer; and
35 (B) Five (5) members who are elected by the commission
36 from the current membership as follows:
37 (i) four (4) voting members representing geographic
38 regions in accordance with commission rules; and
39 (ii) one (1) at large voting member in accordance with
40 commission rules.
41 (3) The commission may add or remove members of the
42 executive committee as provided in commission rules.
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1 (4) The executive committee shall meet at least once annually.
2 (5) The executive committee shall have the following duties
3 and responsibilities:
4 (A) Recommend to the entire commission changes to the
5 rules or bylaws, changes to the compact legislation, fees
6 paid by interstate compact member states such as annual
7 dues, and any compact fee charged by the member states
8 on behalf of the commission.
9 (B) Ensure commission administration services are
10 appropriately provided, contractual or otherwise.
11 (C) Prepare and recommend the budget.
12 (D) Maintain financial records on behalf of the
13 commission.
14 (E) Monitor compliance of member states and provide
15 reports to the commission.
16 (F) Perform other duties as provided in rules or bylaws.
17 (6) Meetings of the commission.
18 (A) All meetings shall be open to the public, and public
19 notice of meetings shall be given in accordance with
20 commission bylaws.
21 (B) The commission or the executive committee or other
22 committees of the commission may convene in a closed,
23 non-public meeting if the commission or executive
24 committee or other committees of the commission must
25 discuss:
26 (i) non-compliance of a member state with its obligations
27 under the compact;
28 (ii) the employment, compensation, discipline or other
29 matters, practices or procedures related to specific
30 employees, or other matters related to the commission's
31 internal personnel practices and procedures;
32 (iii) current, threatened, or reasonably anticipated
33 litigation;
34 (iv) negotiation of contracts for the purchase, lease, or
35 sale of goods, services, or real estate;
36 (v) accusing any person of a crime or formally censuring
37 any person;
38 (vi) disclosure of trade secrets or commercial or financial
39 information that is privileged or confidential;
40 (vii) disclosure of information of a personal nature
41 where disclosure would constitute a clearly unwarranted
42 invasion of personal privacy;
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1 (viii) disclosure of investigative records compiled for law
2 enforcement purposes;
3 (ix) disclosure of information related to any investigative
4 reports prepared by or on behalf of or for use of the
5 commission or other committee charged with
6 responsibility of investigation or determination of
7 compliance issues pursuant to the compact;
8 (x) matters specifically exempted from disclosure by
9 federal or member state statute; or
10 (xi) others matters as set forth by commission bylaws
11 and rules.
12 (C) If a meeting, or portion of a meeting, is closed pursuant
13 to this provision, the commission's legal counsel or
14 designee shall certify that the meeting may be closed and
15 shall reference each relevant exempting provision.
16 (D) The commission shall keep minutes of commission
17 meetings and shall provide a full and accurate summary of
18 actions taken, and the reasons therefore, including a
19 description of the views expressed. All documents
20 considered in connection with an action shall be identified
21 in such minutes. All minutes and documents of a closed
22 meeting shall remain under seal, subject to release by a
23 majority vote of the commission or order of a court of
24 competent jurisdiction.
25 (7) Financing of the commission.
26 (A) The commission shall pay, or provide for the payment
27 of, the reasonable expenses of its establishment,
28 organization, and ongoing activities.
29 (B) The commission may accept all appropriate donations
30 and grants of money, equipment, supplies, materials, and
31 services, and receive, utilize, and dispose of the same,
32 provided that at all times the commission shall avoid any
33 appearance of impropriety or conflict of interest.
34 (C) The commission may levy on and collect an annual
35 assessment from each member state or impose fees on
36 other parties to cover the cost of the operations and
37 activities of the commission, in accordance with the
38 commission rules.
39 (D) The commission shall not incur obligations of any kind
40 prior to securing the funds adequate to meet the same; nor
41 shall the commission pledge the credit of any of the
42 member states, except by and with the authority of the
ES 146—LS 7471/DI 143 22
1 member state.
2 (E) The commission shall keep accurate accounts of all
3 receipts and disbursements. The receipts and
4 disbursements of the commission shall be subject to
5 accounting procedures established under commission
6 bylaws. All receipts and disbursements of funds of the
7 commission shall be reviewed annually in accordance with
8 commission bylaws, and a report of the review shall be
9 included in and become part of the annual report of the
10 commission.
11 (8) Qualified immunity, defense, and indemnification.
12 (A) The members, officers, executive director, employees,
13 and representatives of the commission shall be immune
14 from suit and liability, either personally or in their official
15 capacity, for any claim for damage to or loss of property or
16 personal injury or other civil liability caused by or arising
17 out of any actual or alleged act, error, or omission that
18 occurred, or that the person against whom the claim is
19 made had a reasonable basis for believing occurred within
20 the scope of commission employment, duties, or
21 responsibilities; provided that nothing in this paragraph
22 shall be construed to protect any such person from suit or
23 liability for any damage, loss, injury, or liability caused by
24 the intentional or willful or wanton misconduct of that
25 person.
26 (B) The commission shall defend any member, officer,
27 executive director, employee, or representative of the
28 commission in any civil action seeking to impose liability
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 the person against whom
32 the claim is made had a reasonable basis for believing
33 occurred within the scope of commission employment,
34 duties, or responsibilities; provided that nothing herein
35 shall be construed to prohibit that person from retaining
36 his or her own counsel; and provided further, that the
37 actual or alleged act, error, or omission did not result from
38 that person's intentional or willful or wanton misconduct.
39 (C) The commission shall indemnify and hold harmless any
40 member, officer, executive director, employee, or
41 representative of the commission for the amount of any
42 settlement or judgment obtained against that person
ES 146—LS 7471/DI 143 23
1 arising out of any actual or alleged act, error, or omission
2 that occurred within the scope of commission employment,
3 duties, or responsibilities, or that such person had a
4 reasonable basis for believing occurred within the scope of
5 commission employment, duties, or responsibilities,
6 provided that the actual or alleged act, error, or omission
7 did not result from the intentional or willful or wanton
8 misconduct of that person.
9 Sec. 8. Article VIII, rulemaking.
10 (1) The commission shall exercise its rulemaking powers
11 pursuant to the criteria set forth in this interstate compact
12 and the rules adopted thereunder. Rules and amendments
13 shall become binding as of the date specified in each rule or
14 amendment.
15 (2) The commission shall promulgate reasonable rules to
16 achieve the intent and purpose of this interstate compact. In
17 the event the commission exercises its rulemaking authority
18 in a manner that is beyond purpose and intent of this
19 interstate compact, or the powers granted hereunder, then
20 such an action by the commission shall be invalid and have no
21 force and effect of law in the member states.
22 (3) If a majority of the legislatures of the member states
23 rejects a rule, by enactment of a statute or resolution in the
24 same manner used to adopt the compact within four (4) years
25 of the date of adoption of the rule, then such rule shall have no
26 further force and effect in any member state.
27 (4) Rules or amendments to the rules shall be adopted or
28 ratified at a regular or special meeting of the commission in
29 accordance with commission rules and bylaws.
30 (5) Upon determination that an emergency exists, the
31 commission may consider and adopt an emergency rule with
32 forty-eight (48) hours' notice, with opportunity to comment,
33 provided that the usual rulemaking procedures shall be
34 retroactively applied to the rule as soon as reasonably
35 possible, in no event later than ninety (90) days after the
36 effective date of the rule. For the purposes of this provision,
37 an emergency rule is one that must be adopted immediately in
38 order to do the following:
39 (A) Meet an imminent threat to public health, safety, or
40 welfare.
41 (B) Prevent a loss of commission or member state funds.
42 (C) Meet a deadline for the promulgation of an
ES 146—LS 7471/DI 143 24
1 administrative rule that is established by federal law or
2 rule.
3 (D) Protect public health and safety.
4 Sec. 9. Article IX, facilitating information exchange.
5 (1) The commission shall provide for facilitating the exchange
6 of information to administer and implement the provisions of
7 this compact in accordance with the rules of the commission,
8 consistent with generally accepted data protection principles.
9 (2) Nothing in this compact shall be deemed or construed to
10 alter, limit, or inhibit the power of a member state to control
11 and maintain ownership of its licensee information or alter,
12 limit, or inhibit the laws or regulations governing licensee
13 information in the member state.
14 Sec. 10. Article X, oversight, dispute resolution, and
15 enforcement.
16 (1) Oversight.
17 (A) The executive and judicial branches of state
18 government in each member state shall enforce this
19 compact and take all actions necessary and appropriate to
20 effectuate the compact's purposes and intent. The
21 provisions of this compact shall have standing as statutory
22 law.
23 (B) Venue is proper and judicial proceedings by or against
24 the commission shall be brought solely and exclusively in
25 a court of competent jurisdiction where the principal office
26 of the commission is located. The commission may waive
27 venue and jurisdictional defenses to the extent it adopts or
28 consents to participate in alternative dispute resolution
29 proceedings. Nothing herein shall affect or limit the
30 selection or propriety of venue in any action against a
31 licensee for professional malpractice, misconduct or any
32 such similar matter.
33 (C) All courts and all administrative agencies shall take
34 judicial notice of the compact, the rules of the commission,
35 and any information provided to a member state pursuant
36 thereto in any judicial or quasi-judicial proceeding in a
37 member state pertaining to the subject matter of this
38 compact, or which may affect the powers, responsibilities,
39 or actions of the commission.
40 (D) The commission shall be entitled to receive service of
41 process in any proceeding regarding the enforcement or
42 interpretation of the compact and shall have standing to
ES 146—LS 7471/DI 143 25
1 intervene in such a proceeding for all purposes. Failure to
2 provide the commission service of process shall render a
3 judgment or order void as to the commission, this compact,
4 or promulgated rules.
5 (2) Default, technical assistance, and termination.
6 (A) If the commission determines that a member state has
7 defaulted in the performance of its obligations or
8 responsibilities under this compact or the promulgated
9 rules, the commission shall:
10 (i) provide written notice to the defaulting state and
11 other member states of the nature of the default, the
12 proposed means of curing the default or any other action
13 to be taken by the commission; and
14 (ii) provide remedial training and specific technical
15 assistance regarding the default.
16 (3) If a state in default fails to cure the default, the defaulting
17 state may be terminated from the compact upon an
18 affirmative vote of a majority of the commissioners of the
19 member states, and all rights, privileges, and benefits
20 conferred on that state by this compact may be terminated on
21 the effective date of termination. A cure of the default does
22 not relieve the offending state of obligations or liabilities
23 incurred during the period of default.
24 (4) Termination of membership in the compact shall be
25 imposed only after all other means of securing compliance
26 have been exhausted. Notice of intent to suspend or terminate
27 shall be given by the commission to the governor, the majority
28 and minority leaders of the defaulting state's legislature, the
29 state licensing authority and each of the member states.
30 (5) A state that has been terminated is responsible for all
31 assessments, obligations, and liabilities incurred through the
32 effective date of termination, including obligations that extend
33 beyond the effective date of termination.
34 (6) The commission shall not bear any costs related to a state
35 that is found to be in default or that has been terminated from
36 the compact, unless agreed upon in writing between the
37 commission and the defaulting state.
38 (7) The defaulting state may appeal the action of the
39 commission by petitioning the United States District Court for
40 the District of Columbia or the federal district where the
41 commission has its principal offices. The prevailing party
42 shall be awarded all costs of such litigation, including
ES 146—LS 7471/DI 143 26
1 reasonable attorney's fees.
2 (8) Dispute resolution.
3 (A) Upon request by a member state, the commission shall
4 attempt to resolve disputes related to the compact that
5 arise among member states and between member and
6 non-member states.
7 (B) The commission shall promulgate a rule providing for
8 both binding and nonbinding alternative dispute resolution
9 for disputes as appropriate.
10 (9) Enforcement.
11 (A) The commission, in the reasonable exercise of its
12 discretion, shall enforce the provisions and rules of this
13 compact.
14 (B) By majority vote, the commission may initiate legal
15 action in the United States District Court for the District of
16 Columbia or the federal district where the commission has
17 its principal offices against a member state in default to
18 enforce compliance with the provisions of the compact and
19 its promulgated rules and bylaws. The relief sought may
20 include both injunctive relief and damages. In the event
21 judicial enforcement is necessary, the prevailing party
22 shall be awarded all costs of such litigation, including
23 reasonable attorney's fees. The remedies herein shall not
24 be the exclusive remedies of the commission. The
25 commission may pursue any other remedies available
26 under federal or state law.
27 Sec. 11. Article XI, effectuation, withdrawal, and amendment.
28 (1) The compact shall come into effect on the date on which
29 the compact statute is enacted into law in the tenth member
30 state.
31 (A) On or after the effective date of the compact, the
32 commission shall convene and review the enactment of
33 each of the charter member states to determine if the
34 statute enacted by each such charter member state is
35 materially different from the model compact statute.
36 (B) A charter member state whose enactment is found to
37 be materially different from the model compact statute
38 shall be entitled to the default process set forth in Article
39 X.
40 (C) Member states enacting the compact subsequent to the
41 charter member states shall be subject to the process set
42 forth in Article VII, section 7(c)(20) of this chapter to
ES 146—LS 7471/DI 143 27
1 determine if their enactments are materially different from
2 the model compact statute and whether they qualify for
3 participation in the compact.
4 (2) If any member state is later found to be in default, or is
5 terminated or withdraws from the compact, the commission
6 shall remain in existence and the compact shall remain in
7 effect even if the number of member states should be less than
8 ten (10).
9 (3) Any state that joins the compact after the commission's
10 initial adoption of the rules and bylaws shall be subject to the
11 rules and bylaws as they exist on the date on which the
12 compact becomes law in that state. Any rule that has been
13 previously adopted by the commission shall have the full force
14 and effect of law on the day the compact becomes law in that
15 state, as the rules and bylaws may be amended as provided in
16 this compact.
17 (4) Any member state may withdraw from this compact by
18 enacting a statute repealing the same.
19 (A) A member state's withdrawal shall not take effect until
20 six (6) months after enactment of the repealing statute.
21 (B) Withdrawal shall not affect the continuing requirement
22 of the withdrawing state's licensing authority to comply
23 with the investigative and adverse action reporting
24 requirements of this act prior to the effective date of
25 withdrawal.
26 (5) This compact may be amended by the member states. No
27 amendment to this compact shall become effective and
28 binding upon any member state until it is enacted into the
29 laws of all member states.
30 Sec. 12. Article XII, construction and severability.
31 (1) This compact shall be liberally construed to effectuate the
32 purposes thereof. The provisions of this compact shall be
33 severable and if any phrase, clause, sentence, or provision of
34 this compact is declared to be contrary to the constitution of
35 any member state or a state seeking membership in the
36 compact, or of the United States or the applicability thereof to
37 any other government, agency, person, or circumstance is
38 held invalid, the validity of the remainder of this compact and
39 the applicability thereof to any government, agency, person,
40 or circumstance shall not be affected thereby. If this compact
41 shall be held contrary to the constitution of any member state,
42 the compact shall remain in full force and effect as to the
ES 146—LS 7471/DI 143 28
1 remaining member states and in full force and effect as to the
2 member state affected as to all severable matters.
3 Sec. 13. Article XIII, consistent effect and conflict with other
4 state laws.
5 (1) Nothing herein shall prevent or inhibit the enforcement of
6 any other law of a member state that is not inconsistent with
7 the compact.
8 (2) Any laws, statutes, regulations, or other legal
9 requirements in a member state in conflict with the compact
10 are superseded to the extent of the conflict.
11 (3) All permissible agreements between the commission and
12 the member states are binding in accordance with their terms.
13 Sec. 14. (a) The secretary of education, or a person authorized
14 to act on behalf of the secretary of education, is the education
15 official selected by this state to negotiate and enter into, on behalf
16 of this state, contracts under the interstate agreement set forth in
17 section 1 of this chapter.
18 (b) The designated education official, acting jointly with similar
19 officers of other party states, may adopt rules to carry out more
20 effectively the terms of the interstate agreement.
21 (c) The designated education official is authorized, empowered,
22 and directed to cooperate with all departments, agencies, and
23 officers of state government and its subdivisions in facilitating the
24 proper administration of the following:
25 (1) The interstate agreement.
26 (2) A supplementary agreement entered into by this state
27 under the interstate agreement.
28 SECTION 10. IC 34-30-2.1-287.2 IS ADDED TO THE INDIANA
29 CODE AS A NEW SECTION TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 287.2. IC 20-38-4-7 (Concerning
31 members, officers, the executive director, employees, and
32 representatives of the interstate teacher mobility compact
33 commission).
ES 146—LS 7471/DI 143 29
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.
ES 146—LS 7471/DI 143 30
(Reference is to SB 146 as introduced.)
RAATZ, Chairperson
Committee Vote: Yeas 11, Nays 0.
_____
COMMITTEE REPORT
Mr. President: The Senate Committee on Appropriations, 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:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
education and to make an appropriation.
Page 2, between lines 36 and 37, begin a new paragraph and insert:
"(d) Money in the fund is continuously appropriated for the
purposes of the fund.".
Page 2, between lines 41 and 42, begin a new paragraph and insert:
"Sec. 6. This chapter expires June 30, 2027.".
Page 2, delete line 42.
Delete page 3.
Page 4, delete lines 1 through 8.
Page 7, delete lines 30 through 42.
Delete page 8.
Page 9, delete lines 1 through 3.
Page 11, delete lines 27 through 42.
Delete pages 12 through 31.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 146 as printed January 24, 2025.)
MISHLER, Chairperson
Committee Vote: Yeas 13, Nays 0.
ES 146—LS 7471/DI 143 31
COMMITTEE REPORT
Mr. Speaker: Your Committee on Education, to which was referred
Senate Bill 146, 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, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 20-18-2-22, AS AMENDED BY P.L.246-2023,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 22. (a) "Teacher" means a professional person
whose position in a school corporation requires certain educational
preparation and licensing and whose primary responsibility is the
instruction of students.
(b) Except as provided in subsections (d) and (e), for purposes of
IC 20-28 other than IC 20-28-13, the term includes the following:
(1) A superintendent who holds a license under IC 20-28-5.
(2) A principal.
(3) A teacher.
(4) A librarian.
(5) A school counselor.
(6) A school psychologist.
(c) For purposes of IC 20-43-10-3.5, the term means a professional
person whose position with a:
(1) school corporation;
(2) special education cooperative established under IC 20-35-5;
(3) cooperative career and technical education program;
(4) special education program established by an interlocal
agreement under IC 36-1-7;
(5) joint program agreement established under IC 20-26-10; or
(6) charter school;
requires a license (as defined in IC 20-28-1-7) and whose primary
responsibility is the instruction of students in the classroom or virtual
classroom.
(d) "Teacher", for purposes of IC 20-28-9-26 and IC 20-28-9-27,
means a classroom teacher licensed under IC 20-28-5 who provides
instruction to students for at least fifty percent (50%) of the teacher's
work day.
(e) For purposes of IC 20-28-9-28, the term includes an adjunct
teacher, school counselor, and permanent substitute teacher employed
by a school corporation.".
ES 146—LS 7471/DI 143 32
Page 2, line 11, delete "IC 20-20-50" and insert "IC 20-20-51".
Page 2, line 14, delete "50." and insert "51.".
Page 2, between lines 36 and 37, begin a new paragraph and insert:
"(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.".
Page 2, line 37, delete "(d)" and insert "(e)".
Page 6, delete lines 9 through 23, begin a new paragraph and insert:
"SECTION 5. IC 20-28-9-26, AS ADDED BY P.L.165-2021,
SECTION 154, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 26. (a) For each school year
beginning after June 30, 2022, June 30, 2025, if a school corporation
determines that the school corporation cannot establish a minimum
salary of forty forty-five thousand dollars ($40,000) ($45,000) for each
full-time teacher, the school corporation and the department shall
submit a report to the department explaining the school corporation's
inability to meet the minimum threshold requirement.
(b) A report submitted under this section must include an
explanation of the financial challenges, with detailed data, that
preclude the school corporation from meeting the minimum salary
threshold required under subsection (a). The report must also describe
the cost saving measures taken by the school corporation in attempting
to meet the minimum salary threshold required under subsection (a).
must comply with the requirements of subsections (b) through (d).
(b) For each state fiscal year that a school corporation fails to
meet the minimum salary requirements for full-time teachers
under subsection (a), the department shall submit in both a written
and an electronic format a notice to the school corporation's:
(1) superintendent;
(2) school business officer; and
(3) governing body;
that the school corporation failed to meet the requirements set
forth in subsection (a) for the applicable state fiscal year.
(c) If a school corporation's governing body receives a notice
from the department under subsection (b), the school corporation
shall do the following:
(1) Publicly acknowledge receipt of the notice from the
department at the governing body's next public meeting.
(2) Enter into the governing body's official minutes for the
meeting described in subdivision (1) acknowledgment of the
notice.
(3) Not later than thirty (30) days after the meeting described
in subdivision (1), publish on the school corporation's website:
ES 146—LS 7471/DI 143 33
(A) the department's notice; and
(B) any relevant individual reports prepared by the
department.
(d) If the department determines a school corporation that
received one (1) or more notices from the department under
subsection (b) has met the minimum salary requirements required
under subsection (a) for a subsequent state fiscal year, the school
corporation may remove from the school corporation's website
any:
(1) notices the school corporation received under subsection
(b); and
(2) relevant individual reports prepared by the department
under subsection (c)(3).".
Page 9, after line 4, begin a new paragraph and insert:
"SECTION 7. IC 20-28-10-1, AS AMENDED BY P.L.233-2015,
SECTION 219, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) A school corporation may
grant a teacher a leave of absence not to exceed one (1) year for:
(1) a sabbatical;
(2) a disability leave; or
(3) a sick leave.
(b) The school corporation may grant consecutive leaves to a
teacher.
(c) Except as provided under IC 20-28-13, a school corporation
may grant partial compensation for a leave in an amount the school
corporation determines. However, if a teacher on a sabbatical serves an
employer that agrees to reimburse the school corporation in whole or
in part of the amount of the teacher's regular salary, the school
corporation may grant full or partial compensation.
(d) A teacher who is pregnant shall be granted a leave of absence for
the period provided in and subject to section 5 of this chapter.
(e) The teacher has the right to return to a teaching position for
which the teacher is certified or otherwise qualified under the rules of
the state board.
SECTION 8. IC 20-28-13 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 13. Paid New Parent and Childbirth Recovery Leave
for Teachers
Sec. 1. As used in this chapter, "stillbirth" means a birth after
twenty (20) weeks of gestation that is not a live birth.
Sec. 2. As used in this chapter, "teacher" has the meaning set
ES 146—LS 7471/DI 143 34
forth in IC 20-18-2-22(a).
Sec. 3. (a) Subject to section 6 of this chapter, a full-time teacher
employed by a school corporation or charter school shall be
granted not less than one hundred fifty (150) hours of paid new
parent leave upon any of the following events:
(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.
(b) Subject to section 6 of this chapter, a part-time teacher
employed by a school corporation or charter school shall be
granted not less than seventy-five (75) hours of paid new parent
leave upon any of the following events:
(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.
Sec. 4. (a) Subject to section 6 of this chapter, all full-time and
part-time teachers employed by a school corporation or charter
school, regardless of the duration of the teacher's employment,
shall be granted not less than:
(1) six (6) weeks of paid childbirth recovery leave beginning
on the date of the teacher's vaginal delivery; or
(2) eight (8) weeks of paid childbirth recovery leave beginning
on the date of the teacher's cesarean section delivery.
(b) Subject to section 6 of this chapter, the paid childbirth
recovery leave under subsection (a) also applies in the event of a
stillbirth of a full-time or part-time teacher's child.
Sec. 5. (a) A school corporation or charter school shall
compensate a teacher granted leave under this chapter at the
teacher's regular rate of pay for the regular work days during
which the teacher is absent from work.
(b) A leave of absence granted to a teacher under this chapter
is in addition to vacation days, sick days, personal days, and
compensatory time that the teacher accrues.
Sec. 6. A full-time or part-time teacher who:
(1) has been employed by a school corporation or charter
school for less than six (6) months; and
(2) takes paid leave under this chapter;
must agree to complete at least one (1) year of consecutive
employment with the school corporation or charter school as a
condition to taking the paid leave.
Sec. 7. (a) Paid new parent leave and paid childbirth recovery
leave granted under this chapter may run consecutively with each
ES 146—LS 7471/DI 143 35
other.
(b) If a teacher is eligible for leave under the federal Family
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), the paid leave
provided by this chapter runs concurrently with the amount of
leave available under the federal Family Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.).
Sec. 8. Any paid new parent leave to which a teacher is entitled
under section 3 of this chapter that is not taken:
(1) within six (6) months after the birth of a child or
placement of a child for adoption with the teacher; or
(2) prior to the teacher's separation from employment with
the school corporation or charter school;
whichever is earlier, is forfeited.
Sec. 9. An employee's service shall be considered uninterrupted
by a leave of absence under this chapter for purposes of
determining the following:
(1) Seniority.
(2) Salary or salary advancement.
(3) Performance awards.
(4) The receipt of a benefit that may be affected by a leave of
absence.
SECTION 9. IC 20-38-4 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]:
Chapter 4. Interstate Teacher Mobility Compact
Sec. 0.5. The following interstate teacher mobility compact
agreement is enacted into law and entered into by this state with all
other states legally joining the interstate agreement in substantially
the following form.
Sec. 1. Article I, purpose. The purpose of this compact is to
facilitate the mobility of teachers across the member states, with
the goal of supporting teachers through a new pathway to
licensure. Through this compact, the member states seek to
establish a collective regulatory framework that expedites and
enhances the ability of teachers to move across state lines. This
compact is intended to achieve the following objectives and should
be interpreted accordingly. The member states hereby ratify the
same intentions by subscribing to:
(1) Create a streamlined pathway to licensure mobility for
teachers.
(2) Support the relocation of eligible military spouses.
(3) Facilitate and enhance the exchange of licensure,
ES 146—LS 7471/DI 143 36
investigative, and disciplinary information between member
states.
(4) Enhance the power of state and district level education
officials to hire qualified, competent teachers by removing
barriers to the employment of out-of-state teachers.
(5) Support the retention of teachers in the profession by
removing barriers to relicensure in a new state.
(6) Maintain state sovereignty in the regulation of the
teaching profession.
Sec. 2. Article II, definitions. As used in this compact, and except
as otherwise provided, the following definitions shall govern the
terms herein:
(1) "Active military member" means any person with
full-time duty status in the armed forces of the United States,
including members of the National Guard and Reserve.
(2) "Adverse action" means any limitation or restriction
imposed by a member state's licensing authority, such as
revocation, suspension, reprimand, probation, or limitation on
the licensee's ability to work as a teacher.
(3) "Bylaws" means those bylaws established by the
commission.
(4) "Career and technical education license" means a current,
valid authorization issued by a member state's licensing
authority allowing an individual to serve as a teacher in P-12
public educational settings in a specific career and technical
education area.
(5) "Charter member states" means a member state that has
enacted legislation to adopt this compact where such
legislation predates the initial meeting of the commission after
the effective date of the compact.
(6) "Commission" means the interstate administrative body
which membership consists of delegates of all states that have
enacted this compact, and which is known as the interstate
teacher mobility compact commission.
(7) "Commissioner" means the delegate of a member state.
(8) "Eligible license" means a license to engage in the teaching
profession which requires at least a bachelor's degree and the
completion of a state approved program for teacher licensure.
(9) "Eligible military spouse" means the spouse of any
individual in full-time duty status in the active armed forces
of the United States including members of the National Guard
and Reserve moving as a result of a military mission or
ES 146—LS 7471/DI 143 37
military career progression requirements or are on their
terminal move as a result of separation or retirement (to
include surviving spouses of deceased military members).
(10) "Executive committee" means a group of commissioners
elected or appointed to act on behalf of, and within the powers
granted to them by, the commission as provided for herein.
(11) "Licensing authority" means an official, agency, board,
or other entity of a state that is responsible for the licensing
and regulation of teachers authorized to teach in P-12 public
educational settings.
(12) "Member state" means any state that has adopted this
compact, including all agencies and officials of such a state.
(13) "Receiving state" means any state where a teacher has
applied for licensure under this compact.
(14) "Rule" means any regulation promulgated by the
commission under this compact, which shall have the force of
law in each member state.
(15) "State" means a state, territory, or possession of the
United States, and the District of Columbia.
(16) "State practice laws" means a member state's laws, rules,
and regulations that govern the teaching profession, define the
scope of such profession, and create the methods and grounds
for imposing discipline.
(17) "State specific requirements" means a requirement for
licensure covered in coursework or examination that includes
content of unique interest to the state.
(18) "Teacher" means an individual who currently holds an
authorization from a member state that forms the basis for
employment in the P-12 public schools of the state to provide
instruction in a specific subject area, grade level, or student
population.
(19) "Unencumbered license" means a current, valid
authorization issued by a member state's licensing authority
allowing an individual to serve as a teacher in P-12 public
educational settings. A unencumbered license is not a
restricted, probationary, provisional, substitute, or temporary
credential.
Sec. 3. Article III, licensure under the compact.
(1) Licensure under this compact pertains only to the initial
grant of a license by the receiving state. Nothing herein
applies to any subsequent or ongoing compliance
requirements that a receiving state might require for
ES 146—LS 7471/DI 143 38
teachers.
(2) Each member state shall, in accordance with the rules of
the commission, define, compile, and update as necessary, a
list of eligible licenses and career and technical education
licenses that the member state is willing to consider for
equivalency under this compact and provide the list to the
commission. The list shall include those licenses that a
receiving state is willing to grant to teachers from other
member states, pending a determination of equivalency by the
receiving state's licensing authority.
(3) Upon the receipt of an application for licensure by a
teacher holding an unencumbered eligible license, the
receiving state shall determine which of the receiving state's
eligible licenses the teacher is qualified to hold and shall grant
such a license or licenses to the applicant. Such a
determination shall be made in the sole discretion of the
receiving state's licensing authority and may include a
determination that the applicant is not eligible for any of the
receiving state's eligible licenses. For all teachers who hold an
unencumbered license, the receiving state shall grant one (1)
or more unencumbered license(s) that, in the receiving state's
sole discretion, are equivalent to the license(s) held by the
teacher in any other member state.
(4) For active military members and eligible military spouses
who hold a license that is not unencumbered, the receiving
state shall grant an equivalent license or licenses that, in the
receiving state's sole discretion, is equivalent to the license or
licenses held by the teacher in any other member state, except
where the receiving state does not have an equivalent license.
(5) For a teacher holding an unencumbered career and
technical education license, the receiving state shall grant an
unencumbered license equivalent to the career and technical
education license held by the applying teacher and issued by
another member state, as determined by the receiving state in
its sole discretion, except where a career and technical
education teacher does not hold a bachelor's degree and the
receiving state requires a bachelor's degree for licenses to
teach career and technical education. A receiving state may
require career and technical education teachers to meet state
industry recognized requirements, if required by law in the
receiving state.
Sec. 4. Article IV, licensure not under the compact.
ES 146—LS 7471/DI 143 39
(1) Except as provided in Article III above, nothing in this
compact shall be construed to limit or inhibit the power of a
member state to regulate licensure or endorsements overseen
by the member state's licensing authority.
(2) When a teacher is required to renew a license received
pursuant to this compact, the state granting such a license
may require the teacher to complete state specific
requirements as a condition of licensure renewal or
advancement in that state.
(3) For the purposes of determining compensation, a receiving
state may require additional information from teachers
receiving a license under the provisions of this compact.
(4) Nothing in this compact shall be construed to limit the
power of a member state to control and maintain ownership
of its information pertaining to teachers, or limit the
application of a member state's laws or regulations governing
the ownership, use, or dissemination of information
pertaining to teachers.
(5) Nothing in this compact shall be construed to invalidate or
alter any existing agreement or other cooperative
arrangement which a member state may already be a party
to, or limit the ability of a member state to participate in any
future agreement or other cooperative arrangement to:
(A) award teaching licenses or other benefits based on
additional professional credentials, including, but not
limited to national board certification;
(B) participate in the exchange of names of teachers whose
license has been subject to an adverse action by a member
state; or
(C) participate in any agreement or cooperative
arrangement with a non-member state.
Sec. 5. Article V, teacher qualifications and requirements for
licensure under the compact.
(1) Except as provided for active military members or eligible
military spouses in Article III above, a teacher may only be
eligible to receive a license under this compact where that
teacher holds an unencumbered license in a member state.
(2) A teacher eligible to receive a license under this compact
shall, unless otherwise provided for herein:
(A) upon their application to receive a license under this
compact, undergo a criminal background check in the
receiving state in accordance with the laws and regulations
ES 146—LS 7471/DI 143 40
of the receiving state; and
(B) provide the receiving state with information in addition
to the information required for licensure for the purposes
of determining compensation, if applicable.
Sec. 6. Article VI, discipline and adverse actions.
(1) Nothing in this compact shall be deemed or construed to
limit the authority of a member state to investigate or impose
disciplinary measures on teachers according to the state
practice laws thereof.
(2) Member states shall be authorized to receive, and shall
provide, files and information regarding the investigation and
discipline, if any, of teachers in other member states upon
request. Any member state receiving such information or files
shall protect and maintain the security and confidentiality
thereof, in at least the same manner that it maintains its own
investigatory or disciplinary files and information. Prior to
disclosing any disciplinary or investigatory information
received from another member state, the disclosing state shall
communicate its intention and purpose for such disclosure to
the member state which originally provided that information.
Sec. 7. (a) Article VII, establishment of the interstate teacher
mobility compact commission.
(1) The interstate compact member states hereby create and
establish a joint public agency known as the interstate teacher
mobility compact commission:
(A) The commission is a joint interstate governmental
agency comprised of states that have enacted the interstate
teacher mobility compact.
(B) Nothing in this interstate compact shall be construed to
be a waiver of sovereign immunity.
(b) Membership, voting, and meetings.
(1) Each member state shall have and be limited to one (1)
delegate to the commission, who shall be given the title of
commissioner.
(2) The commissioner shall be the primary administrative
officer of the state licensing authority or their designee.
(3) Any commissioner may be removed or suspended from
office as provided by the law of the state from which the
commissioner is appointed.
(4) The member state shall fill any vacancy occurring in the
commission within ninety (90) days.
(5) Each commissioner shall be entitled to one (1) vote about
ES 146—LS 7471/DI 143 41
the promulgation of rules and creation of bylaws and shall
otherwise have an opportunity to participate in the business
and affairs of the commission. A commissioner shall vote in
person or by such other means as provided in the bylaws. The
bylaws may provide for commissioners' participation in
meetings by telephone or other means of communication.
(6) The commission shall meet at least once during each
calendar year. Additional meetings shall be held as set forth
in the bylaws.
(7) The commission shall establish by rule a term of office for
commissioners.
(c) The commission shall have the following powers and duties:
(1) Establish the code of ethics for the commission.
(2) Establish the fiscal year of the commission.
(3) Establish bylaws for the commission.
(4) Maintain its financial records in accordance with the
bylaws of the commission.
(5) Meet and take such actions as are consistent with the
provisions of this interstate compact, the bylaws, and rules of
the commission.
(6) Promulgate uniform rules to implement and administer
this interstate compact. The rules shall have the force and
effect of law and shall be binding in all member states. In the
event the commission exercises its rulemaking authority in a
manner that is beyond the scope of the purposes of the
compact, or the powers granted hereunder, then such an
action by the commission shall be invalid and have no force
and effect of law.
(7) Bring and prosecute legal proceedings or actions in the
name of the commission, provided that the standing of any
member state licensing authority to sue or be sued under
applicable law shall not be affected.
(8) Purchase and maintain insurance and bonds.
(9) Borrow, accept, or contract for services of personnel,
including, but not limited to, employees of a member state, or
an associated nongovernmental organization that is open to
membership by all states.
(10) Hire employees, elect or appoint officers, fix
compensation, define duties, grant such individuals
appropriate authority to carry out the purposes of the
compact, and establish the commission's personnel policies
and programs relating to conflicts of interest, qualifications
ES 146—LS 7471/DI 143 42
of personnel, and other related personnel matters.
(11) Lease, purchase, accept appropriate gifts or donations of,
or otherwise own, hold, improve, or use, any property, real,
personal, or mixed, provided that at all times the commission
shall avoid any appearance of impropriety.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon,
or otherwise dispose of any property real, personal, or mixed.
(13) Establish a budget and make expenditures.
(14) Borrow money.
(15) Appoint committees, including standing committees
composed of members and such other interested persons as
may be designated in this interstate compact, rules, or bylaws.
(16) Provide and receive information from, and cooperate
with, law enforcement agencies.
(17) Establish and elect an executive committee.
(18) Establish and develop a charter for an executive
information governance committee to advise on facilitating
exchange of information; use of information, data privacy,
and technical support needs, and provide reports as needed.
(19) Perform such other functions as may be necessary or
appropriate to achieve the purposes of this interstate compact
consistent with the state regulation of teacher licensure.
(20) Determine whether a state's adopted language is
materially different from the model compact language such
that the state would not qualify for participation in the
compact.
(d) The executive committee of the interstate teacher mobility
compact commission.
(1) The executive committee shall have the power to act on
behalf of the commission according to the terms of this
interstate compact.
(2) The executive committee shall be composed of the
following eight (8) voting members:
(A) The commission chair, vice chair, and treasurer; and
(B) Five (5) members who are elected by the commission
from the current membership as follows:
(i) four (4) voting members representing geographic
regions in accordance with commission rules; and
(ii) one (1) at large voting member in accordance with
commission rules.
(3) The commission may add or remove members of the
executive committee as provided in commission rules.
ES 146—LS 7471/DI 143 43
(4) The executive committee shall meet at least once annually.
(5) The executive committee shall have the following duties
and responsibilities:
(A) Recommend to the entire commission changes to the
rules or bylaws, changes to the compact legislation, fees
paid by interstate compact member states such as annual
dues, and any compact fee charged by the member states
on behalf of the commission.
(B) Ensure commission administration services are
appropriately provided, contractual or otherwise.
(C) Prepare and recommend the budget.
(D) Maintain financial records on behalf of the
commission.
(E) Monitor compliance of member states and provide
reports to the commission.
(F) Perform other duties as provided in rules or bylaws.
(6) Meetings of the commission.
(A) All meetings shall be open to the public, and public
notice of meetings shall be given in accordance with
commission bylaws.
(B) The commission or the executive committee or other
committees of the commission may convene in a closed,
non-public meeting if the commission or executive
committee or other committees of the commission must
discuss:
(i) non-compliance of a member state with its obligations
under the compact;
(ii) the employment, compensation, discipline or other
matters, practices or procedures related to specific
employees, or other matters related to the commission's
internal personnel practices and procedures;
(iii) current, threatened, or reasonably anticipated
litigation;
(iv) negotiation of contracts for the purchase, lease, or
sale of goods, services, or real estate;
(v) accusing any person of a crime or formally censuring
any person;
(vi) disclosure of trade secrets or commercial or financial
information that is privileged or confidential;
(vii) disclosure of information of a personal nature
where disclosure would constitute a clearly unwarranted
invasion of personal privacy;
ES 146—LS 7471/DI 143 44
(viii) disclosure of investigative records compiled for law
enforcement purposes;
(ix) disclosure of information related to any investigative
reports prepared by or on behalf of or for use of the
commission or other committee charged with
responsibility of investigation or determination of
compliance issues pursuant to the compact;
(x) matters specifically exempted from disclosure by
federal or member state statute; or
(xi) others matters as set forth by commission bylaws
and rules.
(C) If a meeting, or portion of a meeting, is closed pursuant
to this provision, the commission's legal counsel or
designee shall certify that the meeting may be closed and
shall reference each relevant exempting provision.
(D) The commission shall keep minutes of commission
meetings and shall provide a full and accurate summary of
actions taken, and the reasons therefore, including a
description of the views expressed. All documents
considered in connection with an action shall be identified
in such minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a
majority vote of the commission or order of a court of
competent jurisdiction.
(7) Financing of the commission.
(A) The commission shall pay, or provide for the payment
of, the reasonable expenses of its establishment,
organization, and ongoing activities.
(B) The commission may accept all appropriate donations
and grants of money, equipment, supplies, materials, and
services, and receive, utilize, and dispose of the same,
provided that at all times the commission shall avoid any
appearance of impropriety or conflict of interest.
(C) The commission may levy on and collect an annual
assessment from each member state or impose fees on
other parties to cover the cost of the operations and
activities of the commission, in accordance with the
commission rules.
(D) The commission shall not incur obligations of any kind
prior to securing the funds adequate to meet the same; nor
shall the commission pledge the credit of any of the
member states, except by and with the authority of the
ES 146—LS 7471/DI 143 45
member state.
(E) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and
disbursements of the commission shall be subject to
accounting procedures established under commission
bylaws. All receipts and disbursements of funds of the
commission shall be reviewed annually in accordance with
commission bylaws, and a report of the review shall be
included in and become part of the annual report of the
commission.
(8) Qualified immunity, defense, and indemnification.
(A) The members, officers, executive director, employees,
and representatives of the commission shall be immune
from suit and liability, either personally or in their official
capacity, for any claim for damage to or loss of property or
personal injury or other civil liability caused by or arising
out of any actual or alleged act, error, or omission that
occurred, or that the person against whom the claim is
made had a reasonable basis for believing occurred within
the scope of commission employment, duties, or
responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit or
liability for any damage, loss, injury, or liability caused by
the intentional or willful or wanton misconduct of that
person.
(B) The commission shall defend any member, officer,
executive director, employee, or representative of the
commission in any civil action seeking to impose liability
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that the person against whom
the claim is made had a reasonable basis for believing
occurred within the scope of commission employment,
duties, or responsibilities; provided that nothing herein
shall be construed to prohibit that person from retaining
his or her own counsel; and provided further, that the
actual or alleged act, error, or omission did not result from
that person's intentional or willful or wanton misconduct.
(C) The commission shall indemnify and hold harmless any
member, officer, executive director, employee, or
representative of the commission for the amount of any
settlement or judgment obtained against that person
ES 146—LS 7471/DI 143 46
arising out of any actual or alleged act, error, or omission
that occurred within the scope of commission employment,
duties, or responsibilities, or that such person had a
reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities,
provided that the actual or alleged act, error, or omission
did not result from the intentional or willful or wanton
misconduct of that person.
Sec. 8. Article VIII, rulemaking.
(1) The commission shall exercise its rulemaking powers
pursuant to the criteria set forth in this interstate compact
and the rules adopted thereunder. Rules and amendments
shall become binding as of the date specified in each rule or
amendment.
(2) The commission shall promulgate reasonable rules to
achieve the intent and purpose of this interstate compact. In
the event the commission exercises its rulemaking authority
in a manner that is beyond purpose and intent of this
interstate compact, or the powers granted hereunder, then
such an action by the commission shall be invalid and have no
force and effect of law in the member states.
(3) If a majority of the legislatures of the member states
rejects a rule, by enactment of a statute or resolution in the
same manner used to adopt the compact within four (4) years
of the date of adoption of the rule, then such rule shall have no
further force and effect in any member state.
(4) Rules or amendments to the rules shall be adopted or
ratified at a regular or special meeting of the commission in
accordance with commission rules and bylaws.
(5) Upon determination that an emergency exists, the
commission may consider and adopt an emergency rule with
forty-eight (48) hours' notice, with opportunity to comment,
provided that the usual rulemaking procedures shall be
retroactively applied to the rule as soon as reasonably
possible, in no event later than ninety (90) days after the
effective date of the rule. For the purposes of this provision,
an emergency rule is one that must be adopted immediately in
order to do the following:
(A) Meet an imminent threat to public health, safety, or
welfare.
(B) Prevent a loss of commission or member state funds.
(C) Meet a deadline for the promulgation of an
ES 146—LS 7471/DI 143 47
administrative rule that is established by federal law or
rule.
(D) Protect public health and safety.
Sec. 9. Article IX, facilitating information exchange.
(1) The commission shall provide for facilitating the exchange
of information to administer and implement the provisions of
this compact in accordance with the rules of the commission,
consistent with generally accepted data protection principles.
(2) Nothing in this compact shall be deemed or construed to
alter, limit, or inhibit the power of a member state to control
and maintain ownership of its licensee information or alter,
limit, or inhibit the laws or regulations governing licensee
information in the member state.
Sec. 10. Article X, oversight, dispute resolution, and
enforcement.
(1) Oversight.
(A) The executive and judicial branches of state
government in each member state shall enforce this
compact and take all actions necessary and appropriate to
effectuate the compact's purposes and intent. The
provisions of this compact shall have standing as statutory
law.
(B) Venue is proper and judicial proceedings by or against
the commission shall be brought solely and exclusively in
a court of competent jurisdiction where the principal office
of the commission is located. The commission may waive
venue and jurisdictional defenses to the extent it adopts or
consents to participate in alternative dispute resolution
proceedings. Nothing herein shall affect or limit the
selection or propriety of venue in any action against a
licensee for professional malpractice, misconduct or any
such similar matter.
(C) All courts and all administrative agencies shall take
judicial notice of the compact, the rules of the commission,
and any information provided to a member state pursuant
thereto in any judicial or quasi-judicial proceeding in a
member state pertaining to the subject matter of this
compact, or which may affect the powers, responsibilities,
or actions of the commission.
(D) The commission shall be entitled to receive service of
process in any proceeding regarding the enforcement or
interpretation of the compact and shall have standing to
ES 146—LS 7471/DI 143 48
intervene in such a proceeding for all purposes. Failure to
provide the commission service of process shall render a
judgment or order void as to the commission, this compact,
or promulgated rules.
(2) Default, technical assistance, and termination.
(A) If the commission determines that a member state has
defaulted in the performance of its obligations or
responsibilities under this compact or the promulgated
rules, the commission shall:
(i) provide written notice to the defaulting state and
other member states of the nature of the default, the
proposed means of curing the default or any other action
to be taken by the commission; and
(ii) provide remedial training and specific technical
assistance regarding the default.
(3) If a state in default fails to cure the default, the defaulting
state may be terminated from the compact upon an
affirmative vote of a majority of the commissioners of the
member states, and all rights, privileges, and benefits
conferred on that state by this compact may be terminated on
the effective date of termination. A cure of the default does
not relieve the offending state of obligations or liabilities
incurred during the period of default.
(4) Termination of membership in the compact shall be
imposed only after all other means of securing compliance
have been exhausted. Notice of intent to suspend or terminate
shall be given by the commission to the governor, the majority
and minority leaders of the defaulting state's legislature, the
state licensing authority and each of the member states.
(5) A state that has been terminated is responsible for all
assessments, obligations, and liabilities incurred through the
effective date of termination, including obligations that extend
beyond the effective date of termination.
(6) The commission shall not bear any costs related to a state
that is found to be in default or that has been terminated from
the compact, unless agreed upon in writing between the
commission and the defaulting state.
(7) The defaulting state may appeal the action of the
commission by petitioning the United States District Court for
the District of Columbia or the federal district where the
commission has its principal offices. The prevailing party
shall be awarded all costs of such litigation, including
ES 146—LS 7471/DI 143 49
reasonable attorney's fees.
(8) Dispute resolution.
(A) Upon request by a member state, the commission shall
attempt to resolve disputes related to the compact that
arise among member states and between member and
non-member states.
(B) The commission shall promulgate a rule providing for
both binding and nonbinding alternative dispute resolution
for disputes as appropriate.
(9) Enforcement.
(A) The commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this
compact.
(B) By majority vote, the commission may initiate legal
action in the United States District Court for the District of
Columbia or the federal district where the commission has
its principal offices against a member state in default to
enforce compliance with the provisions of the compact and
its promulgated rules and bylaws. The relief sought may
include both injunctive relief and damages. In the event
judicial enforcement is necessary, the prevailing party
shall be awarded all costs of such litigation, including
reasonable attorney's fees. The remedies herein shall not
be the exclusive remedies of the commission. The
commission may pursue any other remedies available
under federal or state law.
Sec. 11. Article XI, effectuation, withdrawal, and amendment.
(1) The compact shall come into effect on the date on which
the compact statute is enacted into law in the tenth member
state.
(A) On or after the effective date of the compact, the
commission shall convene and review the enactment of
each of the charter member states to determine if the
statute enacted by each such charter member state is
materially different from the model compact statute.
(B) A charter member state whose enactment is found to
be materially different from the model compact statute
shall be entitled to the default process set forth in Article
X.
(C) Member states enacting the compact subsequent to the
charter member states shall be subject to the process set
forth in Article VII, section 7(c)(20) of this chapter to
ES 146—LS 7471/DI 143 50
determine if their enactments are materially different from
the model compact statute and whether they qualify for
participation in the compact.
(2) If any member state is later found to be in default, or is
terminated or withdraws from the compact, the commission
shall remain in existence and the compact shall remain in
effect even if the number of member states should be less than
ten (10).
(3) Any state that joins the compact after the commission's
initial adoption of the rules and bylaws shall be subject to the
rules and bylaws as they exist on the date on which the
compact becomes law in that state. Any rule that has been
previously adopted by the commission shall have the full force
and effect of law on the day the compact becomes law in that
state, as the rules and bylaws may be amended as provided in
this compact.
(4) Any member state may withdraw from this compact by
enacting a statute repealing the same.
(A) A member state's withdrawal shall not take effect until
six (6) months after enactment of the repealing statute.
(B) Withdrawal shall not affect the continuing requirement
of the withdrawing state's licensing authority to comply
with the investigative and adverse action reporting
requirements of this act prior to the effective date of
withdrawal.
(5) This compact may be amended by the member states. No
amendment to this compact shall become effective and
binding upon any member state until it is enacted into the
laws of all member states.
Sec. 12. Article XII, construction and severability.
(1) This compact shall be liberally construed to effectuate the
purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence, or provision of
this compact is declared to be contrary to the constitution of
any member state or a state seeking membership in the
compact, or of the United States or the applicability thereof to
any other government, agency, person, or circumstance is
held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person,
or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any member state,
the compact shall remain in full force and effect as to the
ES 146—LS 7471/DI 143 51
remaining member states and in full force and effect as to the
member state affected as to all severable matters.
Sec. 13. Article XIII, consistent effect and conflict with other
state laws.
(1) Nothing herein shall prevent or inhibit the enforcement of
any other law of a member state that is not inconsistent with
the compact.
(2) Any laws, statutes, regulations, or other legal
requirements in a member state in conflict with the compact
are superseded to the extent of the conflict.
(3) All permissible agreements between the commission and
the member states are binding in accordance with their terms.
Sec. 14. (a) The secretary of education, or a person authorized
to act on behalf of the secretary of education, is the education
official selected by this state to negotiate and enter into, on behalf
of this state, contracts under the interstate agreement set forth in
section 1 of this chapter.
(b) The designated education official, acting jointly with similar
officers of other party states, may adopt rules to carry out more
effectively the terms of the interstate agreement.
(c) The designated education official is authorized, empowered,
and directed to cooperate with all departments, agencies, and
officers of state government and its subdivisions in facilitating the
proper administration of the following:
(1) The interstate agreement.
(2) A supplementary agreement entered into by this state
under the interstate agreement.
SECTION 10. IC 34-30-2.1-287.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 287.2. IC 20-38-4-7 (Concerning
members, officers, the executive director, employees, and
representatives of the interstate teacher mobility compact
commission).".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 146 as printed January 31, 2025.)
BEHNING
Committee Vote: yeas 13, nays 0.
ES 146—LS 7471/DI 143 52
COMMITTEE REPORT
Mr. Speaker: Your Committee on Ways and Means, to which was
referred Engrossed Senate Bill 146, 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:
Delete the title and insert the following:
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Page 3, delete lines 6 through 8.
Page 3, line 9, delete "2." and insert "1.".
Page 3, line 10, delete "3" and insert "2".
Page 3, line 12, delete "3." and insert "2.".
Page 3, delete lines 19 through 31.
Page 3, line 32, delete "5." and insert "3.".
Page 3, line 37, delete "6." and insert "4.".
and when so amended that said bill do pass.
(Reference is to ESB 146 as printed March 20, 2025.)
THOMPSON
Committee Vote: yeas 22, nays 1.
ES 146—LS 7471/DI 143