IN
Indiana Senate Bill SB0363

Indiana 2025 Regular Session

Indiana Senate Bill SB0363 Compare Versions

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22 Introduced Version
33 SENATE BILL No. 363
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 20-30-2-2.7; IC 20-33-8-13.5; IC 20-51.4.
77 Synopsis: Victims of bullying. Amends the definition of "eligible
88 student" for purposes of eligibility under the Indiana education
99 scholarship account program. Requires a school to provide certain
1010 victims of bullying with the option to finish the semester by means of
1111 virtual instruction or remote learning. Makes conforming changes.
1212 Effective: July 1, 2025.
1313 Niezgodski, Doriot
1414 January 13, 2025, read first time and referred to Committee on Education and Career
1515 Development.
1616 2025 IN 363—LS 6949/DI 143 Introduced
1717 First Regular Session of the 124th General Assembly (2025)
1818 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
1919 Constitution) is being amended, the text of the existing provision will appear in this style type,
2020 additions will appear in this style type, and deletions will appear in this style type.
2121 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2222 provision adopted), the text of the new provision will appear in this style type. Also, the
2323 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2424 a new provision to the Indiana Code or the Indiana Constitution.
2525 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2626 between statutes enacted by the 2024 Regular Session of the General Assembly.
2727 SENATE BILL No. 363
2828 A BILL FOR AN ACT to amend the Indiana Code concerning
2929 education.
3030 Be it enacted by the General Assembly of the State of Indiana:
3131 1 SECTION 1. IC 20-30-2-2.7, AS ADDED BY P.L.139-2022,
3232 2 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3333 3 JULY 1, 2025]: Sec. 2.7. (a) This section applies to the following:
3434 4 (1) Except as provided in subsection (b), a public school
3535 5 maintained by a school corporation.
3636 6 (2) A charter school that is not a virtual charter school (as defined
3737 7 in IC 20-24-1-10).
3838 8 (b) This section does not apply to a dedicated virtual education
3939 9 school.
4040 10 (c) As used in this section, "virtual student instructional day" means
4141 11 a student instructional day to which the following apply:
4242 12 (1) A school provides virtual instruction or remote learning to at
4343 13 least fifty percent (50%) of the students enrolled to attend
4444 14 in-person instruction at the school.
4545 15 (2) A school counts the student instructional day toward meeting
4646 16 the one hundred eighty (180) day requirement established by
4747 17 section 3 of this chapter.
4848 2025 IN 363—LS 6949/DI 143 2
4949 1 (d) Except as provided in subsections (e), and (g), and (h), a school
5050 2 shall deliver:
5151 3 (1) teacher directed synchronous instruction; or
5252 4 (2) a hybrid of:
5353 5 (A) teacher directed synchronous instruction for at least fifty
5454 6 percent (50%) of the particular instructional day; and
5555 7 (B) asynchronous learning;
5656 8 during the instructional time of a virtual student instructional day.
5757 9 (e) Except as provided in subsection subsections (g) and (h), a
5858 10 school may conduct not more than three (3) virtual student instructional
5959 11 days each school year that do not meet the requirements under
6060 12 subsection (d).
6161 13 (f) Except as provided in subsection subsections (g) and (h), if a
6262 14 school conducts a student instructional day described in subsection
6363 15 (c)(1) that does not meet the requirements of this section, the school
6464 16 may not count the student instructional day toward meeting the one
6565 17 hundred eighty (180) day requirement established by section 3 of this
6666 18 chapter.
6767 19 (g) A school may submit to the department a request to waive the
6868 20 requirements set forth in this section to include a virtual student
6969 21 instructional day otherwise excluded under subsection (f) to meet the
7070 22 one hundred eighty (180) day requirement established by section 3 of
7171 23 this chapter if the virtual student instructional day was conducted
7272 24 because of extraordinary circumstances. The department may waive the
7373 25 requirements for the school after consideration of the request.
7474 26 (h) A student who elects to finish a semester by means of virtual
7575 27 instruction or remote learning under IC 20-33-8-13.5(h) is exempt
7676 28 from the virtual instruction requirements of this section.
7777 29 (h) (i) The state board may adopt rules under IC 4-22-2 to
7878 30 implement this section. However, the state board shall, in consultation
7979 31 with the department, adopt rules under IC 4-22-2 that define teacher
8080 32 directed synchronous instruction and asynchronous learning and
8181 33 provide that the instruction or learning must be of the same quality and
8282 34 rigor as required under section 2.5(b) of this chapter.
8383 35 SECTION 2. IC 20-33-8-13.5, AS AMENDED BY P.L.238-2023,
8484 36 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8585 37 JULY 1, 2025]: Sec. 13.5. (a) Discipline rules adopted by the
8686 38 governing body of a school corporation under section 12 of this chapter
8787 39 must:
8888 40 (1) prohibit bullying; and
8989 41 (2) include:
9090 42 (A) provisions concerning education, parental involvement,
9191 2025 IN 363—LS 6949/DI 143 3
9292 1 and intervention;
9393 2 (B) a detailed procedure for the expedited investigation of
9494 3 incidents of bullying that includes:
9595 4 (i) appropriate responses to bullying behaviors, wherever the
9696 5 behaviors occur;
9797 6 (ii) provisions for anonymous and personal reporting of
9898 7 bullying to a teacher or other school staff;
9999 8 (iii) provisions that require a school to prioritize the safety
100100 9 of the victim;
101101 10 (iv) timetables for reporting of bullying incidents to the
102102 11 parents of both the targeted student and the alleged
103103 12 perpetrator in an expedited manner that is not later than five
104104 13 (5) business days after the incident is reported;
105105 14 (v) timetables for reporting of bullying incidents to school
106106 15 counselors, school administrators, the superintendent, or law
107107 16 enforcement, if it is determined that reporting the bullying
108108 17 incident to law enforcement is necessary;
109109 18 (vi) discipline provisions for teachers, school staff, or school
110110 19 administrators who fail to initiate or conduct an
111111 20 investigation of a bullying incident; and
112112 21 (vii) discipline provisions for false reporting of bullying; and
113113 22 (C) a detailed procedure outlining the use of follow-up
114114 23 services that includes:
115115 24 (i) support services for the victim; and
116116 25 (ii) bullying education for the alleged perpetrator.
117117 26 (b) The discipline rules described in subsection (a) may be applied
118118 27 regardless of the physical location in which the bullying behavior
119119 28 occurred, whenever:
120120 29 (1) the individual committing the bullying behavior and any of the
121121 30 intended targets of the bullying behavior are students attending a
122122 31 school within a school corporation; and
123123 32 (2) disciplinary action is reasonably necessary to avoid substantial
124124 33 interference with school discipline or prevent an unreasonable
125125 34 threat to the rights of others to a safe and peaceful learning
126126 35 environment.
127127 36 (c) The discipline rules described in subsection (a) must prohibit
128128 37 bullying through the use of data or computer software that is accessed
129129 38 through a:
130130 39 (1) computer;
131131 40 (2) computer system;
132132 41 (3) computer network; or
133133 42 (4) cellular telephone or other wireless or cellular
134134 2025 IN 363—LS 6949/DI 143 4
135135 1 communications device.
136136 2 (d) The discipline rules described in subsection (a) must include
137137 3 policies to allow a parent of a child in the school corporation to review
138138 4 any materials used in any bullying prevention or suicide prevention
139139 5 program.
140140 6 (e) The discipline rules described in subsection (a) may include
141141 7 provisions to determine:
142142 8 (1) the severity of an incident of bullying; and
143143 9 (2) whether an incident of bullying may warrant the transfer of the
144144 10 victim or the alleged perpetrator to another school in the school
145145 11 corporation.
146146 12 (f) This section may not be construed to give rise to a cause of
147147 13 action against a person or school corporation based on an allegation of
148148 14 noncompliance with this section. Noncompliance with this section may
149149 15 not be used as evidence against a school corporation in a cause of
150150 16 action.
151151 17 (g) A record made of an investigation, a disciplinary action, or a
152152 18 follow-up action performed under rules adopted under this section is
153153 19 not a public record under IC 5-14-3.
154154 20 (h) If an investigation described under subsection (a)(2)(B)
155155 21 results in a determination under subsection (e)(2) that an incident
156156 22 of bullying warrants a transfer, a school must provide the victim
157157 23 of the incident of bullying with the option to finish the semester by
158158 24 means of virtual instruction or remote learning as provided by the
159159 25 school in accordance with IC 20-30-2-2.5.
160160 26 (h) (i) The department shall periodically review each policy adopted
161161 27 under this section to ensure the policy's compliance with this section.
162162 28 SECTION 3. IC 20-51.4-2-4, AS AMENDED BY P.L.127-2024,
163163 29 SECTION 3, AND AS AMENDED BY P.L.162-2024, SECTION 28,
164164 30 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
165165 31 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
166166 32 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
167167 33 Sec. 4. (a) "Eligible student" refers to an individual who meets the
168168 34 criteria described in subsection (b) or (c).
169169 35 (b) The individual:
170170 36 (1) has legal settlement in Indiana;
171171 37 (2) is at least five (5) years of age and less than twenty-two (22)
172172 38 years of age on the date in the school year specified in
173173 39 IC 20-33-2-7; on October 1 of the applicable school year;
174174 40 (3) is a student:
175175 41 (A) with a disability at the time the account is established who
176176 42 requires special education and for whom:
177177 2025 IN 363—LS 6949/DI 143 5
178178 1 (A) (i) an individualized education program;
179179 2 (B) (ii) a service plan developed under 511 IAC 7-34; or
180180 3 (C) (iii) a choice special education plan developed under
181181 4 511 IAC 7-49;
182182 5 has been developed; and or
183183 6 (B) who is a sibling of a student described in clause (A) who
184184 7 has had an ESA account established in the student's name
185185 8 under IC 20-51.4-4-1; and
186186 9 (4) meets the annual income qualification requirement for a
187187 10 choice scholarship student under IC 20-51-1.
188188 11 (c) The individual:
189189 12 (1) has legal settlement in Indiana;
190190 13 (2) is at least five (5) years of age and less than twenty-two
191191 14 (22) years of age on October 1 of the applicable school year;
192192 15 and
193193 16 (3) is a student:
194194 17 (A) who is a victim of an incident of bullying that has:
195195 18 (i) been investigated as described in
196196 19 IC 20-33-8-13.5(a)(2)(B); and
197197 20 (ii) resulted in a determination that the incident of
198198 21 bullying warrants a transfer as described in
199199 22 IC 20-33-8-13.5(e); or
200200 23 (B) who is a sibling of a student described in clause (A)
201201 24 who has had an ESA account established in the student's
202202 25 name under IC 20-51.4-4-1; and
203203 26 (4) meets the annual income qualification requirement for a
204204 27 choice scholarship student under IC 20-51-1.
205205 28 SECTION 4. IC 20-51.4-4-1, AS AMENDED BY P.L.127-2024,
206206 29 SECTION 5, AND AS AMENDED BY P.L.150-2024, SECTION 69,
207207 30 AND AS AMENDED BY THE TECHNICAL CORRECTIONS BILL
208208 31 OF THE 2025 GENERAL ASSEMBLY, IS CORRECTED AND
209209 32 AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2025]:
210210 33 Sec. 1. (a) After June 30, 2022, a parent of an eligible student or an
211211 34 emancipated eligible student may establish an Indiana education
212212 35 scholarship account for the eligible student by entering into a written
213213 36 agreement with the treasurer of state on a form prepared by the
214214 37 treasurer of state. The treasurer of state shall establish a date by which
215215 38 an application to establish an ESA account for the upcoming school
216216 39 year must be submitted. However, for a school year beginning after
217217 40 July 1, 2022, applications must be submitted for an eligible student not
218218 41 later than September 1 for the immediately following school year. The
219219 42 ESA account of an eligible student shall be made in the name of the
220220 2025 IN 363—LS 6949/DI 143 6
221221 1 eligible student. The treasurer of state shall make the agreement
222222 2 available on the website of the treasurer of state. To be eligible, a
223223 3 parent of an eligible student or an emancipated eligible student wishing
224224 4 to participate in the ESA program must agree that:
225225 5 (1) subject to subsection (i), a grant deposited in the eligible
226226 6 student's ESA account under section 2 of this chapter and any
227227 7 interest that may accrue in the ESA account will be used only for
228228 8 the eligible student's ESA qualified expenses;
229229 9 (2) if the eligible student participates in the CSA program, a grant
230230 10 deposited in the eligible student's ESA account under
231231 11 IC 20-51.4-4.5-3 and any interest that may accrue in the ESA
232232 12 account will be used only for the eligible student's ESA qualified
233233 13 expenses;
234234 14 (3) money in the ESA account when the ESA account is
235235 15 terminated reverts to the state general fund;
236236 16 (4) the parent of the eligible student or the emancipated eligible
237237 17 student will use part of the money in the ESA account:
238238 18 (A) for the eligible student's study in the subject of reading,
239239 19 grammar, mathematics, social studies, or science; or
240240 20 (B) for use in accordance with the eligible student's:
241241 21 (i) individualized education program;
242242 22 (ii) service plan developed under 511 IAC 7-34;
243243 23 (iii) choice special education plan developed under 511
244244 24 IAC 7-49; or
245245 25 (iv) plan developed under Section 504 of the federal
246246 26 Rehabilitation Act of 1973, 29 U.S.C. 794;
247247 27 (5) the eligible student will not be enrolled in a school that
248248 28 receives tuition support under IC 20-43; and
249249 29 (6) the eligible student will take the statewide summative
250250 30 assessment, as applicable based on the eligible student's grade
251251 31 level, as provided under IC 20-32-5.1, or the assessment specified
252252 32 in the eligible student's:
253253 33 (A) individualized education program developed under
254254 34 IC 20-35;
255255 35 (B) service plan developed under 511 IAC 7-34;
256256 36 (C) choice special education plan developed under 511
257257 37 IAC 7-49; or
258258 38 (D) plan developed under Section 504 of the federal
259259 39 Rehabilitation Act of 1973, 29 U.S.C. 794.
260260 40 (b) A parent of an eligible student may enter into a separate
261261 41 agreement under subsection (a) for each child of the parent. However,
262262 42 not more than one (1) ESA account may be established for each
263263 2025 IN 363—LS 6949/DI 143 7
264264 1 eligible student.
265265 2 (c) The ESA account must be established under subsection (a) by a
266266 3 parent of an eligible student or an emancipated eligible student for a
267267 4 school year on or before a date established by the treasurer of state,
268268 5 which must be at least thirty (30) days before the fall count day of
269269 6 ADM established under IC 20-43-4-3. A parent of an eligible student
270270 7 or an emancipated eligible student may not enter into an agreement
271271 8 under this section or maintain an ESA account under this chapter if the
272272 9 eligible student receives a choice scholarship under IC 20-51-4 for the
273273 10 same school year. An eligible student may not receive a grant under
274274 11 section 2 of this chapter if the eligible student is currently included in
275275 12 a school corporation's ADM count under IC 20-43-4.
276276 13 (d) Except as provided in subsections (e) and (f), an agreement
277277 14 made under this section is valid for one (1) school year while the
278278 15 eligible student is in kindergarten through grade 12 and may be
279279 16 renewed annually. Upon graduation, or receipt of a certificate of
280280 17 completion under the eligible student's individualized education
281281 18 program, the eligible student's ESA account is terminated.
282282 19 (e) An agreement entered into under this section terminates
283283 20 automatically for an eligible student if:
284284 21 (1) the eligible student no longer resides in Indiana while the
285285 22 eligible student is eligible to receive grants under section 2 of this
286286 23 chapter; or
287287 24 (2) the ESA account is not renewed within three hundred
288288 25 ninety-five (395) days after the date the ESA account was either
289289 26 established or last renewed.
290290 27 If an ESA account is terminated under this section, money in the
291291 28 eligible student's ESA account, including any interest accrued, reverts
292292 29 to the state general fund.
293293 30 (f) An agreement made under this section for an eligible student
294294 31 while the eligible student is in kindergarten through grade 12 may be
295295 32 terminated before the end of the school year if the parent of the eligible
296296 33 student or the emancipated eligible student notifies the treasurer of
297297 34 state in a manner specified by the treasurer of state.
298298 35 (g) A distribution made to an ESA account under section 2 of this
299299 36 chapter is considered tax exempt as long as the distribution is used for
300300 37 an ESA qualified expense. The amount is subtracted from the
301301 38 definition of adjusted federal gross income under IC 6-3-1-3.5 to the
302302 39 extent the distribution used for the ESA qualified expense is included
303303 40 in the taxpayer's adjusted federal gross income under the Internal
304304 41 Revenue Code.
305305 42 (h) The department shall establish a student test number as
306306 2025 IN 363—LS 6949/DI 143 8
307307 1 described in IC 20-19-3-9.4 for each eligible student. The treasurer of
308308 2 state shall provide the department information necessary for the
309309 3 department to comply with this subsection.
310310 4 (i) A student described in IC 20-51.4-2-4(3)(B)
311311 5 IC 20-51.4-2-4(b)(3)(B) may not use the money deposited into the
312312 6 eligible student's ESA account for ESA qualified expenses described in
313313 7 IC 20-51.4-2-9(a)(3), IC 20-51.4-2-9(a)(6), IC 20-51.4-2-9(a)(7), or
314314 8 IC 20-51.4-2-9(a)(9).
315315 2025 IN 363—LS 6949/DI 143