Introduced Version
SENATE BILL No. 373
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 20-19-2-16; IC 20-20-5.5-2; IC 20-27-3-2;
IC 20-28-5-12.5; IC 20-30-7-1; IC 20-32-8.5-2; IC 20-35-2-1;
IC 20-51-3-8.
Synopsis: Department of education. Provides that the department of
education (department) is the proper authority to accept federal funds
appropriated to aid in the education of children with disabilities
(current law provides that the state board of education is the proper
authority). Provides that the evaluation process for certain curricular
materials must include the age appropriateness of the content. Removes
the member of the Indiana Transportation Association from the list of
nonvoting members on the state school bus committee. Provides that
an individual seeking an initial practitioners license through an
alternative certification path must successfully complete an applicable
teacher licensing exam as approved by the state board of education
(board) (current law requires the successful completion of a Praxis
Subject Assessment). Provides that funding for approved summer
school programs is to be on a per student basis. Moves the
establishment of the division of special education from the board to the
department. Changes certain duties for the secretary of education and
the director of special education. Provides that the department may
suspend or terminate the certification of a scholarship granting
organization if the department establishes that the organization has not
granted a scholarship within certain time frames.
Effective: July 1, 2025.
Raatz
January 13, 2025, read first time and referred to Committee on Education and Career
Development.
2025 IN 373—LS 7358/DI 143 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 373
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 20-19-2-16, AS ADDED BY P.L.1-2005,
2 SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 16. (a) The state accepts the provisions and
4 benefits of laws enacted by the Congress of the United States that
5 provide for aid to children with disabilities.
6 (b) The state board department is designated as the proper
7 authority and may accept any federal funds appropriated to aid in the
8 education of children with disabilities. The state board department
9 shall comply with all the requirements of:
10 (1) federal law concerning any federal funds relating to special
11 educational activities; and
12 (2) any amendments to those laws or rules and regulations issued
13 under and in conformity with those laws and not inconsistent with
14 this chapter.
15 SECTION 2. IC 20-20-5.5-2, AS AMENDED BY P.L.245-2023,
16 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 2. (a) Not later than July 1 2024, and each July 1
2025 IN 373—LS 7358/DI 143 2
1 thereafter, of each year, the department shall evaluate, approve, and
2 publish a list of high quality curricular materials for use in the
3 following subjects:
4 (1) Science.
5 (2) Technology.
6 (3) Engineering.
7 (4) Math.
8 The department shall post the list approved under this subsection on
9 the department's website.
10 (b) Subject to subsection (g), the department shall determine the:
11 (1) process for evaluating and approving curricular materials
12 under subsection (a); and
13 (2) requirements for curricular materials to be approved and
14 included on the list described in subsection (a).
15 (c) The department shall publish an annual report that describes the
16 method used to conduct the evaluation required under subsection (a)
17 and that contains the results of the evaluation. The report must do the
18 following:
19 (1) Provide a list of each curricular material evaluated and a
20 summary of the evaluation for each curricular material.
21 (2) Provide a listing and summary review for the high quality
22 curricular materials approved by the department.
23 (3) Include any clarification or response from the publisher of a
24 curricular material related to the department's summary review
25 provided under subdivision (2).
26 (4) Include the written, exact, and standard statewide price
27 provided by the publisher of the curricular material under
28 subsection (e) for each high quality curricular material approved
29 by the department under this section.
30 (d) A governing body and superintendent may use the list approved
31 under subsection (a) in complying with IC 20-26-12-24.
32 (e) Before the department may approve curricular material for
33 inclusion on the list under subsection (a), the publisher of the curricular
34 material must:
35 (1) provide the department a written, exact, and standard
36 statewide price for each curricular material; and
37 (2) enter into a data share agreement with the department in the
38 manner prescribed by the department.
39 (f) A publisher may request that an update to the publisher's
40 curricular materials and corresponding prices replace the information
41 on the curricular materials set forth in the report under subsection (c).
42 (g) At a minimum, the process for evaluating curricular materials
2025 IN 373—LS 7358/DI 143 3
1 and the requirements for curricular materials to be approved and
2 included on the list described in subsection (a) must include the
3 following:
4 (1) The availability and use of benchmark, formative, interim, or
5 similar assessments to identify students that require remediation
6 and provide individualized instruction.
7 (2) The incorporation of experiential learning opportunities.
8 (3) An evaluation of the benchmark, formative, interim, or similar
9 assessment data provided by the publisher of the curricular
10 material pursuant to the data share agreement described in
11 subsection (e).
12 (4) The alignment of the curricular material to Indiana's academic
13 standards developed by the department under IC 20-31-3-2.
14 (5) The age appropriateness of the content.
15 (h) Not later than July 1, 2024, the department shall conduct a
16 statewide survey to determine which curricular materials have been
17 adopted for use in teaching science, technology, engineering, and
18 mathematics in each state accredited school. Each state accredited
19 school shall:
20 (1) participate in the statewide survey conducted under this
21 subsection; and
22 (2) provide the information requested by the department as part
23 of the statewide survey;
24 in the manner prescribed by the department. This subsection expires
25 January 1, 2025.
26 SECTION 3. IC 20-27-3-2, AS AMENDED BY P.L.43-2021,
27 SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 2. (a) The following nonvoting members shall
29 advise the voting members of the committee:
30 (1) A member of the Indiana Association of School Bus
31 Distributors selected by the executive committee of that
32 association.
33 (2) A member of the state police department selected by the state
34 police superintendent.
35 (3) A member of the Indiana Transportation Association selected
36 by the executive committee of that association.
37 (4) (3) A member of the Indiana Township Association selected
38 by the executive committee of that association.
39 (5) (4) A school business official appointed by the secretary of
40 education upon the recommendation of the Indiana Association
41 of School Business Officials.
42 (b) An individual is not qualified to serve as a nonvoting member
2025 IN 373—LS 7358/DI 143 4
1 of the committee until proper credentials of the individual's
2 appointment have been filed with the chairperson of the committee.
3 Each nonvoting member shall be notified of all committee meetings
4 and may attend each meeting and offer advice to the voting members
5 of the committee.
6 SECTION 4. IC 20-28-5-12.5, AS AMENDED BY P.L.243-2023,
7 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
8 JULY 1, 2025]: Sec. 12.5. (a) The department shall grant an initial
9 practitioner license to an individual who:
10 (1) possesses a bachelor's degree from an accredited
11 postsecondary four (4) year institution;
12 (2) successfully completes an alternative teacher certification
13 program that includes:
14 (A) the required content training in the area in which the
15 individual seeks to be licensed;
16 (B) pedagogy training and an examination that is in
17 substantive alignment with nationally recognized pedagogical
18 standards and teaches effective:
19 (i) instructional delivery;
20 (ii) classroom management and organization;
21 (iii) assessment;
22 (iv) instructional design; and
23 (v) professional learning and leadership;
24 (C) successful demonstration of content area proficiency in an
25 examination that includes content area material in substantive
26 alignment with nationally recognized content area standards in
27 the areas that the individual is required to have a license to
28 teach;
29 (D) verification from a third party that regularly reviews
30 educational and professional examinations that the alternative
31 certification examination is equal to or greater in rigor than the
32 written examination under section 12 of this chapter;
33 (E) content within the curriculum that prepares teacher
34 candidates to use evidence based trauma informed classroom
35 instruction, including instruction in evidence based social
36 emotional learning classroom practices that are conducive to
37 supporting students who have experienced trauma that may
38 interfere with a student's academic functioning; and
39 (F) content within the curriculum that:
40 (i) beginning July 1, 2024, is aligned to the science of
41 reading; and
42 (ii) beginning July 1, 2024, prepares teacher candidates or
2025 IN 373—LS 7358/DI 143 5
1 program participants who seek to obtain an elementary
2 generalist license that is valid for teaching in kindergarten
3 through grade 5 or an early childhood license that is valid
4 for teaching prekindergarten through grade 3 to obtain the
5 literacy endorsement required under section 19.7 of this
6 chapter;
7 (3) successfully completes a Praxis Subject Assessment; an
8 applicable teacher licensing exam as approved by the state
9 board;
10 (4) holds a valid cardiopulmonary resuscitation certification from
11 a provider approved by the department; and
12 (5) has attended youth suicide awareness and prevention training.
13 (b) The individual must complete a one (1) year practical experience
14 program during the individual's first year in the classroom when the
15 individual is employed as a full-time teacher. The provider must:
16 (1) provide the practical experience program at no cost to the state
17 or to the school corporation, charter school, or state accredited
18 nonpublic school; and
19 (2) as part of the practical instruction program, provide
20 instruction in:
21 (A) instructional design and planning;
22 (B) effective instructional delivery;
23 (C) classroom management and organization;
24 (D) effective use of assessment data;
25 (E) content in federal and Indiana special education laws; and
26 (F) required awareness, preparation, and understanding of:
27 (i) individualized education programs;
28 (ii) service plans developed under 511 IAC 7-34;
29 (iii) choice special education plans developed under 511
30 IAC 7-49; and
31 (iv) plans developed under Section 504 of the federal
32 Rehabilitation Act of 1973, 29 U.S.C. 794.
33 (c) An in-state alternative teacher certification program under
34 subsection (a)(2) must operate in accordance with the procedures and
35 program approval standards and requirements set by the department
36 and the state board for teacher education programs for the licensure of
37 teachers.
38 (d) An out-of-state alternative teacher certification program under
39 subsection (a)(2) must:
40 (1) currently operate in at least five (5) states; and
41 (2) have operated an alternative teacher certification program for
42 at least ten (10) years.
2025 IN 373—LS 7358/DI 143 6
1 (e) An individual who receives an alternative teacher certification
2 under subsection (a)(2) is authorized to teach the subject and
3 educational level that the individual has successfully completed.
4 (f) An individual who receives an initial practitioner license under
5 this section shall be treated in the same manner as an individual who
6 receives an initial practitioner license after completing a traditional
7 teacher preparation program.
8 (g) An individual who graduates from an alternative teacher
9 certification program must be treated in the same manner as a
10 traditional teacher preparation program graduate during the transition
11 from an initial practitioner license to a practitioner license.
12 (h) An individual who receives an initial practitioner license under
13 this section may not teach a special education course for a special
14 education student for the period the individual maintains a license
15 under this section unless the individual is at least twenty-six (26) years
16 of age and employed in a school setting or with another community
17 organization, including a for-profit or nonprofit organization, to
18 provide care or instruction for a student with a physical, intellectual, or
19 developmental disability. However, an individual who receives an
20 initial practitioner license under this section may not be a teacher of
21 record for a special education student for the period the individual
22 maintains the initial practitioner license.
23 (i) A school corporation, charter school, or state accredited
24 nonpublic school shall submit a plan to the department if the school
25 corporation, charter school, or state accredited nonpublic school hires
26 one (1) or more individuals who have received an initial practitioner
27 license under this section. The plan must be submitted in a manner
28 prescribed by the department and must include a description of how the
29 school corporation, charter school, or state accredited nonpublic school
30 will, excluding the practical experience program described in
31 subsection (b), provide an individual who receives an initial
32 practitioner license under this section opportunities to obtain exposure
33 to classroom management and instructional techniques, including
34 meaningful exposure to special education. The plan is a public record.
35 (j) Not later than July 1, 2024, the department shall prepare a report
36 that shall be submitted to the general assembly in an electronic format
37 under IC 5-14-6. The report must contain the following information:
38 (1) Data showing how many teachers obtained an initial
39 practitioner license under this section.
40 (2) A description of the number of teachers who received an
41 initial practitioner license under this section who are currently
42 employed as a teacher by each:
2025 IN 373—LS 7358/DI 143 7
1 (A) school corporation;
2 (B) charter school; or
3 (C) state accredited nonpublic school.
4 The description must include a breakdown of the subjects taught
5 by teachers who receive an initial practitioner license under this
6 section.
7 (3) A comparison of the Praxis Subject Assessment pass rates for
8 individuals who receive an initial practitioner license under this
9 section in comparison with the Praxis Subject Assessment pass
10 rates for teachers who obtained an initial practitioner license
11 using a different pathway to licensure.
12 (4) A description of how many teachers who received an initial
13 practitioner license under this section are rated as effective or
14 highly effective.
15 SECTION 5. IC 20-30-7-1, AS AMENDED BY P.L.5-2024,
16 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
17 JULY 1, 2025]: Sec. 1. (a) Except as provided in subsection (c), the
18 state board may prescribe a program of summer school education for
19 public schools. Subject to subsection (b), the state board shall adopt
20 rules under IC 4-22-2 to provide for:
21 (1) summer school programs; and
22 (2) the state distribution formula for any money appropriated by
23 the general assembly for summer school education to allow for
24 the reimbursement funding for approved summer school
25 programs on a per student basis.
26 (A) instructional costs; and
27 (B) costs of tuition for an applicable online summer school
28 course.
29 (b) The state board shall give priority reimbursement which must be
30 exempt from the distribution formula adopted by the state board under
31 subsection (a), for all eligible costs for summer school courses that
32 include curriculum aligned with the science of reading designated by
33 the department to support students in:
34 (1) grade 2 who are at risk of not being reading proficient; and
35 (2) grade 3 who are not reading proficient;
36 as indicated on the determinant evaluation of reading skills approved
37 by the state board under IC 20-32-8.5-2.
38 (c) A state accredited nonpublic school and an eligible school (as
39 defined in IC 20-51-1-4.7) shall be eligible for summer school funding
40 for courses that include curriculum aligned with the science of reading
41 designated by the department to support students in:
42 (1) grade 2 who are at risk of not being reading proficient; and
2025 IN 373—LS 7358/DI 143 8
1 (2) grade 3 who are not reading proficient;
2 as indicated on the determinant evaluation of reading skills approved
3 by the state board under IC 20-32-8.5-2.
4 SECTION 6. IC 20-32-8.5-2, AS AMENDED BY THE
5 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
6 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the
8 plan required by this chapter must include the following:
9 (1) Reading skill standards for grade 1 through grade 3.
10 (2) A method for making determinant evaluations by grade 3 that
11 remedial action is required for a student, including:
12 (A) beginning with evaluations administered during the
13 2024-2025 school year, and except as provided in subsection
14 (c), retention of the student in grade 3 if the student has not
15 achieved a passing score on the determinant evaluation of
16 reading skills approved by the state board after the student has
17 had an opportunity to retake the determinant evaluation in the
18 summer; and
19 (B) the use of curricular materials and supplemental materials
20 aligned to the science of reading that are designed to address
21 deficiencies in reading;
22 after other methods of remediation have been evaluated or used,
23 or both, if reading skills are below the standard. Appropriate
24 consultation with parents or guardians must be part of the plan.
25 (3) A requirement that schools notify a student's parent of the
26 following:
27 (A) The student's assessment results regarding skill level in:
28 (i) phonemic awareness;
29 (ii) phonics;
30 (iii) fluency;
31 (iv) vocabulary; and
32 (v) comprehension.
33 (B) The student's assessment results on the determinant
34 evaluation of reading skills approved by the state board.
35 (C) Any intervention provided to the student or any remedial
36 action taken.
37 (4) A requirement that schools monitor the progress of students
38 who failed to achieve a valid passing score on the:
39 (A) determinant evaluation of reading skills approved by the
40 state board; or
41 (B) statewide assessment program test.
42 (5) A requirement that schools provide reading instruction that
2025 IN 373—LS 7358/DI 143 9
1 includes a core reading program aligned with the science of
2 reading to all students in kindergarten through grade 8.
3 (6) A requirement for the administration of the determinant
4 evaluation of reading skills approved by the state board to
5 students in grade 2.
6 (7) A requirement that all students take the determinant
7 evaluation of reading skills approved by the state board until the
8 student:
9 (A) receives a passing score, regardless of the student's grade
10 level; or
11 (B) enters grade 7.
12 (8) A requirement that a school report the following to the
13 department:
14 (A) The literacy interventions that will be used for students in
15 grade 2 who are at risk of not being reading proficient and
16 students in grade 3 who do not achieve a valid passing score
17 on the determinant evaluation of reading skills approved by
18 the state board.
19 (B) The literacy interventions in use before the adoption of the
20 plan for students in grade 2 who are at risk of not being
21 reading proficient and students in grade 3 who do not achieve
22 a valid passing score on the determinant evaluation of reading
23 skills approved by the state board.
24 (C) The literacy interventions in use before the adoption of the
25 plan for students who do not achieve a valid passing score on
26 the determinant evaluation of reading skills approved by the
27 state board.
28 (D) The number of students being served by the interventions
29 described in clauses (B) and (C).
30 (E) The cost of providing the interventions described in
31 clauses (B) and (C).
32 (F) Any other information requested by the department.
33 (9) Requirements for a school in which fewer than seventy
34 percent (70%) of students of the school achieved a valid passing
35 score on the determinant evaluation of reading skills approved by
36 the state board that must include the following:
37 (A) Use of curriculum that is:
38 (i) based on the science of reading; and
39 (ii) age appropriate; and
40 (ii) (iii) approved by the department.
41 (B) Employment of the following:
42 (i) Before July 1, 2025, an instructional coach who is trained
2025 IN 373—LS 7358/DI 143 10
1 in the science of reading, as determined by the department.
2 This item expires January 1, 2026.
3 (ii) After June 30, 2025, an instructional coach with a
4 literacy related endorsement who is trained in the science of
5 reading.
6 (C) Use of only benchmark, formative, interim, or similar
7 assessments that:
8 (i) show alignment with Indiana's academic standards; and
9 (ii) are approved by the department.
10 (D) Use of a screener procured under IC 20-32-5.1-17(j).
11 (10) The fiscal impact of each component of the plan, if any. In
12 determining whether a component has a fiscal impact,
13 consideration shall be given to whether the component will
14 increase costs to the state or a school corporation or require the
15 state or school corporation to reallocate resources.
16 (b) A school may receive a waiver of the requirements provided in
17 511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
18 reading plan provided by the school.
19 (c) A student who would otherwise be subject to retention in grade
20 3 under the plan is not subject to the retention requirement only if the
21 student meets one (1) of the following criteria:
22 (1) The student was subject to retention and has been retained in
23 grade 3 for one (1) school year.
24 (2) The student has an intellectual disability or the student's
25 individualized education program specifies that retention is not
26 appropriate, and the student's case conference committee has
27 determined that promotion to another grade is appropriate.
28 (3) The student is an English learner who has received services
29 for fewer than two (2) years and a committee consisting of:
30 (A) the student's parent;
31 (B) a building level administrator or designee;
32 (C) a classroom teacher of service;
33 (D) an English learner teacher of record, if one exists; and
34 (E) an English learner district administrator, if one exists;
35 determines that promotion is appropriate based on the
36 implementation of research based instructional practices outlined
37 in the student's individual learning plan.
38 (4) The student received a score of proficient or above proficient
39 in grade 3 math on the statewide summative assessment.
40 (5) The student:
41 (A) has received intensive intervention as determined by the
42 department in reading for two (2) or more years; and
2025 IN 373—LS 7358/DI 143 11
1 (B) was retained more than one (1) time throughout
2 kindergarten, grade 1, or grade 2.
3 (d) A student who is not subject to the retention requirement as
4 provided under subsection (c) must be provided with additional
5 reading instruction that is aligned with the science of reading until the
6 student achieves a passing score on the determinant evaluation of
7 reading skills approved by the state board.
8 (e) This subsection applies after June 30, 2024. Before October 1 of
9 each school year, the department shall:
10 (1) identify each incoming student (as defined in section 0.7 of
11 this chapter) enrolled in kindergarten in a school in Indiana; and
12 (2) notify the parent or guardian of the student of the retention
13 requirement under this chapter for grade 3 students who do not
14 achieve a passing score on the Indiana reading evaluation and
15 determination (IRead3).
16 (f) The department shall establish a standard reporting process and
17 reporting window for schools to report students who qualify for an
18 exemption under subsection (c).
19 SECTION 7. IC 20-35-2-1, AS AMENDED BY P.L.162-2024,
20 SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2025]: Sec. 1. (a) There is established under the state board
22 department a division of special education. The division shall exercise
23 all the power and duties set out in this chapter, IC 20-35-3 through
24 IC 20-35-6, and IC 20-35-8.
25 (b) The governor secretary of education shall appoint upon the
26 recommendation of the secretary of education, a director of special
27 education who serves at the pleasure of the governor. secretary of
28 education. The amount of compensation of the director shall be
29 determined by the budget agency with the approval of the governor.
30 The director has the following duties:
31 (1) To shall do the following:
32 (A) (1) Have general supervision of special education
33 programs and services, including those conducted by school
34 corporations, charter schools, the Indiana School for the Blind
35 and Visually Impaired, the Indiana School for the Deaf, the
36 department of correction, and the division of mental health and
37 addiction to ensure compliance with federal and state special
38 education laws and rules.
39 (B) (2) Take appropriate action to ensure school corporations,
40 charter schools, and the department remain eligible for federal
41 special education funds.
42 (C) (3) Oversee the training of hearing officers and establish
2025 IN 373—LS 7358/DI 143 12
1 guidelines as described in IC 20-35-14-5.
2 (2) With the consent of the secretary of education and the budget
3 agency, to appoint and determine salaries for any assistants and
4 other personnel needed to enable the director to accomplish the
5 duties of the director's office.
6 SECTION 8. IC 20-51-3-8, AS ADDED BY P.L.182-2009(ss),
7 SECTION 364, IS AMENDED TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 8. The department may, in a
9 proceeding under IC 4-21.5, suspend or terminate the certification of
10 an organization as a scholarship granting organization if the department
11 establishes that the scholarship granting organization:
12 (1) has intentionally and substantially failed to comply with the
13 requirements of this article or an agreement entered into under
14 this article; or
15 (2) has not granted a school scholarship, as defined in
16 IC 20-51-1-8, for either three (3) consecutive years or within
17 the first two (2) years of operation as a certified scholarship
18 granting organization.
2025 IN 373—LS 7358/DI 143