First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE ENROLLED ACT No. 1
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 11-10-5-2; (11)SE0001.1.1. -->
SECTION 1. IC 11-10-5-2, AS AMENDED BY P.L.246-2005,
SECTION 96, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. The advisory board of the division of
professional standards of the department of education established by
IC 20-28-2-2 state board of education shall, in accord with
IC 20-28-4 and IC 20-28-5, adopt rules under IC 4-22-2 for the
licensing of teachers to be employed by the department.
SOURCE: IC 11-10-5-3; (11)SE0001.1.2. -->
SECTION 2. IC 11-10-5-3, AS AMENDED BY P.L.246-2005,
SECTION 97, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. Limited certificates valid for one (1) year may
be granted, upon the request of the commissioner, according to rules of
the
advisory board of the division of professional standards of the
department of education established by IC 20-28-2-2. state board of
education. Modification of these rules may be made by the
advisory
board of the division of professional standards of the department of
education established by IC 20-28-2-2 state board of education in a
way reasonably calculated to make available an adequate supply of
qualified teachers. A limited certificate may be issued in cases where
special education and qualifications warrant the waiver of part of the
prerequisite professional education required for certification to teach
in the public schools. The limited certificate, however, may be issued
only to applicants who have graduated from an accredited college or
university. Teachers of vocational education need not be graduates of
an accredited college or university but shall meet requirements for
conditional vocational certificates as determined by the department of
education.
SOURCE: IC 20-18-2-16; (11)SE0001.1.3. -->
SECTION 3. IC 20-18-2-16, AS AMENDED BY P.L.2-2006,
SECTION 77, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. (a) "School corporation", for purposes of this
title (except IC 20-20-33, IC 20-26-1 through IC 20-26-5, IC 20-26-7,
IC 20-30-8, and IC 20-43), means a public school corporation
established by Indiana law. The term includes a:
(1) school city;
(2) school town;
(3) school township;
(4) consolidated school corporation;
(5) metropolitan school district;
(6) township school corporation;
(7) county school corporation;
(8) united school corporation; or
(9) community school corporation.
(b) "School corporation", for purposes of IC 20-26-1 through
IC 20-26-5 and IC 20-26-7, has the meaning set forth in IC 20-26-2-4.
(c) "School corporation", for purposes of IC 20-20-33 and
IC 20-30-8, includes a charter school (as defined in IC 20-24-1-4).
(d) "School corporation", for purposes of IC 20-43, has the meaning
set forth in IC 20-43-1-23.
(e) "School corporation", for purposes of IC 20-28-11.5, has the
meaning set forth in IC 20-28-11.5-3.
SOURCE: IC 20-18-2-22; (11)SE0001.1.4. -->
SECTION 4. IC 20-18-2-22, AS ADDED BY P.L.246-2005,
SECTION 126, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: 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) For purposes of IC 20-28, the term includes the following:
(1) A superintendent.
(2) A supervisor.
(3) (2) A principal.
(4) An attendance officer.
(5) (3) A teacher.
(6) (4) A librarian.
SOURCE: IC 20-19-2-8; (11)SE0001.1.5. -->
SECTION 5. IC 20-19-2-8, AS AMENDED BY HEA 1429-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) In addition to any other powers and duties
prescribed by law, the state board shall adopt rules under IC 4-22-2
concerning, but not limited to, the following matters:
(1) The designation and employment of the employees and
consultants necessary for the department. The state board shall fix
the compensation of employees of the department, subject to the
approval of the budget committee and the governor under
IC 4-12-2.
(2) The establishment and maintenance of standards and
guidelines for media centers, libraries, instructional materials
centers, or any other area or system of areas in a school where a
full range of information sources, associated equipment, and
services from professional media staff are accessible to the school
community. With regard to library automation systems, the state
board may only adopt rules that meet the standards established by
the state library board for library automation systems under
IC 4-23-7.1-11(b).
(3) The establishment and maintenance of standards for student
personnel and guidance services.
(4) The establishment and maintenance of minimum standards for
driver education programs (including classroom instruction and
practice driving) and equipment. Classroom instruction standards
established under this subdivision must include instruction about:
(A) railroad-highway grade crossing safety; and
(B) the procedure for participation in the human organ donor
program;
and must provide, effective July 1, 2010, that the classroom
instruction may not be provided to a child less than fifteen (15)
years and one hundred eighty (180) days of age.
(5) The inspection of all public schools in Indiana to determine
the condition of the schools. The state board shall establish
standards governing the accreditation of public schools.
Observance of:
(A) IC 20-31-4;
(B) IC 20-28-5-2;
(C) IC 20-28-6-3 through IC 20-28-6-7;
(D) IC 20-28-9-7 and IC 20-28-9-8;
(E) IC 20-28-11; (D) IC 20-28-11.5; and
(F) (E) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6, and
IC 20-32-8;
is a prerequisite to the accreditation of a school. Local public
school officials shall make the reports required of them and
otherwise cooperate with the state board regarding required
inspections. Nonpublic schools may also request the inspection
for classification purposes. Compliance with the building and site
guidelines adopted by the state board is not a prerequisite of
accreditation.
(6) The distribution of funds and revenues appropriated for the
support of schools in the state.
(7) The state board may not establish an accreditation system for
nonpublic schools that is less stringent than the accreditation
system for public schools.
(8) A separate system for recognizing nonpublic schools under
IC 20-19-2-10. Recognition of nonpublic schools under this
subdivision constitutes the system of regulatory standards that
apply to nonpublic schools that seek to qualify for the system of
recognition.
(9) The establishment and enforcement of standards and
guidelines concerning the safety of students participating in
cheerleading activities.
(10) Subject to IC 20-28-2, the preparation and licensing of
teachers.
(b) Before final adoption of any rule, the state board shall make a
finding on the estimated fiscal impact that the rule will have on school
corporations.
SOURCE: IC 20-20-31-10; (11)SE0001.1.6. -->
SECTION 6. IC 20-20-31-10, AS ADDED BY P.L.246-2005,
SECTION 128, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. The state board shall approve
an evaluation system for professional development based on
recommendations from the department.
and the advisory board of the
division of professional standards established by IC 20-28-2-2. The
department shall develop a means for measuring successful programs
and activities in which schools participate. The measurements must
include the following:
(1) A mechanism to identify and develop strategies to collect
multiple forms of data that reflect the achievement of expectations
for all students. The data may include the results of ISTEP
program tests under IC 20-31-3, IC 20-32-4, IC 20-32-5, and
IC 20-32-6, local tests, classroom work, and teacher and
administrator observations.
(2) A procedure for using collected data to make decisions.
(3) A method of evaluation in terms of educator's practice and
student learning, including standards for effective teaching and
effective professional development.
SOURCE: IC 20-20-39; (11)SE0001.1.7. -->
SECTION 7. IC 20-20-39 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 39. Operational Efficiency Reviews
Sec. 1. Before October 1, 2011, the department shall develop a
program to provide training and evaluations for school
corporations in operational efficiency.
Sec. 2. The department may contract with an outside entity to
provide quality training for the department, school corporations,
and superintendents in the area of efficiency and cost savings.
Sec. 3. A school corporation shall submit to the department any
information the department determines is necessary to:
(1) evaluate the school corporation's current operations; and
(2) recommend operational efficiencies and financial savings
for the school corporation.
SOURCE: IC 20-24-6-10; (11)SE0001.1.8. -->
SECTION 8. IC 20-24-6-10, AS ADDED BY P.L.1-2005,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10. (a) The governing body:
(1) must grant a transfer of not more than two (2) years; and
(2) may grant a transfer for a period in addition to the period
required in subdivision (1);
to a teacher of a noncharter school in the school corporation who
wishes to teach and has been accepted to teach at a nonconversion
charter school.
(b) During the term of the transfer under subsection (a):
(1) the teacher's seniority status under law continues as if the
teacher were an employee of a noncharter school in the school
corporation; and
(2) the teacher's years as a charter school employee shall not be
considered for purposes of permanent or semipermanent status
with the school corporation under IC 20-28-6, IC 20-28-7,
IC 20-28-7.5, or IC 20-28-8.
SOURCE: IC 20-24-8-4; (11)SE0001.1.9. -->
SECTION 9. IC 20-24-8-4, AS ADDED BY P.L.246-2005,
SECTION 130, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. Except as specifically provided
in this article and the statutes listed in section 5 of this chapter, the
following do not apply to a charter school:
(1) An Indiana statute applicable to a governing body or school
corporation.
(2) A rule or guideline adopted by the state board.
(3) A rule or guideline adopted by the
advisory state board
of the
division of professional standards established by IC 20-28-2-2,
concerning teachers, except for those rules that assist a teacher
in gaining or renewing a standard or advanced license.
(4) A local regulation or policy adopted by a school corporation
unless specifically incorporated in the charter.
SOURCE: IC 20-24-8-5; (11)SE0001.1.10. -->
SECTION 10. IC 20-24-8-5, AS AMENDED BY P.L.154-2009,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 5. The following statutes and rules and guidelines
adopted under the following statutes apply to a charter school:
(1) IC 5-11-1-9 (required audits by the state board of accounts).
(2) IC 20-39-1-1 (unified accounting system).
(3) IC 20-35 (special education).
(4) IC 20-26-5-10 (criminal history).
(5) IC 20-26-5-6 (subject to laws requiring regulation by state
agencies).
(6) IC 20-28-7-14 (void teacher contract when two (2) contracts
are signed).
(7) (6) IC 20-28-10-12 (nondiscrimination for teacher marital
status).
(8) (7) IC 20-28-10-14 (teacher freedom of association).
(9) (8) IC 20-28-10-17 (school counselor immunity).
(10) (9) For conversion charter schools only, IC 20-28-6,
IC 20-28-7, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
IC 20-28-10.
(11) (10) IC 20-33-2 (compulsory school attendance).
(12) (11) IC 20-33-3 (limitations on employment of children).
(13) (12) IC 20-33-8-19, IC 20-33-8-21, and IC 20-33-8-22
(student due process and judicial review).
(14) (13) IC 20-33-8-16 (firearms and deadly weapons).
(15) (14) IC 20-34-3 (health and safety measures).
(16) (15) IC 20-33-9 (reporting of student violations of law).
(17) (16) IC 20-30-3-2 and IC 20-30-3-4 (patriotic
commemorative observances).
(18) (17) IC 20-31-3, IC 20-32-4, IC 20-32-5, IC 20-32-6,
IC 20-32-8, or any other statute, rule, or guideline related to
standardized testing (assessment programs, including remediation
under the assessment programs).
(19) (18) IC 20-33-7 (parental access to education records).
(20) (19) IC 20-31 (accountability for school performance and
improvement).
(21) (20) IC 20-30-5-19 (personal financial responsibility
instruction).
SOURCE: IC 20-26-5-4; (11)SE0001.1.11. -->
SECTION 11. IC 20-26-5-4, AS AMENDED BY SEA 495-2011,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. In carrying out the school purposes of a school
corporation, the governing body acting on the school corporation's
behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
However, a governing body may not use funds received from the
state to bring or join in an action against the state, unless the
governing body is challenging an adverse decision by a state
agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund an
amount, not to exceed the greater of three thousand dollars
($3,000) per budget year or one dollar ($1) per pupil, not to
exceed twelve thousand five hundred dollars ($12,500), based on
the school corporation's previous year's ADM, to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To:
(A) Acquire, construct, erect, maintain, hold, and contract for
construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7,
to demolish or otherwise dispose of the property if, in the opinion
of the governing body, the property is not necessary for school
purposes and is worthless, and to pay the expenses for the
demolition or disposition.
(7) To lease any school property for a rental that the governing
body considers reasonable or to permit the free use of school
property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the property is not needed for school purposes. Under this
subdivision, the governing body may enter into a long term lease
with a nonprofit corporation, community service organization, or
other governmental entity, if the corporation, organization, or
other governmental entity will use the property to be leased for
civic or public purposes or for a school age child care program.
However, if payment for the property subject to a long term lease
is made from money in the school corporation's debt service fund,
all proceeds from the long term lease must be deposited in the
school corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision.
(8) To:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1.
(C) Classify persons or services described in this subdivision
and to adopt schedules of salaries or compensation that are
consistent with IC 20-28-9-1.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers. The forms and procedures relating to the use of
computer and data processing equipment in handling the financial
affairs of the school corporation must be submitted to the state
board of accounts for approval so that the services are used by the
school corporation when the governing body determines that it is
in the best interest of the school corporation while at the same
time providing reasonable accountability for the funds expended.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) To transport children to and from school, when in the
opinion of the governing body the transportation is necessary,
including considerations for the safety of the children and without
regard to the distance the children live from the school. The
transportation must be otherwise in accordance with applicable
law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To purchase textbooks, to furnish textbooks without cost or
to rent textbooks to students, to participate in a textbook aid
program, all in accordance with applicable law.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. To:
(A) participate in a state employee health plan under
IC 5-10-8-6.6 or IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12, and
IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
and IC 20-48-1 by specific language or by reference to other law.
SOURCE: IC 20-26-5-4.5; (11)SE0001.1.12. -->
SECTION 12. IC 20-26-5-4.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 4.5. (a) The superintendent is
responsible for selecting and discharging principals, central office
administrators, business managers, superintendents of building
and grounds, janitors, physicians, dentists, nurses, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
IC 20-28-5), and any other employees necessary to the operation of
the school corporation, subject to the approval of the governing
body.
(b) Subject to IC 20-28-7.5, the superintendent and principal are
responsible for selecting and discharging teachers, teachers aides,
assistant principals, building administrative staff, librarians, and
any other employees necessary to the operation of the school,
subject to the approval of the governing body.
SOURCE: IC 20-28-2-6; (11)SE0001.1.13. -->
SECTION 13. IC 20-28-2-6, AS AMENDED BY P.L.30-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) Subject to subsection (c) and in addition to
the powers and duties set forth in IC 20-20-22 or this article, the
advisory state board may adopt rules under IC 4-22-2 to do the
following:
(1) Set standards for teacher licensing and for the administration
of a professional licensing and certification process by the
department.
(2) Approve or disapprove teacher preparation programs.
(3) Set fees to be charged in connection with teacher licensing.
(4) Suspend, revoke, or reinstate teacher licenses.
(5) Enter into agreements with other states to acquire reciprocal
approval of teacher preparation programs.
(6) Set standards for teacher licensing concerning new subjects of
study.
(7) Evaluate work experience and military service concerning
postsecondary education and experience equivalency.
(8) Perform any other action that:
(A) relates to the improvement of instruction in the public
schools through teacher education and professional
development through continuing education; and
(B) attracts qualified candidates for teacher education from
among the high school graduates of Indiana.
(9) Set standards for endorsement of school psychologists as
independent practice school psychologists under IC 20-28-12.
(10) Before July 1, 2011, set standards for sign language
interpreters who provide services to children with disabilities in
an educational setting and an enforcement mechanism for the
interpreter standards.
(b) Notwithstanding subsection (a)(1), an individual is entitled to
one (1) year of occupational experience for purposes of obtaining an
occupational specialist certificate under this article for each year the
individual holds a license under IC 25-8-6.
(c) Before publishing notice of the intent to adopt a rule under
IC 4-22-2, the advisory board must submit the proposed rule to the
state superintendent for approval. If the state superintendent approves
the rule, the advisory board may publish notice of the intent to adopt
the rule. If the state superintendent does not approve the rule, the
advisory board may not publish notice of the intent to adopt the rule.
(d) (c) The advisory state board may adopt rules under IC 4-22-2,
including emergency rules under IC 4-22-2-37.1, to establish
procedures to expedite the issuance, renewal, or reinstatement under
this article of a license or certificate of a person whose spouse serves
on active duty (as defined in IC 25-1-12-2) and is assigned to a duty
station in Indiana. Before publishing notice of the intent to adopt a
permanent rule under IC 4-22-2, the advisory board must comply with
subsection (c).
SOURCE: IC 20-28-2-8; (11)SE0001.1.14. -->
SECTION 14. IC 20-28-2-8, AS ADDED BY P.L.246-2005,
SECTION 144, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 8. (a) The department may, subject
to approval by the budget agency, do the following to administer the
responsibilities of the department described in section 2 of under this
chapter:
(1) Establish advisory committees the department determines
necessary.
(2) Expend funds made available to the department according to
policies established by the budget agency.
(b) The department shall comply with the requirements for
submitting a budget request to the budget agency as set forth in
IC 4-12-1, for funds to administer the responsibilities of the department
described in section 1 of this chapter.
SOURCE: IC 20-28-4-4; (11)SE0001.1.15. -->
SECTION 15. IC 20-28-4-4, AS AMENDED BY P.L.2-2007,
SECTION 215, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 4. Each accredited teacher
education school and department in Indiana shall An entity approved
by the department may establish a course of study that constitutes the
postsecondary education component of the program. The postsecondary
education component required meets the requirements of this
section. A program approved under this section must comply with the
following requirements:
(1) Include the following study requirements:
(A) For a program participant who seeks to obtain a license to
teach in grades 6 5 through 12, up to eighteen (18) credit hours
of study or the equivalent that:
(i) prepare a program participant to meet Indiana standards
for teaching in the subject areas corresponding to the area in
which the program participant has met the education
requirements under section 5 of this chapter, unless the
program participant demonstrates that the program
participant requires fewer credit hours of study to meet
Indiana standards for teaching; and
(ii) provides the program participants with instruction in
scientifically based reading instruction.
(B) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, twenty-four (24)
credit hours of study or the equivalent, which must include at
least six (6) credit hours in teaching scientifically based
reading instruction, that prepare a program participant to
meet Indiana standards for teaching, unless the program
participant demonstrates that the program participant requires
fewer credit hours of study to meet Indiana standards for
teaching.
(2) Focus on the communication of knowledge to students.
student mastery of standards established by the state.
(3) Include suitable field or classroom experiences if the program
participant does not have teaching experience.
SOURCE: IC 20-28-4-5; (11)SE0001.1.16. -->
SECTION 16. IC 20-28-4-5, AS AMENDED BY P.L.2-2007,
SECTION 216, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 5. An individual who wishes to
participate in the program must have one (1) of the following
qualifications:
(1) For a program participant who seeks to obtain a license to
teach in grades
6 5 through 12, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited postsecondary educational institution in the
subject area that the individual intends to teach.
(B) A graduate degree from an accredited postsecondary
educational institution in the subject area
or a related field
that the individual intends to teach.
(C) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience;
in the subject
or a related area that the individual intends to
teach.
(2) For a program participant who seeks to obtain a license to
teach in kindergarten through grade 5, 6, one (1) of the following:
(A) A bachelor's degree or the equivalent with a grade point
average of at least three (3.0) on a four (4.0) point scale from
an accredited institution of higher education.
(B) Both:
(i) a bachelor's degree from an accredited postsecondary
educational institution with a grade point average of at least
two and five-tenths (2.5) on a four (4.0) point scale; and
(ii) five (5) years professional experience in an education
related field, as determined by the department.
SOURCE: IC 20-28-4-6; (11)SE0001.1.17. -->
SECTION 17. IC 20-28-4-6, AS AMENDED BY P.L.2-2007,
SECTION 217, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. The department shall grant an
initial standard practitioner license to a program participant who does
the following:
(1) Successfully completes the postsecondary education
component requirements of the program.
(2) Demonstrates proficiency through a written examination in:
(A) basic reading, writing, and mathematics;
(B) pedagogy; and
(C) knowledge of the areas in which the program participant
is required to have a license to teach;
under IC 20-28-5-12(b).
(3) Participates successfully in a beginning teacher internship
residency program under IC 20-6.1-8 (repealed) that includes
implementation in a classroom of the teaching skills learned in the
postsecondary education component of the program.
(4) Receives a successful assessment of teaching skills upon
completion of the beginning teacher internship residency
program under subdivision (3) from the administrator of the
school where the beginning teacher internship residency program
takes place, or, if the program participant does not receive a
successful assessment, continues participating in the beginning
teacher internship residency program.
SOURCE: IC 20-28-4-7; (11)SE0001.1.18. -->
SECTION 18. IC 20-28-4-7, AS ADDED BY P.L.246-2005,
SECTION 153, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7. This section applies to a program
participant who has a degree
or related experience described in
section 5 of this chapter that does not include all the content areas of
a
standard proficient practitioner license issued by the department.
The department shall issue an initial standard practitioner license that
is restricted to only the content areas in which the program participant
has a degree unless the program participant demonstrates sufficient
knowledge in other content areas of the license.
SOURCE: IC 20-28-4-9; (11)SE0001.1.19. -->
SECTION 19. IC 20-28-4-9, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. After receiving an initial standard practitioner
license under section 6 or 7 of this chapter, a program participant who
seeks to renew the participant's initial standard practitioner license
must meet the same requirements for license renewal as other
candidates for license renewal.
SOURCE: IC 20-28-4-10; (11)SE0001.1.20. -->
SECTION 20. IC 20-28-4-10, AS ADDED BY P.L.246-2005,
SECTION 154, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. (a) The advisory state board
may adopt rules under IC 4-22-2 to administer this chapter.
(b) Rules adopted under this section must include a requirement that
accredited teacher education schools and departments in Indiana
entities approved to offer the program submit an annual report to the
department of the number of individuals who:
(1) enroll in; and
(2) complete;
the program.
SOURCE: IC 20-28-4-11; (11)SE0001.1.21. -->
SECTION 21. IC 20-28-4-11, AS AMENDED BY P.L.121-2009,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 11. (a) This section applies only to:
(1) a school corporation; or
(2) a subject area;
that is designated by the state board as having an insufficient supply of
licensed teachers.
(b) The governing body of a school corporation or the appointing
authority of an accredited nonpublic school may employ a program
participant if the program participant is hired to teach in a subject area
or a school corporation to which this section applies.
(c) Before employing a program participant under subsection (b),
the superintendent of the school corporation must make a
determination that one (1) of the following conditions exists:
(1) There is no fully certified and highly
qualified effective
teacher available for the position.
(2) The program participant is the best qualified candidate for the
position.
(d) A program participant who is employed under this section is
eligible to receive a transition to teaching permit. The transition to
teaching permit is valid for three (3) years, and may not be renewed.
(e) A program participant who is employed under this section:
(1) shall enter into either:
(A) a regular teacher's contract under IC 20-28-6-5; or
(B) a temporary teacher's contract under IC 20-28-6-6, if
replacing a teacher on a leave of absence;
(2) is eligible to participate in a mentor teacher program; and
(3) satisfies the field or classroom experience component of the
program under section 4(3) of this chapter.
(f) The state board:
(1) shall review; and
(2) may renew;
the designation of a school corporation or a subject area as having an
insufficient supply of licensed teachers not more than two (2) years
following the initial designation under subsection (a).
SOURCE: IC 20-28-5-2; (11)SE0001.1.22. -->
SECTION 22. IC 20-28-5-2, AS ADDED BY P.L.246-2005,
SECTION 156, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 2. The advisory state board may
adopt rules for:
(1) the issuance of a substitute teacher's license; and
(2) the employment of substitute teacher licensees.
An individual may not serve as a substitute teacher without a license
issued by the department.
SOURCE: IC 20-28-5-3; (11)SE0001.1.23. -->
SECTION 23. IC 20-28-5-3, AS AMENDED BY P.L.75-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) The department shall designate
(1) the grade point average required for each type of license. and
(2) the types of licenses to which the teachers' minimum salary
laws apply, including nonrenewable one (1) year limited licenses.
(b) The department shall determine details of licensing not provided
in this chapter, including requirements regarding the following:
(1) The conversion of one (1) type of license into another.
(2) The accreditation of teacher education schools and
departments.
(3) The exchange and renewal of licenses.
(4) The endorsement of another state's license.
(5) The acceptance of credentials from teacher education
institutions of another state.
(6) The academic and professional preparation for each type of
license.
(7) The granting of permission to teach a high school subject area
related to the subject area for which the teacher holds a license.
(8) The issuance of licenses on credentials.
(9) The type of license required for each school position.
(10) The size requirements for an elementary school requiring a
licensed principal.
(11) Any other related matters.
The department shall establish at least one (1) system for renewing a
teaching license that does not require a graduate degree.
(c) This subsection does not apply to an applicant for a substitute
teacher license. After June 30, 2007, the department may not issue an
initial teaching practitioner license at any grade level to an applicant
for an initial teaching practitioner license unless the applicant shows
evidence that the applicant:
(1) has successfully completed training approved by the
department in:
(A) cardiopulmonary resuscitation that includes a test
demonstration on a mannequin;
(B) removing a foreign body causing an obstruction in an
airway; and
(C) the Heimlich maneuver;
(2) holds a valid certification in each of the procedures described
in subdivision (1) issued by:
(A) the American Red Cross;
(B) the American Heart Association; or
(C) a comparable organization or institution approved by the
advisory board; or
(3) has physical limitations that make it impracticable for the
applicant to complete a course or certification described in
subdivision (1) or (2).
(d) The department shall periodically publish bulletins regarding:
(1) the details described in subsection (b);
(2) information on the types of licenses issued;
(3) the rules governing the issuance of each type of license; and
(4) other similar matters.
SOURCE: IC 20-28-5-8; (11)SE0001.1.24. -->
SECTION 24. IC 20-28-5-8, AS AMENDED BY P.L.121-2009,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) This section applies when a prosecuting
attorney knows that a licensed employee of a public school or a
nonpublic school has been convicted of an offense listed in subsection
(c). The prosecuting attorney shall immediately give written notice of
the conviction to the following:
(1) The state superintendent.
(2) Except as provided in subdivision (3), the superintendent of
the school corporation that employs the licensed employee or the
equivalent authority if a nonpublic school employs the licensed
employee.
(3) The presiding officer of the governing body of the school
corporation that employs the licensed employee, if the convicted
licensed employee is the superintendent of the school corporation.
(b) The superintendent of a school corporation, presiding officer of
the governing body, or equivalent authority for a nonpublic school shall
immediately notify the state superintendent when the individual knows
that a current or former licensed employee of the public school or
nonpublic school has been convicted of an offense listed in subsection
(c), or when the governing body or equivalent authority for a nonpublic
school takes any final action in relation to an employee who engaged
in any offense listed in subsection (c).
(c) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of any of the following felonies:
(1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen
(18) years of age.
(2) Criminal confinement (IC 35-42-3-3), if the victim is less than
eighteen (18) years of age.
(3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18)
years of age.
(4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less
than eighteen (18) years of age.
(5) Child molesting (IC 35-42-4-3).
(6) Child exploitation (IC 35-42-4-4(b)).
(7) Vicarious sexual gratification (IC 35-42-4-5).
(8) Child solicitation (IC 35-42-4-6).
(9) Child seduction (IC 35-42-4-7).
(10) Sexual misconduct with a minor (IC 35-42-4-9).
(11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18)
years of age.
(12) Dealing in or manufacturing cocaine or a narcotic drug
(IC 35-48-4-1).
(13) Dealing in methamphetamine (IC 35-48-4-1.1).
(14) Dealing in a schedule I, II, or III controlled substance
(IC 35-48-4-2).
(15) Dealing in a schedule IV controlled substance
(IC 35-48-4-3).
(16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
(17) Dealing in a counterfeit substance (IC 35-48-4-5).
(18) Dealing in marijuana, hash oil, or hashish
(IC 35-48-4-10(b)).
(19) Possession of child pornography (IC 35-42-4-4(c)).
(20) Homicide (IC 35-42-1).
(d) The department, after holding a hearing on the matter, shall
permanently revoke the license of a person who is known by the
department to have been convicted of a federal offense or an
offense in another state that is comparable to a felony listed in
subsection (c).
(d) (e) A license may be suspended by the state superintendent as
specified in
IC 20-28-7-7. IC 20-28-7.5.
(e) (f) The department shall develop a data base of information on
school corporation employees who have been reported to the
department under this section.
SOURCE: IC 20-28-5-12; (11)SE0001.1.25. -->
SECTION 25. IC 20-28-5-12, AS ADDED BY P.L.246-2005,
SECTION 163, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) Subsection (b) does not
apply to an individual who held an Indiana limited, reciprocal, or
standard teaching license on June 30, 1985.
(b) The department may not grant an initial standard practitioner
license to an individual unless the individual has demonstrated
proficiency in the following areas on a written examination or through
other procedures prescribed by the department:
(1) Basic reading, writing, and mathematics.
(2) Pedagogy.
(3) Knowledge of the areas in which the individual is required to
have a license to teach.
(4) If the individual is seeking to be licensed as an elementary
school teacher, comprehensive scientifically based reading
instruction skills, including:
(A) phonemic awareness; and
(B) phonics instruction;
(C) fluency;
(D) vocabulary; and
(E) comprehension.
(c) An individual's license examination score may not be disclosed
by the department without the individual's consent unless specifically
required by state or federal statute or court order.
(d) The advisory state board shall adopt rules under IC 4-22-2 to do
the following:
(1) Adopt, validate, and implement the examination or other
procedures required by subsection (b).
(2) Establish examination scores indicating proficiency.
(3) Otherwise carry out the purposes of this section.
(e) The state board shall adopt rules under IC 4-22-2 establishing
the conditions under which the requirements of this section may be
waived for an individual holding a valid teacher's license issued by
another state.
SOURCE: IC 20-28-5-13; (11)SE0001.1.26. -->
SECTION 26. IC 20-28-5-13, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 13. (a) This section applies to an examination
required for teacher licensure under this chapter.
(b) If an individual does not demonstrate the level of proficiency
required to receive a license on all or a part of an examination, the
examination's scorer must provide the individual with the individual's
test scores. including subscores for each area tested.
SOURCE: IC 20-28-5-14; (11)SE0001.1.27. -->
SECTION 27. IC 20-28-5-14, AS ADDED BY P.L.246-2005,
SECTION 164, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14. If the department is notified by
the department of state revenue that an individual is on the most recent
tax warrant list, the department may not grant an initial standard a
license to the individual until:
(1) the individual provides the department with a statement from
the department of state revenue indicating that the individual's
delinquent tax liability has been satisfied; or
(2) the department receives a notice from the commissioner of the
department of state revenue under IC 6-8.1-8-2(k).
SOURCE: IC 20-28-6-7; (11)SE0001.1.28. -->
SECTION 28. IC 20-28-6-7, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. (a) As used in this section, "teacher" includes
an individual who:
(1) holds a substitute teacher's license; and
(2) provides instruction in a joint summer school program under
IC 20-30-7-5.
(b) The supplemental service teacher's contract shall be used when
a teacher provides professional service in evening school or summer
school employment, except when a teacher or other individual is
employed to supervise or conduct noncredit courses or activities.
(c) If a teacher serves more than one hundred twenty (120) days on
a supplemental service teacher's contract in a school year, the following
apply:
(1) Sections 1, 2, 3, and 8 of this chapter.
(2) IC 20-28-10-1 through IC 20-28-10-2. IC 20-28-10-5.
(3) IC 20-28-7-3 through IC 20-28-7-5.
(4) IC 20-28-7-7 through IC 20-28-7-12.
(5) IC 20-28-7-14.
(6) IC 20-28-10-1 through IC 20-28-10-5.
(d) The salary of a teacher on a supplemental service contract must
equal the salary of a teacher on the regular salary schedule of the
school corporation where the teacher will serve. Part-time service on
the supplemental service contract is computed on the basis of six (6)
hours as a full day of service. shall be determined by the
superintendent. The superintendent may, but is not required to,
base the salary on the regular salary schedule for the school
corporation.
SOURCE: IC 20-28-6-7.5; (11)SE0001.1.29. -->
SECTION 29. IC 20-28-6-7.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Sec. 7.5. (a) A teacher who is subject
to section 8 of this chapter is not subject to this section.
(b) After June 30, 2011, a teacher who:
(1) serves under contract as a teacher in a public school
corporation;
(2) has not received a rating in an evaluation under
IC 20-28-11.5 or receives a rating of ineffective in an
evaluation under IC 20-28-11.5;
(3) has not at any time before July 1, 2012, entered into a
teaching contract for further service with the school
corporation; and
(4) has not received three (3) ratings in a five (5) year period
of effective or highly effective in an evaluation under
IC 20-28-11.5;
shall be considered a probationary teacher.
(c) After June 30, 2011, a teacher who receives a rating of:
(1) effective;
(2) highly effective; or
(3) a combination of both subdivisions (1) and (2);
in an evaluation under IC 20-28-11.5 for at least three (3) years in
a five (5) year or shorter period becomes a professional teacher by
entering into a contract described in section 2 of this chapter.
(d) A professional teacher who receives a rating of ineffective in
an evaluation under IC 20-28-11.5 shall be considered a
probationary teacher but is not subject to the cancellation of the
teacher's contract unless at least one (1) of the following criteria
applies:
(1) The teacher receives a rating of ineffective in an
evaluation under IC 20-28-11.5 in the year immediately
following the teacher's initial rating of ineffective.
(2) The teacher's contract cancellation is due to a justifiable
decrease in the number of teaching positions under
IC 20-28-7.5-1(b)(3).
(3) The teacher's contract cancellation is due to conduct set
forth in IC 20-28-7.5-1(b).
SOURCE: IC 20-28-6-8; (11)SE0001.1.30. -->
SECTION 30. IC 20-28-6-8, AS AMENDED BY P.L.43-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) An individual who:
(1) serves under contract as a teacher in a public school
corporation for at least five (5) successive years; before July 1,
2012; and
(2) at any time before July 1, 2012, enters into a teacher's
contract for further service with the school corporation;
becomes, by entering into the contract described in subdivision (2), a
permanent an established teacher of the school corporation. When a
contract between the school corporation and a permanent an
established teacher expires by the contract's terms, the contract is
considered to continue indefinitely as an indefinite contract, subject to
IC 20-28-7.5.
(b) An indefinite contract remains in force until the indefinite
contract is:
(1) replaced by a new contract signed by both parties; or
(2) canceled as provided in IC 20-28-7. IC 20-28-7.5.
SOURCE: IC 20-28-7.5; (11)SE0001.1.31. -->
SOURCE: IC 20-28-7.5. -->
SECTION 31. IC 20-28-7.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 7.5. Cancellation of Teacher Contracts
Sec. 1. (a) This chapter applies to a teacher in a school
corporation (as defined in IC 20-18-2-16(a)).
(b) A principal may decline to continue a probationary teacher's
contract under sections 2 through 4 of this chapter if the
probationary teacher:
(1) receives an ineffective designation on a performance
evaluation under IC 20-28-11.5;
(2) receives two (2) consecutive improvement necessary
ratings on a performance evaluation under IC 20-28-11.5; or
(3) is subject to a justifiable decrease in the number of
teaching positions or any reason relevant to the school
corporation's interest.
(c) Except as provided in subsection (e), a principal may not
decline to continue a professional or established teacher's contract
unless the teacher is subject to a justifiable decrease in the number
of teaching positions.
(d) After June 30, 2012, the cancellation of teacher's contracts
due to a justifiable decrease in the number of teaching positions
shall be determined on the basis of performance rather than
seniority. In cases where teachers are placed in the same
performance category, any of the items in IC 20-28-9-1(b) may be
considered.
(e) A contract with a teacher may be canceled immediately in
the manner set forth in sections 2 through 4 of this chapter for any
of the following reasons:
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the
state school laws or reasonable rules adopted for the
governance of the school building or the school corporation.
(3) Justifiable decrease in the number of teaching positions.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive
performance evaluations under IC 20-28-11.5; or
(B) an ineffective designation or improvement necessary
rating in three (3) years of any five (5) year period.
(5) Neglect of duty.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good or just cause.
Sec. 2. (a) Before a teacher is refused continuation of the
teacher's contract, the teacher has the following rights:
(1) The principal shall notify the teacher of the principal's
preliminary decision. The notification must be:
(A) in writing; and
(B) delivered in person or mailed by registered or certified
mail to the teacher at the teacher's last known address.
(2) The notice in subdivision (1) must include a written
statement, subject to IC 5-14-3-4, giving the reasons for the
preliminary decision.
(3) Notification due to a reduction in force must be delivered
between May 1 and July 1.
(b) For a cancellation of a teacher's contract for a reason other
than a reduction in force, the notice required under subsection
(a)(1) must inform the teacher that, not later than five (5) days
after the teacher's receipt of the notice, the teacher may request a
private conference with the superintendent. The superintendent
must set the requested meeting not later than ten (10) days after
the request.
(c) At the conference between the superintendent and the
teacher, the teacher may be accompanied by a representative.
(d) After the conference between the superintendent and the
teacher, the superintendent shall make a written recommendation
to the governing body of the school corporation regarding the
cancellation of the teacher's contract.
(e) If the teacher does not request a conference under subsection
(b), the principal's preliminary decision is considered final.
(f) For items listed in section (1)(e)(3), (1)(e)(4), or (1)(e)(6) of
this chapter, if the teacher files a request with the governing body
for an additional private conference not later than five (5) days
after the initial private conference with the superintendent, the
teacher is entitled to an additional private conference with the
governing body before the governing body makes a final decision,
which must be in writing, concerning the cancellation of the
teacher's contract.
(g) For items listed in section (1)(e)(1), (1)(e)(2), (1)(e)(5), or
(1)(e)(7) of this chapter, if, not later than five (5) days after the
initial private conference with the superintendent, the teacher files
a request with the governing body for an additional private
conference, the teacher is entitled to an additional private
conference with the governing body before the governing body
makes a final decision. The final decision must be in writing and
must be made not more than thirty (30) days after the governing
body receives the teacher's request for the additional private
conference. At the private conference the governing body shall do
the following:
(1) Allow the teacher to present evidence to refute the reason
or reasons for contract cancellation and supporting evidence
provided by the school corporation. Any evidence presented
at the private conference must have been exchanged by the
parties at least seven (7) days before the private conference.
(2) Consider whether a preponderance of the evidence
supports the cancellation of the teacher's contract.
Sec. 3. At the first public meeting following a private conference
with:
(1) the governing body under section 2(f) of this chapter; or
(2) the superintendent under section 2(b) of this chapter, if no
conference with the governing body is requested;
the governing body may cancel a contract with a teacher by a
majority vote evidenced by a signed statement in the minutes of the
board. The decision of the governing body is final.
Sec. 4. Pending a final decision on the cancellation of a teacher's
contract, the teacher may be suspended from duty.
Sec. 5. The time periods set out in section 2 of this chapter shall
be extended for a reasonable period:
(1) when a teacher or school official is ill or absent from the
school corporation; or
(2) for other reasonable cause.
Sec. 6. A contract entered into by a teacher and a school
employer continues in force on the same terms and for the same
wages, unless increased under IC 20-28-9-1, for the next school
term following the date of the contract's termination unless one (1)
of the following occurs:
(1) The school corporation refuses continuation of the
contract under this chapter.
(2) The teacher delivers in person or by registered or certified
mail to the school corporation the teacher's written
resignation.
(3) The contract is replaced by another contract agreed to by
the parties.
Sec. 7. (a) This chapter shall be construed to:
(1) limit the provisions of a collective bargaining agreement
negotiated under IC 20-29; and
(2) prohibit the negotiation of contracts that violate the
requirements of this chapter and IC 20-28-9-21 through
IC 20-28-9-23.
(b) This chapter prohibits a school employer and an exclusive
representative (as defined in IC 20-29-2-9) from collectively
bargaining contracts that alter the requirements of this chapter
and IC 20-28-9-21 through IC 20-28-9-23.
(c) This chapter shall be construed to prohibit a school employer
and an exclusive representative from mutually agreeing to binding
arbitration concerning teacher dismissals.
Sec. 8. (a) This section does not apply to an individual who
works at a conversion charter school (as defined in IC 20-24-1-5)
for purposes of the individual's employment with the school
corporation that sponsored the conversion charter school.
(b) A contract entered into after August 15 between a school
corporation and a teacher is void if the teacher, at the time of
signing the contract, is bound by a previous contract to teach in a
public school. However, another contract may be signed by the
teacher that will be effective if the teacher:
(1) furnishes the principal a release by the employer under the
previous contract; or
(2) shows proof that thirty (30) days written notice was
delivered by the teacher to the first employer.
(c) A principal may request from a teacher, at the time of
contracting, a written statement as to whether the teacher has
signed another teaching contract. However, the teacher's failure to
provide the statement is not a cause for subsequently voiding the
contract.
SOURCE: IC 20-28-9-1; (11)SE0001.1.32. -->
SECTION 32. IC 20-28-9-1, AS ADDED BY P.L.246-2005,
SECTION 165, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 1. (a) A teacher's minimum salary
each school year must be computed based on the teacher's education,
experience, and degree completed as of the teacher's first day of
service.
(b) If a teacher is licensed by the department on:
(1) the first day of service in the current school year; or
(2) another date as agreed by the school employer and the
exclusive representative under IC 20-29;
the teacher's minimum salary is computed under section 2 of this
chapter. This subsection takes effect July 1, 2012, or upon the
expiration of a contract in existence on July 1, 2011, whichever is
earlier, and governs salary increases for a teacher employed by a
school corporation on or after the date this subsection takes effect.
Compensation attributable to additional degrees or graduate
credits earned before the effective date of the local salary schedule
created under this chapter shall continue.
(b) Increases or increments in a local salary scale must be based
upon a combination of the following factors:
(1) A combination of the following factors taken together may
account for not more than thirty-three percent (33%) of the
calculation used to determine a teacher's increase or
increment:
(A) The number of years of a teacher's experience.
(B) The attainment of either:
(i) additional content area degrees beyond the
requirements for employment; or
(ii) additional content area degrees and credit hours
beyond the requirements for employment, if required
under an agreement bargained under IC 20-29.
(2) The results of an evaluation conducted under
IC 20-28-11.5.
(3) The assignment of instructional leadership roles, including
the responsibility for conducting evaluations under
IC 20-28-11.5.
(4) The academic needs of students in the school corporation.
(c) A teacher rated ineffective or improvement necessary under
IC 20-28-11.5 may not receive any raise or increment for the
following year if the teacher's employment contract is continued.
The amount that would otherwise have been allocated for the
salary increase of teachers rated ineffective or improvement
necessary shall be allocated for compensation of all teachers rated
effective and highly effective based on the criteria in subsection (b).
(d) A teacher who does not receive a raise or increment under
subsection (c) may file a request with the superintendent or
superintendent's designee not later than five (5) days after
receiving notice that the teacher received a rating of ineffective.
The teacher is entitled to a private conference with the
superintendent or superintendent's designee.
(e) Not later than January 31, 2012, the department shall
publish a model salary schedule that a school corporation may
adopt.
(f) Each school corporation shall submit its local salary schedule
to the department. The department shall publish the local salary
schedules on the department's Internet web site.
(g) The department shall report any noncompliance of this
section to the state board.
(h) The state board shall take appropriate action to ensure
compliance with this section.
(i) This chapter may not be construed to require or allow a
school corporation to decrease the salary of any teacher below the
salary the teacher was earning on or before July 1, 2012, if that
decrease would be made solely to conform to the new salary scale.
SOURCE: IC 20-28-9-21; (11)SE0001.1.33. -->
SECTION 33. IC 20-28-9-21, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 21. (a) This section and sections 22 through 23 of
this chapter apply to the suspension of a teacher without pay when the
procedure for the cancellation of the teacher's contract under
IC 20-28-7-3 through IC 20-28-7-5 do IC 20-28-7.5 does not apply.
(b) A teacher may be suspended from duty without pay only for the
following reasons:
(1) Immorality.
(2) Insubordination, which means the willful refusal to obey the
state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Substantial inability to perform teaching duties.
(5) Good and just cause.
SOURCE: IC 20-28-10-1; (11)SE0001.1.34. -->
SECTION 34. IC 20-28-10-1, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: 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) 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) Except where a contract is not required under IC 20-28-7
IC 20-28-7.5 in a situation that occurs before or after the
commencement of leave, the teacher and the school corporation shall
execute a regular teacher's contract for each school year in which any
part of the teacher's leave is granted.
(f) 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.
SOURCE: IC 20-28-10-2; (11)SE0001.1.35. -->
SECTION 35. IC 20-28-10-2, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) Except as provided in section 1 of this
chapter, rights existing at the time a leave commences that arise from
a teacher's:
(1) status as a
permanent professional or established teacher;
(2) accumulation of successive years of service;
(3) service performed under a teacher's contract under
IC 20-28-6-8; or
(4) status or rights negotiated under IC 20-29;
remain intact.
(b) During a leave the teacher may maintain coverage in a group
insurance program by paying the total premium including the school
corporation's share, if any, attributable to the leave period. The school
corporation may elect to pay all or part of the cost of the premium as an
adopted or negotiated fringe benefit to teachers on leave.
(c) During a leave extending into a part of a school year, a teacher
accumulates sick leave under IC 20-28-9-9 through IC 20-28-9-12, or
a salary schedule of the school corporation that provides greater sick
leave, in the same proportion that the number of days the teacher is
paid during the year for work or leave bears to the total number of days
for which teachers are paid in the school corporation.
(d) Except as provided in section 1 of this chapter, during a leave of
a nonpermanent probationary teacher, the period of probationary
successive years of service under a teacher's contract that is a condition
precedent to becoming a permanent professional or established
teacher under IC 20-28-6-8 is uninterrupted for that teacher. However,
this probationary period may not include an entire school year spent on
leave.
(e) All or part of a leave granted for sickness or disability, including
pregnancy related disability, may be charged at the teacher's discretion
to the teacher's available sick days. However, the teacher is not entitled
to take accumulated sick days when the teacher's physician certifies
that the teacher is capable of performing the teacher's regular teaching
duties. The teacher is entitled to complete the remaining leave without
pay.
SOURCE: IC 20-28-10-4; (11)SE0001.1.36. -->
SECTION 36. IC 20-28-10-4, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 4. (a) A school corporation may place a teacher,
with or without written request, on a disability or sick leave not to
exceed one (1) year.
(b) A teacher placed on a disability or sick leave without a written
request is entitled to a hearing on that action under IC 20-28-7-1 and
IC 20-28-7-3 through IC 20-28-7-5. IC 20-28-7.5.
SOURCE: IC 20-28-10-7; (11)SE0001.1.37. -->
SECTION 37. IC 20-28-10-7, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 7. A permanent professional or established
teacher:
(1) with an indefinite contract under IC 20-28-6-8; and
(2) who is described in section 6(a) of this chapter;
is granted a leave of absence during the defense service.
SOURCE: IC 20-28-10-8; (11)SE0001.1.38. -->
SECTION 38. IC 20-28-10-8, AS ADDED BY P.L.1-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 8. (a) If a
nonpermanent probationary teacher
who is described in section 6(a) of this chapter enters the defense
service, the teacher's contract as a teacher and the teacher's rights to
probationary successive years under contract are preserved with the
school corporation as the teacher had them when entering the defense
service.
(b) The period of probationary successive years of service under a
teacher's contract that is a condition precedent to becoming a
permanent professional or established teacher under IC 20-28-6-8 is
considered uninterrupted for a teacher to whom this section applies.
However, this probationary period may not include the time spent in
defense service. The teacher is granted a leave of absence during the
defense service.
SOURCE: IC 20-28-11.5; (11)SE0001.1.39. -->
SECTION 39. IC 20-28-11.5 IS ADDED TO THE INDIANA
CODE AS A
NEW CHAPTER TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]:
Chapter 11.5. Staff Performance Evaluations
Sec. 1. As used in this chapter, "evaluator" means an individual
who conducts a staff performance evaluation. The term includes a
teacher who:
(1) has clearly demonstrated a record of effective teaching
over several years;
(2) is approved by the principal as qualified to evaluate under
the plan; and
(3) conducts staff performance evaluations as a significant
part of teacher's responsibilities.
Sec. 2. As used in the chapter, "plan" refers to a staff
performance evaluation plan developed under this chapter.
Sec. 3. As used in this chapter, "school corporation" includes:
(1) a school corporation;
(2) a school created by an interlocal agreement under
IC 36-1-7;
(3) a special education cooperative under IC 20-35-5; and
(4) a joint career and technical education program created
under IC 20-37-1.
However, for purposes of section 4(a) and 4(b) of this chapter,
"school corporation" includes a charter school and a virtual
charter school.
Sec. 4. (a) Each school corporation shall develop a plan for
annual performance evaluations for each certificated employee (as
defined in IC 20-29-2-4). A school corporation shall implement the
plan beginning with the 2012-2013 school year.
(b) Instead of developing its own staff performance evaluation
plan under subsection (a), a school corporation may adopt a staff
performance evaluation plan that meets the requirements set forth
in this chapter or any of the following models:
(1) A plan using master teachers or contracting with an
outside vendor to provide master teachers.
(2) The System for Teacher and Student Advancement (TAP).
(3) The Peer Assistance and Review Teacher Evaluation
System (PAR).
(c) A plan must include the following components:
(1) Performance evaluations for all certificated employees,
conducted at least annually.
(2) Objective measures of student achievement and growth to
significantly inform the evaluation. The objective measures
must include:
(A) student assessment results from statewide assessments
for certificated employees whose responsibilities include
instruction in subjects measured in statewide assessments;
(B) methods for assessing student growth for certificated
employees who do not teach in areas measured by
statewide assessments; and
(C) student assessment results from locally developed
assessments and other test measures for certificated
employees whose responsibilities may or may not include
instruction in subjects and areas measured by statewide
assessments.
(3) Rigorous measures of effectiveness, including observations
and other performance indicators.
(4) An annual designation of each certificated employee in one
(1) of the following rating categories:
(A) Highly effective.
(B) Effective.
(C) Improvement necessary.
(D) Ineffective.
(5) An explanation of the evaluator's recommendations for
improvement, and the time in which improvement is expected.
(6) A provision that a teacher who negatively affects student
achievement and growth cannot receive a rating of highly
effective or effective.
(d) The evaluator shall discuss the evaluation with the
certificated employee.
Sec. 5. (a) The superintendent or equivalent authority, for a
school corporation that does not have a superintendent, may
provide for evaluations to be conducted by an external provider.
(b) An individual may evaluate a certificated employee only if
the individual has received training and support in evaluation
skills.
Sec. 6. (a) A copy of the completed evaluation, including any
documentation related to the evaluation, must be provided to a
certificated employee not later than seven (7) days after the
evaluation is conducted.
(b) If a certificated employee receives a rating of ineffective or
improvement necessary, the evaluator and the certificated
employee shall develop a remediation plan of not more than ninety
(90) school days in length to correct the deficiencies noted in the
certificated employee's evaluation. The remediation plan must
require the use of the certificated employee's license renewal
credits in professional development activities intended to help the
certificated employee achieve an effective rating on the next
performance evaluation. If the principal did not conduct the
performance evaluation, the principal may direct the use of the
certificated employee's license renewal credits under this
subsection.
(c) A teacher who receives a rating of ineffective may file a
request for a private conference with the superintendent or the
superintendent's designee not later than five (5) days after
receiving notice that the teacher received a rating of ineffective.
The teacher is entitled to a private conference with the
superintendent or superintendent's designee.
Sec. 7. (a) This section applies to any teacher instructing
students in a content area and grade subject to IC 20-32-4-1(a)(1)
and IC 20-32-5-2.
(b) A student may not be instructed for two (2) consecutive
years by two (2) consecutive teachers, each of whom was rated as
ineffective under this chapter in the school year immediately
before the school year in which the student is placed in the
respective teacher's class.
(c) If a teacher did not instruct students in the school year
immediately before the school year in which students are placed in
the teacher's class, the teacher's rating under this chapter for the
most recent year in which the teacher instructed students, instead
of for the school year immediately before the school year in which
students are placed in the teacher's class, shall be used in
determining whether subsection (b) applies to the teacher.
(d) If it is not possible for a school corporation to comply with
this section, the school corporation must notify the parents of each
applicable student indicating the student will be placed in a
classroom of a teacher who has been rated ineffective under this
chapter. The parent must be notified before the start of the second
consecutive school year.
Sec. 8. (a) To implement this chapter, the state board shall do
the following:
(1) Before January 31, 2012, adopt rules under IC 4-22-2 that
establish:
(A) the criteria that define each of the four categories of
teacher ratings under section 4(b)(3) of this chapter;
(B) the measures to be used to determine student academic
achievement and growth under section 4(b)(2) of this
chapter;
(C) standards that define actions that constitute a negative
impact on student achievement; and
(D) an acceptable standard for training evaluators.
(2) Before January 31, 2012, work with the department to
develop a model plan and release it to school corporations.
Subsequent versions of the model plan that contain
substantive changes must be provided to school corporations.
(3) Work with the department to ensure the availability of
ongoing training on the use of the performance evaluation to
ensure that all evaluators and certificated employees have
access to information on the plan, the plan's implementation,
and this chapter.
(b) A school corporation may adopt the model plan without the
state board's approval. A school corporation may modify the
model plan or develop the school corporation's own plan, if the
modified or developed plan meets the criteria established under
this chapter. If a school corporation modifies the model plan or
develops its own plan, the department may request that the school
corporation submit the plan to the department to ensure the plan
meets the criteria developed under this chapter. Each school
corporation shall submit its staff performance evaluation plan to
the department. The department shall publish the staff
performance evaluation plans on the department's Internet web
site. A school corporation must submit its staff performance
evaluation plan to the department for approval in order to qualify
for any grant funding related to this chapter.
(c) This subsection applies to a school corporation that has not
adopted a staff performance evaluation plan that complies with
this chapter before July 1, 2011. Before submitting a staff
performance evaluation plan to the department under subsection
(b), the governing body shall submit the staff performance
evaluation plan to the teachers employed by the school corporation
for a vote. If at least seventy-five percent (75%) of the teachers
voting vote in favor of adopting the staff performance evaluation
plan, the governing body may submit the staff performance
evaluation plan to the department under subsection (b).
Sec. 9. (a) Before August 1 of each year, each school corporation
shall provide the results of the staff performance evaluations,
including the number of certificated employees placed in each
performance category, to the department. The results provided
may not include the names or any other personally identifiable
information regarding certificated employees.
(b) Before September 1 of each year, the department shall
report the results of staff performance evaluations to the state
board, and to the public via the department's Internet web site,
for:
(1) the aggregate of certificated employees of each school and
school corporation; and
(2) the aggregate of graduates of each teacher preparation
program in Indiana.
SOURCE: IC 20-31-4-6; (11)SE0001.1.40. -->
SECTION 40. IC 20-31-4-6, AS ADDED BY P.L.1-2005,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. The department shall determine whether the
school has complied with the following legal standards for
accreditation:
(1) Health and safety requirements.
(2) Minimum time requirements for school activity.
(3) Staff-student ratio requirements.
(4) (3) Curriculum offerings.
(5) (4) Development and implementation of a staff evaluation
plan under IC 20-28-11. IC 20-28-11.5.
(6) (5) Completion of a school improvement plan that: that
complies with requirements developed by the state board and:
(A) analyzes the strengths and weaknesses of the school;
(B) outlines goals of the school community to which school
improvement activities will be directed; and
(C) identifies objectives of the school and programs designed
to achieve those objectives.
(A) focuses on academic performance; and
(B) is consistent with metrics for improvement.
SOURCE: IC 20-33-2-3.2; (11)SE0001.1.41. -->
SECTION 41. IC 20-33-2-3.2 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 3.2. As used in this chapter,
"attend" means to be physically present:
(1) in a school; or
(2) at another location where the school's educational
program in which a person is enrolled is being conducted;
during regular school hours on a day in which the educational
program in which the person is enrolled is being offered.
SOURCE: IC 20-33-2-14; (11)SE0001.1.42. -->
SECTION 42. IC 20-33-2-14, AS AMENDED BY P.L.185-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 14. (a) This section and sections 15 through 17.5
of this chapter apply to a student who attends either a public school or
a nonpublic school.
(b) The governing body of each school corporation shall have a
policy outlining the conditions for excused and unexcused absences.
The policy must include the grounds for excused absences required
by sections 15 through 17.5 of this chapter or another law. Any
absence that results in a person not attending at least one hundred
eighty (180) days in a school year must be in accordance with the
governing body's policy to qualify as an excused absence.
(b) (c) Service as a page for or as an honoree of the general
assembly is a lawful excuse for a student to be absent from school,
when verified by a certificate of the secretary of the senate or the chief
clerk of the house of representatives. A student excused from school
attendance under this section may not be recorded as being absent on
any date for which the excuse is operative and may not be penalized by
the school in any manner.
SOURCE: IC 20-33-2-25; (11)SE0001.1.43. -->
SECTION 43. IC 20-33-2-25, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 25. The superintendent or an attendance officer
having jurisdiction may shall report a child who is habitually absent
from school in violation of this chapter to an intake officer of the
juvenile court or the department of child services. The intake officer
or the department of child services shall proceed in accord with
IC 31-30 through IC 31-40.
SOURCE: IC 20-33-2-27; (11)SE0001.1.44. -->
SECTION 44. IC 20-33-2-27, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 27. (a) It is unlawful for a parent to fail to ensure
that the parent's child attends school as required under this chapter.
(b) Before proceedings are instituted against a parent for a violation
of this section, personal notice of the violation shall be served on the
parent by the superintendent or the superintendent's designee:
(1) having jurisdiction over the public school where the child has
legal settlement; or
(2) of the transferee corporation, if the child has been transferred.
(c) For purposes of this section, service of personal notice must
consist of and take place at the time of the occurrence of one of the
following events: a violation may be made upon a parent by any of
the following means:
(1) The date of personal delivery Delivering a copy of the notice
to the parent personally. Personal notice shall be treated as
occurring under this subdivision on the date of delivery.
(2) The date of receipt Any other means of sending a copy of
the notice sent by certified mail. to the parent. Personal notice
shall be treated as occurring under this subdivision on the
date of delivery.
(3) The date of Leaving a copy of the notice at the last and usual
place of the residence of the parent. Personal notice shall be
treated as occurring under this subdivision on the date the
notice is left at the residence.
(4) Communicating notice of the violation to the parent by
any other means, if the communication is made by the
superintendent for the school or the superintendent's
designee. Personal notice shall be treated as occurring under
this subdivision on the earliest date that the communication
is made.
If the violation is not terminated not more than one (1) school day after
this notice is given, or if another violation is committed during the
notice period, no further notice is necessary. Each day of violation
constitutes a separate offense.
SOURCE: IC 20-33-2-35; (11)SE0001.1.45. -->
SECTION 45. IC 20-33-2-35, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 35. If the governing body of a school corporation
elects not to appoint an attendance officer under section 31 of this
chapter or an appointing authority elects not to appoint an attendance
officer under section 33 of this chapter, the superintendent shall serve
as an ex officio attendance officer. A superintendent acting in this
capacity may designate one (1) or more teachers school employees as
assistant attendance officers. These assistant attendance officers shall
act under the superintendent's direction and perform the duties the
superintendent assigns. Ex officio attendance officers and assistant
attendance officers appointed under this section shall receive no
additional compensation for performing attendance services.
SOURCE: IC 20-33-2-42; (11)SE0001.1.46. -->
SECTION 46. IC 20-33-2-42, AS ADDED BY P.L.1-2005,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 42. The state superintendent shall:
(1) prescribe duties for the state attendance officer not provided
by law;
(2) fix qualifications for local attendance officers;
(3) (2) design and require use of a system of attendance reports,
records, and forms necessary for the enforcement of this chapter;
and
(4) (3) perform all other duties necessary for the complete
enforcement of this chapter.
SOURCE: IC 20-35-5-9; (11)SE0001.1.47. -->
SECTION 47. IC 20-35-5-9, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 9. A teacher who:
(1) is employed by a special education cooperative; and
(2) previously taught in a participating school corporation;
retains all rights and privileges under IC 20-28-6, IC 20-28-7,
IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10 to the same
extent as if the teacher had continued teaching in the participating
school corporation.
SOURCE: IC 20-35-5-10; (11)SE0001.1.48. -->
SECTION 48. IC 20-35-5-10, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 10. A teacher who:
(1) is employed by a special education cooperative; and
(2) does not have existing years of service in any of the
participating school corporations;
shall be considered to be employed by the special education
cooperative and is entitled to the same rights and privileges under
IC 20-28-6, IC 20-28-7, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and
IC 20-28-10 as if the teacher were employed by a school corporation.
SOURCE: IC 20-35-5-12; (11)SE0001.1.49. -->
SECTION 49. IC 20-35-5-12, AS ADDED BY P.L.1-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 12. If:
(1) a teacher loses the teacher's job in a special education
cooperative due to:
(A) a reduction in services of;
(B) a reorganization of;
(C) the discontinuance of; or
(D) a withdrawal in whole or in part of a participating school
corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school corporation
as described in section 11 of this chapter;
the teacher retains the rights and privileges under IC 20-28-6,
IC 20-28-7, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10
that the teacher held at the time the teacher lost the job in the special
education cooperative as described in subdivision (1).
SOURCE: IC 20-25-13-1; IC 20-28-1-1.5; IC 20-28-2-2; IC 20-28-2-
3; IC 20-28-2-4; IC 20-28-2-5; IC 20-28-5-11; IC 20-28-6-10; IC 20-
28-7; IC 20-28-9-2; IC 20-28-9-3; IC 20-28-9-4; IC 20-28-11; IC 20-
29-6-11.
; (11)SE0001.1.50. -->
SECTION 50. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 20-25-13-1; IC 20-28-1-1.5; IC 20-28-2-2;
IC 20-28-2-3; IC 20-28-2-4; IC 20-28-2-5; IC 20-28-5-11;
IC 20-28-6-10; IC 20-28-7; IC 20-28-9-2; IC 20-28-9-3; IC 20-28-9-4;
IC 20-28-11; IC 20-29-6-11.
SOURCE: ; (11)SE0001.1.51. -->
SECTION 51. [EFFECTIVE UPON PASSAGE] (a) The Indiana
state board of education may adopt temporary rules in the manner
provided for adopting an emergency rule under IC 4-22-2-37.1 to
implement IC 20-28-11.5-7, as added by this act. A temporary rule
adopted under this SECTION expires on the earliest of the
following:
(1) The date specified in the temporary rule.
(2) The date another temporary rule or a permanent rule
repeals or supersedes the previously adopted temporary rule.
(3) July 1, 2012.
(b) This SECTION expires July 1, 2012.
SOURCE: ; (11)SE0001.1.52. -->
SECTION 52.
An emergency is declared for this act.
SEA 1 _ Concur
Figure
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