Bill Text: IN SB0001 | 2011 | Regular Session | Engrossed
Bill Title: Teacher evaluations and licensing.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-05-18 - SECTION 51 effective 04/30/2011 [SB0001 Detail]
Download: Indiana-2011-SB0001-Engrossed.html
Citations Affected: IC 11-10; IC 20-18; IC 20-19; IC 20-20;
IC 20-24; IC 20-26; IC 20-28; IC 20-31; IC 20-33; noncode.
Effective: Upon passage; July 1, 2011.
(HOUSE SPONSORS _ BEHNING, FRIZZELL, PORTER, RHOADS, SULLIVAN)
January 20, 2011, read first time and referred to Committee on Education and Career
Development.
February 17, 2011, amended, reported favorably _ Do Pass.
February 21, 2011, read second time, ordered engrossed. Engrossed.
February 22, 2011, read third time, passed. Yeas 29, nays 20.
March 28, 2011, read first time and referred to Committee on Education.
April 13, 2011, amended, reported _ Do Pass.
Digest Continued
current teacher salaries cannot be reduced due to a new salary scale adopted to meet the requirements of this act. Allows school corporations to consider additional content area degrees and credit hours in salary scale. Modifies language concerning supplemental services contracts to allow administrators to select and pay summer school teachers. Provides for the department of education to develop a program to provide training and evaluations for school corporations in operational efficiency. Defines "attend" for purposes of the compulsory school attendance law. Indicates that attendance is excused only if it is in accordance with the governing body's excused absence policy. Specifies additional methods for the service of a notice of violation to a parent. Requires a superintendent or attendance officer to report a habitually absent child to the juvenile court or the department of child services. Repeals references to the advisory board and the existing staff performance evaluation provisions, and makes corresponding changes to related sections.
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
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.
(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.
(b) For purposes of IC 20-28, the term includes the following:
(1) A superintendent.
(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;
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) Subject to section 9 of this chapter, the adoption and approval of textbooks under IC 20-20-5.
(7) The distribution of funds and revenues appropriated for the support of schools in the state.
(8) The state board may not establish an accreditation system for nonpublic schools that is less stringent than the accreditation system for public schools.
(9) 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.
(10) The establishment and enforcement of standards and guidelines concerning the safety of students participating in cheerleading activities.
(11) 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.
(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.
Chapter 38. 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.
(1) hold a license to teach in a public school in Indiana under IC 20-28-5;
(2) be in the process of obtaining a license to teach in a public school in Indiana under the transition to teaching program established by IC 20-28-4-2; or
(3) hold at least a bachelor's degree 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 content or related area in which the individual teaches.
(b) An individual described in subsection (a)(2) must complete the transition to teaching program not later than three (3) years after beginning to teach at a charter school.
(c) An individual who provides to students in a charter school a service:
(1) that is not teaching; and
(2) for which a license is required under Indiana law;
must have the appropriate license to provide the service in Indiana.
(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
(4) A local regulation or policy adopted by a school corporation unless specifically incorporated in the charter.
(1) In the name of the school corporation, to sue and be sued and to enter into contracts in matters permitted by applicable law.
(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.
(b) Subject to IC 20-28-7, 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.
(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).
(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.
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.
(1) For a program participant who seeks to obtain a license to teach in grades
(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.
(1) Successfully completes the
(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
(4) Receives a successful assessment of teaching skills upon completion of the beginning teacher
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.
(b) Rules adopted under this section must include a requirement that
(1) enroll in; and
(2) complete;
the program.
(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).
(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.
(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
(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.
(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.
(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.
(b) The department may not grant an initial
(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;
(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
(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.
(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.
(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).
(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
(d) The salary of a teacher on a supplemental service contract
(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) consecutive 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).
(1) serves under contract as a teacher in a public school corporation
(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),
(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
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the
government of the school corporation.
(3) Neglect of duty.
(4) Incompetence, including receiving:
(A) an ineffective designation on two (2) consecutive
performance evaluations under IC 20-28-11.5; or
(B) an ineffective or improvement necessary rating on
three (3) or more performance evaluations under
IC 20-28-11.5 in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) A conviction for an offense listed in IC 20-28-5-8(c).
(7) Other good and just cause, as approved by the governing
body.
When the cause of cancellation is a ground set forth in subdivision (1),
(2), or (6), the cancellation is effective immediately. When the cause
of cancellation is a ground set forth in subdivision (3), (4), (5), or (7),
the cancellation is effective at the end of the school term following the
cancellation.
(b) An indefinite contract may not be canceled for political or
personal reasons.
(1) Immorality.
(2) Insubordination, which means a willful refusal to obey the state school laws or reasonable rules prescribed for the government of the school corporation.
(3) Neglect of duty.
(4)
(A) an ineffective designation on two (2) consecutive performance evaluations under IC 20-28-11.5; or
(B) an ineffective or improvement necessary rating on three (3) or more performance evaluations under IC 20-28-11.5 in any five (5) year period.
(5) Justifiable decrease in the number of teaching positions.
(6) Good and just cause.
(7) The cancellation is in the best interest of the school corporation.
(8) A conviction for an offense listed in IC 20-28-5-8(c).
(b) An indefinite contract with a semipermanent teacher may not be
canceled for political or personal reasons.
(c) Before the cancellation of a semipermanent teacher's indefinite
contract, the principal of the school at which the teacher teaches must
provide the teacher with a written evaluation of the teacher's
performance before January 1 of each year. Upon the request of a
semipermanent teacher, delivered in writing to the principal not later
than thirty (30) days after the teacher receives the evaluation required
by this section, the principal must provide the teacher with an
additional written evaluation.
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(c) may be considered. Seniority may be considered as one (1) of the criteria to justify the decrease in teaching positions. However, seniority may not be the sole basis to justify the decrease in teaching positions.
(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 ratings in 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) 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.
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.
(b) Increases or increments in a local salary scale must be based upon a combination of the following factors:
(1) The number of years of a teacher's experience or the attainment of additional content area:
(A) degrees; or
(B) credit hours;
beyond the requirements for employment. These factors may not account for more than thirty-three percent (33%) of the calculation used to determine a teacher's increase or increment.
(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.
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.
(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.
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.
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;
and
(B) methods for assessing student growth for certificated
employees who do not teach in 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) 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.
(b) 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 (a) applies to the teacher.
(c) If it is not possible for a school corporation to comply with
this section, the school corporation must send notification to 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 for the second consecutive year. The notice must
be sent 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.
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 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.
(1) Health and safety requirements.
(2) Minimum time requirements for school activity.
(A) focuses on academic performance; and
(B) is consistent with metrics for improvement.
(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.
(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.
(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
(1)
(2)
(3)
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.
(1) prescribe duties for the state attendance officer not provided by law;
; (11)ES0001.1.45. --> SECTION 45. 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.
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.
