IC 20TITLE 20. EDUCATION
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 3.REPEALED
           Art. 3.1.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 5.5.REPEALED
           Art. 6.REPEALED
           Art. 6.1.REPEALED
           Art. 7.REPEALED
           Art. 7.5.REPEALED
           Art. 8.REPEALED
           Art. 8.1.REPEALED
           Art. 9.REPEALED
           Art. 9.1.REPEALED
           Art. 10.REPEALED
           Art. 10.1.REPEALED
           Art. 10.2.REPEALED
           Art. 11.REPEALED
           Art. 12.REPEALED
           Art. 13.REPEALED
           Art. 14.REPEALED
           Art. 15.REPEALED
           Art. 16.REPEALED
           Art. 17.EFFECT OF RECODIFICATION OF TITLE 20
           Art. 18.GENERAL PROVISIONS
           Art. 19.STATE ADMINISTRATION OF ELEMENTARY AND SECONDARY EDUCATION
           Art. 20.PROGRAMS ADMINISTERED BY THE STATE
           Art. 21.INDIANA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
           Art. 22.INDIANA SCHOOL FOR THE DEAF
           Art. 23.ORGANIZATION OF SCHOOL CORPORATIONS
           Art. 24.CHARTER SCHOOLS
           Art. 24.2.PERFORMANCE QUALIFIED SCHOOL DISTRICTS
           Art. 24.5.UNIVERSITY ADMINISTERED SCHOOLS
           Art. 25.INDIANAPOLIS PUBLIC SCHOOLS
           Art. 25.5.REPEALED
           Art. 25.7.INNOVATION NETWORK SCHOOLS
           Art. 26.SCHOOL CORPORATIONS: GENERAL ADMINISTRATIVE PROVISIONS
           Art. 27.SCHOOL TRANSPORTATION
           Art. 28.SCHOOL TEACHERS
           Art. 29.COLLECTIVE BARGAINING FOR TEACHERS
           Art. 30.CURRICULUM
           Art. 31.ACCOUNTABILITY FOR PERFORMANCE AND IMPROVEMENT
           Art. 32.STUDENT STANDARDS, ASSESSMENTS, AND PERFORMANCE
           Art. 33.STUDENTS: GENERAL PROVISIONS
           Art. 34.STUDENT HEALTH AND SAFETY MEASURES
           Art. 35.SPECIAL EDUCATION
           Art. 36.HIGH ABILITY STUDENTS
           Art. 37.CAREER AND TECHNICAL EDUCATION
           Art. 38.EDUCATIONAL COMPACTS
           Art. 39.ACCOUNTING AND FINANCIAL REPORTING PROCEDURES
           Art. 40.GOVERNMENT FUNDS AND ACCOUNTS
           Art. 41.EXTRACURRICULAR FUNDS AND ACCOUNTS
           Art. 42.FIDUCIARY FUNDS AND ACCOUNTS
           Art. 42.5.ALLOCATION OF EXPENDITURES TO STUDENT INSTRUCTION
           Art. 43.STATE TUITION SUPPORT
           Art. 44.PROPERTY TAX LEVIES; GENERAL PROVISIONS
           Art. 45.GENERAL FUND LEVIES
           Art. 46.LEVIES OTHER THAN GENERAL FUND LEVIES
           Art. 47.RELATED ENTITIES; HOLDING COMPANIES; LEASE AGREEMENTS
           Art. 48.BORROWING AND BONDS
           Art. 49.STATE MANAGEMENT OF COMMON SCHOOL FUNDS; STATE ADVANCES AND LOANS
           Art. 50.HOMELESS CHILDREN AND FOSTER CARE CHILDREN
           Art. 51.SCHOOL SCHOLARSHIPS

 

IC 20-1ARTICLE 1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-2ARTICLE 2. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-3ARTICLE 3. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-3.1ARTICLE 3.1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-4ARTICLE 4. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-5ARTICLE 5. REPEALED

[Pre-Local Government Recodification Citations:

20-5-2-5formerly 18-5-7-1 part
20-5-17.5-1subsection (a) formerly 19-7-47-1 part; subsection (b) formerly 19-7-46-1 part; subsection (c) formerly 19-9-13-2 part
20-5-17.5-2formerly 19-7-47-1 part; 19-7-47-2
20-5-17.5-3formerly 19-7-46-1 part; 19-7-46-2; 19-7-46-5; 19-7-46-6; 19-7-46-7
20-5-17.5-4formerly 19-9-13-1; 19-9-13-2 part; 19-9-13-3; 19-9-13-4
20-5-37-4formerly 19-7-44-1; 19-7-44-2.]

Repealed by P.L.1-2005, SEC.240.

 

IC 20-5.5ARTICLE 5.5. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-6ARTICLE 6. REPEALED

Repealed by Acts 1976, P.L.100, SEC.4.

 

IC 20-6.1ARTICLE 6.1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-7ARTICLE 7. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-7.5ARTICLE 7.5. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-8ARTICLE 8. REPEALED

Repealed by Acts 1973, P.L.218, SEC.4.

 

IC 20-8.1ARTICLE 8.1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-9ARTICLE 9. REPEALED

Repealed by Acts 1973, P.L.218, SEC.4.

 

IC 20-9.1ARTICLE 9.1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-10ARTICLE 10. REPEALED

Repealed by Acts 1975, P.L.240, SEC.8.

 

IC 20-10.1ARTICLE 10.1. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-10.2ARTICLE 10.2. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-11ARTICLE 11. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-12ARTICLE 12. REPEALED

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-12-76-1formerly 20-1-19-1
20-12-76-2formerly 20-1-19-1
20-12-76-3formerly 20-1-19-1
20-12-76-4formerly 20-1-19-1
20-12-76-5formerly 20-1-19-1
20-12-76-6formerly 20-1-19-1
20-12-76-7formerly 20-1-19-1
20-12-76-8formerly 20-1-19-1
20-12-76-9formerly 20-1-19-1
20-12-76-10formerly 20-1-19-1.5
20-12-76-11formerly 20-1-19-2
20-12-76-12formerly 20-1-19-3
20-12-76-13formerly 20-1-19-4
20-12-76-14formerly 20-1-19-5
20-12-76-15formerly 20-1-19-6
20-12-76-16formerly 20-1-19-7
20-12-76-17formerly 20-1-19-8
20-12-76-18formerly 20-1-19-8.1
20-12-76-19formerly 20-1-19-8.1
20-12-76-20formerly 20-1-19-8.2
20-12-76-21formerly 20-1-19-8.3
20-12-76-22formerly 20-1-19-9
20-12-76-23formerly 20-1-19-9.5
20-12-76-24formerly 20-1-19-9.6
20-12-76-25formerly 20-1-19-10
20-12-76-26formerly 20-1-19-11
20-12-76-27formerly 20-1-19-12
20-12-76-28formerly 20-1-19-13
20-12-76-29formerly 20-1-19-14
20-12-76-30formerly 20-1-19-15
20-12-76-31formerly 20-1-19-16
20-12-76-32formerly 20-1-19-17
20-12-76-33formerly 20-1-19-18
20-12-76-34formerly 20-1-19-19
20-12-76-35formerly 20-1-19-20
20-12-76-36formerly 20-1-19-20.5
20-12-76-37formerly 20-1-19-20.6
20-12-76-38formerly 20-1-19-21
20-12-76-39formerly 20-1-19-22
20-12-76-40formerly 20-1-19-23
20-12-76-41formerly 20-1-19-24

Pre-Local Government Recodification Citations:

20-12-30.3-1formerly 17-2-86-1 part; 17-2-86-5 part
20-12-30.3-2formerly 17-2-86-1 part
20-12-30.3-3formerly 17-2-86-2
20-12-30.3-4formerly 17-2-86-3
20-12-30.3-5formerly 17-2-86-4
20-12-30.3-6formerly 17-2-86-5 part
20-12-30.3-7formerly 17-2-86-6
20-12-30.3-8formerly 17-2-86-7.]

Repealed by P.L.2-2007, SEC.390.

 

IC 20-13ARTICLE 13. REPEALED

Repealed by P.L.224-1983, SEC.2.

 

IC 20-14ARTICLE 14. REPEALED

     Revisor's Note: P.L.169-2011, SECTION 17 added a new section IC 20-14-4-2.5 to the Indiana Code. This citation contained a typographical error. The citation of the added section should have been IC 21-14-4-2.5 and can be found at that location in the Indiana Code.

Repealed by P.L.1-2005, SEC.240.

 

IC 20-15ARTICLE 15. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-16ARTICLE 16. REPEALED

Repealed by P.L.1-2005, SEC.240.

 

IC 20-17ARTICLE 17. EFFECT OF RECODIFICATION OF TITLE 20
           Ch. 1.Effect of Recodification by the Act of the 2005 Regular Session of the General Assembly
           Ch. 2.Effect of Recodification by the Act of the 2006 Regular Session of the General Assembly

 

IC 20-17-1Chapter 1. Effect of Recodification by the Act of the 2005 Regular Session of the General Assembly
           20-17-1-1"Prior law"
           20-17-1-2Purpose of recodification
           20-17-1-3Statutory construction of recodification
           20-17-1-4Effect of recodification
           20-17-1-5Recodification of prior law
           20-17-1-6References to repealed statutes
           20-17-1-7References to citations
           20-17-1-8References to prior rules
           20-17-1-9References to prior law

 

IC 20-17-1-1"Prior law"

     Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning education that are repealed or amended in the recodification act of the 2005 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2005 regular session of the general assembly.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-2Purpose of recodification

     Sec. 2. The purpose of the recodification act of the 2005 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2005 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2005 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2004 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2005 regular session of the general assembly had not been enacted.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-3Statutory construction of recodification

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2005 regular session of the general assembly.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-4Effect of recodification

     Sec. 4. (a) The recodification act of the 2005 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2005 regular session of the general assembly (July 1, 2005). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2005 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 2005 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

     (c) The recodification act of the 2005 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-5Recodification of prior law

     Sec. 5. The recodification act of the 2005 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2005 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2005 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2005 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2005 regular session of the general assembly to the extent that the recodification act of the 2005 regular session of the general assembly is not substantively identical to the prior law.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-6References to repealed statutes

     Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2005 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-7References to citations

     Sec. 7. A citation reference in the recodification act of the 2005 regular session of the general assembly to another provision of the recodification act of the 2005 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2005 regular session of the general assembly that is referred to by the citation reference.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-8References to prior rules

     Sec. 8. (a) As used in the recodification act of the 2005 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2005 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2005 regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior law continue in effect after June 30, 2005, until the rules are amended, repealed, or suspended.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-1-9References to prior law

     Sec. 9. (a) A reference in the recodification act of the 2005 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2005 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 2005 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2005 regular session of the general assembly (July 1, 2005). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2005 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 2005 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2005 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2005 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.1.

 

IC 20-17-2Chapter 2. Effect of Recodification by the Act of the 2006 Regular Session of the General Assembly
           20-17-2-1"Prior law"
           20-17-2-2Purpose of recodification
           20-17-2-3Statutory construction of recodification
           20-17-2-4Effect of recodification
           20-17-2-5Recodification of prior law
           20-17-2-6References to repealed statutes
           20-17-2-7References to citations
           20-17-2-8References to prior rules
           20-17-2-9References to prior law

 

IC 20-17-2-1"Prior law"

     Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning education finance, including provisions related to the Indiana state teachers' retirement fund and public school corporation property tax controls, that are repealed or amended in the recodification act of the 2006 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2006 regular session of the general assembly.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-2Purpose of recodification

     Sec. 2. The purpose of the recodification act of the 2006 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2006 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2006 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2005 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2006 regular session of the general assembly had not been enacted.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-3Statutory construction of recodification

     Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2006 regular session of the general assembly.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-4Effect of recodification

     Sec. 4. (a) The recodification act of the 2006 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2006 regular session of the general assembly (July 1, 2006). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2006 regular session of the general assembly had not been enacted.

     (b) The recodification act of the 2006 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

     (c) The recodification act of the 2006 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-5Recodification of prior law

     Sec. 5. The recodification act of the 2006 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2006 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2006 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2006 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction, which states that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous, does not apply to the recodification act of the 2006 regular session of the general assembly to the extent that the recodification act of the 2006 regular session of the general assembly is not substantively identical to the prior law.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-6References to repealed statutes

     Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2006 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-7References to citations

     Sec. 7. A citation reference in the recodification act of the 2006 regular session of the general assembly to another provision of the recodification act of the 2006 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2006 regular session of the general assembly that is referred to by the citation reference.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-8References to prior rules

     Sec. 8. (a) As used in the recodification act of the 2006 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2006 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2006 regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.

     (b) Rules adopted under the prior law continue in effect after June 30, 2006, until the rules are amended, repealed, or suspended.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-17-2-9References to prior law

     Sec. 9. (a) A reference in the recodification act of the 2006 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2006 regular session of the general assembly only as an aid to the reader.

     (b) The inclusion or omission in the recodification act of the 2006 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2006 regular session of the general assembly (July 1, 2006). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2006 regular session of the general assembly had not been enacted.

     (c) The inclusion or omission in the recodification act of the 2006 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2006 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2006 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.71.

 

IC 20-18ARTICLE 18. GENERAL PROVISIONS
           Ch. 1.Applicability
           Ch. 2.Definitions
           Ch. 3.Legislative Intent

 

IC 20-18-1Chapter 1. Applicability
           20-18-1-1Applicability of title

 

IC 20-18-1-1Applicability of title

     Sec. 1. Except as otherwise provided, this title applies to public school corporations.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2Chapter 2. Definitions
           20-18-2-1Application
           20-18-2-1.5"ADA"
           20-18-2-2"Average daily membership"; ADM
           20-18-2-2.5"Charter school"
           20-18-2-2.6"Chronic absenteeism"
           20-18-2-2.7"Curricular material"
           20-18-2-2.8"Criminal organization"
           20-18-2-2.9"Current ADM"
           20-18-2-3"Department"
           20-18-2-3.5"Dyslexia"
           20-18-2-4"Elementary school"
           20-18-2-4.5"Fall count"
           20-18-2-5"Governing body"
           20-18-2-6"Graduation examination"
           20-18-2-6.3"Graduation pathway requirement"
           20-18-2-6.5"Habitual truant"
           20-18-2-7"High school"
           20-18-2-8"Indiana physician"
           20-18-2-9"Individualized education program"
           20-18-2-10Repealed
           20-18-2-11"Legal settlement"
           20-18-2-12"Nonpublic school"
           20-18-2-13"Parent"
           20-18-2-13.5"Political subdivision"
           20-18-2-14"Principal"
           20-18-2-14.3"Property tax"
           20-18-2-15"Public school"
           20-18-2-16"School corporation"
           20-18-2-17"School year"
           20-18-2-18"Secondary school"
           20-18-2-18.3"Special curriculum"
           20-18-2-18.5"Spring count"
           20-18-2-19"State board"
           20-18-2-20"State superintendent"
           20-18-2-20.3"State tuition support"
           20-18-2-20.7"Statewide assessment program"
           20-18-2-21"Superintendent"
           20-18-2-21.5Repealed
           20-18-2-22"Teacher"
           20-18-2-23Repealed
           20-18-2-24"Transfer"
           20-18-2-25"Transferor corporation"; "transferee corporation"
           20-18-2-26"Transferred student"

 

IC 20-18-2-1Application

     Sec. 1. The definitions in this chapter apply throughout this title.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-1.5"ADA"

     Sec. 1.5. (a) "ADA", for purposes of this title (except IC 20-23-4-19 and IC 20-45-7), means the average number of pupils in daily attendance in the school corporation, determined in accordance with the rules established by the state board.

     (b) "ADA", for purposes of IC 20-23-4-19, has the meaning set forth in IC 20-23-4-19.

     (c) "ADA", for purposes of IC 20-45-7, has the meaning set forth in IC 20-45-7-3.

[Pre-2006 Recodification Citation: 6-1.1-19-1(b).]

As added by P.L.2-2006, SEC.72.

 

IC 20-18-2-2"Average daily membership"; ADM

     Sec. 2. "ADM", except as otherwise provided by law, refers to current ADM under IC 20-43-4 for the school year ending in the current calendar year.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.2. Amended by P.L.2-2006, SEC.73; P.L.205-2013, SEC.220; P.L.217-2017, SEC.91.

 

IC 20-18-2-2.5"Charter school"

     Sec. 2.5. "Charter school" has the meaning set forth in IC 20-24-1-4.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.74.

 

IC 20-18-2-2.6"Chronic absenteeism"

     Sec. 2.6. "Chronic absenteeism" has the meaning set forth in IC 20-20-8-8.

As added by P.L.246-2013, SEC.2.

 

IC 20-18-2-2.7"Curricular material"

     Sec. 2.7. "Curricular materials" means systematically organized material designed to provide a specific level of instruction in a subject matter category, including:

(1) books;

(2) hardware that will be consumed, accessed, or used by a single student during a semester or school year;

(3) computer software; and

(4) digital content.

As added by P.L.286-2013, SEC.9.

 

IC 20-18-2-2.8"Criminal organization"

     Sec. 2.8. "Criminal organization" has the meaning set forth in IC 35-45-9-1.

As added by P.L.190-2013, SEC.4. Amended by P.L.25-2016, SEC.4.

 

IC 20-18-2-2.9"Current ADM"

     Sec. 2.9. "Current ADM" has the meaning set forth in IC 20-43-1-10.

As added by P.L.205-2013, SEC.221.

 

IC 20-18-2-3"Department"

     Sec. 3. "Department" refers to the department of education established by IC 20-19-3-1.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-18.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-3.5"Dyslexia"

     Sec. 3.5. "Dyslexia" means a specific learning disability that:

(1) is neurological in origin and characterized by:

(A) difficulties with accurate or fluent word recognition; and

(B) poor spelling and decoding abilities;

(2) typically results from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction;

(3) may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge; and

(4) may require the provision of special education services after an eligibility determination is made in accordance with 511 IAC 7-40.

As added by P.L.215-2015, SEC.1.

 

IC 20-18-2-4"Elementary school"

     Sec. 4. "Elementary school" means any combination of kindergarten and grades 1, 2, 3, 4, 5, 6, 7, or 8.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-15.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-4.5"Fall count"

     Sec. 4.5. "Fall count" has the meaning set forth in IC 20-43-1-12.3 (before its repeal on July 1, 2017).

As added by P.L.205-2013, SEC.222. Amended by P.L.217-2017, SEC.92.

 

IC 20-18-2-5"Governing body"

     Sec. 5. "Governing body" means:

(1) a board of school commissioners;

(2) a metropolitan board of education;

(3) a board of trustees; or

(4) any other board or commission charged by law with the responsibility of administering the affairs of a school corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-3; 20-10.1-1-5.]

As added by P.L.1-2005, SEC.2. Amended by P.L.233-2015, SEC.29.

 

IC 20-18-2-6"Graduation examination"

     Sec. 6. (a) "Graduation examination" means the test designated by the board under the ISTEP program.

     (b) This section expires July 1, 2018.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-16-1.5.]

As added by P.L.1-2005, SEC.2. Amended by P.L.242-2017, SEC.1.

 

IC 20-18-2-6.3"Graduation pathway requirement"

     Sec. 6.3. (a) This section applies after June 30, 2018.

     (b) "Graduation pathway requirement" refers to requirements established by the state board under IC 20-32-4-1.5(b)(1).

As added by P.L.242-2017, SEC.2.

 

IC 20-18-2-6.5"Habitual truant"

     Sec. 6.5. "Habitual truant" has the meaning set forth in IC 20-20-8-8.

As added by P.L.246-2013, SEC.3.

 

IC 20-18-2-7"High school"

     Sec. 7. "High school" means any combination of grades 9, 10, 11, or 12.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-16.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-8"Indiana physician"

     Sec. 8. "Indiana physician" means an individual who holds an unlimited license to practice medicine in Indiana.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-8.1-1-14; 20-9.1-1-10.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-9"Individualized education program"

     Sec. 9. "Individualized education program" means a written statement developed for a child by a group that includes:

(1) a representative of the school corporation or public agency responsible for educating the child;

(2) the child's teacher;

(3) the child's parent, guardian, or custodian;

(4) if appropriate, the child; and

(5) if the provision of services for a child with a serious emotional disability is considered, a mental health professional provided by:

(A) the community mental health center (as described in IC 12-29); or

(B) a managed care provider (as defined in IC 12-7-2-127(b));

serving the community in which the child resides;

and that describes the special education to be provided to the child.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-1(5).]

As added by P.L.1-2005, SEC.2. Amended by P.L.99-2007, SEC.161.

 

IC 20-18-2-10Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-16-2.]

As added by P.L.1-2005, SEC.2. Repealed by P.L.242-2017, SEC.3.

 

IC 20-18-2-11"Legal settlement"

     Sec. 11. "Legal settlement" of a student means the student's status with respect to the school corporation that has the responsibility to allow the student to attend its local public schools without the payment of tuition, or to pay transfer tuition under IC 20-26-11 if the student attends school in a local public school of another school corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-1-7.1.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-12"Nonpublic school"

     Sec. 12. (a) "Nonpublic school" means a school that is not maintained by a school corporation.

     (b) The term includes a private school or parochial school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-3.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-13"Parent"

     Sec. 13. "Parent" means:

(1) the natural father or mother of a child;

(2) in the case of adoption, the adopting father or mother of a child;

(3) if custody of the child has been awarded in a court proceeding to someone other than the mother or father, the court appointed guardian or custodian of the child; or

(4) if the parents of a child are divorced, the parent to whom the divorce decree or modification awards custody or control with respect to a right or obligation under this title.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-8.1-1-3; 20-10.1-1-9.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-13.5"Political subdivision"

     Sec. 13.5. "Political subdivision" has the meaning set forth in IC 36-1-2-13.

[Pre-2006 Recodification Citation: 20-26-5-21(c).]

As added by P.L.2-2006, SEC.75.

 

IC 20-18-2-14"Principal"

     Sec. 14. "Principal" refers to the chief administrative officer of a school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-8.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-14.3"Property tax"

     Sec. 14.3. "Property tax" refers to an ad valorem property tax.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.76.

 

IC 20-18-2-15"Public school"

     Sec. 15. "Public school":

(1) for purposes of this title (other than IC 20-33-1), means a school maintained by a school corporation; and

(2) for purposes of IC 20-33-1, means:

(A) a school maintained by a school corporation; or

(B) a preschool, an elementary school, or a high school maintained by a state educational institution under IC 20-24.5 or another law.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-2.]

As added by P.L.1-2005, SEC.2. Amended by P.L.2-2007, SEC.198.

 

IC 20-18-2-16"School corporation"

     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 20-28-11.5, 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) consolidated school corporation;

(4) metropolitan school district;

(5) township school corporation;

(6) county school corporation;

(7) united school corporation; or

(8) 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.

     (f) "School corporation", for purposes of IC 20-35, has the meaning set forth in IC 20-35-1-6.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-5; 20-10.1-1-1.]

As added by P.L.1-2005, SEC.2. Amended by P.L.2-2006, SEC.77; P.L.90-2011, SEC.3; P.L.6-2012, SEC.123; P.L.190-2013, SEC.5; P.L.233-2015, SEC.30.

 

IC 20-18-2-17"School year"

     Sec. 17. "School year" means the period:

(1) beginning after June 30 of each year; and

(2) ending before July 1 of the following year;

except when a different period is specified for a particular purpose.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-2-1(a).]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-18"Secondary school"

     Sec. 18. (a) Except as provided in subsection (b), "secondary school" means a high school.

     (b) For purposes of IC 20-28-9-25, "secondary school" has the meaning set forth in IC 20-28-9-25.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.2. Amended by P.L.127-2016, SEC.3.

 

IC 20-18-2-18.3"Special curriculum"

     Sec. 18.3. "Special curriculum" means a course of study embracing subject matter or a teaching methodology that is not generally offered to students of the same age or grade level in the same school corporation. The term does not include:

(1) a course of study or a part of a course of study designed solely for special education or limited English language proficiency students; or

(2) a course of study or part of a course of study in which any student is unable to participate because of the student's limited financial resources.

As added by P.L.282-2013, SEC.1.

 

IC 20-18-2-18.5"Spring count"

     Sec. 18.5. "Spring count" refers to the informational spring count of eligible pupils under IC 20-43-4.

As added by P.L.205-2013, SEC.223. Amended by P.L.217-2017, SEC.93.

 

IC 20-18-2-19"State board"

     Sec. 19. "State board" refers to the Indiana state board of education established by:

(1) before June 1, 2015, IC 20-19-2-2 (expired June 1, 2015); and

(2) after May 31, 2015, IC 20-19-2-2.1.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-1; 20-10.1-1-17.]

As added by P.L.1-2005, SEC.2. Amended by P.L.224-2015, SEC.2.

 

IC 20-18-2-20"State superintendent"

     Sec. 20. "State superintendent" refers to the:

(1) before January 11, 2025, state superintendent of public instruction; and

(2) after January 10, 2025, secretary of education appointed by the governor under IC 20-19-1-1.1.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-6; 20-10.1-1-7.]

As added by P.L.1-2005, SEC.2. Amended by P.L.219-2017, SEC.14.

 

IC 20-18-2-20.3"State tuition support"

     Sec. 20.3. "State tuition support" has the meaning set forth in IC 20-43-1-25.

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.78.

 

IC 20-18-2-20.7"Statewide assessment program"

     Sec. 20.7. "Statewide assessment program" refers to:

(1) for school years ending before July 1, 2018, the ISTEP program under IC 20-32-5; and

(2) for school years beginning after June 30, 2018, the Indiana's Learning Evaluation Assessment Readiness Network (ILEARN) program under IC 20-32-5.1.

As added by P.L.242-2017, SEC.4.

 

IC 20-18-2-21"Superintendent"

     Sec. 21. "Superintendent" means the chief administrative officer of a school corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citations: 20-6.1-1-7; 20-10.1-1-6.]

As added by P.L.1-2005, SEC.2. Amended by P.L.233-2015, SEC.31.

 

IC 20-18-2-21.5Repealed

[2006 Recodification Citation: New.]

As added by P.L.2-2006, SEC.79. Repealed by P.L.182-2009(ss), SEC.467.

 

IC 20-18-2-22"Teacher"

     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 who holds a license under IC 20-28-5.

(2) A principal.

(3) A teacher.

(4) A librarian.

(5) A school counselor.

(6) A school psychologist.

     (c) For purposes of IC 20-43-10-3.5, the term means a professional person whose position with a:

(1) school corporation;

(2) special education cooperative established under IC 20-35-5;

(3) cooperative career and technical education program;

(4) special education program established by an interlocal agreement under IC 36-1-7;

(5) joint program agreement established under IC 20-26-10; or

(6) charter school;

requires a license (as defined in IC 20-28-1-7) and whose primary responsibility is the instruction of students in the classroom or virtual classroom.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-1-8.]

As added by P.L.1-2005, SEC.2. Amended by P.L.246-2005, SEC.126; P.L.90-2011, SEC.4; P.L.167-2013, SEC.1; P.L.43-2014, SEC.1; P.L.213-2015, SEC.151; P.L.219-2015, SEC.1; P.L.217-2017, SEC.94.

 

IC 20-18-2-23Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-1-12.5.]

As added by P.L.1-2005, SEC.2. Amended by P.L.73-2011, SEC.2. Repealed by P.L.286-2013, SEC.10.

 

IC 20-18-2-24"Transfer"

     Sec. 24. "Transfer" with respect to a student refers to the situation in which the student, for all or part of the student's education, attends school in a public school of a school corporation other than the school corporation in which the student has legal settlement.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-1-7.2.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-25"Transferor corporation"; "transferee corporation"

     Sec. 25. "Transferor corporation" and "transferee corporation" refer, respectively, in transfer situations to the school corporation of a student's legal settlement and the school corporation where the student attends school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-1-7.2.]

As added by P.L.1-2005, SEC.2.

 

IC 20-18-2-26"Transferred student"

     Sec. 26. (a) "Transferred student" means a student attending school in a school corporation in which the student does not have legal settlement.

     (b) For purposes of subsection (a), a student is considered attending school in a school corporation when:

(1) the student is confined by a disability to a place outside the school corporation's facilities and receives instruction from school corporation personnel;

(2) the student attends a special education school or career and technical education school in which the school corporation of the student's legal settlement provides cooperatively a portion of the cost; or

(3) the student is in another similar situation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-8.1-1-7.2.]

As added by P.L.1-2005, SEC.2. Amended by P.L.234-2007, SEC.86.

 

IC 20-18-3Chapter 3. Legislative Intent
           20-18-3-1Legislative intent

 

IC 20-18-3-1Legislative intent

     Sec. 1. The Constitution of the State of Indiana provides that the general assembly establishes the education policies for the state of Indiana. The general assembly has delegated duties to the state board in IC 20-19-2-14 and other statutes and may continue to authorize the state board to establish policies and procedures in the manner set forth by statute. The department is responsible for administering and carrying out the duties of the department as provided by IC 20-19-3-4 and other statutes and by the policies and procedures established by the state board in the manner set forth in statute.

As added by P.L.224-2015, SEC.3.

 

IC 20-19ARTICLE 19. STATE ADMINISTRATION OF ELEMENTARY AND SECONDARY EDUCATION
           Ch. 1.State Superintendent of Public Instruction
           Ch. 2.State Board of Education
           Ch. 3.Department of Education
           Ch. 3.5.School Data Reporting
           Ch. 4.Repealed
           Ch. 5.Children's Social, Emotional, and Behavioral Health Plan
           Ch. 6.Indiana Works Councils
           Ch. 6.2.Indiana Family Friendly School Designation

 

IC 20-19-1Chapter 1. State Superintendent of Public Instruction
           20-19-1-1Election of superintendent; term of office
           20-19-1-1.1Appointment of secretary of education
           20-19-1-2Distribution of surplus agricultural commodities
           20-19-1-3Duties and authority concerning school lunch programs

 

IC 20-19-1-1Election of superintendent; term of office

     Sec. 1. (a) Before January 1, 2021, the state superintendent shall be elected under IC 3-10-2-6 by the voters of Indiana.

     (b) The term of office of the state superintendent is four (4) years:

(1) beginning on the second Monday in January after election; and

(2) continuing until a successor is elected or appointed and qualified.

     (c) This section expires July 1, 2025.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.5-2.]

As added by P.L.1-2005, SEC.3. Amended by P.L.219-2017, SEC.15.

 

IC 20-19-1-1.1Appointment of secretary of education

     Sec. 1.1. (a) After January 10, 2025, the governor shall appoint an individual to be the secretary of education.

     (b) For purposes of Article 5, Section 10 and Article 8, Section 8 of the Constitution of the State of Indiana, the secretary of education is the state superintendent of public instruction.

     (c) The individual appointed under this section serves at the pleasure of and at a salary determined by the governor.

     (d) An individual may not be appointed by the governor to be secretary of education under subsection (a) unless the individual:

(1) has resided in Indiana for at least two (2) years before the appointment;

(2) has demonstrated personal and professional leadership success, preferably in the administration of public education;

(3) possesses an earned advanced degree, preferably in education or educational administration, awarded from a regionally or nationally accredited college or university; and

(4) either:

(A) at the time of taking office is licensed or otherwise employed as a teacher, principal, or superintendent;

(B) has held a license as a teacher, superintendent, or principal, or any combination of these licenses, for at least five (5) years at any time before taking office; or

(C) has a total of at least five (5) years of work experience as any of the following, or any combination of the following, before taking office:

(i) Teacher.

(ii) Superintendent.

(iii) Principal.

(iv) Executive in the field of education.

     (e) The secretary of education is the chief executive officer of the department.

As added by P.L.219-2017, SEC.16.

 

IC 20-19-1-2Distribution of surplus agricultural commodities

     Sec. 2. The state superintendent is designated to, and may cooperate with, the Agricultural Marketing Service of the United States Department of Agriculture and with other federal relief agencies in the distribution of surplus agricultural commodities to the following:

(1) School corporations.

(2) Nonprofit nonpublic schools.

(3) Township and county relief agencies.

(4) Other nonprofit public and private institutions to which by law the commodities may be distributed.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-16-1.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-1-3Duties and authority concerning school lunch programs

     Sec. 3. The state superintendent has administrative duties and authority concerning the school lunch programs under IC 20-26-9.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-2Chapter 2. State Board of Education
           20-19-2-1Repealed
           20-19-2-2Expired
           20-19-2-2.1Establishment of state board
           20-19-2-2.2Membership; quorum; monthly meetings
           20-19-2-2.3Transfer or responsibilities relating to the state board
           20-19-2-2.4Meeting agenda and notice
           20-19-2-3Repealed
           20-19-2-4Repealed
           20-19-2-4.5Advisory committee on career and technical education
           20-19-2-5Hearing examiners
           20-19-2-6Secretary; powers and duties; seal
           20-19-2-7Compensation of board members
           20-19-2-8Adoption of administrative rules by state board
           20-19-2-9Repealed
           20-19-2-10Policy; recognition of educational programs of nonpublic schools; accreditation; waiver of accreditation for certain schools
           20-19-2-11School improvement and achievement plans; rules
           20-19-2-12Guidelines on selection school sites and construction, alteration, and repair of school buildings and facilities
           20-19-2-13Repealed
           20-19-2-14Duties of state board
           20-19-2-14.5Adoption of Indiana college and career readiness educational standards; implementation
           20-19-2-15Freeway school corporation and freeway school
           20-19-2-16Federal aid concerning children with disabilities
           20-19-2-17Federal aid concerning career and technical education
           20-19-2-18State treasurer as custodian for career and technical education funds
           20-19-2-19Federal funds for career and technical education; use of funds subject to allocation by general assembly
           20-19-2-20High school fast track program diploma designed by board

 

IC 20-19-2-1Repealed

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.3. Repealed by P.L.73-2011, SEC.22.

 

IC 20-19-2-2Expired

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-1(a).]

As added by P.L.1-2005, SEC.3. Amended by P.L.224-2015, SEC.4. Expired 6-1-2015 by P.L.224-2015, SEC.4.

 

IC 20-19-2-2.1Establishment of state board

     Sec. 2.1. (a) This section applies beginning June 1, 2015.

     (b) The Indiana state board of education is established.

     (c) The state board may appoint an executive director. The executive director may, with the approval of the state board, hire personnel necessary to carry out the duties and responsibilities of the state board under this title. The state board shall be funded by an appropriation from the general assembly.

     (d) The state board and the department are considered state educational authorities within the meaning of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

As added by P.L.224-2015, SEC.5.

 

IC 20-19-2-2.2Membership; quorum; monthly meetings

     Sec. 2.2. (a) Beginning June 1, 2015, the state board consists of the following members:

(1) The state superintendent.

(2) Eight (8) members appointed by the governor. The following provisions apply to members of the state board appointed under this subdivision:

(A) At least six (6) members appointed under this subdivision must have professional experience in the field of education as provided in subsection (b).

(B) Members shall be appointed from different parts of Indiana with not more than one (1) member being appointed from a particular congressional district.

(C) Not more than five (5) members of the state board may be appointed from the membership of any one (1) political party.

(3) One (1) member, who is not a member of the general assembly, appointed by the speaker of the house of representatives.

(4) One (1) member, who is not a member of the general assembly, appointed by the president pro tempore of the senate.

     (b) For purposes of subsection (a), an individual is considered to have professional experience in the field of education if the individual has teaching or leadership experience at a postsecondary educational institution or is currently employed as, or is retired from a position as:

(1) a teacher;

(2) a principal;

(3) an assistant superintendent; or

(4) a superintendent.

     (c) A quorum consists of six (6) members of the state board. An action of the state board is not official unless the action is authorized by at least six (6) members.

     (d) Subject to subsection (e), the members of the state board shall elect a chairperson and vice chairperson annually from the members of the state board. The vice chairperson shall act as chairperson in the absence of the chairperson.

     (e) Notwithstanding subsection (d), the state superintendent shall serve as the chairperson of the state board until a chairperson is elected under subsection (d) at the first meeting of the state board after December 31, 2016, which shall be held not later than January 15, 2017. A vice chairperson shall be elected at the first meeting of the state board after June 30, 2015, which shall be held not later than August 1, 2015. This subsection expires July 1, 2018.

     (f) Except as otherwise provided in subsection (g), each member appointed under subsection (a)(2) through (a)(4) serves a four (4) year term. The term begins on July 1.

     (g) A member appointed under subsection (a)(2) through (a)(4) may be removed from the state board by the member's appointing authority for just cause. Vacancies in the appointments to the state board shall be filled by the appointing authority. A member appointed under this subsection serves for the remainder of the unexpired term.

     (h) The state board shall meet at a minimum at least one (1) time each month. The state board shall establish the date of the next monthly meeting during the monthly meeting of the state board. In addition to the monthly meeting required under this subsection, the state board shall meet at the call of the chairperson.

As added by P.L.224-2015, SEC.6.

 

IC 20-19-2-2.3Transfer or responsibilities relating to the state board

     Sec. 2.3. (a) After May 31, 2015, a reference to the state board in a statute, rule, or other document is considered a reference to the state board established by section 2.1 of this chapter.

     (b) After May 31, 2015, a rule adopted by the state board established by section 2 of this chapter (expired June 1, 2015) is considered a rule adopted by the state board established by section 2.1 of this chapter. However, a rule concerning driver education is considered a rule of the bureau of motor vehicles.

     (c) On June 1, 2015, the property and obligations of the state board established by section 2 of this chapter (expired June 1, 2015) are transferred to the state board established by section 2.1 of this chapter.

     (d) An action taken by the state board established by section 2 of this chapter (expired June 1, 2015) before June 1, 2015, shall be treated after May 31, 2015, as if it were originally taken by the state board established by section 2.1 of this chapter.

As added by P.L.224-2015, SEC.7. Amended by P.L.198-2016, SEC.649.

 

IC 20-19-2-2.4Meeting agenda and notice

     Sec. 2.4. (a) The chairperson and the vice chairperson are jointly responsible for establishing agendas for state board meetings after receiving and considering recommended agenda items from the members of the state board.

     (b) Notwithstanding IC 5-14-1.5-5, the chairperson shall provide public notice of a state board meeting in the manner described in IC 5-14-1.5-5(b) and shall make the agenda for a state board meeting available on both the state board's and the department's Internet web sites at least five (5) days before the state board meeting.

As added by P.L.224-2015, SEC.8.

 

IC 20-19-2-3Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-1(b).]

As added by P.L.1-2005, SEC.3. Repealed by P.L.73-2011, SEC.22.

 

IC 20-19-2-4Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-1(c),(d).]

As added by P.L.1-2005, SEC.3. Repealed by P.L.73-2011, SEC.22.

 

IC 20-19-2-4.5Advisory committee on career and technical education

     Sec. 4.5. (a) The advisory committee on career and technical education is established to advise the state board on policy matters concerning career and technical education. The advisory committee on career and technical education consists of:

(1) the state superintendent or the state superintendent's designee; and

(2) seven (7) members appointed by the state superintendent.

     (b) The following provisions apply to members of the advisory committee on career and technical education:

(1) At least four (4) of the members must be actively employed as area career and technical education directors in schools in Indiana and hold a valid career and technical education director license.

(2) Not more than one (1) member may be from any secondary area district in Indiana.

(3) Members serve at the pleasure of the state superintendent.

     (c) The state superintendent or the state superintendent's designee serves as the chairperson of the advisory committee on career and technical education.

As added by P.L.7-2011, SEC.4.

 

IC 20-19-2-5Hearing examiners

     Sec. 5. If the state board is required to conduct hearings under IC 4-21.5-3, the state board may use hearing examiners who are not members of the state board to conduct the hearings.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-1(e).]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-2-6Secretary; powers and duties; seal

     Sec. 6. (a) The state board shall elect one (1) member to serve as secretary. The secretary shall:

(1) maintain custody of the state board's records, papers, and effects; and

(2) keep minutes of the state board's proceedings.

The records, papers, effects, and minutes of all meetings and actions of the state board shall be kept at the office of the state superintendent and are public records.

     (b) The state board shall adopt and use a seal that contains the words "Indiana State Board of Education". A written description of the seal shall be recorded in the minutes of the state board and filed in the office of the secretary of state. The seal shall be used for the authentication of the acts of the state board and the important acts of the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-5(a).]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-2-7Compensation of board members

     Sec. 7. (a) Each member of the state board who is not an officer or employee of the state is entitled to an annual salary of two thousand dollars ($2,000).

     (b) Each member of the state board is entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. The compensation of members employed in the public schools may not be decreased because of regular service on the state board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-5(b).]

As added by P.L.1-2005, SEC.3. Amended by P.L.73-2011, SEC.3.

 

IC 20-19-2-8Adoption of administrative rules by state board

     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 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 20-28-11.5; and

(E) IC 20-31-3, IC 20-32-4, IC 20-32-5 (for school years ending before July 1, 2018), IC 20-32-5.1 (for school years beginning after June 30, 2018), 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.

(5) The distribution of funds and revenues appropriated for the support of schools in the state.

(6) The state board may not establish an accreditation system for nonpublic schools that is less stringent than the accreditation system for public schools.

(7) 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.

(8) The establishment and enforcement of standards and guidelines concerning the safety of students participating in cheerleading activities.

(9) 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.

[Pre-2005 Elementary and Secondary Recodification Citation: 20-1-1-6(a), (d).]

As added by P.L.1-2005, SEC.3. Amended by P.L.65-2005, SEC.2; P.L.146-2008, SEC.450; P.L.101-2009, SEC.14; P.L.73-2011, SEC.4; P.L.90-2011, SEC.5; P.L.145-2011, SEC.25; P.L.13-2013, SEC.53; P.L.286-2013, SEC.11; P.L.242-2017, SEC.5.

 

IC 20-19-2-9Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-6(b),(c).]

As added by P.L.1-2005, SEC.3. Repealed by P.L.73-2011, SEC.22.

 

IC 20-19-2-10Policy; recognition of educational programs of nonpublic schools; accreditation; waiver of accreditation for certain schools

     Sec. 10. (a) It is the policy of the state that the state:

(1) recognizes that nonpublic schools provide education to children in Indiana;

(2) has an interest in ensuring that all Indiana children are well educated in both curricular and extracurricular programs; and

(3) should facilitate the transferability of comparable academic credit between appropriate nonpublic schools and state supported educational institutions.

     (b) The state board shall implement a system of recognition of the educational programs of nonpublic schools to fulfill the policy set forth in subsection (a).

     (c) The system of recognition described under subsection (b) must:

(1) be voluntary in nature with respect to the nonpublic school;

(2) recognize the characteristics that distinguish nonpublic schools from public schools; and

(3) be a recognition system that is separate from the accreditation standards required of public schools and available to nonpublic schools under section 8(a)(4) of this chapter.

     (d) This section does not prohibit a nonpublic school from seeking accreditation under section 8(a)(4) of this chapter.

     (e) The department shall waive accreditation standards for an accredited nonpublic alternative school that enters into a contract with a school corporation to provide alternative education services for students who have:

(1) dropped out of high school;

(2) been expelled; or

(3) been sent to the nonpublic alternative school due to the students' lack of success in the public school environment;

to accommodate the nonpublic alternative school's program and student population. A nonpublic alternative school to which this subsection applies is not subject to being placed in a category or designation under IC 20-31-8-4. However, the nonpublic alternative school must comply with all state reporting requirements and submit a school improvement growth model on the anniversary date of the nonpublic alternative school's original accreditation.

     (f) The state board may accredit a nonpublic school under this section at the time the nonpublic school begins operation in Indiana.

     (g) The state board shall adopt rules under IC 4-22-2 to implement this section.

[Pre-2005 Secondary and Elementary Recodification Citation: 20-1-1-6.2.]

As added by P.L.1-2005, SEC.3. Amended by P.L.65-2012, SEC.1; P.L.251-2017, SEC.1.

 

IC 20-19-2-11School improvement and achievement plans; rules

     Sec. 11. (a) As used in this section, "plan" refers to a strategic and continuous school improvement and achievement plan developed under IC 20-31-5.

     (b) A plan must:

(1) conform to the requirements of IC 20-31-5; and

(2) include a professional development program.

     (c) The governing body may do the following for a school that participates in a plan:

(1) Invoke a waiver of a rule adopted by the state board under IC 20-31-5-5(b).

(2) Develop a plan for the admission of students who do not reside in the school's attendance area but have legal settlement in the school corporation.

     (d) In approving a school corporation's actions under this section, the state board shall consider whether the governing body has done the following:

(1) Approved a school's plan.

(2) Demonstrated the support of the exclusive representative only for the professional development program component of the plan.

     (e) The state board may waive any statute or rule relating to curriculum in accordance with IC 20-31-5-5.

     (f) As part of the plan, the governing body may develop and implement a policy to do the following:

(1) Allow the transfer of a student who resides in the school's attendance area but whose parent requests that the student attend another school in the school corporation of legal settlement.

(2) Inform parents of their rights under this section.

     (g) The state board shall adopt rules under IC 4-22-2 to implement this section.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-6.3.]

As added by P.L.1-2005, SEC.3. Amended by P.L.73-2011, SEC.5; P.L.233-2015, SEC.32.

 

IC 20-19-2-12Guidelines on selection school sites and construction, alteration, and repair of school buildings and facilities

     Sec. 12. (a) The state board shall, in the manner provided by IC 4-22-2, adopt rules setting forth nonbinding guidelines for the selection of school sites and the construction, alteration, and repair of school buildings, athletic facilities, and other categories of facilities related to the operation and administration of school corporations. The nonbinding guidelines must include:

(1) preferred location and building practices for school corporations, including standards for enhancing health, student safety, accessibility, energy efficiency, operating efficiency, and instructional efficacy;

(2) guidelines concerning minimum acreage, cost per square foot or cost per ADM (as defined in IC 20-18-2-2), technology infrastructure, building materials, per student square footage, and other general space requirements, including space for academics, administration and staff support, arts education and auditoriums, libraries, cafeterias, athletics and physical education, transportation facilities, and maintenance and repair facilities; and

(3) additional guidelines that the state board considers necessary for efficient and cost effective construction of school facilities.

The state building commissioner, the office of management and budget, and the department of local government finance shall, upon request of the board, provide technical assistance as necessary for the development of the guidelines.

     (b) The state board shall annually compile, in a document capable of easy revision, the:

(1) guidelines described in subsection (a); and

(2) rules of the:

(A) fire prevention and building safety commission; and

(B) state department of health;

that govern site selection and the construction, alteration, and repair of school buildings.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-6.4.]

As added by P.L.1-2005, SEC.3. Amended by P.L.1-2006, SEC.313; P.L.146-2008, SEC.451; P.L.218-2014, SEC.4; P.L.233-2015, SEC.33.

 

IC 20-19-2-13Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-9.]

As added by P.L.1-2005, SEC.3. Amended by P.L.146-2008, SEC.452. Repealed by P.L.233-2015, SEC.34.

 

IC 20-19-2-14Duties of state board

     Sec. 14. The state board shall do the following:

(1) Establish the educational goals of the state, developing standards and objectives for local school corporations.

(2) Assess the attainment of the established goals.

(3) Assure compliance with established standards and objectives.

(4) Coordinate with the commission for higher education (IC 21-18-1) and the department of workforce development (IC 22-4.1-2) to develop entrepreneurship education programs for elementary and secondary education, higher education, and individuals in the work force.

(5) Make recommendations to the governor and general assembly concerning the educational needs of the state, including financial needs.

(6) Provide for reviews to ensure the validity and reliability of the statewide assessment program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-7.]

As added by P.L.1-2005, SEC.3. Amended by P.L.172-2011, SEC.120; P.L.286-2013, SEC.12; P.L.242-2017, SEC.6.

 

IC 20-19-2-14.5Adoption of Indiana college and career readiness educational standards; implementation

     Sec. 14.5. (a) As used in this section:

(1) "college and career readiness educational standards" means Indiana standards that a high school graduate must meet to obtain the requisite knowledge and skill to transition without remediation to postsecondary education or training, and ultimately into a sustainable career; and

(2) "cut scores" means the scores that define a student's performance on an assessment, including passing, failing, or falling into a performance category.

     (b) The state board shall adopt Indiana college and career readiness educational standards. The educational standards must do the following:

(1) Meet national and international benchmarks for college and career readiness standards and be aligned with postsecondary educational expectations.

(2) Use the highest standards in the United States.

(3) Comply with federal standards to receive a flexibility waiver under 20 U.S.C. 7861, as in effect on January 1, 2014.

(4) Prepare Indiana students for college and career success, including the proper preparation for nationally recognized college entrance examinations such as the ACT and SAT.

(5) Maintain Indiana sovereignty.

(6) Provide strict safeguards to protect the confidentiality of student data.

     (c) The state, or the state board on behalf of the state, may not enter into or renew an agreement with any organization, entity, group, or consortium that requires the state to cede any measure of autonomy or control of education standards and assessments, including cut scores. The state board may not adopt Common Core (Common Core State Standards Initiative) or an assessment or test, except as provided in this subsection, that is produced solely by the United States government or a consortium of states. However, the state board is not prohibited from incorporating as part of Indiana's statewide assessments any assessment, part of an assessment, or series of questions if the assessment, part of an assessment, or series of questions is aligned to Indiana's academic standards.

     (d) The state board may adopt emergency rules in the manner provided in IC 4-22-2-37.1 to implement this section. As provided in IC 4-22-2-37.1 for an emergency rule adopted under this section to be effective after one (1) extension period, the rule must be adopted in conformity with the procedures under IC 4-22-2-24 through IC 4-22-2-36.

As added by P.L.286-2013, SEC.13. Amended by P.L.31-2014, SEC.1; P.L.239-2015, SEC.2.

 

IC 20-19-2-15Freeway school corporation and freeway school

     Sec. 15. The state board shall comply with IC 20-26-15 to establish a freeway school corporation and a freeway school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1-8.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-2-16Federal aid concerning children with disabilities

     Sec. 16. (a) The state accepts the provisions and benefits of laws enacted by the Congress of the United States that provide for aid to children with disabilities.

     (b) The state board is designated as the proper authority and may accept any federal funds appropriated to aid in the education of children with disabilities. The state board shall comply with all the requirements of:

(1) federal law concerning any federal funds relating to special educational activities; and

(2) any amendments to those laws or rules and regulations issued under and in conformity with those laws and not inconsistent with this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-4.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-2-17Federal aid concerning career and technical education

     Sec. 17. The provisions of an act of Congress entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of career and technical education subjects; and to appropriate money and regulate its expenditure," are accepted by the state as to the following:

(1) Appropriations for the salaries of:

(A) teachers;

(B) supervisors; or

(C) directors;

of agricultural subjects.

(2) Appropriations for salaries for teachers of trade and industrial subjects.

(3) Appropriations for the training of teachers of career and technical education subjects.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-8-1.]

As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.87.

 

IC 20-19-2-18State treasurer as custodian for career and technical education funds

     Sec. 18. (a) The treasurer of state is designated as the custodian for career and technical education.

     (b) The treasurer of state shall do the following:

(1) Receive money paid to the state from the United States treasury under the act of Congress described in section 17 of this chapter.

(2) Pay the money described in subdivision (1), upon the warrant of the auditor of state, when the money is certified by the state board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-8-2.]

As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.88.

 

IC 20-19-2-19Federal funds for career and technical education; use of funds subject to allocation by general assembly

     Sec. 19. (a) The state board shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.).

     (b) The state board may not expend or distribute funds received under subsection (a) unless those funds have been allocated by the general assembly.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-8-3.]

As added by P.L.1-2005, SEC.3. Amended by P.L.234-2007, SEC.89; P.L.7-2011, SEC.5.

 

IC 20-19-2-20High school fast track program diploma designed by board

     Sec. 20. The state board shall design a high school diploma to be granted to individuals who successfully complete a high school fast track program under IC 21-43-8.

As added by P.L.185-2006, SEC.6. Amended by P.L.1-2007, SEC.141; P.L.2-2007, SEC.199; P.L.3-2008, SEC.114; P.L.125-2013, SEC.1.

 

IC 20-19-3Chapter 3. Department of Education
           20-19-3-1Establishment
           20-19-3-2Director
           20-19-3-2.1Administration of federal grant programs
           20-19-3-3Hiring personnel
           20-19-3-4Duties of department; suspension and expulsion statistics; provision of data necessary for audit or evaluation of education programs
           20-19-3-5Powers of department
           20-19-3-6Repealed
           20-19-3-7Federal grants; restrictions on acceptance or distribution; withdrawal from grant program
           20-19-3-8Limitation on department approval of certain plans; central clearinghouse for prototype designs
           20-19-3-9Repealed
           20-19-3-9.2Duty of the department to establish and maintain an employee data base
           20-19-3-9.4Disclosure of student test number information
           20-19-3-10Dating violence educational materials
           20-19-3-11Development and implementation of child abuse and child sexual abuse education program
           20-19-3-12Identification, development, and availablity of model education materials on criminal organization activity
           20-19-3-12.2Reduction in absenteeism; policy priority; resources and guidance
           20-19-3-13Repealed
           20-19-3-14Division of school building physical security and safety; establishment; duties
           20-19-3-15School enrollment incentives prohibited
           20-19-3-15.3Expired
           20-19-3-16Early learning development framework for prekindergarten

 

IC 20-19-3-1Establishment

     Sec. 1. The department of education is established.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-2.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-3-2Director

     Sec. 2. The state superintendent is the director of the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-3.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-3-2.1Administration of federal grant programs

     Sec. 2.1. (a) As used in this section, "school corporation" includes:

(1) any local public school corporation established under Indiana law;

(2) a charter school; and

(3) an eligible school (as defined in IC 20-51-1-4.7);

that are otherwise entitled to receive federal funds under federal and state law.

     (b) If, by any act of Congress, funds are provided as federal aid to education to the several states and the disposition of the funds is not otherwise provided for by or under the act of Congress or by or under any Indiana law, the apportionment and distribution of those funds to school corporations shall, insofar as consistent with the requirements prescribed by the federal law and implementing rules and regulations, be governed by the standards set forth in this section.

     (c) Except as otherwise provided in this title, the department is responsible for the general administration of federal grant programs under the Elementary and Secondary Education Act of 1965 (ESEA), as amended.

     (d) The department shall make timely application for any federal funds made available for school corporations in Indiana, and shall, under the federal law and this section, direct the allocation and apportionment of the federal funds received fairly, equitably, and in a timely manner to all school corporations in accordance with federal law and this section. The department must ensure that sufficient personnel are assigned to its federal grants program to enable the department to comply with subsection (c).

     (e) Whenever the department provides federal formula grant funding to a school corporation, the department must also provide to the school corporation the formula and the data used to calculate the funding amount.

As added by P.L.169-2016, SEC.2.

 

IC 20-19-3-3Hiring personnel

     Sec. 3. The state superintendent:

(1) subject to IC 20-19-2-8(a)(1); and

(2) with the approval of the budget agency;

may hire the personnel necessary to perform the duties of the department under this title.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-4.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-3-4Duties of department; suspension and expulsion statistics; provision of data necessary for audit or evaluation of education programs

     Sec. 4. (a) The department shall:

(1) perform the duties required by statute;

(2) implement the policies and procedures established by the state board;

(3) conduct analytical research to assist the state board in determining the state's educational policy;

(4) compile statistics concerning the ethnicity, gender, and disability status of students in Indiana schools, including statistics for all information that the department receives from school corporations on enrollment, number of suspensions, and number of expulsions; and

(5) provide technical assistance to school corporations.

     (b) In compiling statistics by gender, ethnicity, and disability status under subsection (a)(4), the department shall also categorize suspensions and expulsions by cause as follows:

(1) Alcohol.

(2) Drugs.

(3) Deadly weapons (other than firearms).

(4) Handguns.

(5) Rifles or shotguns.

(6) Other firearms.

(7) Tobacco.

(8) Attendance.

(9) Destruction of property.

(10) Legal settlement (under IC 20-33-8-17).

(11) Fighting (incident does not rise to the level of battery).

(12) A battery offense included in IC 35-42-2.

(13) Intimidation (IC 35-45-2-1).

(14) Verbal aggression or profanity.

(15) Defiance.

(16) Other.

     (c) The department shall provide the state board any data, including fiscal data, as determined by the state board, in a reasonable time frame established by the state board after consultation with the department, necessary to conduct an audit or evaluation of any federal or state supported program principally engaged in the provision of education, including, but not limited to:

(1) early childhood education;

(2) elementary and secondary education;

(3) postsecondary education;

(4) special education;

(5) job training;

(6) career and technical education; and

(7) adult education;

or for the enforcement of or compliance with federal legal requirements related to those education programs as determined by the state board. The state board and the department are considered state educational authorities within the meaning of the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99) for the purpose of allowing the free exchange of information between the department and the state board.

     (d) The department shall develop guidelines necessary to implement this section.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-5.]

As added by P.L.1-2005, SEC.3. Amended by P.L.242-2005, SEC.10; P.L.213-2015, SEC.152; P.L.65-2016, SEC.9.

 

IC 20-19-3-5Powers of department

     Sec. 5. The department may:

(1) exercise the powers granted by statute;

(2) with the approval of the budget agency, employ experts and consultants to assist the department in carrying out its functions;

(3) with the consent of other state agencies, use the services and facilities of other state agencies without reimbursements;

(4) accept in the name of the department, for use in carrying out the functions of the department, money received by gift, grant, bequest, or otherwise;

(5) accept voluntary and uncompensated services; and

(6) expend funds made available to the department according to policies established by the budget agency.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-6.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-3-6Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-7.]

As added by P.L.1-2005, SEC.3. Repealed by P.L.286-2013, SEC.14.

 

IC 20-19-3-7Federal grants; restrictions on acceptance or distribution; withdrawal from grant program

     Sec. 7. (a) The department may not accept or distribute to school corporations grants from the federal government under Title III of P.L.103-227 (repealed), if the state superintendent determines that acceptance or distribution of grant money does at least one (1) of the following:

(1) Authorizes an officer or employee of the federal government to mandate, direct, or control at least one (1) of the following:

(A) The department.

(B) A school corporation.

(C) A school curriculum or program of instruction.

(D) Allocation of a state or local government resource.

(2) Requires the department, a school corporation, or a school to spend money or incur an expense not paid under Title III of P.L.103-227 (repealed).

(3) Requires a school corporation, as a condition of participation, to increase the access of students to at least one (1) of the following:

(A) Social services.

(B) Health care.

(C) Nutrition.

(D) Services related to the services listed in clauses (A) through (C).

(E) Child care services.

(4) Requires a school corporation, as a condition of participation, to implement an outcome based education program.

(5) Requires a school corporation, as a condition of participation, to adopt:

(A) a national curriculum; or

(B) national assessment standards.

(6) Requires federal government certification of:

(A) a state curriculum; or

(B) state assessment standards.

     (b) The governing body of a school corporation that receives a grant under this section may withdraw from participation in the grant program at the following times:

(1) At the end of a school year.

(2) At any time during a school year, if money received for participation in the grant program is returned to the department. The amount that a school corporation must return to the department is the amount received for expenditure during the time after the school corporation has ceased to participate in the program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-9.]

As added by P.L.1-2005, SEC.3.

 

IC 20-19-3-8Limitation on department approval of certain plans; central clearinghouse for prototype designs

     Sec. 8. (a) The department may not approve or disapprove plans and specifications for the construction, alteration, or repair of school buildings, except as necessary under the terms of a federal grant or a federal law.

     (b) Notwithstanding subsection (a), the department shall establish a central clearinghouse for access by school corporations that may want to use a prototype design in the construction of school facilities. The department shall compile necessary publications and may establish a computer data base to distribute information on prototype designs to school corporations. Architects and engineers registered to practice in Indiana may submit plans and specifications for a prototype design to the clearinghouse. The plans and specifications may be accessed by any person. However, the following provisions apply to a prototype design submitted to the clearinghouse:

(1) The original architect of record or engineer of record retains ownership of and liability for a prototype design.

(2) A school corporation or other person may not use a prototype design without the site-specific, written permission of the original architect of record or engineer of record.

(3) An architect's or engineer's liability under subdivision (1) is subject to the requirements of subdivision (2).

The state board may adopt rules under IC 4-22-2 to implement this subsection.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-1.1-10.]

As added by P.L.1-2005, SEC.3. Amended by P.L.146-2008, SEC.453; P.L.233-2015, SEC.35.

 

IC 20-19-3-9Repealed

As added by P.L.121-2009, SEC.4 and P.L.182-2009(ss), SEC.303. Repealed by P.L.1-2010, SEC.156.

 

IC 20-19-3-9.2Duty of the department to establish and maintain an employee data base

     Sec. 9.2. The department shall establish and maintain a searchable data base of information concerning employees and former employees who have been reported to the department under IC 20-28-5-8. The department shall make the data base available to the public.

As added by P.L.1-2010, SEC.74.

 

IC 20-19-3-9.4Disclosure of student test number information

     Sec. 9.4. (a) Beginning January 1, 2010, the department may obtain and maintain student test number information in a manner and form that permits any person who is authorized to review the information to:

(1) access the information at any time; and

(2) accurately determine:

(A) where each student is enrolled and attending classes; and

(B) the number of students enrolled in a school corporation or charter school and residing in the area served by a school corporation;

as of any date after December 31, 2009, occurring before two (2) regular instructional days before the date of the inquiry.

Each school corporation and charter school shall provide the information to the department in the form and on a schedule that permits the department to comply with this section. The department shall provide technical assistance to school corporations and charter schools to assist school corporations and charter schools in complying with this section.

     (b) Beginning with the 2015-2016 school year, each school corporation and charter school shall annually:

(1) determine, on a form prescribed by the department, whether a student who attends an adult high school (as defined under IC 20-24-1-2.3) or a student's parent or a member of the same household is a member of:

(A) the armed forces of the United States who is on active duty;

(B) the reserve component of a branch of the armed forces of the United States; or

(C) the national guard; and

(2) provide to the department a list of the students who have been identified under subdivision (1).

The information collected by a school corporation or charter school under subdivision (1) is considered confidential and shall be collected by the school corporation or charter school under guidelines for maintaining confidentiality established by the department. The department shall assign each student identified under subdivision (1) a unique identifier, which may be a modification of the student's test number assigned under subsection (a), by which data concerning military connected students may be disaggregated, including information concerning attendance records and academic progress.

As added by P.L.1-2010, SEC.75. Amended by P.L.43-2014, SEC.2; P.L.93-2016, SEC.1.

 

IC 20-19-3-10Dating violence educational materials

     Sec. 10. (a) The department, in collaboration with organizations that have expertise in dating violence, domestic violence, and sexual abuse, shall identify or develop:

(1) model dating violence educational materials; and

(2) a model for dating violence response policies and reporting.

Not later than July 1, 2011, the department shall make the models developed or identified under this section available to assist schools with the implementation of dating violence education programs in grades 6 through 12 and dating violence response policies.

     (b) The model dating violence policy identified or developed under subsection (a) may include the following topics:

(1) Warning signs of dating violence.

(2) The basic principles of dating violence prevention.

(3) Methods of parental education and outreach.

As added by P.L.83-2010, SEC.1.

 

IC 20-19-3-11Development and implementation of child abuse and child sexual abuse education program

     Sec. 11. (a) The department, in collaboration with the department of child services and organizations that have expertise in child abuse, including child sexual abuse, shall identify or develop:

(1) research and evidence based model educational materials on child abuse and child sexual abuse; and

(2) a model for child abuse and child sexual abuse response policies and reporting procedures.

The model for child abuse and child sexual abuse response policies and reporting procedures described in subdivision (2) must include information on the duty to report suspected child abuse or neglect under IC 31-33-5. To identify or develop models under this subsection, the department may not hire additional staff members or expend funds not already included in the department's budget.

     (b) Not later than July 1, 2018, the department shall make the models developed or identified under this section available to assist schools with the implementation of:

(1) child abuse and child sexual abuse education programs in kindergarten through grade 12 as provided in IC 20-30-5-5.7; and

(2) child abuse and child sexual abuse response and reporting policies.

     (c) The model educational materials on child abuse and child sexual abuse identified or developed under subsection (a) may include the following topics:

(1) Warning signs of a child who is being abused or sexually abused.

(2) The basic principles of child abuse and child sexual abuse prevention.

(3) Methods of student, teacher, and parental education and outreach.

     (d) The model child abuse and child sexual abuse response and reporting policies referred to in subsection (b) may include the following topics:

(1) Actions that a child who is a victim of abuse or sexual abuse may take to obtain assistance.

(2) Interventions.

(3) Counseling options.

(4) Educational support available for a child who is a victim of abuse or sexual abuse to enable the child to continue to be successful in school.

(5) Reporting procedures.

     (e) A school that chooses to use the model educational materials developed under subsection (a) shall inform the parents of students in the grade levels in which the materials could be used, in writing and by posting on the school's Internet web site, that a parent may:

(1) examine and review the model educational materials before the materials are taught; and

(2) decide if the parent's child will be instructed with the model educational materials.

     (f) If a parent decides that the parent's child may be taught using the model educational materials, the parent shall notify the school of the parent's decision in writing or electronically.

As added by P.L.46-2012, SEC.1. Amended by P.L.13-2013, SEC.54; P.L.115-2017, SEC.2.

 

IC 20-19-3-12Identification, development, and availablity of model education materials on criminal organization activity

     Sec. 12. (a) The department, in collaboration with the Indiana criminal justice institute, the department of child services, the center for evaluation and education policy at Indiana University, the state police department, and any organization that has expertise in providing criminal organization education, prevention, or intervention that the department determines to be appropriate, shall:

(1) identify or develop evidence based model educational materials on criminal organization activity; and

(2) develop and maintain a model policy to address criminal organizations and criminal organization activity in schools.

     (b) Not later than July 1, 2015, the department shall make the model policy developed under subsection (a)(2) available to assist schools in the development and implementation of a criminal organization policy.

     (c) The model educational materials on criminal organization activity identified or developed under subsection (a)(1) must include information:

(1) to educate students and parents on the extent to which criminal organization activity exists;

(2) regarding the negative societal impact that criminal organizations have on the community;

(3) on methods to discourage participation in criminal organizations; and

(4) on methods of providing intervention to a child suspected of participating in criminal organization activity.

     (d) The model criminal organization policy developed under subsection (a)(2) must include:

(1) a statement prohibiting criminal organization activity in schools;

(2) a statement prohibiting reprisal or retaliation against an individual who reports suspected criminal organization activity;

(3) definitions of "criminal organization" as set forth in IC 35-45-9-1 and "criminal organization activity";

(4) model procedures for:

(A) reporting suspected criminal organization activity; and

(B) the prompt investigation of suspected criminal organization activity;

(5) information about the types of support services, including family support services, available for a student suspected of participating in criminal organization activity; and

(6) recommendations concerning criminal organization prevention and intervention services and programs for students that maximize community participation and the use of federal funding.

As added by P.L.190-2013, SEC.6. Amended by P.L.233-2015, SEC.36; P.L.25-2016, SEC.5.

 

IC 20-19-3-12.2Reduction in absenteeism; policy priority; resources and guidance

     Sec. 12.2. (a) The department shall make reduction of absenteeism in schools a policy priority and provide assistance and guidance to school corporations and schools in:

(1) identifying contributing factors of absenteeism; and

(2) developing chronic absence reduction plans that school corporations may elect to include as a component of the school improvement plans required under IC 20-31-5.

     (b) The department shall provide resources and guidance to school corporations concerning evidence based practices and effective strategies that reduce absenteeism in schools. However, the department may not mandate a particular policy within a chronic absence reduction plan adopted by a school corporation or school.

As added by P.L.246-2013, SEC.4. Amended by P.L.233-2015, SEC.37.

 

IC 20-19-3-13Repealed

As added by P.L.205-2013, SEC.224. Repealed by P.L.213-2015, SEC.153.

 

IC 20-19-3-14Division of school building physical security and safety; establishment; duties

     Sec. 14. (a) As used in this section, "division" refers to the division of school building physical security and safety established by subsection (c).

     (b) As used in this section, "physical security" refers to security measures that are designed to deny unauthorized access to a building or facility, including equipment and resources, and to protect individuals and property from damage or harm.

     (c) The division of school building physical security and safety is established within the department.

     (d) The division shall:

(1) establish and maintain guidelines for using professional architectural and engineering services to integrate physical security improvements and safety practices in the construction, renovation, repair, or alteration of a school facility;

(2) carry out the department's responsibilities with regards to the school safety specialist training and certification program established in IC 5-2-10.1-11;

(3) establish and maintain guidelines for establishing emergency response protocols in cooperation with other state agencies;

(4) carry out the department's responsibilities under IC 5-2-10.1-12;

(5) coordinate the department's response and recovery assistance to a school in the event of a manmade or natural disaster;

(6) provide information and guidance to assist school corporations or schools to establish mutual aid disaster assistance agreements with other schools or school corporations; and

(7) study and collect information to integrate lessons learned from previous school disasters throughout the country into the curriculum of the school safety specialist training and certification program established in IC 5-2-10.1-11 and guidelines established by the division under this subsection.

     (e) The division may, upon request by a school corporation:

(1) review a school safety plan;

(2) provide an onsite safety review for a school; and

(3) provide guidance or assistance relating to school safety matters to the school corporation.

     (f) The division shall maintain a secure Internet web site to provide school officials and public safety officials access to information that is considered classified under IC 5-14-3-4(b)(1), IC 5-14-3-4(b)(18), and IC 5-14-3-4(b)(19) or other sensitive information that may assist school officials and public safety officials in improving school safety or responding to a manmade or natural disaster.

     (g) The division shall maintain a public Internet web site that contains:

(1) the guidelines established by the division under subsection (d);

(2) best practices pertaining to school safety; and

(3) any other information the division determines may be necessary to carry out the division's duties or responsibilities under this section.

As added by P.L.36-2014, SEC.1.

 

IC 20-19-3-15School enrollment incentives prohibited

     Sec. 15. (a) This section does not apply to a school promotional item that has minimal monetary value.

     (b) As used in this section, "school" means any of the following:

(1) A school corporation.

(2) A charter school, including a conversion charter school or a virtual charter school.

(3) A nonpublic school that has any students enrolled who receive a choice scholarship under IC 20-51-4.

     (c) A school may not offer or give, as an enrollment incentive, any item that has monetary value, including cash or a gift card that may be used at a retail store, grocery store, online store, or other commercial enterprise, to:

(1) a prospective student (or the parent of a prospective student) in exchange for enrolling the prospective student at the school; or

(2) any person in exchange for referring a prospective student to the school.

As added by P.L.223-2015, SEC.1.

 

IC 20-19-3-15.3Expired

As added by P.L.213-2015, SEC.154. Expired 7-1-2016 by P.L.213-2015, SEC.154.

 

IC 20-19-3-16Early learning development framework for prekindergarten

     Sec. 16. The department shall:

(1) approve an early learning development framework for prekindergarten; and

(2) post the framework described in subdivision (1) on the department's Internet web site.

As added by P.L.184-2017, SEC.33.

 

IC 20-19-3.5Chapter 3.5. School Data Reporting
           20-19-3.5-1"Committee"
           20-19-3.5-2"Qualified data"
           20-19-3.5-3Committee on qualified data reporting established; membership; committee administration
           20-19-3.5-4Salary per diem; reimbursement of travel expenses
           20-19-3.5-5Committee meetings
           20-19-3.5-6State board approval of qualified data collections
           20-19-3.5-7Committee review of statutory reporting requirements; report
           20-19-3.5-8Consolidated quarterly electronic reporting to public agencies
           20-19-3.5-9Administrative rules
           20-19-3.5-10Expiration

 

IC 20-19-3.5-1"Committee"

     Sec. 1. As used in this chapter, "committee" refers to the committee on school data reporting established in section 3 of this chapter.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-2"Qualified data"

     Sec. 2. As used in this chapter, "qualified data" means any data collection, report, survey, or other method used by a state agency to collect data regarding assessments, performance, course enrollment, demographics, or any other information from schools or school corporations that is not specifically authorized by statute to be collected by the department or the state board.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-3Committee on qualified data reporting established; membership; committee administration

     Sec. 3. (a) The committee on school data reporting is established to review all regulations or forms required or proposed by any state agency that seek to require a school to report data to a state agency or to the public.

     (b) The committee consists of the following members:

(1) The state superintendent or the state superintendent's designee.

(2) One (1) member who is a member of the state board selected by the state board.

(3) One (1) member who is a current school corporation administrator selected by the Indiana Association of Public School Superintendents.

(4) One (1) member who is a representative of school boards selected by the Indiana School Boards Association.

(5) One (1) member who is a representative of school business officials who is selected by the Indiana Association of School Business Officials.

(6) One (1) member who is a representative of accredited nonpublic schools who is selected by the Indiana Non-Public Education Association.

(7) One (1) member who is a representative of charter schools selected by an organization representing charter schools.

(8) One (1) member who is a teacher employed by a school corporation selected by the state superintendent.

(9) The chief information officer or designee of the office of technology established by IC 4-13.1-2-1.

(10) One (1) member representing state government that has knowledge of school reporting requirements to state agencies other than the department, appointed by the governor.

     (c) Each member appointed under subsection (b) shall serve at the will and pleasure of the member's respective appointing authority. Vacancies in the appointments to the committee shall be filled in like manner as if appointment to such vacant offices were being made originally.

     (d) A quorum consists of six (6) members of the committee.

     (e) The member described in subsection (b)(1) shall serve as the chairperson of the committee.

     (f) The state board shall designate staff and administrative support for the committee.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-4Salary per diem; reimbursement of travel expenses

     Sec. 4. (a) Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b) and reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

     (b) Each member of the committee who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-5Committee meetings

     Sec. 5. The committee shall meet at least once every six (6) months and at the call of the chairperson. A member of the committee may participate in a committee meeting using an electronic communication in the manner prescribed in IC 5-14-1.5-3.6.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-6State board approval of qualified data collections

     Sec. 6. (a) After July 31, 2015, all qualified data collections must be expressly approved by the state board after it is has been reviewed by the committee under subsection (c) before schools and school corporations are required to submit the information to the state board or the department. The department may not require schools or school corporations to submit any qualified data collection unless the qualified data collection is approved by the state board under this subsection. The department shall maintain on its Internet web site a list of all qualified data collections approved by the state board and the deadline by which each school or school corporation shall submit the information.

     (b) After July 31, 2015, the state board and the department may not sanction, penalize, or in any way hold a school or school corporation accountable for failing to submit a qualified data collection report if the qualified data collection was not approved by the state board under subsection (a).

     (c) Not later than August 1, 2015, the committee, in consultation with the department, shall review current collection of:

(1) qualified data from accredited schools; and

(2) data collection by another public agency (as defined in IC 5-14-1.5-2) of the state from accredited schools.

Based on the committee's review, the committee shall make recommendations to the state board whether to continue the qualified data collection and ways or methods to streamline qualified data collection and data collection by another public agency of the state from schools, including the development of a standardized school improvement plan template for use by school corporations to prepare school improvement plans. After submitting the committee's initial recommendations regarding current qualified data and data collections to the state board, the committee shall review qualified data collection requests made by the department and the state board after July 31, 2015, and make recommendations to the state board as to whether the qualified data collection is necessary or ways to streamline the qualified data collection. In addition, the committee shall review and make recommendations to the state board under subsection (d) regarding methods to streamline school safety and discipline reporting requirements as well as establishing a streamlined method to uniformly and consistently report instances of bullying throughout Indiana. The committee may not change the data reporting requirements for data used by the state board to place each school in a category or designation of school performance under IC 20-31-8-4.

     (d) The committee shall submit its recommendations under subsection (c) to the state board. Upon receipt of the committee's recommendations, the state board shall vote to either approve or disapprove the qualified data request or recommendations. The decision of the state board is final. The state board shall consider the committee's recommendations at the state board's next meeting after receiving the committee's recommendations under subsection (c).

     (e) The committee may recommend the collection of qualified data under subsection (c) and the state board may approve the recommendation under subsection (d) only if the:

(1) qualified data is not available to the public agency requesting the information from any other source; and

(2) benefit from the collection of the qualified data is greater than the overall administrative cost of collecting the qualified data.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-7Committee review of statutory reporting requirements; report

     Sec. 7. (a) Before December 1, 2015, the state board, in consultation with the department and based upon recommendations by the committee, shall review all statutory reporting requirements and qualified data collection and data collection by various public agencies (as defined in IC 5-14-1.5-2) of the state and shall submit a report to the governor and, in an electronic format under IC 5-14-6, to the general assembly. The report must include the following:

(1) A detailed description of actions that will be taken by the state board and the department to reduce the amount of information schools or school corporations must report to the state.

(2) A detailed summary describing the actions taken by the department and the state board to combine, streamline, or eliminate duplicative data or information requests from schools and school corporations.

(3) A detailed description of how the state board is working with other public agencies of the state to minimize or streamline data collection by those agencies.

(4) Specific legislative recommendations to the general assembly necessary to eliminate duplicative data reporting and any recommended legislative changes that would make school data reporting to various public agencies of the state more efficient and cost effective.

     (b) Before December 1, 2016, the state board shall submit an updated report to the governor and, in an electronic format under IC 5-14-6, to the general assembly containing the progress of the state board and the department to eliminate duplicative data reporting and information requests to schools of any additional recommended legislative changes that would streamline school data reporting to the state that was not included in the state board's report submitted under subsection (a).

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-8Consolidated quarterly electronic reporting to public agencies

     Sec. 8. (a) After June 30, 2015, all reports required to be submitted to a public agency (as defined in IC 5-14-1.5-2) of the state by accredited schools must be collected electronically and must be collected through one (1) regularly scheduled consolidated report that is collected no more frequently than on a quarterly basis through an electronic database administered by the department established by rule under IC 4-22-2.

     (b) This section does not apply to:

(1) any collection of data if the office of management and budget has approved a waiver of the application of this section;

(2) tax reporting;

(3) an investigation authorized by federal or state statute or regulation; or

(4) testing material.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-9Administrative rules

     Sec. 9. The state board shall establish rules under IC 4-22-2 necessary to administer this chapter.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-3.5-10Expiration

     Sec. 10. This chapter expires July 1, 2017.

As added by P.L.233-2015, SEC.38.

 

IC 20-19-4Chapter 4. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-19-4-1formerly 20-1-20.5-2
20-19-4-2formerly 20-1-20.5-3
20-19-4-3formerly 20-1-20.5-4
20-19-4-4formerly 20-1-20.5-5
20-19-4-5formerly 20-1-20.5-6
20-19-4-6formerly 20-1-20.5-7
20-19-4-7formerly 20-1-20.5-8(a)
20-19-4-8formerly 20-1-20.5-8(b), (c)
20-19-4-9formerly 20-1-20.5-9
20-19-4-10formerly 20-1-20.5-10
20-19-4-11formerly 20-1-20.5-11
20-19-4-12formerly 20-1-20.5-12
20-19-4-13formerly 20-1-20.5-13.]

Repealed by P.L.213-2015, SEC.155.

 

IC 20-19-5Chapter 5. Children's Social, Emotional, and Behavioral Health Plan
           20-19-5-1Department duties
           20-19-5-2Plan recommendations

 

IC 20-19-5-1Department duties

     Sec. 1. The department of education, in cooperation with the department of child services, the department of correction, and the division of mental health and addiction, shall:

(1) develop and coordinate the children's social, emotional, and behavioral health plan that is to provide recommendations concerning:

(A) comprehensive mental health services;

(B) early intervention; and

(C) treatment services;

for individuals from birth through twenty-two (22) years of age;

(2) make recommendations to the state board, which shall adopt rules under IC 4-22-2 concerning the children's social, emotional, and behavioral health plan; and

(3) conduct hearings on the implementation of the plan before adopting rules under this chapter.

As added by P.L.234-2005, SEC.79.

 

IC 20-19-5-2Plan recommendations

     Sec. 2. The children's social, emotional, and behavioral health plan shall recommend:

(1) procedures for the identification and assessment of social, emotional, and mental health issues;

(2) procedures to assist a child and the child's family in obtaining necessary services to treat social, emotional, and mental health issues;

(3) procedures to coordinate provider services and interagency referral networks for an individual from birth through twenty-two (22) years of age;

(4) guidelines for incorporating social, emotional, and behavioral development into school learning standards and education programs;

(5) that social, emotional, and mental health screening be included as a part of routine examinations in schools and by health care providers;

(6) procedures concerning the positive development of children, including:

(A) social, emotional, and behavioral development;

(B) learning; and

(C) behavioral health;

(7) plans for creating a children's social, emotional, and behavioral health system with shared accountability among state agencies that will:

(A) conduct ongoing needs assessments;

(B) use outcome indicators and benchmarks to measure progress; and

(C) implement quality data tracking and reporting systems;

(8) a state budget for children's social, emotional, and mental health prevention and treatment;

(9) how state agencies and local entities can obtain federal funding and other sources of funding to implement a children's social, emotional, and behavioral health plan;

(10) how to maintain and expand the workforce to provide mental health services for individuals from birth through twenty-two (22) years of age and families;

(11) how employers of mental health professionals may:

(A) improve employee job satisfaction; and

(B) retain employees;

(12) how to facilitate research on best practices and model programs for children's social, emotional, and behavioral health;

(13) how to disseminate research and provide training and educational materials concerning the children's social, emotional, and behavioral health program to:

(A) policymakers;

(B) practitioners; and

(C) the general public; and

(14) how to implement a public awareness campaign to:

(A) reduce the stigma of mental illness; and

(B) educate individuals:

(i) about the benefits of children's social, emotional, and behavioral development; and

(ii) how to access children's social, emotional, and behavioral development services.

As added by P.L.234-2005, SEC.79.

 

IC 20-19-6Chapter 6. Indiana Works Councils
           20-19-6-1"Council"
           20-19-6-2Repealed
           20-19-6-3Designation of regions in which councils operate
           20-19-6-4Establishment; appointment of council members; vacancies
           20-19-6-5Administrative support by department of workforce development
           20-19-6-6Evaluation of career, technical, and vocational opportunities for high school students; evaluation to the governor
           20-19-6-7Development of alternative career, technical, or vocational educational curriculum; approval by state board
           20-19-6-8Rules
           20-19-6-9Career and technical education diploma subcommittee
           20-19-6-10Expiration of chapter July 1, 2018

 

IC 20-19-6-1"Council"

     Sec. 1. As used in this chapter, "council" refers to an Indiana works council established by section 4(a) of this chapter.

As added by P.L.53-2013, SEC.1.

 

IC 20-19-6-2Repealed

As added by P.L.53-2013, SEC.1. Repealed by P.L.213-2015, SEC.156.

 

IC 20-19-6-3Designation of regions in which councils operate

     Sec. 3. The governor may designate one (1) or more distinct geographic regions throughout Indiana as the regions in which councils operate.

As added by P.L.53-2013, SEC.1.

 

IC 20-19-6-4Establishment; appointment of council members; vacancies

     Sec. 4. (a) An Indiana works council is established for each region designated under section 3 of this chapter.

     (b) The governor shall select and appoint the members of each council.

     (c) The governor shall promptly make an appointment to fill any vacancy on a council.

As added by P.L.53-2013, SEC.1.

 

IC 20-19-6-5Administrative support by department of workforce development

     Sec. 5. The department of workforce development shall provide staff and administrative support to the councils.

As added by P.L.53-2013, SEC.1. Amended by P.L.213-2015, SEC.157.

 

IC 20-19-6-6Evaluation of career, technical, and vocational opportunities for high school students; evaluation to the governor

     Sec. 6. (a) Each council shall prepare and submit before November 1, 2013, a comprehensive evaluation of the available career, technical, and vocational education opportunities for high school students in its region.

     (b) The evaluation prepared under subsection (a) must be submitted to the governor.

As added by P.L.53-2013, SEC.1. Amended by P.L.213-2015, SEC.158.

 

IC 20-19-6-7Development of alternative career, technical, or vocational educational curriculum; approval by state board

     Sec. 7. (a) A council may develop an alternative career, technical, or vocational educational curriculum for high school students in its region in order to do either of the following:

(1) Offer those students opportunities to:

(A) pursue internships and apprenticeships;

(B) learn from qualified instructors; and

(C) have a goal of:

(i) earning an industry certification;

(ii) earning credits toward an associate degree; or

(iii) establishing a career pathway toward a high wage, high demand job that is available in the region.

(2) Provide a career, technical, or vocational educational curriculum that is aligned with the workforce needs and training and education requirements of the region identified in the occupational demand report prepared by the department of workforce development under IC 22-4.1-4-10.

     (b) Before an alternative curriculum developed under subsection (a) may be offered, the state board shall approve the alternative curriculum.

As added by P.L.53-2013, SEC.1. Amended by P.L.141-2016, SEC.1.

 

IC 20-19-6-8Rules

     Sec. 8. The state board may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.53-2013, SEC.1.

 

IC 20-19-6-9Career and technical education diploma subcommittee

     Sec. 9. (a) As used in this section, "career council" refers to the Indiana career council established by IC 22-4.5-9-3.

     (b) As used in this section, "subcommittee" means the subcommittee appointed under subsection (d).

     (c) The subcommittee shall, before October 1, 2015:

(1) review the current Core 40 diploma course offerings, including types of courses and diplomas offered;

(2) make recommendations to the state board concerning:

(A) changing course requirements for the Core 40 diploma, which may include the total number of academic credits required;

(B) changing the types of diplomas offered; and

(C) the need for a career and technical education diploma; and

(3) examine and make recommendations concerning career and technical education offerings.

The state board shall take action concerning the recommendations before December 1, 2015.

     (d) The career council shall appoint a subcommittee to develop the requirements for the career and technical education diploma required by subsection (c). The career council shall designate a member to serve as chairperson of the subcommittee. The subcommittee is composed of at least fourteen (14) members, including the following:

(1) One (1) member from each council.

(2) One (1) member who is a director of high school career and technical education programs, who shall serve as vice chairperson of the subcommittee.

(3) One (1) member who is employed by the department and whose job duties include career and technical education curricula development.

(4) One (1) member representing the state's community college system.

(5) One (1) member representing the state's industrial community.

(6) One (1) member representing the commission for higher education.

     (e) In performing its duties under subsection (d), the subcommittee shall obtain, in the manner and to the extent the subcommittee determines appropriate, input from licensed mathematics and English/language arts educators in Indiana.

     (f) The subcommittee may design new curricula or create new courses in completing the recommendations required by subsection (c). A curriculum or course developed under this subsection must include input from representatives of:

(1) high school career and technical education programs;

(2) licensed mathematics and English/language arts educators;

(3) community colleges; and

(4) universities.

     (g) The requirements for a diploma developed under this section must:

(1) require a minimum of forty (40) academic credits or the equivalent for graduation;

(2) be designed so that completed courses may be used to fulfill the requirements established for other high school diplomas approved by the state board; and

(3) meet the college and career readiness education standards adopted by the state board under IC 20-19-2-14.5(b).

     (h) Before the state board may take action on the recommendations made under subsection (c), the state board shall consult with and receive recommendations from the career council and the commission for higher education. Based upon the recommendations of the subcommittee, career council, and the commission for higher education, the state board may approve a career and technical education diploma or change the requirements for a Core 40 diploma.

As added by P.L.49-2014, SEC.1. Amended by P.L.5-2015, SEC.42.

 

IC 20-19-6-10Expiration of chapter July 1, 2018

     Sec. 10. This chapter expires July 1, 2018.

As added by P.L.217-2017, SEC.95.

 

IC 20-19-6.2Chapter 6.2. Indiana Family Friendly School Designation
           20-19-6.2-1Establishment of program
           20-19-6.2-2Rules

 

IC 20-19-6.2-1Establishment of program

     Sec. 1. (a) The department, in consultation with statewide organizations whose mission is to link family engagement to student achievement, shall develop the Indiana family friendly school designation program.

     (b) The program must allow a school to voluntarily request from the department an assessment for the purpose of evaluating and improving parental involvement in the school.

     (c) The department may designate a school as an Indiana family friendly school if the department determines that the school has established parental engagement practices that increase parental involvement and foster high student achievement.

     (d) The department shall develop rubrics or standards under which the department will evaluate a school's parental involvement and award the Indiana family friendly designation to schools. The department's evaluation of a school's parental involvement under this subsection must incorporate surveys of teachers, students, and parents. The department shall make the results of a school's evaluation available to the public.

     (e) The department shall make available to schools best practices in developing family engagement and parental involvement in student achievement.

     (f) The department shall annually assess the quality of a school's family friendly school designation by correlating designation outcomes to student achievement. The department shall submit the results of the assessment under this subsection to the state board.

As added by P.L.127-2013, SEC.1.

 

IC 20-19-6.2-2Rules

     Sec. 2. The department shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.127-2013, SEC.1.

 

IC 20-20ARTICLE 20. PROGRAMS ADMINISTERED BY THE STATE
           Ch. 1.Educational Service Centers
           Ch. 2.Repealed
           Ch. 3.Teacher Referral System
           Ch. 4.Teacher of the Year
           Ch. 5.Repealed
           Ch. 5.5.Curricular Materials
           Ch. 6.Repealed
           Ch. 7.High School Diploma Program for Eligible Veterans
           Ch. 8.School Corporation Annual Performance Report
           Ch. 9.Repealed
           Ch. 10.Repealed
           Ch. 11.Repealed
           Ch. 12.Program for the Advancement of Math and Science
           Ch. 13.Educational Technology Program and Grants
           Ch. 14.Repealed
           Ch. 15.Repealed
           Ch. 16.Access to Telecommunications Service
           Ch. 17.School Intervention and Career Counseling Development Program and Fund
           Ch. 18.Elementary School Counselors, Social Workers, and School Psychologists Program and Fund
           Ch. 18.5.Grants for Mental Health Counselor Licenses for School Counselors
           Ch. 19.School Social Workers
           Ch. 20.Repealed
           Ch. 21.Repealed
           Ch. 22.Repealed
           Ch. 23.Repealed
           Ch. 24.Arts Education Program
           Ch. 25.Repealed
           Ch. 26.Repealed
           Ch. 27.Repealed
           Ch. 28.Early Childhood Programs
           Ch. 29.Repealed
           Ch. 30.Repealed
           Ch. 31.Repealed
           Ch. 32.Repealed
           Ch. 33.Alternative Education Program Grants
           Ch. 34.Repealed
           Ch. 35.Repealed
           Ch. 36.Repealed
           Ch. 36.1.Expired
           Ch. 36.2.Expired
           Ch. 37.Dropout Prevention
           Ch. 37.4.Geothermal Conversion Revolving Fund
           Ch. 38.Career and Technical Education
           Ch. 39.Operational Efficiency Reviews
           Ch. 40.Restraint and Seclusion Commission
           Ch. 41.Dual Language Pilot Program
           Ch. 42.Indiana Out of School Time Learning Advisory Board
           Ch. 42.2.Career Pathways and Mentorship Program
           Ch. 42.3.Indiana New Educator Induction Pilot Program
           Ch. 43.System for Teacher and Student Advancement Grant Fund and Program
           Ch. 44.Indiana Education Residency Pilot Program

 

IC 20-20-1Chapter 1. Educational Service Centers
           20-20-1-0.5"Applicable nonpublic school"
           20-20-1-1"Board"
           20-20-1-2"Educational service center"
           20-20-1-3Establishment and procedures for operation of educational service centers
           20-20-1-4Comprehensive plan for implementation of chapter; adoption
           20-20-1-5Establishment of centers under state board rules
           20-20-1-6Location of centers
           20-20-1-7Educational service center board
           20-20-1-8Membership of board; vacancies; compensation
           20-20-1-9Executive director; personnel
           20-20-1-10Repealed
           20-20-1-11Funds for establishment and operation of centers
           20-20-1-12Federal matching funds
           20-20-1-13Inservice training; dyslexia

 

IC 20-20-1-0.5"Applicable nonpublic school"

     Sec. 0.5. As used in this chapter, "applicable nonpublic school" refers to a nonpublic school that has one (1) or more employees.

As added by P.L.126-2017, SEC.1.

 

IC 20-20-1-1"Board"

     Sec. 1. As used in this chapter, "board" refers to the local governing board of an educational service center.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-2"Educational service center"

     Sec. 2. (a) As used in this chapter, "educational service center" means an extended agency of school corporations, charter schools, and applicable nonpublic schools that:

(1) operates under rules established by the state board;

(2) is the administrative and operational unit that serves a definitive geographical boundary, which, to the extent possible, must be aligned with the boundary of a regional works council's region established under IC 20-19-6; and

(3) allows school corporations, charter schools, and applicable nonpublic schools to voluntarily cooperate and share programs and services that the school corporations, charter schools, and applicable nonpublic schools cannot individually provide but collectively may implement.

     (b) Programs and services collectively implemented through an educational service center may include, but are not limited to, the following:

(1) Curriculum development.

(2) Pupil personnel and special education services.

(3) In-service education.

(4) State-federal liaison services.

(5) Instructional materials and multimedia services.

(6) Career and technical education.

(7) Purchasing and financial management.

(8) Needs assessment.

(9) Computer use.

(10) Research and development.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-1.]

As added by P.L.1-2005, SEC.4. Amended by P.L.234-2007, SEC.90; P.L.286-2013, SEC.16; P.L.126-2017, SEC.2.

 

IC 20-20-1-3Establishment and procedures for operation of educational service centers

     Sec. 3. The state board may provide for the establishment of and procedures for the operation of educational service centers.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-4Comprehensive plan for implementation of chapter; adoption

     Sec. 4. (a) The state board shall do the following:

(1) Adopt a comprehensive plan to implement this chapter.

(2) Determine the areas in Indiana that will be served by an educational service center.

     (b) In determining the geographic area to be served by an educational service center, the state board shall consider the following:

(1) Physical factors.

(2) Socio-economic factors.

(3) Educational factors.

(4) Existing cooperative efforts and agreements.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-5Establishment of centers under state board rules

     Sec. 5. An educational service center must be established under rules adopted by the state board to develop, provide, and make available to participating schools, including participating charter schools and applicable nonpublic schools, those services requested by the participating school corporations, participating charter schools, and applicable nonpublic schools and approved by the state board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-3.]

As added by P.L.1-2005, SEC.4. Amended by P.L.126-2017, SEC.3.

 

IC 20-20-1-6Location of centers

     Sec. 6. Educational service centers shall be located throughout Indiana to allow each school corporation, charter school, and applicable nonpublic school to have an opportunity to:

(1) be served by; and

(2) participate in;

an approved center on a voluntary basis by resolution of the governing body of the school corporation, by the approval of an organizer of a charter school, or by the approval of the governing board or entity of an applicable nonpublic school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-4.]

As added by P.L.1-2005, SEC.4. Amended by P.L.126-2017, SEC.4.

 

IC 20-20-1-7Educational service center board

     Sec. 7. An educational service center shall be governed in its local administration by a board selected by an assembly comprised of the:

(1) superintendent or the superintendent's designee from each participating school corporation;

(2) organizer of a charter school or the organizer's designee from each participating charter school; and

(3) chief administrative officer of an applicable nonpublic school or the chief administrative officer's designee.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-5.]

As added by P.L.1-2005, SEC.4. Amended by P.L.126-2017, SEC.5.

 

IC 20-20-1-8Membership of board; vacancies; compensation

     Sec. 8. (a) The state board shall adopt uniform rules to provide for the local selection, appointment, and continuity of membership for boards.

     (b) Vacancies on a board shall be filled by appointment by the remaining members of the board.

     (c) Members of a board serve without compensation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-9Executive director; personnel

     Sec. 9. A board may employ the following:

(1) An executive director for the educational service center.

(2) Other personnel the board considers necessary to:

(A) carry out the functions of the educational service center; and

(B) do and perform all things the board considers proper for successful operation of the center.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-7.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-10Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-8.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.233-2015, SEC.39.

 

IC 20-20-1-11Funds for establishment and operation of centers

     Sec. 11. (a) Any funds, including donated funds and funds from federal or other local sources, shall be used to pay for the costs of establishing or operating an educational service center.

     (b) An educational service center may administer programs and funds from any of the sources described in subsection (a). All activities funded from federal sources must follow all applicable federal guidelines, rules, and regulations.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-9.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-12Federal matching funds

     Sec. 12. This chapter does not prohibit an educational service center from receiving and using matching funds from federal sources in any amount for which the educational service center may be eligible.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-11.3-10.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-1-13Inservice training; dyslexia

     Sec. 13. If an education service center offers inservice training or other teacher training programs, the education service center may offer courses for teachers on dyslexia screening and appropriate interventions, including courses relating to a structured literacy approach that is systematic, explicit, multisensory, and phonetic.

As added by P.L.215-2015, SEC.2.

 

IC 20-20-2Chapter 2. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-2-1formerly 20-1-1.6-1
20-20-2-2formerly 20-1-1.6-2
20-20-2-3formerly 20-1-1.6-4
20-20-2-4formerly 20-1-1.6-6
20-20-2-5formerly 20-1-1.6-7
20-20-2-6formerly 20-1-1.6-8
20-20-2-7formerly 20-1-1.6-9.]

Repealed by P.L.253-2013, SEC.1; P.L.286-2013, SEC.17.

 

IC 20-20-3Chapter 3. Teacher Referral System
           20-20-3-1"Referral system"
           20-20-3-2Establishment of referral system
           20-20-3-3Requisites of referral system
           20-20-3-4Information dissemination

 

IC 20-20-3-1"Referral system"

     Sec. 1. As used in this chapter, "referral system" refers to the teacher employment opportunities referral system established by section 2 of this chapter.

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-3-2Establishment of referral system

     Sec. 2. The department shall establish and keep current a computerized teacher employment opportunities referral system.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-10-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-3-3Requisites of referral system

     Sec. 3. The referral system must:

(1) be capable of identifying the available public school teaching positions within Indiana;

(2) provide the pertinent information on individuals who are seeking employment as teachers; and

(3) be accessible to school corporations, teachers, prospective teachers, and state educational institutions.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-10-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-3-4Information dissemination

     Sec. 4. The department shall disseminate the necessary information to school corporations and state educational institutions to provide awareness of the availability of the referral system to the pertinent parties.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-10-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-4Chapter 4. Teacher of the Year
           20-20-4-1Repealed
           20-20-4-2Repealed
           20-20-4-3Repealed
           20-20-4-4Repealed
           20-20-4-5Repealed
           20-20-4-5.5Professional leave
           20-20-4-6Employer obligations
           20-20-4-6.5Teacher salary
           20-20-4-7Repealed
           20-20-4-8Repealed
           20-20-4-9Repealed
           20-20-4-10Repealed

 

IC 20-20-4-1Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-1.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.18.

 

IC 20-20-4-2Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-2.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.19.

 

IC 20-20-4-3Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-3.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.20.

 

IC 20-20-4-4Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-4.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.21.

 

IC 20-20-4-5Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-5.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.22.

 

IC 20-20-4-5.5Professional leave

     Sec. 5.5. A teacher of the year may be invited to serve one (1) year of professional leave with:

(1) an Indiana postsecondary educational institution; or

(2) the department.

As added by P.L.286-2013, SEC.23.

 

IC 20-20-4-6Employer obligations

     Sec. 6. (a) The school where a teacher of the year is regularly employed shall do the following:

(1) Grant the teacher a one (1) year professional leave to provide service as described in section 5.5 of this chapter.

(2) Allow the teacher to return to the school from the professional leave:

(A) to the same or a comparable position as the teacher held before the professional leave; and

(B) without loss of accrued benefits or seniority.

(3) Continue to provide the teacher all benefits of employment with the school other than salary.

     (b) The department shall reimburse a school for the cost of benefits provided by the school to a teacher under subsection (a)(3).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-6.]

As added by P.L.1-2005, SEC.4. Amended by P.L.286-2013, SEC.24.

 

IC 20-20-4-6.5Teacher salary

     Sec. 6.5. If a teacher of the year provides service for the department or an Indiana postsecondary educational institution under this chapter, the department or the Indiana postsecondary educational institution shall pay the teacher's salary for the term of the service and shall reimburse the teacher's regular employer for the teacher's benefits during the term of service.

As added by P.L.286-2013, SEC.25.

 

IC 20-20-4-7Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-7.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2007, SEC.201. Repealed by P.L.286-2013, SEC.26.

 

IC 20-20-4-8Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-8.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.27.

 

IC 20-20-4-9Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-9.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2007, SEC.202. Repealed by P.L.286-2013, SEC.28.

 

IC 20-20-4-10Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-6.1-11-10.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.29.

 

IC 20-20-5Chapter 5. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-5-1formerly 20-10.1-9-1(a)
20-20-5-2formerly 20-10.1-9-1(b)
20-20-5-3formerly 20-10.1-9-1(c)
20-20-5-4formerly 20-10.1-9-1(d)
20-20-5-5formerly 20-10.1-9-3
20-20-5-6formerly 20-10.1-9-4
20-20-5-7formerly 20-10.1-9-5
20-20-5-8formerly 20-10.1-9-6
20-20-5-9formerly 20-10.1-9-6.1
20-20-5-10formerly 20-10.1-9-6.2
20-20-5-11formerly 20-10.1-9-6.3
20-20-5-12formerly 20-10.1-9-7
20-20-5-13formerly 20-10.1-9-8
20-20-5-14formerly 20-10.1-9-9
20-20-5-15formerly 20-10.1-9-10
20-20-5-16formerly 20-10.1-9-11
20-20-5-17formerly 20-10.1-9-12
20-20-5-18formerly 20-10.1-9-13
20-20-5-19formerly 20-10.1-9-14
20-20-5-20formerly 20-10.1-9-15
20-20-5-21formerly 20-10.1-9-16
20-20-5-22formerly 20-10.1-9-17
20-20-5-23formerly 20-10.1-9-18
20-20-5-24formerly 20-10.1-9-25
20-20-5-25formerly 20-10.1-9-2.]

Repealed by P.L.73-2011, SEC.22.

 

IC 20-20-5.5Chapter 5.5. Curricular Materials
           20-20-5.5-1Repealed
           20-20-5.5-2Department evaluation of curricular materials; publication of report; inclusion of a publisher‛s materials
           20-20-5.5-3Notification of availability of evaluation

 

IC 20-20-5.5-1Repealed

As added by P.L.73-2011, SEC.6. Repealed by P.L.286-2013, SEC.30.

 

IC 20-20-5.5-3Notification of availability of evaluation

     Sec. 3. (a) The state superintendent shall notify the governing bodies of each school corporation, charter school, and accredited nonpublic school immediately of:

(1) the initial publication and annual update on the department's Internet web site of the report described in section 2(c) of this chapter, including the Internet web site address where the report is published; and

(2) updates of the following types of information in the report described in section 2(c) of this chapter:

(A) The addition of materials.

(B) The removal of materials.

(C) Changes in the per unit price of curricular materials that exceed five percent (5%).

     (b) A notification under this section must state that:

(1) the reviews of curricular materials included in the report described in section 2(c) of this chapter are departmental reviews only; and

(2) each governing body has authority to adopt curricular materials for a school corporation.

As added by P.L.73-2011, SEC.6. Amended by P.L.229-2011, SEC.167; P.L.286-2013, SEC.32.

 

IC 20-20-6Chapter 6. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-6-1formerly 20-10.1-12.1-1
20-20-6-2formerly 20-10.1-12.1-2
20-20-6-3formerly 20-10.1-12.1-3
20-20-6-4formerly 20-10.1-12.1-4.]

Repealed by P.L.7-2011, SEC.26.

 

IC 20-20-7Chapter 7. High School Diploma Program for Eligible Veterans
           20-20-7-1"Department of veterans' affairs"
           20-20-7-2"Diploma"
           20-20-7-3"Eligible veteran"
           20-20-7-4"Program"
           20-20-7-5"School corporation"
           20-20-7-6High school programs for eligible veterans; establishment
           20-20-7-7Application for diploma; information required
           20-20-7-8Department of veterans' affairs; responsibilities
           20-20-7-9Individuals eligible to apply
           20-20-7-10Application required
           20-20-7-11Department of veterans' affairs; receipt of application; verification of information
           20-20-7-12Department of education; responsibilities
           20-20-7-13Ceremonies for presentation of diplomas
           20-20-7-14State board; design of commemorative diploma required
           20-20-7-15Governing body; design of commemorative diploma allowed; types of diplomas
           20-20-7-16Cooperative administration of program
           20-20-7-17Fees prohibited
           20-20-7-18Rules

 

IC 20-20-7-1"Department of veterans' affairs"

     Sec. 1. As used in this chapter, "department of veterans' affairs" refers to the Indiana department of veterans' affairs established by IC 10-17-1-2.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-2"Diploma"

     Sec. 2. As used in this chapter, "diploma" refers to a high school diploma.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-3"Eligible veteran"

     Sec. 3. As used in this chapter, "eligible veteran" refers to an individual who has the following qualifications:

(1) Served as a member of the armed forces of the United States at any time during at least one (1) of the following periods:

(A) Beginning April 6, 1917, and ending November 11, 1918 (World War I).

(B) Beginning December 7, 1941, and ending December 31, 1946 (World War II).

(C) Beginning June 27, 1950, and ending January 31, 1955 (Korean Conflict).

(D) Beginning August 5, 1964, and ending May 7, 1975 (Vietnam Conflict).

(2) Before the military service described in subdivision (1):

(A) attended a public or nonpublic high school in Indiana; and

(B) was a student in good standing at the high school described in clause (A), to the satisfaction of the department of veterans' affairs.

(3) Did not graduate or receive a diploma because of leaving the high school described in subdivision (2) for the military service described in subdivision (1).

(4) Was honorably discharged from the armed forces of the United States.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-3.]

As added by P.L.1-2005, SEC.4. Amended by P.L.144-2007, SEC.17.

 

IC 20-20-7-4"Program"

     Sec. 4. As used in this chapter, "program" refers to the high school diploma program for eligible veterans established by section 6 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-5"School corporation"

     Sec. 5. As used in this chapter, "school corporation" includes a successor school corporation serving the area where a high school that no longer exists was once located.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-6High school programs for eligible veterans; establishment

     Sec. 6. The high school diploma program for eligible veterans is established to provide for the issuance of high school diplomas to certain veterans.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-7Application for diploma; information required

     Sec. 7. (a) The department and the department of veterans' affairs shall jointly design a form for the application for issuance of a diploma under the program.

     (b) The application form must require at least the following information about an eligible veteran:

(1) Personal identification information.

(2) Military service information, including a copy of the eligible veteran's honorable discharge.

(3) High school information, including the following:

(A) Name and address, including county, of the last high school attended.

(B) Whether the high school was a public or nonpublic school.

(C) Years attended.

(D) Year of leaving high school to begin military service.

(E) Year in which the veteran would have graduated if the veteran had not left high school to begin military service.

(4) If the high school attended was a public school, whether the veteran prefers receiving a diploma issued by:

(A) the state board; or

(B) the governing body of the school corporation governing the high school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-7.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-8Department of veterans' affairs; responsibilities

     Sec. 8. The department of veterans' affairs shall do the following for individuals that the department of veterans' affairs has reason to believe may be eligible to apply for a diploma under the program:

(1) Give notice of the program.

(2) Describe the application procedure.

(3) Furnish an application form.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-8.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-9Individuals eligible to apply

     Sec. 9. The following individuals may apply for the issuance of a diploma to an eligible veteran under the program:

(1) An eligible veteran, including an eligible veteran who has received a general educational development (GED) diploma issued under IC 20-20-6 (before its repeal) or IC 22-4.1-18, or a similar diploma.

(2) An individual who is:

(A) the surviving spouse of; or

(B) otherwise related to;

an eligible veteran who is deceased.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-9.]

As added by P.L.1-2005, SEC.4. Amended by P.L.7-2011, SEC.6.

 

IC 20-20-7-10Application required

     Sec. 10. An applicant for a diploma under the program must submit a completed application form to the department of veterans' affairs.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-10.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-11Department of veterans' affairs; receipt of application; verification of information

     Sec. 11. Upon receipt of an application, the department of veterans' affairs shall do the following:

(1) Verify the accuracy of the information in the application, in consultation with the department, if necessary.

(2) Forward the verified application to the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-11.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-12Department of education; responsibilities

     Sec. 12. Upon receipt of a verified application, the department shall do the following:

(1) If the applicant:

(A) expresses a preference in the application to receive a diploma issued by the state board; or

(B) attended a nonpublic high school before leaving high school for military service;

the department shall present a diploma issued by the state board.

(2) If the applicant expresses a preference for receiving a diploma from the governing body of the school corporation containing the public high school that the eligible veteran left for military service, the department shall direct the governing body of the affected school corporation to issue and present the diploma.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-12.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-13Ceremonies for presentation of diplomas

     Sec. 13. (a) The department and governing bodies are encouraged but are not required to hold a ceremony to present a diploma that is issued under the program.

     (b) Upon request of a governing body, the department, in cooperation with the department of veterans' affairs, shall assist the governing body to develop a variety of formats for appropriate ceremonies at which to award diplomas under the program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-13.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-14State board; design of commemorative diploma required

     Sec. 14. (a) The state board shall design a unique commemorative diploma for the board to issue to eligible veterans who:

(1) attended a public high school and express in the application a preference for receiving a diploma that the state board issues; or

(2) attended a nonpublic high school.

     (b) The state board shall design a unique commemorative diploma that a governing body may choose to issue under the program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-14.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-15Governing body; design of commemorative diploma allowed; types of diplomas

     Sec. 15. (a) A governing body may design a unique commemorative diploma for the governing body to issue under the program.

     (b) A governing body that issues a diploma under the program shall issue one (1) of the following types of diplomas:

(1) The diploma described in subsection (a).

(2) The diploma designed by the state board under section 14(b) of this chapter.

(3) The same diploma that the governing body issues to current graduates.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-15.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-16Cooperative administration of program

     Sec. 16. The department and the department of veterans' affairs shall work cooperatively to jointly administer this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-16.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-17Fees prohibited

     Sec. 17. A fee may not be charged to process an application or to award a diploma under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-17.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-7-18Rules

     Sec. 18. The department and the department of veterans' affairs may adopt rules under IC 4-22-2 to implement this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-30-18.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-8Chapter 8. School Corporation Annual Performance Report
           20-20-8-1"Benchmark"
           20-20-8-2"Report"
           20-20-8-3Publication of report; Internet publication
           20-20-8-4Public hearing
           20-20-8-5Copy of report to be provided to department
           20-20-8-6Contents of report
           20-20-8-7Development and revision of reporting procedures and implementation standards
           20-20-8-8Report information
           20-20-8-8Report information
           20-20-8-9Annual compilation of reports

 

IC 20-20-8-1"Benchmark"

     Sec. 1. As used in this chapter, "benchmark" refers to a benchmark established under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-8-2"Report"

     Sec. 2. As used in this chapter, "report" refers to the school corporation annual performance report required by this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-8-3Publication of report; Internet publication

     Sec. 3. (a) Not earlier than March 15 or later than March 31 of each year, the governing body of a school corporation shall publish an annual performance report of the school corporation, in compliance with the procedures identified in section 7 of this chapter. The report must be published one (1) time annually under IC 5-3-1.

     (b) The department shall make each school corporation's report available on the department's Internet web site. The annual performance report published on the Internet for a school corporation, including a charter school, must include any additional information submitted by the school corporation under section 6(3)(A) of this chapter. The governing body of a school corporation shall make the school corporation's report available on a prominent page of a school corporation's Internet web site.

     (c) The governing body of a school corporation shall provide a copy of the report to a person who requests a copy. The governing body may not charge a fee for providing the copy.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-4.]

As added by P.L.1-2005, SEC.4. Amended by P.L.169-2005, SEC.10; P.L.43-2014, SEC.3; P.L.233-2015, SEC.40.

 

IC 20-20-8-4Public hearing

     Sec. 4. Not later than sixty (60) days after the publication of the report, the governing body of a school corporation may conduct a public hearing at a location within the school corporation to present and discuss the report. The governing body may conduct the meeting in conjunction with a regular meeting of the governing body.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-8-5Copy of report to be provided to department

     Sec. 5. A school corporation shall provide a copy of the report to the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-8-6Contents of report

     Sec. 6. A report must contain the following:

(1) The information listed in section 8 of this chapter for each of the preceding three (3) years.

(2) Additional components determined under section 7(4) of this chapter.

(3) Additional information or explanation that the governing body wishes to include, including the following:

(A) Results of nationally recognized assessments of students under programs other than the statewide assessment program that a school corporation, including a charter school, uses to determine if students are meeting or exceeding academic standards in grades that are tested under the statewide assessment program.

(B) Results of assessments of students under programs other than the statewide assessment program that a school corporation uses to determine if students are meeting or exceeding academic standards in grades that are not tested under the statewide assessment program.

(C) The number and types of staff professional development programs.

(D) The number and types of partnerships with the community, business, or postsecondary education.

(E) Levels of parental participation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-7.]

As added by P.L.1-2005, SEC.4. Amended by P.L.169-2005, SEC.11; P.L.2-2007, SEC.203; P.L.242-2017, SEC.7.

 

IC 20-20-8-7Development and revision of reporting procedures and implementation standards

     Sec. 7. The state superintendent and the state board, in consultation with school corporations, educational organizations, appropriate state agencies, and other organizations and individuals having an interest in education, shall develop and periodically revise the following for the benchmarks and indicators of performance under section 8 of this chapter and the additional components of the performance report:

(1) Reporting procedures, including the following:

(A) A determination of the information that a school corporation must compile and the information that the department must compile.

(B) A determination of the information required on a school by school basis and the information required on a school corporation basis.

(C) A common format suitable for publication, including tables, graphics, and explanatory text. The common format must allow the inclusion of additional information described in section 6(3)(A) of this chapter that is submitted by a school corporation, including a charter school.

(2) Operational definitions.

(3) Standards for implementation.

(4) Additional components for the report that may be benchmarks, indicators of performance, or other information.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-8.]

As added by P.L.1-2005, SEC.4. Amended by P.L.169-2005, SEC.12.

 

IC 20-20-8-8Report information

     Note: This version of section effective until 4-28-2017. See also following version of this section, effective 4-28-2017.

     Sec. 8. (a) The report must include the following information:

(1) Student enrollment.

(2) Graduation rate (as defined in IC 20-26-13-6) and the graduation rate excluding students that receive a graduation waiver under IC 20-32-4-4.

(3) Attendance rate.

(4) The following test scores, including the number and percentage of students meeting academic standards:

(A) All state standardized assessment scores.

(B) Scores for assessments under IC 20-32-5-21, if appropriate.

(C) For a freeway school, scores on a locally adopted assessment program, if appropriate.

(5) Average class size.

(6) The school's performance category or designation of school improvement assigned under IC 20-31-8.

(7) The number and percentage of students in the following groups or programs:

(A) Alternative education, if offered.

(B) Career and technical education.

(C) Special education.

(D) High ability.

(E) Limited English language proficiency.

(F) Students receiving free or reduced price lunch under the national school lunch program.

(8) Advanced placement, including the following:

(A) For advanced placement tests, the percentage of students:

(i) scoring three (3), four (4), and five (5); and

(ii) taking the test.

(B) For the Scholastic Aptitude Test:

(i) the average test scores for all students taking the test;

(ii) the average test scores for students completing the academic honors diploma program; and

(iii) the percentage of students taking the test.

(9) Course completion, including the number and percentage of students completing the following programs:

(A) Academic honors diploma.

(B) Core 40 curriculum.

(C) Career and technical programs.

(10) The percentage of graduates considered college and career ready in a manner prescribed by the state board.

(11) School safety, including:

(A) the number of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons;

(B) the number of incidents reported under IC 20-33-9; and

(C) the number of bullying incidents reported under IC 20-34-6 by category.

(12) Financial information and various school cost factors required to be provided to the office of management and budget under IC 20-42.5-3-5.

(13) The number and percentage of each of the following within the school corporation:

(A) Teachers who are certificated employees (as defined in IC 20-29-2-4).

(B) Teachers who teach the subject area for which the teacher is certified and holds a license.

(C) Teachers with national board certification.

(14) The percentage of grade 3 students reading at grade 3 level.

(15) The number of students expelled, including the percentage of students expelled by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(16) Chronic absenteeism, which includes the number of students who have been absent from school for ten percent (10%) or more of a school year for any reason.

(17) Habitual truancy, which includes the number of students who have been absent ten (10) days or more from school within a school year without being excused or without being absent under a parental request that has been filed with the school.

(18) The number of students who have dropped out of school, including the reasons for dropping out, including the percentage of students who have dropped out by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(19) The number of out of school suspensions assigned, including the percentage of students suspended by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(20) The number of in school suspensions assigned, including the percentage of students suspended by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(21) The number of student work permits revoked.

(22) The number of students receiving an international baccalaureate diploma.

     (b) Section 3(a) of this chapter does not apply to the publication of information required under this subsection. This subsection applies to schools, including charter schools, located in a county having a consolidated city, including schools located in excluded cities (as defined in IC 36-3-1-7). A separate report including the information reported under subsection (a) must be disaggregated by race, grade, gender, free or reduced price lunch status, and eligibility for special education and must be made available on the Internet as provided in section 3(b) of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-9.]

As added by P.L.1-2005, SEC.4. Amended by P.L.72-2006, SEC.1; P.L.185-2006, SEC.7; P.L.84-2007, SEC.1; P.L.234-2007, SEC.91; P.L.3-2008, SEC.115; P.L.246-2013, SEC.5; P.L.285-2013, SEC.2; P.L.246-2013, SEC.6; P.L.213-2015, SEC.159; P.L.220-2015, SEC.2; P.L.118-2016, SEC.1; P.L.127-2016, SEC.4; P.L.179-2016, SEC.1; P.L.85-2017, SEC.74.

 

IC 20-20-8-8Report information

     Note: This version of section effective 4-28-2017. See also preceding version of this section, effective until 4-28-2017.

     Sec. 8. (a) The report must include the following information:

(1) Student enrollment.

(2) Graduation rate (as defined in IC 20-26-13-6) and the graduation rate excluding students that receive a graduation waiver under IC 20-32-4-4.

(3) Attendance rate.

(4) The following test scores, including the number and percentage of students meeting academic standards:

(A) All state standardized assessment scores.

(B) Scores for assessments under IC 20-32-5-21 (before its expiration on July 1, 2018), if appropriate.

(C) For a freeway school, scores on a locally adopted assessment program, if appropriate.

(5) Average class size.

(6) The school's performance category or designation of school improvement assigned under IC 20-31-8.

(7) The number and percentage of students in the following groups or programs:

(A) Alternative education, if offered.

(B) Career and technical education.

(C) Special education.

(D) High ability.

(E) Limited English language proficiency.

(F) Students receiving free or reduced price lunch under the national school lunch program.

(8) Advanced placement, including the following:

(A) For advanced placement tests, the percentage of students:

(i) scoring three (3), four (4), and five (5); and

(ii) taking the test.

(B) For the Scholastic Aptitude Test:

(i) the average test scores for all students taking the test;

(ii) the average test scores for students completing the academic honors diploma program; and

(iii) the percentage of students taking the test.

(9) Course completion, including the number and percentage of students completing the following programs:

(A) Academic honors diploma.

(B) Core 40 curriculum.

(C) Career and technical programs.

(10) The percentage of graduates considered college and career ready in a manner prescribed by the state board.

(11) School safety, including:

(A) the number of students receiving suspension or expulsion for the possession of alcohol, drugs, or weapons;

(B) the number of incidents reported under IC 20-33-9; and

(C) the number of bullying incidents reported under IC 20-34-6 by category.

(12) Financial information and various school cost factors required to be provided to the office of management and budget under IC 20-42.5-3-5.

(13) The number and percentage of each of the following within the school corporation:

(A) Teachers who are certificated employees (as defined in IC 20-29-2-4).

(B) Teachers who teach the subject area for which the teacher is certified and holds a license.

(C) Teachers with national board certification.

(14) The percentage of grade 3 students reading at grade 3 level.

(15) The number of students expelled, including the percentage of students expelled by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(16) Chronic absenteeism, which includes the number of students who have been absent from school for ten percent (10%) or more of a school year for any reason.

(17) Habitual truancy, which includes the number of students who have been absent ten (10) days or more from school within a school year without being excused or without being absent under a parental request that has been filed with the school.

(18) The number of students who have dropped out of school, including the reasons for dropping out, including the percentage of students who have dropped out by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(19) The number of out of school suspensions assigned, including the percentage of students suspended by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(20) The number of in school suspensions assigned, including the percentage of students suspended by race, grade, gender, free or reduced price lunch status, and eligibility for special education.

(21) The number of student work permits revoked.

(22) The number of students receiving an international baccalaureate diploma.

     (b) Section 3(a) of this chapter does not apply to the publication of information required under this subsection. This subsection applies to schools, including charter schools, located in a county having a consolidated city, including schools located in excluded cities (as defined in IC 36-3-1-7). A separate report including the information reported under subsection (a) must be disaggregated by race, grade, gender, free or reduced price lunch status, and eligibility for special education and must be made available on the Internet as provided in section 3(b) of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-9.]

As added by P.L.1-2005, SEC.4. Amended by P.L.72-2006, SEC.1; P.L.185-2006, SEC.7; P.L.84-2007, SEC.1; P.L.234-2007, SEC.91; P.L.3-2008, SEC.115; P.L.246-2013, SEC.5; P.L.285-2013, SEC.2; P.L.246-2013, SEC.6; P.L.213-2015, SEC.159; P.L.220-2015, SEC.2; P.L.118-2016, SEC.1; P.L.127-2016, SEC.4; P.L.179-2016, SEC.1; P.L.85-2017, SEC.74; P.L.242-2017, SEC.8.

 

IC 20-20-8-9Annual compilation of reports

     Sec. 9. The department shall annually produce and distribute in paper and electronic formats a compiled report that includes the reports of all school corporations.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-21-10.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-9Chapter 9. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-9-1formerly 20-1-22-1
20-20-9-2formerly 20-1-22-2
20-20-9-3formerly 20-1-22-3.]

Repealed by P.L.286-2013, SEC.33.

 

IC 20-20-10Chapter 10. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-10-1New
20-20-10-2formerly 20-10.1-5.6-1
20-20-10-3formerly 20-10.1-5.6-1
20-20-10-4formerly 20-10.1-5.6-2
20-20-10-5formerly 20-10.1-5.6-3
20-20-10-6formerly 20-10.1-5.6-4.]

Repealed by P.L.286-2013, SEC.34.

 

IC 20-20-11Chapter 11. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-11-1formerly 20-10.1-22-1
20-20-11-2formerly 20-10.1-22-2
20-20-11-3formerly 20-10.1-22-3.]

Repealed by P.L.286-2013, SEC.35.

 

IC 20-20-12Chapter 12. Program for the Advancement of Math and Science
           20-20-12-1Administration of program

 

IC 20-20-12-1Administration of program

     Sec. 1. The department shall administer the advanced placement program established by IC 20-36-3-4(a).

[2005 Elementary and Secondary Education Recodification Citation: New.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13Chapter 13. Educational Technology Program and Grants
           20-20-13-0.5"Fund"
           20-20-13-1"Grant"
           20-20-13-2"Group"
           20-20-13-3"School corporation"
           20-20-13-4"Technology equipment"
           20-20-13-5"Technology plan"
           20-20-13-6David C. Ford educational technology program and fund
           20-20-13-6David C. Ford educational technology program and fund
           20-20-13-7Technology plan
           20-20-13-7Technology plan
           20-20-13-8Use of funds
           20-20-13-94R's technology grant program; surplus remediation funds; eligibility; award of grants; monitoring compliance
           20-20-13-10Guidelines
           20-20-13-11Application for funds
           20-20-13-12Deposit of grants
           20-20-13-12Deposit of grants in education fund
           20-20-13-13Establishment
           20-20-13-14Funding and administration
           20-20-13-15Qualifications for technology plan grant
           20-20-13-16Delays in grant distribution
           20-20-13-17Total grant amount
           20-20-13-18Use of grant
           20-20-13-19List of school corporations by assessed valuation; determination of group to receive grant
           20-20-13-20Distribution of grant
           20-20-13-21Reports on use of grant money
           20-20-13-22Expenditures for technology in capital projects fund budget; forfeiture of grant
           20-20-13-22Expenditures for technology in operations fund budget; forfeiture of grant
           20-20-13-23Guidelines
           20-20-13-24Deposit of grant
           20-20-13-24Deposit of grant

 

IC 20-20-13-0.5"Fund"

     Sec. 0.5. As used in this chapter, "fund" refers to the Senator David C. Ford educational technology fund established under section 6 of this chapter.

As added by P.L.31-2009, SEC.1.

 

IC 20-20-13-1"Grant"

     Sec. 1. As used in sections 13 through 24 of this chapter, "grant" refers to a technology plan grant under sections 13 through 24 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-2"Group"

     Sec. 2. As used in sections 13 through 24 of this chapter, "group" includes the school corporations that are placed in a group of school corporations under sections 13 through 24 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-3"School corporation"

     Sec. 3. As used in sections 13 through 24 of this chapter, "school corporation" includes, except as otherwise provided in this chapter, the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1, the Indiana School for the Deaf established by IC 20-22-2-1, and a charter school established under IC 20-24.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-2.5.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.45; P.L.182-2009(ss), SEC.304.

 

IC 20-20-13-4"Technology equipment"

     Sec. 4. As used in sections 6 through 12 of this chapter, "technology equipment" means computer hardware, computer software, related teacher training services, related instructional manuals and materials, and equipment servicing.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-1.1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-5"Technology plan"

     Sec. 5. As used in sections 13 through 24 of this chapter, "technology plan" refers to a technology plan developed under section 7 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-6David C. Ford educational technology program and fund

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 6. (a) The Senator David C. Ford educational technology fund is established to extend educational technologies to elementary and secondary schools. The fund may be used for:

(1) the 4R's technology grant program to assist school corporations (on behalf of public schools) in purchasing technology equipment:

(A) for kindergarten and grade 1 students, to learn reading, writing, and arithmetic using technology;

(B) for students in all grades, to understand that technology is a tool for learning; and

(C) for students in kindergarten through grade 3 who have been identified as needing remediation, to offer daily remediation opportunities using technology to prevent those students from failing to make appropriate progress at the particular grade level;

(2) a school technology program developed by the department. The program may include grants to school corporations for the purchase of:

(A) equipment, hardware, and software;

(B) learning and teaching systems; and

(C) other materials;

that promote student learning, as determined by the department.

(3) providing educational technologies, including computers in the homes of students;

(4) conducting educational technology training for teachers; and

(5) other innovative educational technology programs.

     (b) The department may also use money in the fund under contracts entered into with the office of technology established by IC 4-13.1-2-1 to study the feasibility of establishing an information telecommunications gateway that provides access to information on employment opportunities, career development, and instructional services from data bases operated by the state among the following:

(1) Elementary and secondary schools.

(2) Postsecondary educational institutions.

(3) Career and technical educational centers and institutions that are not postsecondary educational institutions.

(4) Libraries.

(5) Any other agencies offering education and training programs.

     (c) The fund consists of:

(1) state appropriations;

(2) private donations to the fund; or

(3) any combination of the amounts described in subdivisions (1) through (2).

     (d) The fund shall be administered by the department.

     (e) Unexpended money appropriated to or otherwise available in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to the department for use under this chapter.

     (f) Subject to section 7 of this chapter, a school corporation may use money from the school corporation's capital projects fund as permitted under IC 20-40-8 for educational technology equipment.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-1.]

As added by P.L.1-2005, SEC.4. Amended by P.L.177-2005, SEC.40; P.L.2-2006, SEC.81; P.L.2-2007, SEC.205; P.L.234-2007, SEC.92; P.L.3-2008, SEC.116; P.L.31-2009, SEC.2; P.L.182-2009(ss), SEC.305; P.L.133-2012, SEC.185.

 

IC 20-20-13-6David C. Ford educational technology program and fund

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 6. (a) The Senator David C. Ford educational technology fund is established to extend educational technologies to elementary and secondary schools. The fund may be used for:

(1) the 4R's technology grant program to assist school corporations (on behalf of public schools) in purchasing technology equipment:

(A) for kindergarten and grade 1 students, to learn reading, writing, and arithmetic using technology;

(B) for students in all grades, to understand that technology is a tool for learning; and

(C) for students in kindergarten through grade 3 who have been identified as needing remediation, to offer daily remediation opportunities using technology to prevent those students from failing to make appropriate progress at the particular grade level;

(2) a school technology program developed by the department. The program may include grants to school corporations for the purchase of:

(A) equipment, hardware, and software;

(B) learning and teaching systems; and

(C) other materials;

that promote student learning, as determined by the department.

(3) providing educational technologies, including computers in the homes of students;

(4) conducting educational technology training for teachers; and

(5) other innovative educational technology programs.

     (b) The department may also use money in the fund under contracts entered into with the office of technology established by IC 4-13.1-2-1 to study the feasibility of establishing an information telecommunications gateway that provides access to information on employment opportunities, career development, and instructional services from data bases operated by the state among the following:

(1) Elementary and secondary schools.

(2) Postsecondary educational institutions.

(3) Career and technical educational centers and institutions that are not postsecondary educational institutions.

(4) Libraries.

(5) Any other agencies offering education and training programs.

     (c) The fund consists of:

(1) state appropriations;

(2) private donations to the fund; or

(3) any combination of the amounts described in subdivisions (1) through (2).

     (d) The fund shall be administered by the department.

     (e) Unexpended money appropriated to or otherwise available in the fund at the end of a state fiscal year does not revert to the state general fund but remains available to the department for use under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-1.]

As added by P.L.1-2005, SEC.4. Amended by P.L.177-2005, SEC.40; P.L.2-2006, SEC.81; P.L.2-2007, SEC.205; P.L.234-2007, SEC.92; P.L.3-2008, SEC.116; P.L.31-2009, SEC.2; P.L.182-2009(ss), SEC.305; P.L.133-2012, SEC.185; P.L.244-2017, SEC.16.

 

IC 20-20-13-7Technology plan

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 7. (a) Notwithstanding any other law, a school corporation is not entitled to:

(1) receive any money under this chapter;

(2) use money from the school corporation's capital projects fund for educational technology equipment under IC 20-40-8; or

(3) receive an advance from the common school fund for an educational technology program under IC 20-49-4;

unless the school corporation develops a three (3) year technology plan.

     (b) Each technology plan must include at least the following information:

(1) A description of the school corporation's intent to integrate technology into the school corporation's curriculum.

(2) A plan for providing inservice training.

(3) A schedule for maintaining and replacing educational technology equipment.

(4) A description of the criteria used to select the appropriate educational technology equipment for the appropriate use.

(5) Other information requested by the department after consulting with the budget agency.

     (c) The department shall develop guidelines concerning the development of technology plans. The guidelines developed under this subsection are subject to the approval of the governor.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-1.2.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2006, SEC.82; P.L.133-2012, SEC.186.

 

IC 20-20-13-7Technology plan

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 7. (a) Notwithstanding any other law, a school corporation is not entitled to:

(1) receive any money under this chapter;

(2) use money from the school corporation's education fund for educational technology equipment under IC 20-40-2; or

(3) receive an advance from the common school fund for an educational technology program under IC 20-49-4;

unless the school corporation develops a three (3) year technology plan.

     (b) Each technology plan must include at least the following information:

(1) A description of the school corporation's intent to integrate technology into the school corporation's curriculum.

(2) A plan for providing inservice training.

(3) A schedule for maintaining and replacing educational technology equipment.

(4) A description of the criteria used to select the appropriate educational technology equipment for the appropriate use.

(5) Other information requested by the department after consulting with the budget agency.

     (c) The department shall develop guidelines concerning the development of technology plans. The guidelines developed under this subsection are subject to the approval of the governor.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-1.2.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2006, SEC.82; P.L.133-2012, SEC.186; P.L.244-2017, SEC.17.

 

IC 20-20-13-8Use of funds

     Sec. 8. Upon the approval of the governor and the budget agency, the department may use funds available under this chapter to provide or extend education technology to any school corporation for purposes described in this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-2.]

As added by P.L.1-2005, SEC.4. Amended by P.L.133-2012, SEC.187.

 

IC 20-20-13-94R's technology grant program; surplus remediation funds; eligibility; award of grants; monitoring compliance

     Sec. 9. (a) This section applies to the 4R's technology program described in section 6(a)(1) of this chapter.

     (b) In addition to any other funds available under this chapter, if state funds are transferred under IC 20-32-5-19 (before its expiration on July 1, 2018) to the 4R's technology program:

(1) those funds do not revert to the state general fund;

(2) those funds shall be made available to the 4R's technology program under this chapter; and

(3) the department, upon approval by the governor and the budget agency, shall use those funds to award grants under this section.

     (c) To be eligible to receive a grant under the program, a school corporation must comply with the following:

(1) The school corporation must apply to the department for a grant on behalf of a school within the school corporation to purchase technology equipment.

(2) The school corporation must certify the following:

(A) That the school will provide every kindergarten and grade 1 student at that school the opportunity to learn reading, writing, and arithmetic using technology.

(B) That the school will provide daily before or after school technology laboratories for students in grades 1 through 3 who have been identified as needing remediation in reading, writing, or arithmetic.

(C) That the school will provide additional technology opportunities, that may include Saturday sessions, for students in other grade levels to use the technology laboratories for remediation in reading, writing, arithmetic, or mathematics.

(D) That the school will provide technology opportunities to students that attend remediation programs under IC 20-32-8 (if the school corporation is required to do so) or any other additional summer programs.

(E) That the school corporation, either through its own or the school's initiative, is able to provide a part of the costs attributable to purchasing the necessary technology equipment.

(3) The school corporation must include in the application the sources of and the amount of money secured under subdivision (2)(E).

(4) The school corporation or the school must:

(A) provide teacher training services; or

(B) use vendor provided teacher training services.

(5) The school corporation must give primary consideration to the purchase of technology equipment that includes teacher training services.

(6) The teachers who will be using the technology equipment must support the initiative described in this chapter.

     (d) Upon review of the applications by the department, the satisfaction of the requirements set forth in subsection (c), and subject to the availability of funds for this purpose, the department shall award to each eligible school corporation a grant to purchase technology equipment under section 6(a)(1) of this chapter.

     (e) The department shall monitor the compliance by the school corporations receiving grants of the matters cited in subsection (c).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-2.1.]

As added by P.L.1-2005, SEC.4. Amended by P.L.133-2012, SEC.188; P.L.242-2017, SEC.9.

 

IC 20-20-13-10Guidelines

     Sec. 10. The department shall develop guidelines necessary to implement sections 6 through 9 of this chapter, including guidelines that require the school corporation to use the laboratories to the fullest extent possible.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-11Application for funds

     Sec. 11. To be eligible to receive money under sections 6 through 9 of this chapter, a school corporation must apply to the department on forms provided by the department.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-12Deposit of grants

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 12. A school corporation that receives a grant under sections 6 through 9 of this chapter must deposit the grant in the school technology fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-5.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2006, SEC.83.

 

IC 20-20-13-12Deposit of grants in education fund

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 12. A school corporation that receives a grant under sections 6 through 9 of this chapter must deposit the grant in the school corporation's education fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25-5.]

As added by P.L.1-2005, SEC.4. Amended by P.L.2-2006, SEC.83; P.L.244-2017, SEC.18.

 

IC 20-20-13-13Establishment

     Sec. 13. There is established a technology plan grant program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-14Funding and administration

     Sec. 14. The department shall fund and administer the technology plan grant program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-15Qualifications for technology plan grant

     Sec. 15. A school corporation qualifies for a technology plan grant under sections 13 through 24 of this chapter when the technology plan of the school corporation developed under section 7 of this chapter is approved by the department. For purposes of determining whether a school corporation qualifies for a grant under sections 13 through 24 of this chapter, the department shall:

(1) review;

(2) suggest changes;

(3) approve; or

(4) reject;

a school corporation's technology plan.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-6.]

As added by P.L.1-2005, SEC.4. Amended by P.L.133-2012, SEC.189.

 

IC 20-20-13-16Delays in grant distribution

     Sec. 16. (a) This section applies when a school corporation does not qualify for a grant because the school corporation's technology plan has not been approved under section 15 of this chapter.

     (b) The department shall delay grant distribution after the scheduled time for grant distribution until the school corporation's technology plan is approved. The delay is without loss or penalty to the school corporation. If the school corporation's technology plan is not approved by the end of the grant distribution period, the school corporation may not receive a grant distribution.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-7.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-17Total grant amount

     Sec. 17. The total technology plan grant amount to a qualifying school corporation is the amount determined by the department multiplied by the school corporation's fall count of students under IC 20-43-4 in the school year ending in the current calendar year.

The amount is one hundred dollars ($100). However, for the purposes of determining the current ADM of a school corporation, students who are transferred under IC 20-33-4 or IC 20-26-11 shall be counted as students having legal settlement in the transferee corporation and not having legal settlement in the transferor corporation.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-9.]

As added by P.L.1-2005, SEC.4. Amended by P.L.133-2012, SEC.190; P.L.205-2013, SEC.225; P.L.217-2017, SEC.96.

 

IC 20-20-13-18Use of grant

     Sec. 18. A school corporation must use a grant received under sections 13 through 24 of this chapter to implement all or part of the school corporation's technology plan by funding uses that promote 1:1 computing infrastructure, include the following:

(1) Computers in classrooms.

(2) Computers for teachers.

(3) E-learning.

(4) Wiring infrastructure to support 1:1 computing.

(5) Technical support.

(6) Wide area networks and local area networks necessary to support 1:1 computing.

(7) Infrastructure software.

(8) Assistive technology devices for students with disabilities in 1:1 computing environment.

(9) Other uses of technology approved by the department of education.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-10.]

As added by P.L.1-2005, SEC.4. Amended by P.L.246-2005, SEC.127.

 

IC 20-20-13-19List of school corporations by assessed valuation; determination of group to receive grant

     Sec. 19. (a) The department shall list all school corporations in Indiana according to assessed valuation for property tax purposes per student in current ADM, as determined in section 17 of this chapter, beginning with the school corporation having the lowest assessed valuation for property tax purposes per student in current ADM. For purposes of the list made under this section, the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1 and the Indiana School for the Deaf established by IC 20-22-2-1 shall be considered to have the lowest assessed valuation for property tax purposes per student in current ADM during the six (6) year period beginning July 1, 2001.

     (b) The department must prepare a revised list under subsection (a) before a new series of grants may begin.

     (c) The department shall determine those school corporations to be placed in a group to receive a grant in a fiscal year under sections 13 through 24 of this chapter as follows:

(1) Beginning with the school corporation that is first on the list developed under subsection (a), the department shall continue sequentially through the list and place school corporations that qualify for a grant under section 15 of this chapter in a group until the cumulative total current ADM of all school corporations in the group depletes the money that is available for grants in the fiscal year.

(2) Each fiscal year the department shall develop a new group by continuing sequentially through the list beginning with the first qualifying school corporation on the list that was not placed in a group in the prior fiscal year.

(3) If the final group developed from the list contains substantially fewer students in current ADM than available money, the department shall:

(A) prepare a revised list of school corporations under subsection (a); and

(B) place in the group qualifying school corporations from the top of the revised list.

(4) The department shall label the groups with sequential numbers beginning with "group one".

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-11.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.46; P.L.205-2013, SEC.226.

 

IC 20-20-13-20Distribution of grant

     Sec. 20. (a) Except as provided in subsection (b), in a state fiscal year, the department shall distribute grants to only two (2) groups of school corporations with each of the two (2) groups receiving fifty percent (50%) of the group's total grant amount.

     (b) In state fiscal year 1996-1997:

(1) the department shall begin grant distribution under sections 13 through 24 of this chapter; and

(2) the school corporations in group one shall receive one hundred percent (100%) of the group's total grant.

     (c) Beginning in state fiscal year 1997-1998, the department shall:

(1) distribute grants so that school corporations in group two receive:

(A) fifty percent (50%) of group two's total grant in the first year of distribution; and

(B) fifty percent (50%) of group two's total grant in the second year of distribution; and

(2) continue in group number sequence so that school corporations in each group receive:

(A) fifty percent (50%) of the group's total grant in the first year of distribution to the group; and

(B) fifty percent (50%) of the group's total grant in the second year of distribution to the group.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-12.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-21Reports on use of grant money

     Sec. 21. A school corporation shall report to the department on the use of grant money received under sections 13 through 24 of this chapter. A school corporation that fails to make a report under this section is not eligible for a subsequent grant.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-13.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-22Expenditures for technology in capital projects fund budget; forfeiture of grant

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 22. (a) This section applies in a year when a school corporation receives a grant under sections 13 through 24 of this chapter. The school corporation's capital projects fund budget must include an expenditure for technology that is not less than the school corporation's average annual expenditure for technology from the capital projects fund in the six (6) budget years preceding the year of the grant. If the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1 or the Indiana School for the Deaf established by IC 20-22-2-1 receives a grant under sections 13 through 24 of this chapter, the school's expenditures for technology in the year of the grant must exceed the school's average annual expenditure for technology in the six (6) budget years preceding the year of the grant.

     (b) For each year that a school corporation fails to observe subsection (a), the school corporation forfeits a grant under sections 13 through 24 of this chapter. The forfeit of the grant must occur in the first grant year after the school corporation fails to observe subsection (a).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-14.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.47.

 

IC 20-20-13-22Expenditures for technology in operations fund budget; forfeiture of grant

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 22. (a) This section applies in a year when a school corporation receives a grant under sections 13 through 24 of this chapter. The school corporation's operations fund budget must include an expenditure for technology that is not less than the school corporation's average annual expenditure for technology from the capital projects fund (before January 1, 2019) and from the education fund (after December 31, 2018) in the six (6) budget years preceding the year of the grant. If the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1 or the Indiana School for the Deaf established by IC 20-22-2-1 receives a grant under sections 13 through 24 of this chapter, the school's expenditures for technology in the year of the grant must exceed the school's average annual expenditure for technology in the six (6) budget years preceding the year of the grant.

     (b) For each year that a school corporation fails to observe subsection (a), the school corporation forfeits a grant under sections 13 through 24 of this chapter. The forfeit of the grant must occur in the first grant year after the school corporation fails to observe subsection (a).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-14.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.47; P.L.244-2017, SEC.19.

 

IC 20-20-13-23Guidelines

     Sec. 23. The department shall develop guidelines to implement sections 13 through 24 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-15.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-13-24Deposit of grant

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 24. A school corporation that receives a grant under sections 13 through 24 of this chapter shall deposit the grant in the school technology fund. If the Indiana School for the Blind and Visually Impaired or the Indiana School for the Deaf receives a grant under sections 13 through 24 of this chapter, the school shall deposit the grant in an account or fund that the school uses exclusively for the funding of technology.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-16.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.48; P.L.2-2006, SEC.84.

 

IC 20-20-13-24Deposit of grant

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 24. A school corporation that receives a grant under sections 13 through 24 of this chapter shall deposit the grant in the school corporation's education fund or operations fund, whichever is appropriate. If the Indiana School for the Blind and Visually Impaired or the Indiana School for the Deaf receives a grant under sections 13 through 24 of this chapter, the school shall deposit the grant in an account or fund that the school uses exclusively for the funding of technology.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.3-16.]

As added by P.L.1-2005, SEC.4. Amended by P.L.218-2005, SEC.48; P.L.2-2006, SEC.84; P.L.244-2017, SEC.20.

 

IC 20-20-14Chapter 14. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-14-1formerly 20-10.1-25.5-1
20-20-14-2formerly 20-10.1-25.5-2
20-20-14-3formerly 20-10.1-25.5-3
20-20-14-4formerly 20-10.1-25.5-4
20-20-14-5formerly 20-10.1-25.5-5.]

Repealed by P.L.133-2012, SEC.191.

 

IC 20-20-15Chapter 15. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-15-1formerly 20-10.1-25.1-1
20-20-15-2formerly 20-10.1-25.1-2
20-20-15-3formerly 20-10.1-25.1-3
20-20-15-4formerly 20-10.1-25.1-4
20-20-15-5formerly 20-10.1-25.1-5
20-20-15-6formerly 20-10.1-25.1-6
20-20-15-7formerly 20-10.1-25.1-7.]

Repealed by P.L.133-2012, SEC.192.

 

IC 20-20-16Chapter 16. Access to Telecommunications Service
           20-20-16-1Purpose of chapter
           20-20-16-2"Telecommunications services and equipment"
           20-20-16-3Coordination of funds and funding mechanisms

 

IC 20-20-16-1Purpose of chapter

     Sec. 1. The purpose of this chapter is to effectively:

(1) provide the methods and means by which all schools and libraries may receive access to resources available through technology and telecommunications services; and

(2) maximize the eligibility, availability, and use of the federal and state funding mechanisms.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.6-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-16-2"Telecommunications services and equipment"

     Sec. 2. As used in this chapter, "telecommunications services and equipment" includes all telecommunication services and equipment eligible for universal service fund discounts as described:

(1) in the federal Telecommunications Act of 1996 (P.L.104-104, 110 Stat. 56 (1996)) and applicable regulations or orders issued under that act;

(2) by the Indiana utility regulatory commission as allowed under the federal act; or

(3) in the office of technology established by IC 4-13.1-2-1 or state library technology grant programs.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.6-2.]

As added by P.L.1-2005, SEC.4. Amended by P.L.177-2005, SEC.41.

 

IC 20-20-16-3Coordination of funds and funding mechanisms

     Sec. 3. The office of technology established by IC 4-13.1-2-1, with the department of education and the state library, shall coordinate available federal and state funds and funding mechanisms to accomplish full access to telecommunications services and equipment by all schools, libraries, and rural health care providers as defined in:

(1) the federal Telecommunications Act of 1996 (P.L.104-104, 110 Stat. 56 (1996)) and regulations or orders issued under that act; or

(2) any regulations or orders issued by the Indiana utility regulatory commission in fulfillment of the state's obligations under the act.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-25.6-3.]

As added by P.L.1-2005, SEC.4. Amended by P.L.177-2005, SEC.42.

 

IC 20-20-17Chapter 17. School Intervention and Career Counseling Development Program and Fund
           20-20-17-1"Fund"
           20-20-17-2"Grant"
           20-20-17-3"School intervention and career counseling development program"
           20-20-17-4Establishment and administration of fund
           20-20-17-5Application for grant
           20-20-17-6Priorities in awarding grants
           20-20-17-7Determinations of grant awards; restrictions
           20-20-17-8Term of grant
           20-20-17-9Guidelines for implementation
           20-20-17-10Repealed

 

IC 20-20-17-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the school intervention and career counseling development fund established by section 4 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-2"Grant"

     Sec. 2. As used in this chapter, "grant" refers to a grant from the fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-3"School intervention and career counseling development program"

     Sec. 3. As used in this chapter, "school intervention and career counseling development program" refers to a program carried out under this chapter:

(1) for kindergarten through grade 6; and

(2) by a licensed school counselor.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-4Establishment and administration of fund

     Sec. 4. (a) As a result of a comprehensive study conducted by the department on the role of school counselors, including the expanding role of school counselors in career development under workforce development programs that affect public schools, the school intervention and career counseling development fund is established. The money in the fund shall be used to develop counseling models in a limited number of school corporations as determined by the department under this chapter.

     (b) If a school corporation is awarded a grant under this chapter, the school corporation must:

(1) agree to evaluate the impact and results of the school corporation's program; and

(2) submit the school corporation's findings to the department.

     (c) The department shall administer the fund.

     (d) The fund consists of:

(1) gifts to the fund;

(2) appropriations from the general assembly;

(3) grants, including grants from private entities; and

(4) a combination of the resources described in subdivisions (1), (2), and (3).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-5Application for grant

     Sec. 5. Subject to section 6 of this chapter, for a school corporation to be eligible to receive a grant under this chapter, the following must occur:

(1) The superintendent of the school corporation must apply to the department for a grant on forms provided by the department.

(2) The application for a grant must include the following information:

(A) A detailed description of a proposal for initiating or expanding a school intervention or career counseling program.

(B) Evidence supporting the school corporation's need to implement the school intervention or career counseling program.

(C) The number of elementary school counselors employed by the school corporation.

(D) The elementary school counselor/student ratio for the school corporation.

(E) Any other pertinent information required by the department, including evidence guaranteeing that if the school corporation receives a grant under this chapter, the school corporation has developed a plan to evaluate the impact and results of the school corporation's program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-6Priorities in awarding grants

     Sec. 6. The department may award grants to school corporations:

(1) upon review of the applications received under section 5 of this chapter;

(2) subject to available money; and

(3) in accordance with the following priorities:

(A) To the extent possible, to achieve geographic balance throughout Indiana and to include urban, suburban, and rural school corporations.

(B) To address a documented need for new or expanded school intervention or career counseling programs, including considering the percentage of students within the school corporation who are designated as at risk students.

(C) To promote innovative methods for initiating or expanding school intervention or career counseling programs.

(D) To reward school corporations that propose school intervention or career counseling programs that demonstrate the greatest potential for replication and implementation in Indiana.

(E) To lower school counselor/student ratios where the ratios are excessively high.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-6.]

As added by P.L.1-2005, SEC.4. Amended by P.L.286-2013, SEC.36.

 

IC 20-20-17-7Determinations of grant awards; restrictions

     Sec. 7. (a) Subject to subsection (b), the department shall determine the amount of each grant that is awarded under this chapter.

     (b) A grant to a particular school corporation may not exceed:

(1) fifteen thousand dollars ($15,000) for each full-time counselor for each academic year, or seven thousand five hundred dollars ($7,500) for each full-time counselor for each semester; and

(2) the following total grant awards as each relates to the ADM of the school corporation at the time the school corporation applies for the grant:

(A) For a school corporation with an ADM of not more than five thousand (5,000), seventy-five thousand dollars ($75,000).

(B) For a school corporation with an ADM of at least five thousand one (5,001) and not more than nine thousand nine hundred ninety-nine (9,999), one hundred twenty thousand dollars ($120,000).

(C) For a school corporation with an ADM of at least ten thousand (10,000), one hundred eighty thousand dollars ($180,000).

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-7.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-8Term of grant

     Sec. 8. A grant received by a school corporation may be expended by the school corporation for a twenty-four (24) month period.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-8.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-9Guidelines for implementation

     Sec. 9. The department shall develop guidelines necessary to implement this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-9.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-17-10Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-28-10.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.286-2013, SEC.37.

 

IC 20-20-18Chapter 18. Elementary School Counselors, Social Workers, and School Psychologists Program and Fund
           20-20-18-1"Fund"
           20-20-18-2"Grant"
           20-20-18-3"Program"
           20-20-18-4Establishment of fund
           20-20-18-5Eligibility for grants
           20-20-18-6Award of grants
           20-20-18-7Amount of grants
           20-20-18-8Duration of grants
           20-20-18-9Guidelines

 

IC 20-20-18-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the elementary school counselors, social workers, and school psychologists fund established by section 4 of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-2"Grant"

     Sec. 2. As used in this chapter, "grant" refers to a grant from the fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-3"Program"

     Sec. 3. As used in this chapter, "program" refers to an elementary school counseling program, a social work program, or a school psychologist program carried out under this chapter:

(1) for kindergarten through grade 6; and

(2) by:

(A) a licensed school counselor;

(B) a licensed social worker who has obtained at least a master's degree; or

(C) a licensed school psychologist.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-4Establishment of fund

     Sec. 4. (a) The elementary school counselors, social workers, and school psychologists fund is established. The money in the fund shall be used to assist school corporations in placing school counselors, social workers, and school psychologists in elementary schools through grants awarded as determined by the department under this chapter.

     (b) If a school corporation is awarded a grant under this chapter, the school corporation must:

(1) agree to evaluate the impact and results of the school corporation's program; and

(2) submit the school corporation's findings to the department.

     (c) The department shall administer the fund.

     (d) The fund consists of:

(1) gifts to the fund;

(2) appropriations from the general assembly; and

(3) grants, including grants from private entities.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-5Eligibility for grants

     Sec. 5. Subject to section 6 of this chapter, for a school corporation to be eligible to receive a grant under this chapter, the following must occur:

(1) The superintendent of the school corporation must apply to the department for a grant on a form provided by the department.

(2) The application for a grant must include the following information:

(A) A detailed description of a proposal for placing school counselors, social workers, or school psychologists in elementary schools to provide services to students and their families.

(B) Evidence supporting the school corporation's need to implement the program.

(C) The number of elementary school counselors, social workers, and school psychologists employed by the school corporation.

(D) The elementary school:

(i) school counselor/student ratio;

(ii) social worker/student ratio; and

(iii) school psychologist/student ratio;

for the school corporation.

(E) Any other pertinent information required by the department, including evidence guaranteeing that if the school corporation receives a grant under this chapter, the school corporation will have developed a plan to evaluate the impact and results of the school corporation's program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-6Award of grants

     Sec. 6. Upon review of the applications received under section 5 of this chapter, the department may award grants to school corporations subject to available money and in accordance with the following priorities:

(1) To the extent possible, to achieve geographic balance throughout Indiana and to include urban, suburban, and rural school corporations.

(2) To address a documented need for new or expanded programs, including consideration of the percentage of students within the school corporation who are designated as at risk students.

(3) To lower:

(A) student/school counselor ratios;

(B) student/social worker ratios; and

(C) student/school psychologist ratios;

where the ratios are excessively high.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-7Amount of grants

     Sec. 7. The department shall determine the amount of each grant that is awarded under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-7.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-8Duration of grants

     Sec. 8. A grant received by a school corporation may be expended by the school corporation for a twenty-four (24) month period.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-8.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18-9Guidelines

     Sec. 9. The department shall develop guidelines necessary to implement this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-31-9.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-18.5Chapter 18.5. Grants for Mental Health Counselor Licenses for School Counselors
           20-20-18.5-1Establishment of grant
           20-20-18.5-2Establishment of fund; administration; criteria
           20-20-18.5-3Eligibility; determination of amount and terms of grant
           20-20-18.5-4Rules

 

IC 20-20-18.5-1Establishment of grant

     Sec. 1. The mental health counselor licenses for school counselors grant is established for the purpose of awarding grants to provide funding for training for school counselors in kindergarten through grade 12 schools to obtain a mental health counselor license under IC 25-23.6-8.5.

As added by P.L.185-2015, SEC.18.

 

IC 20-20-18.5-2Establishment of fund; administration; criteria

     Sec. 2. (a) The mental health counselor licenses for school counselors fund is established for purposes of funding the grant set forth in section 1 of this chapter.

     (b) The department shall administer the fund.

     (c) The fund consists of the following:

(1) Appropriations from the general assembly.

(2) Gifts to the fund.

(3) Grants, including grants from private entities.

     (d) In awarding a grant under this chapter, the department shall ensure that the following criteria are met:

(1) Not more than one hundred (100) school counselors may be awarded a grant annually.

(2) An individual receiving a grant under this chapter must have been employed as a school counselor before July 1, 2015, and must be currently employed as a school counselor.

     (e) The expenses of administering the fund shall be paid from the fund.

     (f) Money in the fund that is not needed to pay the obligations of the fund may be invested in the manner that other public money may be invested. Interest from the investment of money in the fund becomes part of the fund.

     (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.185-2015, SEC.18.

 

IC 20-20-18.5-3Eligibility; determination of amount and terms of grant

     Sec. 3. (a) A school counselor or a school corporation is eligible to apply for a grant under this chapter. A school counselor or a school corporation applying for a grant under this chapter must apply in the manner prescribed by the department.

     (b) The department shall determine the amount and the terms of a grant awarded under this chapter.

As added by P.L.185-2015, SEC.18.

 

IC 20-20-18.5-4Rules

     Sec. 4. The department may adopt rules under IC 4-22-2 necessary to administer this chapter.

As added by P.L.185-2015, SEC.18.

 

IC 20-20-19Chapter 19. School Social Workers
           20-20-19-1Qualifications of school social workers

 

IC 20-20-19-1Qualifications of school social workers

     Sec. 1. (a) An individual who obtains a position as a school social worker for a school corporation must hold a master's degree in social work.

     (b) Subsection (a) does not apply to an individual who obtained a position as a school social worker for a school corporation before July 1, 2001.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-32-1.]

As added by P.L.1-2005, SEC.4. Amended by P.L.251-2017, SEC.2.

 

IC 20-20-20Chapter 20. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-20-1formerly 20-1-18.4-1
20-20-20-2formerly 20-1-18.4-2
20-20-20-3formerly 20-1-18.4-3
20-20-20-4formerly 20-1-18.4-4
20-20-20-5formerly 20-1-18.4-5
20-20-20-6formerly 20-1-18.4-6
20-20-20-7formerly 20-1-18.4-7
20-20-20-8formerly 20-1-18.4-8
20-20-20-9formerly 20-1-18.4-9.]

Repealed by P.L.7-2011, SEC.26.

 

IC 20-20-21Chapter 21. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-21-1formerly 20-11-3-1 part
20-20-21-2formerly 20-11-3-1 part
20-20-21-3formerly 20-11-3-2
20-20-21-4formerly 20-11-3-3
20-20-21-5formerly 20-11-3-4
20-20-21-6formerly 20-11-3-5
20-20-21-7formerly 20-11-3-5.5
20-20-21-8formerly 20-11-3-7.]

Repealed by P.L.1-2007, SEC.248.

 

IC 20-20-22Chapter 22. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-22-1New
20-20-22-2formerly 20-6.1-7-1
20-20-22-3formerly 20-6.1-7-2
20-20-22-4formerly 20-6.1-7-2.]

Repealed by P.L.286-2013, SEC.38.

 

IC 20-20-23Chapter 23. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-23-1formerly 20-10.1-13-1
20-20-23-2formerly 20-10.1-13-2
20-20-23-3formerly 20-10.1-13-3
20-20-23-4formerly 20-10.1-13-4
20-20-23-5formerly 20-10.1-13-5
20-20-23-6formerly 20-10.1-13-6
20-20-23-7formerly 20-10.1-13-7
20-20-23-8formerly 20-10.1-13-8.]

Repealed by P.L.286-2013, SEC.39.

 

IC 20-20-24Chapter 24. Arts Education Program
           20-20-24-1Purpose of chapter
           20-20-24-2"Arts"
           20-20-24-3Grants to school corporations
           20-20-24-4Applications for grants
           20-20-24-5Consultation regarding expenditure of funds
           20-20-24-6Rules; adoption; funds

 

IC 20-20-24-1Purpose of chapter

     Sec. 1. The purpose of this chapter is to:

(1) encourage local schools to develop comprehensive plans to improve arts in education;

(2) coordinate available resources in support of arts programs in order to provide arts experiences for all students;

(3) provide assistance to local agencies in the development and implementation of comprehensive programs to improve instruction in the elementary and secondary schools;

(4) develop a means by which schools and communities can collaborate in order to strengthen programs;

(5) provide leadership training in the planning, execution, and evaluation of arts education programs;

(6) assist local schools in the development of educational arts education programs; and

(7) assist local schools in the training of educational staff, including specialists in all of the arts and general classroom teachers.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-24-2"Arts"

     Sec. 2. As used in this chapter, "arts" includes the following:

(1) Music.

(2) Dance.

(3) Drama.

(4) Visual arts.

(5) Creative writing.

(6) Film making.

(7) Arts related to the presentation, performance, execution, and exhibition of arts listed in subdivisions (1) through (6).

(8) The study and application of arts listed in subdivisions (1) through (7) to the human environment.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-24-3Grants to school corporations

     Sec. 3. The department may award grants to school corporations under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-24-4Applications for grants

     Sec. 4. A school corporation may apply for a grant under this chapter by submitting to the department a plan that includes the following:

(1) Identification of the instructional needs of students and teachers in the arts.

(2) A program through which funds received under this chapter as well as under local, state, or federal programs will serve the purposes of this chapter.

(3) A program for coordinating the efforts of local agencies, organizations, and institutions in order to make their efforts more effective.

(4) Identification of the area in which the funds received will be used, including one (1) of the following:

(A) Comprehensive arts education programs.

(B) Technical assistance leadership training.

(C) Interagency and organizational programs.

(D) Allotment programs for elementary arts specialists.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-4.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-24-5Consultation regarding expenditure of funds

     Sec. 5. The department may consult with the Indiana arts commission and private arts organizations regarding expenditure of funds received under this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-5.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-24-6Rules; adoption; funds

     Sec. 6. The state board shall adopt rules under IC 4-22-2 stating the criteria upon which grants may be made under this chapter. The department may make grants to school corporations from funds made available for purposes of this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-14-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-25Chapter 25. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-25-1New
20-20-25-2formerly 20-10.1-19-1
20-20-25-3formerly 20-10.1-19-2
20-20-25-4formerly 20-10.1-19-3
20-20-25-5formerly 20-10.1-19-4
20-20-25-6formerly 20-10.1-19-5.]

Repealed by P.L.286-2013, SEC.40.

 

IC 20-20-26Chapter 26. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-26-1formerly 20-10.1-21-1
20-20-26-2formerly 20-10.1-21-2
20-20-26-3formerly 20-10.1-21-6.]

Repealed by P.L.286-2013, SEC.41.

 

IC 20-20-27Chapter 27. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-27-1formerly 20-10.1-23-1
20-20-27-2formerly 20-10.1-23-2
20-20-27-3formerly 20-10.1-23-3
20-20-27-4formerly 20-10.1-23-4.]

Repealed by P.L.286-2013, SEC.42.

 

IC 20-20-28Chapter 28. Early Childhood Programs
           20-20-28-1"Early childhood program"
           20-20-28-2"Latch key program"
           20-20-28-3"Preschool program"
           20-20-28-4Repealed
           20-20-28-5Contracts with nonprofit corporations for early childhood education programs; preschool programs, or latch key programs
           20-20-28-6Guidelines
           20-20-28-7Repealed

 

IC 20-20-28-1"Early childhood program"

     Sec. 1. As used in this chapter, "early childhood program" refers to a voluntary parental education program for parents of children from birth to less than three (3) years of age that provides these parents with information and activities to help the parents better prepare children for school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-1.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-28-2"Latch key program"

     Sec. 2. As used in this chapter, "latch key program" means a voluntary school age child care program for children who attend kindergarten through grade 6 and that at a minimum, operates after the school day and may include periods before school is in session or during periods when school is not in session.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-2.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-28-3"Preschool program"

     Sec. 3. As used in this chapter, "preschool program" refers to a voluntary school readiness program for children who are at least three (3) years of age and not enrolled in at least kindergarten.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-3.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-28-4Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-4.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.233-2015, SEC.41.

 

IC 20-20-28-5Contracts with nonprofit corporations for early childhood education programs; preschool programs, or latch key programs

     Sec. 5. A school corporation may enter into an agreement with a nonprofit corporation to provide early childhood education programs, preschool programs, or latch key programs. However, if a school corporation enters into a contract for a preschool program, the nonprofit corporation:

(1) must operate a federally approved preschool program; and

(2) may not be religiously affiliated.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-5.]

As added by P.L.1-2005, SEC.4. Amended by P.L.233-2015, SEC.42.

 

IC 20-20-28-6Guidelines

     Sec. 6. The department shall develop guidelines necessary to implement this chapter.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-6.]

As added by P.L.1-2005, SEC.4.

 

IC 20-20-28-7Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-10.1-24-7.]

As added by P.L.1-2005, SEC.4. Repealed by P.L.233-2015, SEC.43.

 

IC 20-20-29Chapter 29. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-29-1formerly 20-10.1-26-1
20-20-29-2formerly 20-10.1-26-2
20-20-29-3formerly 20-10.1-26-3
20-20-29-4formerly 20-10.1-26-4
20-20-29-5formerly 20-10.1-26-5
20-20-29-6formerly 20-10.1-26-6
20-20-29-7formerly 20-10.1-26-7
20-20-29-8formerly 20-10.1-26-8
20-20-29-9formerly 20-10.1-26-9.]

Repealed by P.L.286-2013, SEC.43.

 

IC 20-20-30Chapter 30. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-30-1formerly 20-10.1-27-1
20-20-30-2formerly 20-10.1-27-2
20-20-30-3formerly 20-10.1-27-3
20-20-30-4formerly 20-10.1-27-4
20-20-30-5formerly 20-10.1-27-5
20-20-30-6formerly 20-10.1-27-6
20-20-30-7formerly 20-10.1-27-7
20-20-30-8formerly 20-10.1-27-8
20-20-30-9formerly 20-10.1-27-9
20-20-30-10formerly 20-10.1-27-10
20-20-30-11formerly 20-10.1-27-11
20-20-30-12formerly 20-10.1-27-12.]

Repealed by P.L.286-2013, SEC.44.

 

IC 20-20-31Chapter 31. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-31-1formerly 20-1-1-6.5(d)
20-20-31-2formerly 20-1-1-6.5(e)
20-20-31-3formerly 20-1-1-6.5(f)
20-20-31-4formerly 20-1-1-6.5(h)
20-20-31-5formerly 20-1-1-6.5(i)
20-20-31-6formerly 20-1-1-6.5(j)
20-20-31-7formerly 20-1-1-6.5(k)
20-20-31-8formerly 20-1-1-6.5(l)
20-20-31-9formerly 20-1-1-6.5(m)
20-20-31-10formerly 20-1-1-6.5(n)
20-20-31-11formerly 20-1-1-6.5(o)
20-20-31-12formerly 20-1-1-6.5(p)
20-20-31-13formerly 20-1-1-6.5(q)
20-20-31-14formerly 20-1-1-6.5(r)
20-20-31-15formerly 20-1-1-6.5(s).]

Repealed by P.L.233-2015, SEC.44.

 

IC 20-20-32Chapter 32. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-20-32-1formerly 20-1-18.7-2
20-20-32-2formerly 20-1-18.7-3
20-20-32-3formerly 20-1-18.7-4
20-20-32-4formerly 20-1-18.7-5
20-20-32-5formerly 20-1-18.7-6.]

Repealed by P.L.286-2013, SEC.55.

 

IC 20-20-33Chapter 33. Alternative Education Program Grants
           20-20-33-1"Alternative education program"
           20-20-33-2"Full-time equivalent students"
           20-20-33-3"Qualifying school corporation"
           20-20-33-4Eligibility for grant
           20-20-33-5Maximum grant
           20-20-33-6Matching local expenditures
           20-20-33-7Schedule; distributions

 

IC 20-20-33-1"Alternative education program"

     Sec. 1. As used in this chapter, "alternative education program" means an alternative education program (as defined in IC 20-30-8-1).

[Pre-2006 Recodification Citation: 21-3-11-1.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-2"Full-time equivalent students"

     Sec. 2. As used in this chapter, "full-time equivalent students" means the number of students determined under IC 20-30-8-16.

[Pre-2006 Recodification Citation: 21-3-11-3.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-3"Qualifying school corporation"

     Sec. 3. As used in this chapter, "qualifying school corporation" means a school corporation, including a charter school, that has been approved under IC 20-30-8-8 to receive a grant under this chapter.

[Pre-2006 Recodification Citation: 21-3-11-5.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-4Eligibility for grant

     Sec. 4. A qualifying school corporation is eligible to receive a grant from the state for each full-time equivalent student who is enrolled in an alternative education program conducted for the school corporation.

[Pre-2006 Recodification Citation: 21-3-11-6(a) part.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-5Maximum grant

     Sec. 5. The maximum amount that may be granted to a qualifying school corporation in a school year is seven hundred fifty dollars ($750) per full-time equivalent student.

[Pre-2006 Recodification Citation: 21-3-11-6(a) part.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-6Matching local expenditures

     Sec. 6. To receive a grant under this chapter, a school corporation must expend on alternative education programs in the school year a matching amount of at least one-third (1/3) of the amount of the state grant per full-time equivalent student, as determined under the rules adopted by the state board.

[Pre-2006 Recodification Citation: 21-3-11-6(b).]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-33-7Schedule; distributions

     Sec. 7. (a) Except as provided in subsection (b), the department shall distribute a grant under this chapter to a qualifying school corporation not later than March 1. The grant must be for the number of full-time equivalent students enrolled in and attending an alternative education program from January 1 through December 31 of the immediately preceding year and reported to the department under IC 20-30-8-15.

     (b) The department may authorize additional distributions for approved programs if the total amount of the distributions to a school corporation during a school year under this subsection does not exceed a maximum amount of seven hundred fifty dollars ($750) per full-time equivalent student reported under IC 20-30-8-15.

[Pre-2006 Recodification Citation: 21-3-11-8.]

As added by P.L.2-2006, SEC.85.

 

IC 20-20-34Chapter 34. Repealed

[Pre-2006 Recodification Citations:

20-20-34-1formerly 21-2-17-3 part
20-20-34-2formerly 21-2-17-3 part
20-20-34-3formerly 21-2-17-4.]

Repealed by P.L.182-2009(ss), SEC.466.

 

IC 20-20-35Chapter 35. Repealed

     Revisor's Note: This chapter expired 7-1-2014. This chapter was also repealed effective 7-1-2015.

Expired 7-1-2014 by P.L.234-2007, SEC.62. Repealed by P.L.233-2015, SEC.45.

 

IC 20-20-36Chapter 36. Repealed

Repealed by P.L.1-2009, SEC.174.

 

IC 20-20-36.1Chapter 36.1. Expired

Expired 7-1-2009 by P.L.1-2009, SEC.119.

 

IC 20-20-36.2Chapter 36.2. Expired

Expired 1-1-2011 by P.L.182-2009(ss), SEC.309.

 

IC 20-20-37Chapter 37. Dropout Prevention
           20-20-37-1"Fund"
           20-20-37-2"Program"
           20-20-37-3Establishment of fund
           20-20-37-4Fund to provide assistance to school corporations
           20-20-37-5Eligibility for grants
           20-20-37-6Award of grants
           20-20-37-7Annual reports

 

IC 20-20-37-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the dropout prevention program fund established by section 3 of this chapter.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-2"Program"

     Sec. 2. As used in this chapter, "program" refers to a dropout prevention program established by a school corporation.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-3Establishment of fund

     Sec. 3. (a) The dropout prevention program fund is established to provide:

(1) money for the department; and

(2) grants to school corporations or a local nonprofit fiscal agent acting as intermediary on behalf of multiple school corporations;

to establish and operate programs to identify students who are at risk of dropping out of school and to provide appropriate interventions for those students.

     (b) The department shall administer the fund.

     (c) The expenses of administering the fund shall be paid from money in the fund.

     (d) The fund consists of:

(1) gifts, donations, and bequests;

(2) appropriations from the general assembly;

(3) grants, including federal grants and grants from private entities;

(4) income derived from investing the assets of the fund;

(5) funds from any other source; and

(6) a combination of the resources described in subdivisions (1), (2), (3), (4), and (5).

     (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (f) Money in the fund from sources other than state appropriations at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-4Fund to provide assistance to school corporations

     Sec. 4. The department may use money from the fund to provide assistance to school corporations in:

(1) identifying students who are at risk of dropping out of school; and

(2) developing strategies and appropriate interventions to prevent identified students from dropping out of school.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-5Eligibility for grants

     Sec. 5. (a) To be eligible for a grant under this chapter, a school corporation or two (2) or more school corporations under a joint agreement must submit, before the application deadline, a properly completed grant application provided by the department.

     (b) The applying school corporation must include at least the following information in the school corporation's application:

(1) A detailed description of the proposed program.

(2) The extent to which the applying school corporation intends to include appropriate community resources not directly affiliated with the applying school corporation in the program.

(3) The estimated cost of implementing the program.

(4) Documented support for the program by the superintendent of each participating school corporation.

(5) The goals established for increasing the graduation rate and decreasing the dropout rate in each participating school corporation.

(6) Accurate baseline data on the graduation rate and dropout rate for each participating school corporation for the preceding three (3) consecutive years.

(7) Accountability metrics for the program that demonstrate how the program's success is measured. Metrics may include the following:

(A) Attendance and truancy rates of at-risk student populations.

(B) Course credits earned by at-risk students.

(C) The number of students who are on schedule to complete high school within four (4) years.

(8) Any other pertinent information required by the department.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-6Award of grants

     Sec. 6. The department shall approve a program based on at least the following criteria:

(1) The relative need for the establishment of a dropout prevention program as outlined by the applying school corporation.

(2) The overall quality of the applying school corporation's program proposal, including the extent to which the applying school corporation demonstrates a willingness to include as a part of the program appropriate community resources not directly affiliated with the applying school corporation.

(3) The availability of money in the fund.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37-7Annual reports

     Sec. 7. (a) Not later than June 1 of each school year, each participating school corporation shall submit to the department a written report, on forms developed by the department, outlining the activities undertaken as part of the school corporation's program.

     (b) Not later than November 1 of each year, the department shall submit a comprehensive report to the governor and the general assembly on dropout prevention programs, including the department's conclusions on the impact of different types of programs in increasing the graduation rate in a school corporation. A report submitted under this subsection to the general assembly must be in an electronic format under IC 5-14-6.

As added by P.L.65-2009, SEC.1.

 

IC 20-20-37.4Chapter 37.4. Geothermal Conversion Revolving Fund
           20-20-37.4-1"Fund"
           20-20-37.4-2"Geothermal heating and cooling system"
           20-20-37.4-3Establishment and purpose of the fund
           20-20-37.4-4Administration of the fund
           20-20-37.4-5Authority to make geothermal conversion loans
           20-20-37.4-6Requirement for a written procedure
           20-20-37.4-7Loan constraints and conditions
           20-20-37.4-8Loan repayment
           20-20-37.4-8Loan repayment
           20-20-37.4-9Annual report

 

IC 20-20-37.4-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the geothermal conversion revolving fund established by section 3 of this chapter.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-2"Geothermal heating and cooling system"

     Sec. 2. As used in this chapter, "geothermal heating and cooling system" means a heating and cooling system that uses the natural temperature of the earth to generate heating and cooling.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-3Establishment and purpose of the fund

     Sec. 3. The geothermal conversion revolving fund is established for the purpose of making loans to school corporations that:

(1) install a geothermal heating and cooling system in a new facility; or

(2) install a geothermal heating and cooling system that replaces a conventional heating and cooling system.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-4Administration of the fund

     Sec. 4. (a) The fund shall be administered by the Indiana bond bank. The expenses of administering the fund shall be paid from money in the fund.

     (b) The fund consists of the following:

(1) Money appropriated by the general assembly.

(2) The repayment proceeds of loans made to school corporations from the fund.

(3) Any gifts and grants made to the fund or other money required by law to be deposited in the fund.

(4) Any federal grants that are received to capitalize or supplement the fund.

(5) Any earnings on money in the fund.

     (c) The Indiana bond bank shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (d) The fund shall be used by the Indiana bond bank as a revolving fund. Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-5Authority to make geothermal conversion loans

     Sec. 5. Subject to the requirements of this chapter, the Indiana bond bank may loan money from the fund to a school corporation to assist the school corporation in paying for:

(1) the installation of a geothermal heating and cooling system in a new facility; or

(2) the installation of a geothermal heating and cooling system that replaces a conventional heating and cooling system.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-6Requirement for a written procedure

     Sec. 6. (a) The Indiana bond bank shall establish a written procedure for providing loans from the fund to school corporations. The written procedure must include at least the following:

(1) An application procedure.

(2) A procedure to identify projects that may qualify for a loan.

(3) Criteria for establishing the priority of projects for which loans will be made.

(4) Procedures for selecting projects for which loans will be made.

     (b) To apply for a loan from the fund, a school corporation must submit an application that contains at least the following information:

(1) A description of the geothermal heating and cooling system that the school corporation proposes to install.

(2) An estimate of the cost of the geothermal heating and cooling system.

(3) An estimate of the amount by which the cost of installing the geothermal heating and cooling system exceeds the cost of installing a conventional heating and cooling system.

(4) Any other information required by the Indiana bond bank in accordance with the written procedures established under this section.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-7Loan constraints and conditions

     Sec. 7. The following apply to a loan from the fund to a school corporation under this chapter:

(1) The loan may not exceed the difference between:

(A) the cost of installing a geothermal heating and cooling system; minus

(B) the cost of installing a conventional heating and cooling system.

(2) The Indiana bond bank shall determine the interest rate and other terms for the loan.

(3) A school corporation must enter into a loan agreement with the Indiana bond bank before receiving a loan from the fund. The loan agreement is a valid, binding, and enforceable agreement between the school corporation and the Indiana bond bank. The loan agreement must contain the following terms:

(A) A requirement that the loan proceeds be used to pay for:

(i) the installation of a geothermal heating and cooling system in a new facility; or

(ii) the installation of a geothermal heating and cooling system that replaces a conventional heating and cooling system.

(B) The term of the loan, which may not be longer than fifteen (15) years after the date of the loan.

(C) The repayment schedule.

(D) The interest rate of the loan.

(E) Any other terms and provisions that the Indiana bond bank requires.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-8Loan repayment

     Note: This version of section effective until 1-1-2019. See also following version of this section, effective 1-1-2019.

     Sec. 8. A school corporation receiving a loan under this chapter shall repay the loan from:

(1) the school corporation's general fund; or

(2) the school corporation's capital projects fund.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-37.4-8Loan repayment

     Note: This version of section effective 1-1-2019. See also preceding version of this section, effective until 1-1-2019.

     Sec. 8. A school corporation receiving a loan under this chapter shall repay the loan from the school corporation's operations fund.

As added by P.L.99-2009, SEC.2. Amended by P.L.244-2017, SEC.21.

 

IC 20-20-37.4-9Annual report

     Sec. 9. The Indiana bond bank shall annually present a report to the budget committee that describes the projects funded with loans under this chapter.

As added by P.L.99-2009, SEC.2.

 

IC 20-20-38Chapter 38. Career and Technical Education
           20-20-38-1"Career and technical education"
           20-20-38-2"Council"
           20-20-38-3"Employment training"
           20-20-38-4Long range state plan; revision; distribution; contents; data
           20-20-38-5State board responsibilities
           20-20-38-6State board duties
           20-20-38-7State board powers
           20-20-38-8Implementation of programs, systems, and policies
           20-20-38-9Evaluation criteria
           20-20-38-10Biennial report; attrition and persistence rates
           20-20-38-11Legislative budget requests
           20-20-38-12Review and recommendation of budget requests; allocation of federal funds; augmentation and reduction of funding
           20-20-38-13Distribution of state funds
           20-20-38-14Staffing; department assistance
           20-20-38-15Rules

 

IC 20-20-38-1"Career and technical education"

     Sec. 1. As used in this chapter, "career and technical education" means any secondary level vocational, agricultural, occupational, manpower, employment, or technical training or retraining that:

(1) enhances an individual's career potential and further education; and

(2) is accessible to individuals who desire to explore and learn for economic and personal growth leading to employment opportunities.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-38-2"Council"

     Sec. 2. As used in this chapter, "council" refers to the state workforce innovation council established by IC 22-4.1-22-3.

As added by P.L.7-2011, SEC.7. Amended by P.L.69-2015, SEC.4.

 

IC 20-20-38-3"Employment training"

     Sec. 3. As used in this chapter, "employment training" means all programs administered by the following:

(1) The council.

(2) The Indiana jobs training program.

(3) The department.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-38-4Long range state plan; revision; distribution; contents; data

     Sec. 4. (a) The state board shall develop and implement a long range state plan for a comprehensive secondary level career and technical education program in Indiana.

     (b) The plan developed under this section must be updated as changes occur. The state board shall make the plan and any revisions made to the plan available to:

(1) the governor;

(2) the general assembly;

(3) the department of workforce development;

(4) the commission for higher education;

(5) the council;

(6) the board for proprietary education; and

(7) any other appropriate state or federal agency.

A plan or revised plan submitted under this section to the general assembly must be in an electronic format under IC 5-14-6.

     (c) The plan developed under this section must set forth specific goals for secondary level public career and technical education and must include the following:

(1) The preparation of each graduate for both employment and further education.

(2) Accessibility of career and technical education to individuals of all ages who desire to explore and learn for economic and personal growth.

(3) Projected employment opportunities in various career and technical education fields.

(4) A study of the supply of and the demand for a labor force skilled in particular career and technical education areas.

(5) A study of technological and economic change affecting Indiana.

(6) An analysis of the private career and education sector in Indiana.

(7) Recommendations for improvement in the state career and technical education program.

(8) The educational levels expected of career and technical education programs proposed to meet the projected employment needs.

     (d) When making any revisions to the plan, the state board shall consider the workforce needs and training and education needs identified in the occupational demand report prepared by the department of workforce development under IC 22-4.1-4-10.

     (e) The state board shall use data from the department of workforce development to develop and implement a plan or make revisions to a plan under this section.

As added by P.L.7-2011, SEC.7. Amended by P.L.107-2012, SEC.5; P.L.141-2016, SEC.2; P.L.230-2017, SEC.1.

 

IC 20-20-38-5State board responsibilities

     Sec. 5. (a) The state board shall do the following:

(1) Prepare biennially a plan for implementing career and technical education.

(2) Implement, to the best of its ability, the career and technical education plan prepared under subdivision (1).

(3) Investigate the funding of career and technical education on a cost basis.

(4) Establish and monitor the operation of secondary level career and technical education in Indiana in accordance with the comprehensive long range state plan developed under section 4 of this chapter.

(5) In consultation with the Indiana professional licensing agency, adopt rules concerning secondary level career and technical education programs, courses, and classes in the areas of cosmetology, electrology, esthetics, barbering, and manicuring.

(6) To comply with this section and any federal law or regulation:

(A) adopt rules under IC 4-22-2; and

(B) develop policies and administrative procedures.

     (b) The state board shall use data from the department of workforce development to carry out the state board's duties under this section.

As added by P.L.7-2011, SEC.7. Amended by P.L.75-2014, SEC.1; P.L.69-2015, SEC.5; P.L.230-2017, SEC.2.

 

IC 20-20-38-6State board duties

     Sec. 6. (a) The state board shall do the following:

(1) Make recommendations to the general assembly concerning the development, duplication, and accessibility of employment training and career and technical education on a regional and statewide basis.

(2) Consult with any state agency, commission, or organization that supervises or administers programs of career and technical education concerning the coordination of career and technical education, including the following:

(A) The Indiana economic development corporation.

(B) The council.

(C) A private industry council (as defined in 29 U.S.C. 1501 et seq.).

(D) The department of labor.

(E) The commission for higher education.

(F) The department of workforce development.

(G) The board for proprietary education.

(H) The department of veterans' affairs.

(3) Review and make recommendations concerning plans submitted by the commission for higher education and the council. The state board may request the resubmission of plans or parts of plans that:

(A) are not consistent with the long range state plan of the state board;

(B) are incompatible with other plans within the system; or

(C) duplicate existing services.

(4) Report to the general assembly on the state board's conclusions and recommendations concerning interagency cooperation, coordination, and articulation of career and technical education and employment training. A report under this subdivision must be in an electronic format under IC 5-14-6.

(5) Study and develop a plan concerning the transition between secondary level career and technical education and postsecondary level career and technical education.

(6) Enter into agreements with the federal government that may be required as a condition of receiving federal funds under the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.). An agreement entered into under this subdivision is subject to the approval of the budget agency.

     (b) The state board shall use data from the department of workforce development in carrying out the state board's duties under this section.

As added by P.L.7-2011, SEC.7. Amended by P.L.107-2012, SEC.6; P.L.230-2017, SEC.3.

 

IC 20-20-38-7State board powers

     Sec. 7. (a) The state board may do the following:

(1) Make recommendations, including recommendations for policies to encourage involvement of minority groups in the career and technical education system in Indiana, to:

(A) the governor;

(B) the general assembly, in an electronic format under IC 5-14-6; and

(C) the various agencies, commissions, or organizations that administer career and technical education programs concerning all facets of career and technical education programming.

(2) Establish a regional planning and coordination system for career and technical education and employment training that will, either in whole or in part, serve career and technical education and employment training in Indiana.

(3) Appoint advisory committees whenever necessary.

(4) Contract for services necessary to carry out this chapter.

(5) Provide information and advice on career and technical education to a business, an industry, or a labor organization operating a job training program in the private sector.

     (b) The state board shall use data from the department of workforce development in making recommendations, establishing a regional planning and coordination system, or providing information and advice under subsection (a).

As added by P.L.7-2011, SEC.7. Amended by P.L.230-2017, SEC.4.

 

IC 20-20-38-8Implementation of programs, systems, and policies

     Sec. 8. (a) The state board shall adopt statewide systems or policies concerning the following as the systems or policies relate to the implementation of career and technical education programs:

(1) Student records.

(2) Data processing at the secondary level.

(3) An evaluation system that must be conducted by the state board at least annually and that evaluates the following as each relates to the career and technical education programs and courses offered at the secondary level:

(A) Graduation rates.

(B) Student placement rates.

(C) Retention rates.

(D) Enrollment.

(E) Student transfer rates to postsecondary educational institutions.

(F) When applicable, student performance on state licensing examinations or other external certification examinations.

(G) Cost data study.

(4) A system of financial audits to be conducted at least biennially at the secondary level.

     (b) The state board shall use data from the department of workforce development in adopting statewide systems or policies under subsection (a).

As added by P.L.7-2011, SEC.7. Amended by P.L.230-2017, SEC.5.

 

IC 20-20-38-9Evaluation criteria

     Sec. 9. (a) The state board shall establish career and technical education evaluation criteria.

     (b) Using the criteria established under subsection (a), the state board shall evaluate the effectiveness of career and technical education relative to the goals of the long range plan developed under section 4 of this chapter.

     (c) The state board shall use data from the department of workforce development in establishing career and technical education evaluation criteria under subsection (a).

As added by P.L.7-2011, SEC.7. Amended by P.L.230-2017, SEC.6.

 

IC 20-20-38-10Biennial report; attrition and persistence rates

     Sec. 10. (a) The state board shall develop a definition for and report biennially to:

(1) the general assembly; and

(2) the governor;

on attrition and persistence rates by students enrolled in secondary career and technical education. A biennial report under this section to the general assembly must be in an electronic format under IC 5-14-6.

     (b) The state board shall use data from the department of workforce development in developing a definition and a report under subsection (a).

As added by P.L.7-2011, SEC.7. Amended by P.L.230-2017, SEC.7.

 

IC 20-20-38-11Legislative budget requests

     Sec. 11. Upon request of the budget director, the state board shall prepare a legislative budget request for state and federal funds for secondary and postsecondary career and technical education. The budget director shall determine the period to be covered by the budget request. This budget request must be made available to the council before the request's review by the budget committee.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-38-12Review and recommendation of budget requests; allocation of federal funds; augmentation and reduction of funding

     Sec. 12. (a) The state board shall review the legislative budget requests for secondary and postsecondary career and technical education prepared by the state educational institutions.

     (b) After the review under subsection (a) and a review of any recommendations from the council, the state board shall make recommendations to the budget committee concerning the appropriation of state funds and the allocation of federal funds for secondary and postsecondary career and technical education, including federal funds available under the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.). The state board's recommendations concerning appropriations and allocations for secondary and postsecondary career and technical education by secondary schools and state educational institutions must specify:

(1) the minimum funding levels required by 20 U.S.C. 2301 et seq.;

(2) the categories of expenditures and the distribution plan or formula for secondary schools; and

(3) the categories of expenditures for each state educational institution.

     (c) After reviewing the state board's recommendations, and each agency's budget request, the budget committee shall make recommendations to the general assembly for funding to implement secondary and postsecondary career and technical education. The general assembly shall biennially appropriate state funds for secondary and postsecondary career and technical education and allocate federal funds available under 20 U.S.C. 2301 et seq. for secondary and postsecondary career and technical education. At least sixty percent (60%) of the federal funds available under 20 U.S.C. 2301 et seq. must be allocated to secondary level career and technical education to implement the long range state plan developed under section 4 of this chapter.

     (d) The budget agency, with the advice of the state board, and the budget committee, may augment or proportionately reduce an allocation of federal funds made under subsection (c).

     (e) The state board shall use data from the department of workforce development in making a recommendation under this section.

As added by P.L.7-2011, SEC.7. Amended by P.L.230-2017, SEC.8.

 

IC 20-20-38-13Distribution of state funds

     Sec. 13. The state board shall distribute state funds made available for secondary and postsecondary career and technical education that have been appropriated by the general assembly and in accordance with the plan prepared by:

(1) the state board under section 5 of this chapter; and

(2) the council under IC 22-4.1-19-4.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-38-14Staffing; department assistance

     Sec. 14. (a) The state board may employ any staff necessary to perform the duties imposed by this chapter and fix the compensation and terms of that employment, subject to approval by the budget agency.

     (b) The state board may authorize the department, whenever practical or necessary, to assist the state board in carrying out the duties prescribed by this chapter.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-38-15Rules

     Sec. 15. The state board may adopt rules under IC 4-22-2 as necessary to carry out the duties imposed by this chapter.

As added by P.L.7-2011, SEC.7.

 

IC 20-20-39Chapter 39. Operational Efficiency Reviews
           20-20-39-1School corporation operational efficiency program
           20-20-39-2Contract with outside entity allowed
           20-20-39-3Information submitted to department by school corporation

 

IC 20-20-39-1School corporation operational efficiency program

     Sec. 1. Before October 1, 2011, the department shall develop a program to provide training and evaluations for school corporations in operational efficiency.

As added by P.L.90-2011, SEC.7.

 

IC 20-20-39-2Contract with outside entity allowed

     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.

As added by P.L.90-2011, SEC.7.

 

IC 20-20-39-3Information submitted to department by school corporation

     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.

As added by P.L.90-2011, SEC.7.

 

IC 20-20-40Chapter 40. Restraint and Seclusion Commission
           20-20-40-1"Behavioral intervention plan"
           20-20-40-2"Chemical restraint"
           20-20-40-3"Commission"
           20-20-40-4"Mechanical restraint"
           20-20-40-5"Physical restraint"
           20-20-40-6"Positive behavior intervention and support"
           20-20-40-7"School corporation"
           20-20-40-8"School employee"
           20-20-40-9"Seclusion"
           20-20-40-10"Time-out"
           20-20-40-11Establishment of the commission on seclusion and restraint
           20-20-40-12Chairperson; meetings; votes and actions of the commission
           20-20-40-13Duties; rules; notice requirement; training; elements of the restraint and seclusion plan
           20-20-40-13.5Written explanation of discrepancy by school
           20-20-40-13.6Review of incident reports; commission recommendations
           20-20-40-14Adoption of restraint and seclusion plan; submission of plans
           20-20-40-15Immunity
           20-20-40-16Rulemaking

 

IC 20-20-40-1"Behavioral intervention plan"

     Sec. 1. As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-7-2) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the following:

(1) The pattern of behavior that impedes the student's learning or the learning of others.

(2) The purpose or function of the behavior as identified in a functional behavioral assessment.

(3) The positive interventions and supports, and other strategies, to:

(A) address the behavior; and

(B) maximize consistency of implementation across people and settings in which the student is involved.

(4) If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.

The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-2"Chemical restraint"

     Sec. 2. As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-3"Commission"

     Sec. 3. As used in this chapter, "commission" refers to the commission on seclusion and restraint in schools established by section 11 of this chapter.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-4"Mechanical restraint"

     Sec. 4. (a) As used in this chapter, "mechanical restraint" means the use of:

(1) a mechanical device;

(2) a material; or

(3) equipment;

attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.

     (b) The term does not include:

(1) mechanical devices;

(2) a material; or

(3) equipment;

used as prescribed by a doctor.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-5"Physical restraint"

     Sec. 5. (a) As used in this chapter, "physical restraint" means physical contact between a school employee and a student:

(1) in which the student unwillingly participates; and

(2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body.

     (b) The term does not include:

(1) briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation;

(2) physical escort; or

(3) physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one (1) area to another.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-6"Positive behavior intervention and support"

     Sec. 6. As used in this chapter, "positive behavior intervention and support" means a systematic approach that:

(1) uses evidence based practices and data driven decision making to improve school climate and culture; and

(2) includes a range of systematic and individualized strategies to reinforce desired behavior and diminish reoccurrence of problem behavior;

to achieve improved academic and social outcomes and increase learning for all students.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-7"School corporation"

     Sec. 7. As used in this chapter, "school corporation" includes a charter school that is not a virtual charter school.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-8"School employee"

     Sec. 8. As used in this chapter, "school employee" means an individual employed by a school corporation or an accredited nonpublic school.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-9"Seclusion"

     Sec. 9. As used in this chapter, "seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's individualized education program, in which an adult is continuously present in the room with the student.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-10"Time-out"

     Sec. 10. As used in this chapter, "time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-11Establishment of the commission on seclusion and restraint

     Sec. 11. (a) The commission on seclusion and restraint in schools is established.

     (b) The commission has the following ten (10) members:

(1) The designee of the state superintendent, who serves at the pleasure of the state superintendent.

(2) A representative of the Autism Society of Indiana, chosen by the organization, who serves a two (2) year term.

(3) A representative of the Arc of Indiana, chosen by the organization, who serves a two (2) year term.

(4) A representative of the Indiana Council of Administrators of Special Education, chosen by the organization, who serves a two (2) year term.

(5) A representative of Mental Health America of Indiana, chosen by the organization, who serves a two (2) year term.

(6) A parent of a student with a disability, nominated by a member described in subdivisions (1) through (5) and approved by a majority of the members described in subdivisions (1) through (5), who serves a two (2) year term.

(7) A parent of a student who does not have a disability, nominated by a member described in subdivisions (1) through (5) and approved by a majority of the members described in subdivisions (1) through (5), who serves a two (2) year term.

(8) One (1) accredited nonpublic school administrator nominated by the Indiana Non-public Education Association, who serves a two (2) year term.

(9) One (1) public school superintendent nominated by the Indiana Association of Public School Superintendents, who serves a two (2) year term.

(10) One (1) member of the Indiana School Resource Officers Association chosen by the organization, who serves a two (2) year term.

     (c) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member who is not a state employee is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.122-2013, SEC.1. Amended by P.L.227-2017, SEC.1.

 

IC 20-20-40-12Chairperson; meetings; votes and actions of the commission

     Sec. 12. (a) The designee of the state superintendent under section 11(b)(1) of this chapter serves as chairperson of the commission.

     (b) The commission shall meet at least annually on the call of the chairperson, and may meet as often as is necessary. The chairperson shall provide not less than fourteen (14) days notice of a meeting to the members of the commission and to the public.

     (c) The affirmative votes of at least five (5) members of the commission are necessary for the commission to take action. The votes of the commission must be recorded.

     (d) All commission meetings shall be open to the public, and each meeting must include opportunities for public comment.

     (e) The department shall provide staff support for the commission.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-13Duties; rules; notice requirement; training; elements of the restraint and seclusion plan

     Sec. 13. (a) The commission has the following duties:

(1) To adopt rules concerning the following:

(A) The use of restraint and seclusion in a school corporation or an accredited nonpublic school, with an emphasis on eliminating or minimizing the use of restraint and seclusion.

(B) The prevention of the use of types of restraint or seclusion that may harm a student, a school employee, a school volunteer, or the educational environment of the school.

(C) Requirements for notifying parents.

(D) Training regarding the use of restraint and seclusion, including the frequency of training and what employees must be trained.

(E) The distribution of the seclusion and restraint policy to parents and the public.

(F) Requirements for the reporting of incidents of restraint and

seclusion in the annual school performance report, including incidents of restraint and seclusion involving school resource officers (as defined in IC 20-26-18.2-1).

(G) Circumstances that may require more timely incident reporting and the requirements for such reporting.

(2) To develop, maintain, and revise a model restraint and seclusion plan for schools that includes the following elements:

(A) A statement on how students will be treated with dignity and respect and how appropriate student behavior will be promoted and taught.

(B) A statement ensuring that the school will use prevention, positive behavior intervention and support, and conflict deescalation to eliminate or minimize the need for use of any of the following:

(i) Seclusion.

(ii) Chemical restraint.

(iii) Mechanical restraint.

(iv) Physical restraint.

(C) A statement ensuring that any behavioral intervention used will be consistent with the student's most current behavioral intervention plan, or individualized education program, if applicable.

(D) Definitions for restraint and seclusion, as defined in this chapter.

(E) A statement ensuring that if a procedure listed in clause (B) is used, the procedure will be used:

(i) as a last resort safety procedure, employed only after another, less restrictive procedure has been implemented without success; and

(ii) in a situation in which there is an imminent risk of injury to the student, other students, school employees, or visitors to the school.

(F) An indication that restraint or seclusion may be used only for a short time period, or until the imminent risk of injury has passed.

(G) A documentation and recording requirement governing instances in which procedures listed in clause (B) are used, including:

(i) how every incident will be documented and debriefed;

(ii) how responsibilities will be assigned to designated employees for evaluation and oversight; and

(iii) designation of a school employee to be the keeper of such documents.

(H) A requirement that the student's parent must be notified as soon as possible when an incident involving the student occurs that includes use of procedures listed in clause (B).

(I) A requirement that a copy of an incident report must be sent to the student's parent after the student is subject to a procedure listed in clause (B).

(J) Required recurrent training for appropriate school employees on the appropriate use of effective alternatives to physical restraint and seclusion, including the use of positive behavioral intervention and support and conflict deescalation. The training must include the safe use of physical restraint and seclusion in incidents involving imminent danger or serious harm to the student, school employees, or others. Consideration must be given to available school resources and the time commitments of school employees.

(3) To accept and review reports from the public and make nonbinding recommendations to the department of any suggested action to be taken.

     (b) The model policy developed by the commission must take into consideration that implementation and reporting requirements for accredited nonpublic schools may vary, and the model plan must provide accredited nonpublic schools flexibility with regards to accountability under and implementation of the plan adopted by an accredited nonpublic school under section 14 of this chapter.

As added by P.L.122-2013, SEC.1. Amended by P.L.227-2017, SEC.2.

 

IC 20-20-40-13.5Written explanation of discrepancy by school

     Sec. 13.5. If the department has been advised of a discrepancy in a report under section 13(a)(3) of this chapter, the department shall require the school to provide a written explanation of the discrepancy to the department which must comply with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

As added by P.L.227-2017, SEC.3.

 

IC 20-20-40-13.6Review of incident reports; commission recommendations

     Sec. 13.6. (a) The department shall review incident reports under rules established by the commission under IC 4-22-2 and submit summary findings to the commission in compliance with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

     (b) The commission shall review summary findings submitted by the department under subsection (a) and may make nonbinding recommendations to the department or other entities.

     (c) If the department receives a recommendation from the commission under subsection (b), the department shall provide the commission a response with regard to the commission's recommendation in a manner prescribed by the department within a reasonable time after the department receives the recommendation from the commission.

As added by P.L.227-2017, SEC.4.

 

IC 20-20-40-14Adoption of restraint and seclusion plan; submission of plans

     Sec. 14. (a) A school corporation or accredited nonpublic school shall adopt a restraint and seclusion plan that incorporates, at a minimum, the elements of the model plan developed under section 13 of this chapter. The school corporation's or accredited nonpublic school's plan must become effective not later than July 1, 2014.

     (b) The department has the authority to require schools to submit plans developed in accordance with section 13 of this chapter.

As added by P.L.122-2013, SEC.1. Amended by P.L.227-2017, SEC.5.

 

IC 20-20-40-15Immunity

     Sec. 15. (a) Nothing in this chapter may be construed to prevent a school employee from stopping a physical altercation, acting to prevent physical harm to a student or another individual, or acting to address an emergency until the emergency is over, whether or not the school employee has received training under this chapter.

     (b) This chapter may not be construed to give rise to a cause of action, either civil or criminal, against the state, the department, a school corporation, an accredited nonpublic school, the commission, or a member of the commission.

     (c) In all matters relating to the plan adopted under section 14 of this chapter, school corporation or accredited nonpublic school personnel have qualified immunity with respect to an action taken to promote student conduct under a plan adopted under section 14 of this chapter if the action is taken in good faith and is reasonable.

As added by P.L.122-2013, SEC.1.

 

IC 20-20-40-16Rulemaking

     Sec. 16. (a) The commission:

(1) shall adopt rules under IC 4-22-2; and

(2) may adopt emergency rules in the manner provided under IC 4-22-2-37.1;

to carry out the purposes of this chapter.

     (b) An emergency rule adopted under subsection (a)(2) expires on the earlier of:

(1) November 15, 2018; or

(2) the effective date of a rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 that supersedes the emergency rule.

As added by P.L.122-2013, SEC.1. Amended by P.L.227-2017, SEC.6.

 

IC 20-20-41Chapter 41. Dual Language Pilot Program
           20-20-41-1Pilot program established; grant limits
           20-20-41-2Eligibility for grants
           20-20-41-3Application for grants
           20-20-41-4Pilot program fund
           20-20-41-5Rules

 

IC 20-20-41-1Pilot program established; grant limits

     Sec. 1. The department, with the approval of the state board, shall establish and maintain a dual language immersion pilot program to provide grants, in an amount not to exceed fifty thousand dollars ($50,000), to school corporations and charter schools that establish dual language immersion programs in:

(1) Chinese;

(2) Spanish;

(3) French; or

(4) any other language approved by the department.

As added by P.L.226-2015, SEC.1. Amended by P.L.251-2017, SEC.3.

 

IC 20-20-41-2Eligibility for grants

     Sec. 2. A school corporation or charter school may be eligible to receive a grant under this chapter if:

(1) the school corporation or charter school uses an instructional model that provides at least fifty percent (50%) of its instruction in English and fifty percent (50%) of its instruction in a language described in section 1 of this chapter;

(2) the program that uses an instructional model described in subdivision (1) begins either in kindergarten or in grade 1; and

(3) the program described in subdivision (2) meets any other requirements established by the department, with the approval of the state board.

As added by P.L.226-2015, SEC.1.

 

IC 20-20-41-3Application for grants

     Sec. 3. A school corporation or charter school desiring to receive a grant under this chapter shall apply to the department for a grant in the manner and on a form prescribed by the department.

As added by P.L.226-2015, SEC.1.

 

IC 20-20-41-4Pilot program fund

     Sec. 4. (a) The dual language immersion pilot program fund is established to be used to provide grants under this chapter.

     (b) The fund consists of:

(1) appropriations made by the general assembly; and

(2) gifts and donations to the fund.

     (c) The fund shall be administered by the department.

     (d) The expenses of administering the fund shall be paid from money in the fund.

     (e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (f) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

As added by P.L.226-2015, SEC.1.

 

IC 20-20-41-5Rules

     Sec. 5. The state board may establish rules necessary to administer this chapter.

As added by P.L.226-2015, SEC.1.

 

IC 20-20-42Chapter 42. Indiana Out of School Time Learning Advisory Board
           20-20-42-1"Board"
           20-20-42-2"Out of school time"
           20-20-42-3"Out of school time program"
           20-20-42-4Board established; members; meetings; recommendations; reports; expiration
           20-20-42-5State board; rules

 

IC 20-20-42-1"Board"

     Sec. 1. As used in this chapter, "board" refers to the out of school time learning advisory board established by section 4 of this chapter.

As added by P.L.136-2016, SEC.1. Amended by P.L.85-2017, SEC.75.

 

IC 20-20-42-2"Out of school time"

     Sec. 2. As used in this chapter, "out of school time" refers to any time school is not in session, including before school, after school, breaks, and vacations.

As added by P.L.136-2016, SEC.1.

 

IC 20-20-42-3"Out of school time program"

     Sec. 3. As used in this chapter, "out of school time program" means a structured program that offers enrichment and academic activities primarily for students in kindergarten through grade 12 in a school or community based setting.

As added by P.L.136-2016, SEC.1.

 

IC 20-20-42-4Board established; members; meetings; recommendations; reports; expiration

     Sec. 4. (a) The out of school time learning advisory board is established to recommend to the department and the general assembly procedures, policies, funding levels, and eligibility criteria for out of school time programs.

     (b) The board is composed of at least the following members:

(1) The state superintendent or the state superintendent's designee, who serves as chairperson of the board.

(2) The secretary of the family and social services administration or the secretary's designee.

(3) The commissioner of the department of workforce development or the commissioner's designee.

(4) The commissioner of the commission for higher education or the commissioner's designee.

(5) A direct services provider appointed by the secretary of the family and social services administration.

(6) The following individuals appointed by the state superintendent:

(A) A direct services provider.

(B) A superintendent who is nominated by a statewide association of public school superintendents.

(C) A principal who is nominated by a statewide association of school principals.

(D) A governing body member who is nominated by a statewide association of school boards.

(E) A teacher who is nominated by the largest statewide teachers' association.

(F) A teacher who is nominated by the second largest statewide teachers' association.

(G) A member of a statewide afterschool program network who is nominated by the network.

(H) A member of a statewide parents' organization who is nominated by the organization.

Additional members may be appointed by the state superintendent or the secretary of the family and social services administration. In addition, the board may consult with other individuals who are not members of the board.

     (c) The board shall meet at least two (2) times each year. The chairperson may call additional meetings.

     (d) The department shall provide staff for the board.

     (e) In making recommendations to the department and the general assembly, the board shall consider at least the following:

(1) Existing data and research concerning best practices for out of school time programs.

(2) Current and proposed future access to, quality of, and affordability of out of school time programs.

(3) Collaboration between agencies and coordination of existing resources.

(4) The need for out of school time programs to address college and career readiness and academic standards.

(5) Existing statutory and regulatory provisions and the possibility of recommending amendments to statutes and rules.

     (f) The board shall make an initial report to the general assembly and the legislative council not later than November 1, 2016. The report must be in an electronic format under IC 5-14-6.

     (g) This section expires June 30, 2019.

As added by P.L.136-2016, SEC.1. Amended by P.L.85-2017, SEC.76.

 

IC 20-20-42-5State board; rules

     Sec. 5. The state board shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.136-2016, SEC.1.

 

IC 20-20-42.2Chapter 42.2. Career Pathways and Mentorship Program
           20-20-42.2-1"Career pathway teacher"
           20-20-42.2-2"Program"
           20-20-42.2-3"Qualified teacher"
           20-20-42.2-4Program established; differentiated pay
           20-20-42.2-5Application to participate in program; plan components; inclusion of mentoring program; requirements
           20-20-42.2-6Mentoring program; agreement with postsecondary educational institution
           20-20-42.2-7Measurements of program success
           20-20-42.2-8Reports
           20-20-42.2-9Rules

 

IC 20-20-42.2-1"Career pathway teacher"

     Sec. 1. As used in this chapter, "career pathway teacher" means a qualified teacher participating in a school corporation's program.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-2"Program"

     Sec. 2. As used in this chapter, "program" refers to the career pathways and mentorship program established by section 4 of this chapter.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-3"Qualified teacher"

     Sec. 3. As used in this chapter, "qualified teacher" refers to a teacher who:

(1) is rated as effective or highly effective in the teacher's most recent annual performance evaluation in a plan established under IC 20-28-11.5-4; and

(2) works in the classroom providing instruction and who is not instructional support personnel.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-4Program established; differentiated pay

     Sec. 4. (a) The career pathways and mentorship program is established. The program is established to provide for, in addition to base salary and other applicable supplements, differentiated pay for qualified teachers based on a qualified teacher's demonstrated effectiveness and additional responsibilities in advanced roles. Differentiated pay made in accordance with a program approved by the state board under this chapter may not be collectively bargained. However, a discussion of the plan used as a basis for the program must be held under IC 20-29-6-7.

     (b) The state board, in consultation with, and with assistance as necessary from, the department, shall administer the program.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-5Application to participate in program; plan components; inclusion of mentoring program; requirements

     Sec. 5. (a) A governing body may apply to the state board to participate in the program by submitting to the state board in a manner prescribed by the state board a proposed plan approved by the governing body that is developed by two (2) or more teachers and:

(1) a principal;

(2) a superintendent or the superintendent's designee; or

(3) any combination of individuals described in either subdivision (1) or (2);

who are currently employed by the school corporation.

     (b) The proposed plan must focus on the leadership capacity and commitment of the school corporation to develop career pathways and mentoring. In considering whether to approve a plan submitted, the state board, in consultation with, and with assistance as necessary from, the department, shall consider the following:

(1) Whether the plan increases salaries of career pathway teachers.

(2) Whether the plan improves overall teacher job development, leadership, or leadership design.

(3) Whether the plan improves the quality of classroom instruction.

(4) Whether the governing body's compensation plan works in conjunction with the plan's proposed program to improve the quality of classroom instruction.

(5) Whether the plan increases the attractiveness of teaching.

(6) Whether the plan offers structured induction and mentorship for newer teachers.

(7) Whether the plan encourages the recognition, effectiveness, and retention of high quality teachers, particularly in using high quality teachers in roles that maximize a high quality teacher's instructional influence and expertise with:

(A) mentored teachers;

(B) a team of teachers; or

(C) students.

(8) Whether the plan is financially sustainable.

     (c) A career pathways plan submitted under subsection (a) must enable qualified teachers to progress within their careers and become career pathway teachers by doing any of the following:

(1) Being assigned additional duties that include accountability for student growth across a team of teachers.

(2) Being assigned additional duties in developing curricula and instructional training across a team of teachers.

(3) Being assigned additional duties that include accountability as the teacher of record for more students.

(4) Being assigned additional duties in mentoring newer teachers.

     (d) A career pathways plan submitted under subsection (a) must ensure that a career pathway teacher is afforded protected time for teaching.

     (e) If a governing body includes a mentoring program in its proposed plan, the plan must focus on establishing a structured induction and mentorship program for newer teachers. If a structured induction and mentorship program is established under this chapter, a mentored teacher may not be paid less than a teacher with the same years of experience in accordance with the school corporation's salary schedule. Except as otherwise provided in this chapter, a mentored teacher has the same rights under IC 20-28 and IC 20-29 as a teacher who does not participate in a program established under this chapter.

     (f) A plan approved under this chapter must comply with requirements established in IC 20-20-42.3-5.

As added by P.L.106-2016, SEC.1. Amended by P.L.155-2017, SEC.1.

 

IC 20-20-42.2-6Mentoring program; agreement with postsecondary educational institution

     Sec. 6. If a school corporation establishes a structured induction and mentorship program under this chapter, the school corporation may enter into an agreement with a postsecondary educational institution to authorize the postsecondary educational institution to collaborate in the consideration and approval of a mentor to a newer teacher who attended the postsecondary educational institution.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-7Measurements of program success

     Sec. 7. A plan submitted under section 5 of this chapter must include a means for the school corporation and the state board, in consultation with, and with assistance as necessary from, the department, to measure the success of a program. The plan must include measures that demonstrate the program's improvement with regard to:

(1) student growth;

(2) teacher retention;

(3) time management; and

(4) leadership or mentorship program design.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-8Reports

     Sec. 8. The state board, in consultation with, and with assistance as necessary from, the department, may require periodic reports from a school corporation to monitor the success of a program using the measures included in a plan under section 5 of this chapter.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.2-9Rules

     Sec. 9. The state board shall adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.106-2016, SEC.1.

 

IC 20-20-42.3Chapter 42.3. Indiana New Educator Induction Pilot Program
           20-20-42.3-1"Fund"
           20-20-42.3-2"New teacher"
           20-20-42.3-3"Program"
           20-20-42.3-4Indiana new educator induction pilot program established; establish cap on number of plans approved
           20-20-42.3-5Application to participate in program; proposed plan requirements; award grants; adoption of standards; receipt of micro-credential; evaluation
           20-20-42.3-6Agreement with postsecondary educational institution
           20-20-42.3-7Report to governor and general assembly
           20-20-42.3-8Expiration of chapter

 

IC 20-20-42.3-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the system for teacher and student advancement grant fund established under IC 20-20-43-3.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-2"New teacher"

     Sec. 2. As used in this chapter, "new teacher" refers to a teacher with an initial practitioner license under IC 20-28-5-12.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-3"Program"

     Sec. 3. As used in this chapter, "program" refers to the Indiana new educator induction pilot program established by section 4 of this chapter.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-4Indiana new educator induction pilot program established; establish cap on number of plans approved

     Sec. 4. The Indiana new educator induction pilot program is established to provide grants from the fund to school corporations to implement a plan selected by the department and approved by the state board under section 5 of this chapter. The state board shall establish a cap on the number of plans the state board will approve under this chapter.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-5Application to participate in program; proposed plan requirements; award grants; adoption of standards; receipt of micro-credential; evaluation

     Sec. 5. (a) A governing body of a school corporation may apply to the department to participate in the program by submitting to the department in a manner prescribed by the department a proposed plan approved by the governing body that is developed by two (2) or more teachers and:

(1) a principal;

(2) a superintendent; or

(3) any combination of individuals described in subdivisions (1) and (2);

who are currently employed by the school corporation.

     (b) A proposed plan must require:

(1) teachers, principals, and administrators who are assigned staff mentors to receive induction support during their first two (2) years in the profession;

(2) a rigorous staff mentor selection process, which includes an annual application window for educators who apply to be staff mentors;

(3) foundational training and ongoing professional development for staff mentors;

(4) criteria for how and when staff mentors are assigned to new teachers, which must include input from the staff mentors;

(5) manageable workload for new teachers and staff mentors;

(6) time for staff mentors, including dedicated time for collaboration between the staff mentor and the new teacher;

(7) regular observation of new teachers by staff mentors followed by instructional feedback and opportunities for new teachers to observe experienced teachers provide classroom instruction;

(8) a mechanism to encourage new teachers to participate in a learning community or peer network; and

(9) an evaluation model for staff mentors.

     (c) The department shall:

(1) prescribe the manner in which a school corporation may apply to participate in the program under this chapter; and

(2) award grants under this chapter in a manner determined by the state board.

The department, with the approval of the state board, shall select participating school corporations after reviewing plans submitted under subsection (a).

     (d) The state board may adopt standards for teaching and learning conditions for participating school corporations and conduct regular assessments of the implementation of the standards and learning conditions in the participating school corporations.

     (e) Upon completion of an induction program provided by a participating school corporation under this chapter, a new teacher shall receive a practitioner license that includes a micro-credential of having completed an induction program selected under this chapter. A micro-credential awarded under this chapter may be used as a factor in a staff evaluation plan developed by a participating school corporation under IC 20-28-11.5-4.

     (f) Upon being selected as a staff mentor, the mentor shall receive a micro-credential on the mentor's practitioner license. An education related micro-credential may be used as a factor in a staff evaluation plan developed by a participating school corporation under IC 20-28-11.5-4.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-6Agreement with postsecondary educational institution

     Sec. 6. A school corporation may enter into an agreement with a postsecondary educational institution to authorize the postsecondary educational institution to collaborate in the consideration and approval of a staff mentor to a new teacher who attended the postsecondary educational institution.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-7Report to governor and general assembly

     Sec. 7. Not later than July 1, 2018, and each July thereafter, the department shall submit a report to the governor and, in an electronic format under IC 5-14-6, to the general assembly. The report must:

(1) provide a detailed status summary of the program;

(2) include a description of the plans selected; and

(3) make any legislative recommendations.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-42.3-8Expiration of chapter

     Sec. 8. This chapter expires July 1, 2027.

As added by P.L.155-2017, SEC.2.

 

IC 20-20-43Chapter 43. System for Teacher and Student Advancement Grant Fund and Program
           20-20-43-1"Fund"
           20-20-43-2"Program"
           20-20-43-3Fund established; administration of fund
           20-20-43-4Grants from fund

 

IC 20-20-43-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the system for teacher and student advancement grant fund established by section 3 of this chapter.

As added by P.L.106-2016, SEC.2.

 

IC 20-20-43-2"Program"

     Sec. 2. As used in this chapter, "program" refers to a teacher performance model program described in section 4 of this chapter.

As added by P.L.106-2016, SEC.2.

 

IC 20-20-43-3Fund established; administration of fund

     Sec. 3. (a) The system for teacher and student advancement grant fund is established for the purpose of providing grants to school corporations to implement programs described in section 4 of this chapter.

     (b) The fund consists of the following:

(1) Appropriations made by the general assembly.

(2) Gifts, grants, devises, or bequests made to the commission for higher education to achieve the purposes of the fund.

     (c) The state board, in consultation with the department, shall administer the fund.

     (d) The expenses of administering the fund shall be paid from money in the fund.

     (e) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund.

     (f) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.106-2016, SEC.2.

 

IC 20-20-43-4Grants from fund

     Sec. 4. (a) After June 30, 2017, a school corporation may receive a grant to implement the following:

(1) The System for Teacher and Student Advancement (TAP) teacher performance model program or a teacher performance model program that includes the implementation of all the following elements:

(A) Multiple career paths for teachers that include additional responsibilities, leadership opportunities, and compensation.

(B) Ongoing applied professional growth opportunities for teachers tied to feedback from the teacher evaluation process and student achievement data.

(C) Instruction focused accountability through an evaluation system based on multiple measures, including evidence of student learning growth.

(D) Performance based compensation for teachers and school leaders based on multiple measures.

(2) A plan selected under the Indiana new educator induction pilot program established by IC 20-20-42.3-4.

(3) The Indiana education residency pilot program established in IC 20-20-44.

     (b) To receive a grant, a school corporation shall apply for the grant in a manner prescribed by the state board in consultation with the department. The state board shall establish eligibility requirements. The amount of the grant may not exceed the costs incurred by the school corporation to implement the program. A school corporation may receive a matching grant from a corporation, foundation, or any other entity in addition to a grant awarded under this chapter.

As added by P.L.106-2016, SEC.2. Amended by P.L.155-2017, SEC.3.

 

IC 20-20-44Chapter 44. Indiana Education Residency Pilot Program
           20-20-44-1"Fund"
           20-20-44-2"New teacher"
           20-20-44-3"Prospective teacher"
           20-20-44-4"Education residency pilot program"
           20-20-44-5Implementation of Indiana education residency pilot program; application
           20-20-44-6Expiration of chapter

 

IC 20-20-44-1"Fund"

     Sec. 1. As used in this chapter, "fund" refers to the system for teacher and student advancement grant fund established under IC 20-20-43-3.

As added by P.L.155-2017, SEC.4.

 

IC 20-20-44-2"New teacher"

     Sec. 2. As used in this chapter, "new teacher" has the meaning set forth in IC 20-20-42.3-2.

As added by P.L.155-2017, SEC.4.

 

IC 20-20-44-3"Prospective teacher"

     Sec. 3. As used in this chapter, "prospective teacher" refers to a student pursuing a degree or certification to become a new teacher.

As added by P.L.155-2017, SEC.4.

 

IC 20-20-44-4"Education residency pilot program"

     Sec. 4. As used in this chapter, "education residency pilot program" means a program that provides prospective teachers, for at least one (1) academic year:

(1) significant teaching experience working alongside a highly effective or effective teacher of record; and

(2) instruction and mentoring of the prospective teacher by school corporation personnel or faculty of the teacher preparation program in the content area in which the prospective teacher will become certified or licensed.

As added by P.L.155-2017, SEC.4.

 

IC 20-20-44-5Implementation of Indiana education residency pilot program; application

     Sec. 5. (a) Not later than July 1, 2018, the department shall implement the Indiana education residency pilot program. The education residency pilot program shall allow a school corporation to apply to the state board, in a manner prescribed by the state board, to use a portion of the fund, or any other funds available, to implement the education residency pilot program. The state board may establish a cap on the number of applications the state board may approve under this chapter.

     (b) The education residency pilot program must provide prospective teachers with effective teaching skills, as demonstrated through completion of the education residency pilot program or other indicators as determined by the department.

As added by P.L.155-2017, SEC.4.

 

IC 20-20-44-6Expiration of chapter

     Sec. 6. This chapter expires July 1, 2027.

As added by P.L.155-2017, SEC.4.

 

IC 20-21ARTICLE 21. INDIANA SCHOOL FOR THE BLIND AND VISUALLY IMPAIRED
           Ch. 1.Definitions
           Ch. 2.Indiana School for the Blind and Visually Impaired
           Ch. 3.Indiana School for the Blind and Visually Impaired Board
           Ch. 4.Personnel System

 

IC 20-21-1Chapter 1. Definitions
           20-21-1-1Applicability of definitions
           20-21-1-2"Board"
           20-21-1-3"Case conference"
           20-21-1-4"Employee"
           20-21-1-4.5"Executive"
           20-21-1-5"School"
           20-21-1-6"School age individual"
           20-21-1-7Repealed

 

IC 20-21-1-1Applicability of definitions

     Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-1.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-1-2"Board"

     Sec. 2. "Board" refers to the Indiana School for the Blind and Visually Impaired board established by IC 20-21-3-1.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-2.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.49.

 

IC 20-21-1-3"Case conference"

     Sec. 3. "Case conference" refers to the actions taken by a case conference committee composed of public agency personnel, parents, the student, if appropriate, and others at the discretion of the public agency or the parent to do any of the following:

(1) Determine a student's eligibility for special education and related services.

(2) Develop, review, or revise a student's individualized education program.

(3) Determine an appropriate educational placement for the student.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-3.]

As added by P.L.1-2005, SEC.5. Amended by P.L.233-2015, SEC.46.

 

IC 20-21-1-4"Employee"

     Sec. 4. "Employee" refers to an employee of the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-4.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-1-4.5"Executive"

     Sec. 4.5. "Executive" refers to the chief executive officer of the school appointed under IC 20-21-2-4.

As added by P.L.218-2005, SEC.50.

 

IC 20-21-1-5"School"

     Sec. 5. "School" refers to the Indiana School for the Blind and Visually Impaired established by IC 20-21-2-1.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-5.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.51.

 

IC 20-21-1-6"School age individual"

     Sec. 6. "School age individual" refers to an individual who is less than twenty-two (22) years of age.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-6.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-1-7Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-1-7.]

As added by P.L.1-2005, SEC.5. Repealed by P.L.218-2005, SEC.83.

 

IC 20-21-2Chapter 2. Indiana School for the Blind and Visually Impaired
           20-21-2-1Establishment; services provided
           20-21-2-2Purpose
           20-21-2-3Educational facilities, educational programs, and training
           20-21-2-4Executive; appointment and qualifications
           20-21-2-5Executive; responsibilities
           20-21-2-6Students admitted to school
           20-21-2-7Placement review committee
           20-21-2-8Expenses of certain students to be paid by county
           20-21-2-9Applicability of compulsory school attendance laws
           20-21-2-10Provision of medical care, basic necessities, and transportation to students
           20-21-2-11Adult education program
           20-21-2-12Vocational work-study program
           20-21-2-13Receipt of gifts, legacies, devises, and conveyances

 

IC 20-21-2-1Establishment; services provided

     Sec. 1. The Indiana School for the Blind and Visually Impaired is established as a state educational resource center that includes the following:

(1) A residential and day school.

(2) Outreach services.

(3) Consultative services to local educational agencies to assist the agencies in meeting the needs of locally enrolled students with visual disabilities.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-1.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.52.

 

IC 20-21-2-2Purpose

     Sec. 2. The school shall provide for the instruction, education, and care of children who are determined to have a serious visual disability by case conference in accordance with Indiana law and federal law.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-2.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-2-3Educational facilities, educational programs, and training

     Sec. 3. The school shall provide the following:

(1) Educational facilities that meet standards established by the state board for regular public schools.

(2) Educational facilities for school age individuals.

(3) Educational programs and services to meet those special needs imposed by visual impairment so that a student with a visual disability (including a student with multiple disabilities with visual impairment) may achieve the student's maximum ability for independence in academic pursuits, career opportunities, travel, personal care, and home management.

(4) Training to permit a student with a visual disability (including a student with multiple disabilities with visual impairment) to achieve the student's maximum development toward self-support and independence by the provision of services in counseling, orientation and mobility, and other related services.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-3.]

As added by P.L.1-2005, SEC.5. Amended by P.L.99-2007, SEC.162.

 

IC 20-21-2-4Executive; appointment and qualifications

     Sec. 4. (a) The board shall appoint the chief executive officer, subject to the approval of the governor. The executive serves at the pleasure of the board.

     (b) The executive appointee must have the following qualifications:

(1) Be an educator with knowledge, skill, and ability in the appointee's profession.

(2) Have at least five (5) years experience in instruction of students with visual impairment disabilities.

(3) Have a master's degree or a higher degree.

(4) Meet the qualifications for an Indiana teacher's certificate in the area of visual impairment disabilities.

(5) Have at least five (5) years experience supervising other individuals.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-4.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.53; P.L.100-2012, SEC.51.

 

IC 20-21-2-5Executive; responsibilities

     Sec. 5. (a) The executive, subject to the approval of the board and IC 20-21-4, has complete responsibility for management of the school.

     (b) The executive has responsibility for the following:

(1) Direction of the education, care, safety, and well-being of all students in attendance.

(2) Evaluation and improvement of the school staff, educational programs, and support services.

(3) Implementation and administration of the policies, mission, and goals of the school as established by the board.

(4) Serving as the purchasing agent for the school under IC 5-22-4-8.

(5) Implementation of budgetary matters as recommended by the board and the department of education under IC 20-21-3-10(b).

(6) Management of the school's outreach program with local public schools.

(7) Advocating on behalf of the school under guidelines established by the board.

(8) Executing contracts on behalf of the school.

     (c) The executive is the appointing authority for all employees necessary to properly conduct and operate the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-5.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.54.

 

IC 20-21-2-6Students admitted to school

     Sec. 6. Subject to:

(1) the determination by case conference committees based on individualized education programs; and

(2) the school's admissions criteria adopted by the board under IC 20-21-3-10(a)(4);

the executive shall receive as students in the school Indiana residents who are school age individuals with a visual disability.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-6.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.55; P.L.99-2007, SEC.163.

 

IC 20-21-2-7Placement review committee

     Sec. 7. (a) A placement review committee for the school is established. The placement review committee consists of one (1) representative of each of the following:

(1) The board.

(2) The office of the secretary of family and social services.

(3) The state superintendent.

     (b) The placement review committee shall meet upon petition of an interested party to review the following:

(1) Applications to the school denied through the process described in section 6 of this chapter.

(2) All instances of dismissal from the school for reasons other than graduation, voluntary transition to another educational facility, or voluntary departure from the school.

     (c) The executive shall serve as an adviser to the placement review committee. The executive shall provide the placement review committee with information and justification for all application denials and dismissals under review.

     (d) The placement review committee may recommend that application denials or dismissals be reconsidered.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-7.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.56.

 

IC 20-21-2-8Expenses of certain students to be paid by county

     Sec. 8. Upon the presentation of satisfactory evidence showing that:

(1) there is a school age individual with a visual disability residing in a county;

(2) the individual is entitled to the facilities of the school;

(3) the individual's parent wishes the individual to participate in the school's educational program but is unable to pay the expenses of maintaining the individual at the school; and

(4) the individual is entitled to placement in the school under section 6 of this chapter;

a court with jurisdiction shall, upon application by the county office of the division of family resources, order the individual to be sent to the school at the expense of the county. The expenses include the expenses described in section 10 of this chapter and shall be paid from the county general fund.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-8.]

As added by P.L.1-2005, SEC.5. Amended by P.L.146-2008, SEC.457; P.L.44-2009, SEC.33.

 

IC 20-21-2-9Applicability of compulsory school attendance laws

     Sec. 9. The compulsory school attendance laws of Indiana apply to all children with visual disabilities. The case conference committee may place a child with a visual disability at the school. The child shall attend the school during the full scholastic term of the school unless the case conference committee changes the placement.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-9.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-2-10Provision of medical care, basic necessities, and transportation to students

     Sec. 10. (a) The school shall provide board, room, laundry, and ordinary medical attention, including emergency medical attention.

     (b) While a student is enrolled at the school, the student's parent, guardian, or responsible relative or another person shall provide medical, optical, and dental care involving special medication or prostheses.

     (c) While a student is enrolled at the school, the student's parent, guardian, or another responsible relative or person shall suitably provide the student with clothing and other essentials not otherwise provided under this article.

     (d) The school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program under IC 20-35-8-2. However, the student's parent, guardian, or another responsible relative or person shall pay the cost of transportation not required by the student's individualized education program.

     (e) The student's parent, guardian, or another responsible relative or person shall provide the incidental expense money needed by the student.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-10.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-2-11Adult education program

     Sec. 11. (a) The school may establish an adult education program.

     (b) The school may establish an appropriate fee for services for an adult education program. Federal grants or matching funds may also be used, subject to approval of the budget agency.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-11.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-2-12Vocational work-study program

     Sec. 12. The school may establish a vocational work-study program.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-12.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-2-13Receipt of gifts, legacies, devises, and conveyances

     Sec. 13. The executive may, subject to the approval of the governor and the policies of the board, receive, for the use of the school, gifts, legacies, devises, and conveyances of real or personal property that are made, given, or granted to or for the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-2-13.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.57.

 

IC 20-21-3Chapter 3. Indiana School for the Blind and Visually Impaired Board
           20-21-3-1Establishment
           20-21-3-2Members
           20-21-3-3Compensation and expenses
           20-21-3-4Terms of members
           20-21-3-5Vacancies
           20-21-3-6Chair of board
           20-21-3-7Quorum
           20-21-3-8Staff and administrative support
           20-21-3-9Administrative control and responsibility
           20-21-3-10Duties; submission of budget
           20-21-3-11Powers

 

IC 20-21-3-1Establishment

     Sec. 1. The Indiana School for the Blind and Visually Impaired board is established.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-1.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.58.

 

IC 20-21-3-2Members

     Sec. 2. (a) The board consists of the following members:

(1) Seven (7) individuals appointed by the governor. The individuals appointed under this subdivision are voting members of the board.

(2) The director of the division of special education of the department. The individual serving under this subdivision serves in a nonvoting, advisory capacity.

(3) One (1) individual designated by the governor as the governor's representative on the board. The member appointed under this subdivision serves on the board in a nonvoting, advisory capacity.

(4) One (1) member of the general assembly appointed by the president pro tempore of the senate. The member appointed under this subdivision serves in a nonvoting, advisory capacity.

     (b) When appointing a member to the board under subsection (a)(1), the governor must satisfy the following:

(1) One (1) voting member of the board must be a parent of at least one (1) student enrolled or formerly enrolled at the school.

(2) One (1) voting member of the board must have been a student at the school.

(3) One (1) voting member of the board must be a:

(A) representative of a local education agency; or

(B) special education director.

     (c) Before assuming membership on the board, an individual appointed under subsection (a)(1) must do the following:

(1) Execute a bond:

(A) payable:

(i) to the state; and

(ii) in an amount and with sureties as approved by the governor; and

(B) that is conditioned on the faithful discharge of the member's duties.

(2) Take and subscribe an oath that must be endorsed upon the member's official bond.

The executed bond and oath shall be filed in the office of the secretary of state. The cost of the bond shall be paid from appropriations made to the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-2.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-3Compensation and expenses

     Sec. 3. (a) Each voting board member who is not an employee of the state or a political subdivision is entitled to the following:

(1) The minimum salary per diem provided by IC 4-10-11-2.1 for each board meeting attended by the member.

(2) Reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

Money for payments to board members under this subsection shall be paid from appropriations made to the school.

     (b) The member of the board appointed under section 2(a)(4) of this chapter is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-3.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-4Terms of members

     Sec. 4. (a) This section applies only to a board member serving under section 2(a)(1) of this chapter.

     (b) The term of a board member is four (4) years.

     (c) The term of a member begins upon appointment by the governor.

     (d) A member may serve after the member's term expires until the term of the member's successor begins.

     (e) The governor may reappoint a member to serve a new term.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-4.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-5Vacancies

     Sec. 5. Whenever there is a vacancy on the board, the governor shall fill the vacancy for the remainder of the unexpired term.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-5.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-6Chair of board

     Sec. 6. (a) At the board's last meeting before July 1 of each year, the board shall elect one (1) member to be chair of the board.

     (b) The member elected chair of the board serves as chair beginning July 1 after elected by the board.

     (c) The board may reelect a member as chair of the board.

     (d) The board shall annually elect one (1) of its members to serve as the secretary for the board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-6.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-7Quorum

     Sec. 7. Four (4) voting members of the board constitute a quorum. The affirmative vote of at least four (4) voting members of the board is necessary for the board to take official action other than to do the following:

(1) Adjourn.

(2) Meet to hear reports or testimony.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-7.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-8Staff and administrative support

     Sec. 8. The school shall provide staff and administrative support to the board.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-8.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-9Administrative control and responsibility

     Sec. 9. Subject to IC 20-35-2 and IC 20-21-4, the board has complete policy and administrative control and responsibility for the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-9.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-3-10Duties; submission of budget

     Sec. 10. (a) The board shall do the following:

(1) Establish policies and accountability measures for the school.

(2) Implement this article.

(3) Perform the duties required by IC 5-22-4-8.

(4) Adopt rules under IC 4-22-2 to establish criteria for the admission of children with a visual disability, including children with multiple disabilities, at the school.

(5) Hire the executive, who serves at the pleasure of the board.

(6) Determine the salary and benefits of the executive.

(7) Adopt rules under IC 4-22-2 required by this article.

     (b) The board shall submit the school's biennial budget to the department, which shall review the proposed budget. As part of its review, the department may request and shall receive from the board, in a form as may reasonably be required by the department, all information used by the board to develop the proposed budget. If, upon review, the department determines that any part of the budget request is not supported by the information provided, the department shall meet with the board at the earliest date possible in order to reconcile the budget request. The department shall submit the reconciled budget to the budget agency and the budget committee.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-10.]

As added by P.L.1-2005, SEC.5. Amended by P.L.218-2005, SEC.59; P.L.99-2007, SEC.164.

 

IC 20-21-3-11Powers

     Sec. 11. The board may do the following to implement this article:

(1) Adopt, amend, and repeal bylaws in compliance with this article to govern the business of the board.

(2) Appoint committees the board considers necessary to advise the board.

(3) Accept gifts, devises, bequests, grants, loans, and appropriations, and agree to and comply with conditions attached to a gift, devise, bequest, grant, loan, or appropriation.

(4) Do all acts and things necessary, proper, or convenient to carry out this article.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-3-11.]

As added by P.L.1-2005, SEC.5.

 

IC 20-21-4Chapter 4. Personnel System
           20-21-4-1Applicability of state civil service system law
           20-21-4-2Hiring personnel
           20-21-4-3Repealed
           20-21-4-4Employee wage payment arrangements

 

IC 20-21-4-1Applicability of state civil service system law

     Sec. 1. Except as provided in this chapter, IC 4-15-2.2 applies to the employees of the school.

[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-15-4-1.]

As added by P.L.1-2005, SEC.5. Amended by P.L.6-2012, SEC.125.

 

IC 20-21-4-2Hiring personnel

     Sec. 2. The executive shall hire directly for those positions as approved by the state personnel department and the board any candidate the executive considers qualified to fill a position at the school. The state personnel department, in collaboration with the board, shall annually develop a list of job classifications for positions at the school for which the executive may fill a vacancy by hiring a candidate for the position based on a search for qualified candidates outside the state personnel hiring list.