Docstoc

SELECTED ENACTMENTS FROM 2006 GENERAL ASSEMBLY

Document Sample
SELECTED ENACTMENTS FROM 2006 GENERAL ASSEMBLY Powered By Docstoc
					Indiana Association of School Principals and Center for Interactive Learning and
                                 Collaboration

                         Dave Emmert Legal Series: 2009-2010
                                Session 1 (9-18-09)

      RECENT LEGISLATION IMPACTING ADMINISTRATORS

                   DAVID EMMERT, GENERAL COUNSEL
                 INDIANA SCHOOL BOARDS ASSOCIATION
                  demmert@isba-ind.org 317-639-0330, x. 107


  List of Education Acts Passed by the 2009 Indiana General Assembly
                         [Not all Acts will be covered in this review.]


                                  SENATE ENROLLED ACTS

Public Law #    Bill #                         Subject Matter
P.L. 101-2009   SEA 16           Learner's permits and graduated licenses
P.L. 31-2009    SEA 27           David Ford educational technology fund
P.L. 12-2009    SEA 57           Sign language interpreters in schools
P.L. 125-2009   SEA 181          Child seduction
P.L. 161-2009   SEA 219          Immunization registry and immunizations
P.L. 39-2009    SEA 228          End of route inspection by bus drivers
P.L. 41-2009    SEA 263          Public school compensation payment schedules
P.L. 45-2009    SEA 356          Military family leave
P.L. 132-2009   SEA 440          Indoor air quality
P.L. 48-2009    SEA 465          Department of labor administrative matters
P.L. 165-2009   SEA 536          PERF/TRF annuity savings accounts

                                HOUSE ENROLLED ACTS
Public Law #     Bill #                Subject Matter

P.L. 166-2009   HEA 1014         Age discrimination
P.L. 70-2009    HEA 1021         Disregarding school bus stop sign
P.L. 168-2009   HEA 1097        Air and water quality for schools
P.L. 21-2009    HEA 1107        Compact for education for military children

                                                1
P.L. 138-2009 HEA 1123      School zone and signs
P.L. 4-2009   HEA 1193      E85 fueling station grant program
P.L. 82-2009 HEA 1200       Physical examinations of bus drivers
P.L. 141-2009 HEA 1230      Publication of notices

P.L. 173-2009 HEA 1289      Coordination of Programs for Vulnerable
                            Individuals and High Ability Students
P.L. 145-2009 HEA 1323      Various motor vehicle matters
P.L. 146-2009 HEA 1339      Motor vehicle child restraint systems; special purpose buses
P.L. 65-2009 HEA 1343       School dropout prevention
P.L. 175-2009 HEA 1379      Unemployment compensation and labor issues
P.L. 9-2009   HEA 1389      Twenty-first century scholars
P.L. 148-2009 HEA 1398      Ethanol incentives
P.L. 66-2009 HEA 1419       Student discipline
P.L. 121-2009 HEA 1462      Education issues [Qualified immunity; expanded criminal history
                            checks; sex crime reports to IDOE; student removal from class]

P.L. 10-2009 HEA 1479       Recruitment of educators from underrepresented
                            populations
P.L. 113-2009 HEA 1498      PERF and TRF death benefit
P.L. 176-2009 HEA 1514      Accounting for public funds
P.L. 115-2009 HEA 1546      PERF cost of living adjustment
P.L. 67-2009 HEA 1547       Divestment of public pension investments
P.L. 154-2009 HEA 1581      Financial responsibility curriculum
P.L. 99-2009 HEA 1669       Geothermal conversion loans

P.L. 182-2009 HEA 1001 SS   State budget, and host of other concepts including controlled
                            building projects, virtual charter schools, requirements for drivers
                            of special purpose buses, date change for nonrenewing
                            nonpermanent teachers, use of test results in teacher
                            evaluations, and a study committee on school funding




                                            2
      SELECTED EDUCATION ENACTMENTS FROM THE 2009
                   GENERAL ASSEMBLY
[Note: Language in bold print within a “SECTION” number of an Act is supplied by the General Assembly
and represents new language. Enlarged language is added by Emmert for emphasis.]

                                              SENATE

P.L. 125-2009 SEA 181           Child seduction
 AN ACT to amend the Indiana Code concerning criminal law and procedure.

SECTION 7. IC 35-42-4-7, AS AMENDED BY P.L.1-2005, SECTION 228, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 7. (a) As used in this section, "adoptive
parent" has the meaning set forth in IC 31-9-2-6. (b) As used in this section, "adoptive grandparent"
means the parent of an adoptive parent.
   (c) As used in this section, "charter school" has the meaning set forth in IC 20-18-2-2.5.
  (c) (d) As used in this section, "child care worker" means a person who:
     (1) provides care, supervision, or instruction to a child within the scope of the person's
employment in a shelter care facility; or
     (2) is employed by a:
        (A) school corporation; or
         (B) charter school;
        (B) (C) nonpublic school; or
        (D) special education cooperative;
     attended by a child who is the victim of a crime under this chapter; or
    (3) is:
       (A) affiliated with a:
           (i) school corporation;
           (ii) charter school;
           (iii) nonpublic school; or
           (iv) special education cooperative;
       attended by a child who is the victim of a crime under this chapter,
regardless of how or whether the person is compensated;
       (B) in a position of trust in relation to a child who attends the school or
cooperative;
       (C) engaged in the provision of care or supervision to a child who attends
the school or cooperative; and
       (D) at least four (4) years older than the child who is the victim of a crime
under this chapter.
The term does not include a student who attends the school or cooperative.
  (d) (e) As used in this section, "custodian" means any person who resides with a child and is

                                                   3
responsible for the child's welfare.
    (f) As used in this section, "military recruiter" means a member of the armed forces of the
United States (as defined in IC 20-33-10-2) or the Indiana National Guard whose primary job
function, classification, or specialty is recruiting individuals to enlist with the armed forces of the
United States or the Indiana National Guard.
   (e) (g) As used in this section, "nonpublic school" has the meaning set forth in IC 20-18-2-12. (f)
(h) As used in this section, "school corporation" has the meaning set forth in IC 20-18-2-16.
    (i) As used in this section, "special education cooperative" has the meaning set forth in IC 20-
35-5-1.
   (g) (j) As used in this section, "stepparent" means an individual who is married to a child's custodial
or noncustodial parent and is not the child's adoptive parent.
   (h) (k) If a person who: is:
      (1) is at least eighteen (18) years of age; and
      (2) is:
         (A) the:
            (A) (i) guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of; or
            (B) (ii) child care worker for; or
         (B) a military recruiter who is attempting to enlist;
      a child at least sixteen (16) years of age but less than eighteen (18) years of age;
engages with the child in sexual intercourse, deviate sexual conduct (as defined in IC 35-41-1-9), or
any fondling or touching with the intent to arouse or satisfy the sexual desires of either the child or the
adult, the person commits child seduction, a Class D felony.

P.L. 161-2009 SEA 219            Immunization registry and immunizations
 AN ACT to amend the Indiana Code concerning health.

SECTION 1. IC 16-38-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Sec. 2. (a) A provider, a physician's designee, or a pharmacist's designee may provide immunization
data to the immunization data registry in a manner prescribed by the state department and for the
purposes allowed under this chapter unless:
      (1) the patient; or
      (2) the patient's parent or guardian, if the patient is less than eighteen (18) years of age;
has completed and filed with the provider, physician's designee, or pharmacist's designee a written
immunization data exemption form.
   (b) The state department shall create and provide copies of immunization data exemption forms to:
      (1) providers who are:
         (A) licensed under IC 25; and
         (B) authorized within the provider's scope of practice to administer immunizations; and
      (2) individuals;
who request the form.
   (c) The state department shall distribute to providers, upon request, written information to be
disseminated to patients that describes the immunization data registry. The written information must
include the following:
      (1) That the provider may report immunization data to the immunization data registry.
      (2) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18)
years of age, has a right to exempt disclosure of immunization data to the registry and may prevent
disclosure by signing an immunization data exemption form.

                                                     4
     (3) That the patient or the patient's parent or guardian, if the patient is less than eighteen (18)
years of age, may have the individual's information removed from the immunization data registry.
     (4) Instructions on how to have the information removed.

SECTION 2. IC 16-38-5-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
Sec. 3. (a) Records maintained as part of the immunization data registry are confidential.
   (b) The state department may release an individual's confidential information to the individual or to
the individual's parent or guardian if the individual is less than eighteen (18) years of age.
   (c) Subject to subsection (d), the state department may release information in the immunization data
registry concerning an individual to the following entities:
      (1) The immunization data registry of another state.
      (2) A provider or a provider's designee.
      (3) A local health department.
      (4) An elementary or secondary school that is attended by the individual.
      (5) A child care center that is licensed under IC 12-17.2-4 in which the individual is enrolled.
      (6) The office of Medicaid policy and planning or a contractor of the office of Medicaid policy
and planning.
       (7) A child placing agency licensed under IC 31-27.
      (8) A college or university (as defined in IC 21-7-13-10) that is attended by the individual.
   (d) Before immunization data may be released to an entity, the entity must enter into an agreement
with the state department that provides that information that identifies a patient will not be released to
any other person without the written consent of the patient.
   (e) The state department may release summary statistics regarding information in the immunization
data registry if the summary statistics do not reveal the identity of an individual.
    (f) The state department shall convene a panel to discuss expanding access to the
immunization data registry. The panel must include at least one (1) representative of an
insurance organization and at least one (1) member of a health maintenance organization. The
state department shall submit the recommendations of the panel to the legislative council by
October 1, 2009, in an electronic format under IC 5-14-6.

SECTION 3. IC 20-34-3-12, AS ADDED BY P.L.1-2005, SECTION 18, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) For purposes of this section, "modified
clinical technique" means a battery of vision tests that includes:
      (1) a visual acuity test to determine an individual's ability to see at various distances;
      (2) a refractive error test to determine the focusing power of the eye;
      (3) an ocular health test to determine any external or internal abnormalities of the eye; and
      (4) a binocular coordination test to determine if the eyes are working together properly.
   (b) The governing body of each school corporation shall conduct:
      (1) an annual vision test, using the modified clinical technique, of each student upon the student's
enrollment in either kindergarten or grade 1; and
      (2) an annual screening test of the visual acuity of each student enrolled in or transferred to grade
3 and grade 8 and of all other students suspected of having a visual defect.
   (c) Records of all tests shall be made and continuously maintained by the school corporation to
provide information useful in protecting, promoting, and maintaining the health of students. The state
department of health and the state board shall adopt joint rules concerning vision testing equipment,
qualifications of vision testing personnel, visual screening procedures, and criteria for failure and
referral in the screening tests based on accepted medical practice and standards.
    (d) The school corporation's governing body and the superintendent shall receive the
following information concerning the tests conducted under this section:
                                                      5
     (1) The number of students tested.
     (2) The number of students who passed a test.
     (3) The number of students who failed a test or were referred for further testing.
  (e) Each school corporation shall annually provide to the department, for each school within
the school corporation, the following information concerning the tests conducted under this
section:
     (1) Whether the tests were conducted at the school.
     (2) If the tests were not conducted at the school, the reason for not performing the tests.
     (3) If the tests were conducted at the school, the number of students tested.
  (f) Not later than October 1, 2010, the department shall report the information received from
school corporations under subsection (e) to the legislative council in electronic format under
IC 5-14-6.

SECTION 4. IC 20-34-3-13, AS ADDED BY P.L.1-2005, SECTION 18, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) If a school corporation is unable to comply
with section 12(b)(1) of this chapter, the governing body may, before November 1 of a school year,
request from the state superintendent a waiver of the requirements of section 12(b)(1) of this chapter.
   (b) The waiver request under subsection (a) must:
      (1) be in writing;
      (2) include the reason or reasons that necessitated the waiver request; and
      (3) indicate the extent to which the governing body attempted to comply with the requirements
under section 12(b)(1) of this chapter.
   (c) The state superintendent shall take action on the waiver request not later than thirty (30) days
after receiving the waiver request.
   (d) The state superintendent may:
      (1) approve the waiver request;
      (2) deny the waiver request; or
      (3) provide whatever relief that may be available to enable the school corporation to comply with
the requirements under section 12(b)(1)of this chapter.
   (e) If the state superintendent approves the waiver request, the governing body shall conduct an
annual screening test of the visual acuity of each student upon the student's enrollment in or transfer to
grade 1.
    (f) The governing body of each school corporation shall make and maintain records of all
waivers requested by the governing body under this section.
   (g) The state superintendent shall make and continuously maintain records of all actions taken
by the state superintendent concerning all waivers requested under this section.
SECTION 5. IC 20-34-4-2, AS ADDED BY P.L.1-2005, SECTION 18, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. (a) Every child residing in Indiana shall be
immunized against:
      (1) diphtheria;
      (2) pertussis (whooping cough);
      (3) tetanus;
      (4) measles;
      (5) rubella;
      (6) poliomyelitis; and
      (7) mumps.
   (b) Every child residing in Indiana who enters kindergarten or grade 1 shall be immunized against
hepatitis B and chicken pox.
    (c) The state department of health shall adopt rules under IC 4-22-2 to require school age
                                                    6
children to receive additional immunizations against the following:
      (1) Meningitis.
      (2) Varicella.
      (3) Pertussis (whooping cough).
The additional immunizations required under the rules shall include an immunization booster if
considered appropriate by the state department.
   (c) (d) The state department of health may expand or otherwise modify the list of communicable
diseases that require documentation of immunity as medical information becomes available that would
warrant the expansion or modification in the interest of public health.
   (d) (e) The state department of health shall adopt rules under IC 4-22-2 specifying the:
      (1) required immunizations;
      (2) child's age for administering each vaccine;
      (3) adequately immunizing doses; and
      (4) method of documentation of proof of immunity.

P.L. 39-2009 SEA 228 End of trip inspection by bus drivers
AN ACT to amend the Indiana Code concerning motor vehicles.

SECTION 1. IC 9-21-12-11, AS AMENDED BY P.L.107-2006, SECTION 3, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) A person who violates section 5, 6,
or 7, or 19 of this chapter commits a Class C infraction.
   (b) A person who knowingly or intentionally violates section 12, 13, 14, 15, 16, or 17 of this chapter
commits a Class C misdemeanor.
   (c) A person described in section 18(b), 18(c), or 18(d) of this chapter commits a Class B infraction.

SECTION 2. IC 9-21-12-19 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) A person who operates a school
bus or a special purpose bus shall visually inspect each seat within the interior of the school bus
or special purpose bus at the end of a trip during which students or passengers are transported
to determine that no student or passenger has remained on the school bus or special purpose bus.
   (b) The visual inspection required under subsection (a) must be conducted:
      (1) at the conclusion of each trip during which students or passengers are transported; and
      (2) before the operator exits the school bus or special purpose bus.
   (c) A student or passenger is considered to have been left on a school bus or special purpose
bus if:
      (1) the operator has reached the end of a trip during which students or passengers are
transported and exited the school bus or special purpose bus; and
      (2) the student or passenger remains inside the school bus or special purpose bus.
   (d) A school bus or special purpose bus owner shall report all instances of a student or
passenger being left on the school bus or special purpose bus to the superintendent or the
superintendent's designee immediately after the incident occurred.
    (e) The superintendent or the superintendent's designee shall report all instances of a
student or passenger being left on the school bus or special purpose bus to the
department of education not later than five (5) working days after the incident occurred.
[Note: In subsection (d), above, only the “owner” of a school bus or special purpose bus is required to
report that a child was left on the bus at the “end of a trip.” The rationale for this is unknown, and it
                                                    7
may have been a legislative mistake to limit the reporting requirement to only those who are
independent contractor owners of these buses, especially when subsections (a), (b), and (c) reference
the “operator” of these buses. However, mistake or not, the requirement in the plain language of the
statute is that only an “owner” is required by law to report a person being left on the bus. Therefore,
school boards, or superintendents, or principals need to put in writing to “school employee” operators
that they are required to report any person having been left on the bus.
    Secondly, the term “end of a trip” in subsection (c) most logically means every time that the bus has
reached a destination and the students and passengers depart. Hence, every round trip will have two
destinations and the operator will have to perform the check twice.]

P.L. 41-2009 SEA 263 Public school compensation payment schedules
AN ACT to amend the Indiana Code concerning education.

SECTION 6. IC 20-26-5-32.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 32.2. (a) Notwithstanding IC 22-2-5-1, a
school corporation and:
      (1) an employee if there is no representative described under subdivision (2) or (3) for that
employee;
      (2) the exclusive representative of its certificated employees with respect to those employees;
or
      (3) a labor organization representing its noncertificated employees with respect to those
employees;
may agree in writing to a wage payment arrangement.
   (b) A wage payment arrangement under subsection (a) may provide that compensation earned
during a school year may be paid:
      (1) using equal installments or any other method; and
      (2) over:
         (A) all or part of that school year; or
         (B) any other period that begins not earlier than the first day of that school year and ends
not later than thirteen (13) months after the wage payment arrangement period begins.
Such an arrangement may provide that compensation earned in a calendar year is paid in the
next calendar year, so long as all the compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
   (c) A wage payment arrangement under subsection (a) must be structured in such a manner so
that it is not considered:
      (1) a nonqualified deferred compensation plan for purposes of Section 409A of the Internal
Revenue Code; or
      (2) deferred compensation for purposes of Section 457(f) of the Internal Revenue Code.
   (d) Absent an agreement under subsection (a), a school corporation remains subject to IC 22-
2-5-1.
   (e) Wage payments required under a wage payment arrangement entered into under
subsection (a) are enforceable under IC 22-2-5-2.
   (f) If an employee leaves employment for any reason, either permanently or temporarily, the
amount due the employee under IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned
and unpaid.
   (g) Employment with a school corporation may not be conditioned upon the acceptance of a
wage payment arrangement under subsection (a).

                                                    8
   (h) An employee may revoke a wage payment arrangement under subsection (a)
at the beginning of each school year.

P.L. 45-2009 SEA 356 Military family leave
AN ACT to amend the Indiana Code concerning labor and safety.

SECTION 1. IC 22-2-13-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.5. As used in this chapter, "child"
means a biological child, adopted child, foster child, or stepchild.

SECTION 2. IC 22-2-13-5, AS ADDED BY P.L.151-2007, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5. As used in this chapter, "grandparent" means a
biological grandparent, an adoptive grandparent, a foster grandparent, or a stepgrandparent.

SECTION 3. IC 22-2-13-9, AS ADDED BY P.L.151-2007, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. As used in this chapter, "parent" means:
    (1) a biological father or mother;
    (2) an adoptive father or mother; or
    (3) a court appointed guardian or custodian;
    (4) a foster parent; or
    (5) a stepparent.

SECTION 4. IC 22-2-13-10, AS ADDED BY P.L.151-2007, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. As used in this chapter, "sibling" means:
     (1) a biological brother or sister; by blood, half-blood, or adoption.
     (2) an adoptive brother or sister;
    (3) a foster brother or sister; or
    (4) a stepbrother or stepsister.

SECTION 5. IC 22-2-13-11, AS ADDED BY P.L.151-2007, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) An employee who:
      (1) has been employed by an employer for at least twelve (12) months;
      (2) has worked at least one thousand five hundred (1,500) hours during the twelve (12) month
period immediately preceding the day the leave begins; and
      (3) is the spouse, parent, grandparent, child, or sibling of a person who is ordered to active duty;
is entitled to an unpaid leave of absence as provided in subsection (b).
   (b) An employee may take a leave of absence during one (1) or more of the following periods:
      (1) During the thirty (30) days before active duty orders are in effect.
      (2) During a period in which the person ordered to active duty is on leave while active duty orders
are in effect.
      (3) During the thirty (30) days after the active duty orders are terminated.
   (c) The leave of absence allowed each calendar year under subsection (a) may not exceed a total of
ten (10) working days.
   (d) An eligible employee may elect, or an employer may require the employee, to substitute any
earned paid vacation leave, personal leave, or other paid leave, except for paid medical or sick leave,
available to the employee for leave provided under this chapter for any part of the ten (10) day period
of such leave.

                                                    9
P.L. 132-2009 SEA 440 Indoor air quality

SECTION 2. IC 16-41-37.5-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2.5. (a) Before July 1, 2010, the state
department shall distribute a manual of best practices for managing indoor air quality at schools
as described in this section. The state department may use a manual on indoor air quality in
schools developed by a federal health or environmental agency or another state and make
additions or revisions to the manual, with the input and advice of the air quality panel
established by section 3 of this chapter, to make the manual most useful to Indiana schools. The
state department shall provide the manual:
     (1) to:
        (A) the legislative council; and
        (B) the department of education; in an electronic format under IC 5-14-6; and
     (2) to the facilities manager and superintendent of each school corporation.
   (b) The department shall review and revise the manual developed under subsection (a) at least
once every three (3) years to assure that the manual continues to represent best practices
available to schools.



                                              HOUSE
P.L. 70-2009 HEA 1021              Disregarding school bus stop sign

AN ACT to amend the Indiana Code concerning motor vehicles.

SECTION 3. IC 9-21-8-52, AS AMENDED BY P.L.1-2005, SECTION 103, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 52. (a) A person who operates a vehicle
and who recklessly:
      (1) drives at such an unreasonably high rate of speed or at such an unreasonably low rate of speed
under the circumstances as to:
         (A) endanger the safety or the property of others; or
         (B) block the proper flow of traffic;
      (2) passes another vehicle from the rear while on a slope or on a curve where vision is obstructed
for a distance of less than five hundred (500) feet ahead;
      (3) drives in and out of a line of traffic, except as otherwise permitted; or
      (4) speeds up or refuses to give one-half (1/2) of the roadway to a driver overtaking and desiring
to pass; or
      (5) passes a school bus stopped on a roadway when the arm signal device specified in IC 9-21-12-
13 is in the device's extended position;
commits a Class B misdemeanor.
    (b) A person who operates a vehicle and who recklessly passes a school bus stopped on a
roadway when the arm signal device specified in IC 9-21-12-13 is in the device's extended
position commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if it
causes bodily injury to a person.
   (b) (c) If an offense under subsection (a) or (b) results in damage to the property of another person
or bodily injury to another person, the court shall recommend the suspension of the current driving
license of the person for a fixed period of:

                                                   10
    (1) not less than thirty (30) days; and
    (2) not more than one (1) year.

P.L. 21-2009 HEA 1107              Compact for education for military children
AN ACT to amend the Indiana Code concerning education.

SECTION 1. IC 20-38-3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
    Chapter 3. Interstate Compact on Educational Opportunity for Military Children
   Sec. 1. ARTICLE I. PURPOSE
   It is the purpose of this compact to remove barriers to educational success imposed on
children of military families due to frequent moves and deployment of their parents by doing the
following:
      A. Facilitating the timely enrollment of children of military families and ensuring that they
are not placed at a disadvantage due to difficulty in the transfer of educational records from the
school corporations the children previously attended or variations in admissions requirements.
      B. Facilitating the student placement process to ensure that children of military families are
not placed at a disadvantage due to variations in attendance requirements, scheduling,
sequencing, grading, course content, or assessment.
      C. Facilitating the qualifications and eligibility for enrollment and participation in
educational programs and extracurricular academic, athletic, and social activities.
      D. Facilitating the timely graduation of children of military families.
      E. Providing for the adoption and enforcement of rules to implement this chapter.
      F. Providing for the uniform collection and sharing of information among member states,
schools, and military families.
      G. Promoting coordination among this compact and other compacts affecting children of
military families.
      H. Promoting flexibility and cooperation among the educational system, students, and
families to achieve educational success for the students.
   Sec. 2. ARTICLE II. DEFINITIONS
   As used in this compact, unless the context clearly requires a different construction:
      A. "Active duty" means full-time duty status in the armed forces of the United States or the
National Guard and Reserve on active duty orders under 10 U.S.C. 1209 and 10 U.S.C 1211.
      B. "Children of military families" means school aged children who are enrolled in
kindergarten through grade 12 and are members of the household of an active duty member.
      C. "Compact commissioner" means the voting representative of each member state
appointed under section 9 of this chapter.
      D. "Deployment" means the period beginning one (1) month before a service member
departs from the member's home station on military orders and ending six (6) months after the
service member returns to the member's home station.
      E. "Educational records" means the official records, files, and data that are directly related
to a student and maintained by a school or local education agency. The term includes general
identifying data, records of attendance and academic work completed, records of achievement
and results of evaluative tests, health data, disciplinary status, test protocols, and individualized
education programs.
      F. "Extracurricular activities" means voluntary activities sponsored by a school, a local
education agency, or an organization approved by a local education agency. The term includes

                                                  11
preparation for and involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
     G. "Interstate commission" refers to the interstate commission on Educational Opportunity
for Military Children created by Article IX of this compact.
     H. "Local education agency" means a public administrative agency authorized by the state
to control and direct kindergarten through grade 12 public educational institutions.
     I. "Member state" means a state that has enacted this compact.
     J. "Military installation" means a base, a camp, a post, a station, a yard, a center, a
homeport facility for a ship, or any other activity under the jurisdiction of the United States
Department of Defense. The term includes a leased facility located within the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, the Northern Marianas Islands, or any other United States territory.
The term does not include a facility used primarily for civil works, rivers and harbors projects,
or flood control projects.
     K. "Nonmember state" means a state that has not enacted this compact.
     L. "Receiving state" means the state to which a child of a military family is sent, brought, or
caused to be sent or brought.
     M. "Rule" means a written statement by the interstate commission adopted under Article
XII of this compact that is of general applicability, that implements, interprets, or prescribes a
policy of provision of the interstate compact, and that has the force and effect of statutory law on
a member state. The term includes the amendment, repeal, or suspension of an existing rule.
     N. "Sending state" means the state from which a child of a military family is sent, brought,
or caused to be sent or brought.
     O. "State" means a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern
Marianas Islands, or any other United States territory.
     P. "Student" means a child of a military family for whom a local education agency receives
public funding and who is formally enrolled in kindergarten through grade 12.
     Q. "Transition" means the formal and physical process of transferring a student between
schools or the period during which a student transfers from a school in the sending state to a
school in the receiving states.
     R. "Uniformed services" means the United States Army, Navy, Air Force, Marine Corps, or
Coast Guard. The term includes the commission corp of the National Oceanic and Atmospheric
Administration and the Public Health Services.
     S. "Veteran" means an individual who served in and was discharged or released from the
uniformed services under conditions other than dishonorable.
   Sec. 3. ARTICLE III. APPLICABILITY
   A. Except as otherwise provided paragraph B, this compact applies to the children of the
following:
     1. An active duty member of the uniformed services, including a member of the National
Guard and Reserve on active duty orders under 10 U.S.C. 1209 and 10 U.S.C 1211.
     2. A member or veteran of the uniformed services who is severely injured and medically
discharged or retired for at least one (1) year after medical discharge or retirement.
     3. A member of the uniformed services who dies on active duty or as a result of injuries
sustained on active duty, for one (1) year after the member's death.
   B. This compact applies only to local education agencies as defined in this compact.
   C. This compact does not apply to the children of the following:
     1. Inactive members of the National Guard and military reserves.
     2. Retired members of the uniformed services, except as provided in paragraph A.
                                                 12
      3. Veterans of the uniformed services, except as provided in paragraph A.
      4. Other United States Department of Defense personnel and other federal agency civilian
and contract employees not defined as active duty members of the uniformed services.
   Sec. 4. ARTICLE IV. EDUCATIONAL RECORDS AND ENROLLMENT
   A. If official educational records cannot be released to the parents for the purpose of transfer,
the custodian of the records in the sending state shall prepare and furnish to the parent a
complete set of unofficial educational records containing uniform information as determined by
the interstate commission. Upon receipt of the unofficial educational records by a school in the
receiving state, the school shall enroll and appropriately place the student based on the
information provided in the unofficial records, pending validation by the official records, as
quickly as possible.
   B. At the same time as the enrollment and conditional placement of the student, the school in
the receiving state shall request the student's official educational record from the school in the
sending state. Upon receipt of this request, the school in the sending state shall process and
furnish the official educational records to the school in the receiving state within ten (10) days of
such time as is reasonably determined under the rules adopted by the interstate commission.
   C. Member states shall give thirty (30) days after the date of enrollment, or within such time
as is reasonably determined under the rules adopted by the interstate commission, for students
to obtain immunizations required by the receiving state. For a series of immunizations, initial
vaccinations must be obtained within thirty (30) days or within such time as is reasonably
determined under the rules adopted by the interstate commission.
   D. Students may continue their enrollment at grade level in the receiving state commensurate
with their grade level (including kindergarten) from a local education agency in the sending state
at the time of transition, regardless of age. A student who has satisfactorily completed the
prerequisite grade level in the local education agency in the sending state is eligible for
enrollment in the next highest grade level in the receiving state, regardless of age. A student who
transfers after the start of the school year in the receiving state shall enter the school in the
receiving state on the student's validated level from an accredited school in the sending state.
   Sec. 5. ARTICLE V. PLACEMENT AND ATTENDANCE
   A. When a student transfers before or during a school year, the receiving state school initially
shall honor placement of the student in educational courses based on the student's enrollment in
the sending state school, on educational assessments conducted at the school in the sending state
if the courses are offered, or on both the enrollment and assessments. Course placement includes
honors, international baccalaureate, advanced placement, vocational, technical, and career
pathways courses. Continuing the student's academic program from the previous school and
promoting placement in academically and career challenging courses are paramount when
considering placement. The school in the receiving state may perform subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in the courses.
   B. The receiving state school initially shall honor placement of a student in educational
programs based on current educational assessments conducted at the school in the sending state
or by participation or placement in similar programs in the sending state. Similar programs
include gifted and talented programs and English as a second language programs. A school in a
receiving state may perform subsequent evaluations to ensure appropriate placement of a
student.
   C. In compliance with the federal requirements of the Individuals with Disabilities Education
Act, 20 U.S.C. 1400 et seq., the receiving state shall initially provide comparable services to a
student with disabilities based on the student's current individualized education program.
   D. In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.
794, and with Title II of the Americans with Disabilities Act, 42 U.S.C. 12131 through 12165, the
                                                 13
receiving state shall make reasonable accommodations and modifications to address the needs of
incoming students with disabilities, subject to an existing 504 Plan or Title II Plan, to provide the
student with equal access to education. A school in a receiving state may perform subsequent
evaluations to ensure appropriate placement of a student.
   E. Local education agency administrative officials have flexibility in waiving course or
program prerequisites or other preconditions for placement in courses or programs offered
under the jurisdiction of the local education agency.
   F. A student whose parent or legal guardian is an active duty member of the uniformed
services and has been called to duty for, is on leave from, or has immediately returned from
deployment to a combat zone or combat support posting, shall be granted additional excused
absences at the discretion of the local education agency superintendent to visit with the parent or
legal guardian before the leave or deployment.
   Sec. 6. ARTICLE VI. ELIGIBILITY
   A. Eligibility for enrollment
      1. A special power of attorney, relative to the guardianship of a child of a military family, is
sufficient for the purposes of enrollment and all other actions requiring parental participation
and consent.
      2. A local education agency is prohibited from charging local tuition to a transitioning child
of a military family placed in the care of a noncustodial parent or another person standing in
loco parentis who lives in a jurisdiction other than the jurisdiction of the custodial parent.
      3. A transitioning child of a military family, placed in the care of a noncustodial parent or
another person standing in loco parentis who lives in a jurisdiction other than the jurisdiction of
the custodial parent, may attend the school in which the child was enrolled while residing with
the custodial parent.
   B. States and local education agencies shall facilitate the opportunity for the inclusion of
transitioning children of military families in extracurricular activities, regardless of application
deadlines, to the extent the children are otherwise qualified.
   Sec. 7. ARTICLE VII. GRADUATION
   To facilitate the on time graduation of children of military families, states and local education
agencies shall follow the following procedures:
   A. Local education agency administrative officials shall waive specific courses required for
graduation if a student has satisfactorily completed similar course work in another local
education agency. If a local education agency does not grant a waiver to a student who would
qualify to graduate from the sending school, the local education agency must provide reasonable
justification for denial of the waiver and provide alternative means to acquire the required
course work so the student may graduate on time.
   B. A receiving state shall accept any of the following in place of testing requirements for
graduation in the receiving state:
      1. Exit or end of course exams required for graduation from the sending state.
      2. National norm referenced achievement tests.
      3. Alternative testing.
If a receiving state fails to accept an alternative listed in this paragraph for a student
transferring during the student's senior year, paragraph C applies.
   C. If a student who transfers at the beginning of the student's senior year is ineligible to
graduate from the receiving local education agency after all alternatives under paragraph B
have been considered, the sending and receiving local education agencies shall ensure the receipt
of a diploma from the sending local education agency if the student meets the graduation
requirements of the sending local education agency. If a sending or receiving state is not a
member state, the state that is a member state shall use best efforts to facilitate the on time
                                                  14
graduation of the student under paragraphs A and B.
…. [Remainder omitted.]

P.L. 82-2009 HEA 1200              Physical examinations of bus drivers
 AN ACT to amend the Indiana Code concerning education.

SECTION 1. IC 20-27-8-4, AS ADDED BY P.L.1-2005, SECTION 11, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. An individual who is or intends to become a school
bus driver must obtain a physical examination certificate stating that the individual possesses the
physical characteristics required by section 1(a)(7) of this chapter. The certificate shall be made by an
Indiana a physician who is licensed in Indiana or a state bordering Indiana after the physician has
conducted a physical examination of the school bus driver or prospective school bus driver. The
physician shall be chosen by the school bus driver or prospective driver, who shall pay for the
examination.

P.L. 173-2009 HEA 1289 Coordination of Programs for Vulnerable
Individuals and High Ability Students
AN ACT to amend the Indiana Code concerning state offices and administration.

SECTION 2. IC 20-36-2-2, AS AMENDED BY P.L.84-2007, SECTION 3, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 2. A governing body shall develop and
periodically update a local plan to provide appropriate educational experiences to high ability students
in the school corporation in kindergarten through grade 12. The plan must include the following
components:
      (1) The establishment of a broad based planning committee that meets periodically to review the
local education authority's plan for high ability students. The committee must have representatives
from diverse groups representing the school and community.
      (2) Student assessments that identify high ability students using multifaceted assessments to
ensure that students not identified by traditional assessments because of economic disadvantage,
cultural background, underachievement, or disabilities are included. The assessments must identify
students with high abilities in the general intellectual domain and specific academic domains. The
results of an assessment under this subdivision must be recorded with the student test number assigned
to a student.
      (3) Professional development.
      (4) Development and implementation of local services for high ability students, including
appropriately differentiated curriculum and instruction in the core academic areas designated by the
state board for each grade consistent with federal, state, local, and private funding sources.
      (5) Evaluation of the local program for high ability students.
       (6) Best practices to increase the number of participants in high ability student programs
who are from racial and ethnic groups that have been underrepresented in those programs.




                                                   15
P.L. 146-2009 HEA 1339           Motor vehicle child restraint systems; Special Purpose
Buses for Schools
AN ACT to amend the Indiana Code concerning motor vehicles.

SECTION 5. IC 20-27-8-10.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10.5. (a) Not later than September 1,
2009, the department shall:
      (1) develop;
      (2) provide to the general assembly and the public; and
      (3) implement;
a plan to promote safe driving practices for drivers of special purpose buses.
   (b) The plan developed under subsection (a) must provide clear, concise information
concerning statutes and rules that affect special purpose buses and special purpose bus drivers.
   (c) The department shall update the plan developed under subsection (a) as necessary.
   (d) The department shall distribute the plan developed under subsection (a) in the most cost
effective manner, as determined by the department.

SECTION 6. IC 20-27-9-5, AS AMENDED BY P.L.99-2007, SECTION 171, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: [Note: This section is omitted because the
Special Session enactment, HEA 1001 SS, amended it. For the final version, see page 23.]


P.L. 9-2009      HEA 1389        Twenty-first century scholars
AN ACT to amend the Indiana Code concerning education.

SECTION 1. IC 20-33-5-15 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 15. (a) Each school corporation shall
provide each student who applies for free or reduced priced lunches under the national school
lunch program with an enrollment form for the twenty-first century scholars program under
IC 21-12-6.
  (b) The department shall provide each school corporation with sufficient application forms
under this section.
   (c) Each school shall give assistance in reading the instructions and completing the enrollment
forms for the twenty-first century scholars program.

P.L. 66-2009 HEA 1419            Student discipline
AN ACT to amend the Indiana Code concerning education.

SECTION 1. IC 20-26-5-32 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 32. The governing body of each school
corporation shall work with parents to:
    (1) develop; and
    (2) review periodically;
an evidence based plan for improving student behavior and discipline in the school
corporation after receiving a model plan developed by the department.
                                                16
SECTION 2. IC 20-31-5-6, AS ADDED BY P.L.1-2005, SECTION 15, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) A plan [meaning the school improvement
plan] must contain the following components for the school:
      (1) A list of the statutes and rules that the school wishes to have suspended from operation for the
school.
      (2) A description of the curriculum and information concerning the location of a copy of the
curriculum that is available for inspection by members of the public.
      (3) A description and name of the assessments that will be used in the school in addition to ISTEP
program assessments.
      (4) A plan to be submitted to the governing body and made available to all interested members of
the public in an easily
understood format.
      (5) A provision to maximize parental participation in the school, which may include providing
parents with:
         (A) access to learning aids to assist students with school work at home;
         (B) information on home study techniques; and
         (C) access to school resources.
      (6) For a secondary school, a provision to do the following:
         (A) Offer courses that allow all students to become eligible to receive an academic honors
diploma.
         (B) Encourage all students to earn an academic honors diploma or complete the Core 40
curriculum.
      (7) A provision to maintain a safe and disciplined learning environment for students and teachers
that complies with the governing body's plan for improving student behavior and discipline
developed under IC 20-26-5-32.
      (8) A provision for the coordination of technology initiatives and ongoing professional
development activities.
   (b) If, for a purpose other than a plan under this chapter, a school has developed materials that are
substantially similar to a component listed in subsection (a), the school may substitute those materials
for the component listed in subsection (a).

SECTION 3. IC 20-33-8-12, AS ADDED BY P.L.242-2005, SECTION 22, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 12. (a) Except as provided under IC 20-33-8-16,
the governing body of a school corporation must do the following:
     (1) Establish written discipline rules, which must include a graduated system of
discipline and may include: … [Remainder omitted.]
SECTION 5. [EFFECTIVE JULY 1, 2009] (a) As used in this SECTION, "department" refers to
the department of education established by IC 20-19-3-1.
   (b) Not later than June 1, 2010, the department shall develop and make available to
school corporations a model evidence based plan for improving discipline and
behavior within schools. The department shall consult with the division of child services, the
division of mental health and addiction, parent organizations, and state educational institutions
in developing a model plan.
   (c) A model plan developed under subsection (b) must include guidelines for accomplishing the
following results:
   (1) Improving safe school planning and classroom management using positive
behavioral supports, parental involvement, and other effective disciplinary tools.
                                                    17
     (2) Providing improved mental health services in or through schools.
     (3) Reviewing zero tolerance policies to ensure:
        (A) compliance with applicable laws; and
        (B) that students are not inappropriately referred to juvenile justice
agencies.
     (4) Providing assistance to parents concerning access to family strengthening
programs.
     (5) Improving communication, coordination, and collaboration among
schools, including special education programs, parents, and juvenile justice
agencies.
     (6) Improving methods and procedures for school suspensions and referrals to
alternative schools.
     (7) Providing for the collection, review, and reporting on an annual basis of
school behavioral and disciplinary problems, arrests, and referrals to the juvenile
justice system, disaggregated on the basis of race and ethnicity, under guidelines
for determining the existence of disproportionality in discipline or inappropriately
high rates of suspension or expulsion.
  (d) Not later than July 1, 2011, a governing body must work with parents to
develop and submit to the department a plan for improving behavior and
discipline in the school corporation after receiving a model plan developed by the
department.
  (e) The department, in collaboration with the department of child services, the division of
mental health and addiction, state educational institutions, and parent organizations, shall
provide assistance to a school corporation in the implementation of the school corporation's plan
developed under subsection (d) to ensure that teachers and administrators receive appropriate
professional development to prepare them to carry out the plan for supporting student behavior
and discipline.
  (f) Each school shall annually report the information under subsection (c)(7) to the
department.
  (g) This SECTION expires June 30, 2011.

P.L. 93-2009 HEA 1455            Autism training
AN ACT to amend the Indiana Code concerning education and to make an appropriation.

SECTION 2. IC 20-26-5-32.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JANUARY 10, 2010]: Sec. 32.4. The Department of
Education shall create a document explaining aspects of autism including behaviors that students
with autism may exhibit. Said document is to be distributed to school corporations for
distribution to noncertificated employees (as defined in IC 20-29-2-11).

P.L. 121-2009 HEA 1462 Education issues [Qualified immunity; expanded
criminal history checks; sex crime reports to IDOE; student removal from class]
AN ACT to amend the Indiana Code concerning criminal law and procedure.
                                                18
SECTION 1. IC 4-6-2-1.5, AS AMENDED BY P.L.78-2005, SECTION 1, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.5. (a) Whenever any state governmental official
or employee, whether elected or appointed, is made a party to a suit, and the attorney general
determines that said suit has arisen out of an act which such official or employee in good faith believed
to be within the scope of the official's or employee's duties as prescribed by statute or duly adopted
regulation, the attorney general shall defend such person throughout such action.
   (b) Whenever a teacher (as defined in IC 20-18-2-22) is made a party to a civil suit, and the attorney
general determines that the suit has arisen out of an act that the teacher in good faith believed was
within the scope of the teacher's duties in enforcing discipline policies developed under IC 20-33-8-12,
the attorney general shall defend the teacher throughout the action.
   ( c) Not later than August 15 of each year:
      (1) the attorney general shall draft; and
      (2) the state superintendent of public instruction shall disseminate in:
         (A) written;
         (B) electronic; or
         (C) other;
      form;
a notice to each teacher concerning the teacher's qualified immunity under IC 20-33-8-8(b)(3)
and rights under this section.
   (c) (d) Whenever a school corporation (as defined in IC 20-26-2-4) is made a party to a civil suit and
the attorney general determines that the suit has arisen out of an act authorized under IC 20-30-5-0.5 or
IC 20-30-5-4.5, the attorney general shall defend the school corporation throughout the action.
   (d) (e) A determination by the attorney general under subsection (a), (b), or (c) (d) shall not be
admitted as evidence in the trial of any such civil action for damages.
   (e) (f) Nothing in this chapter shall be construed to deprive any such person of the person's right to
select counsel of the person's own choice at the person's own expense.

SECTION 4. IC 20-19-3-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. 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.
[Note: IC 20-28-5-8, as amended by SECTION 10 of this very enactment (HEA 1462, P.L. 121-2009)
below, requires certain school officials to report to the state superintendent “when the individual
knows that a current or former licensed employee of the public school or nonpublic school has been
convicted of an offense listed in subsection (c), or when the governing body or equivalent authority
for a nonpublic school takes any final action in relation to an employee who engaged in any offense
listed in subsection (c).” The ISBA legal staff has learned that the state superintendent desires that
school officials also contact him when a certificated employee is arrested for any of the 19 offenses
stated in IC 20-28-5-8(c) so that the he may investigate to determine if enough evidence exists to start
the process to suspend or revoke the arrestee’s license. Although it appears that the state
superintendent does not have the legal authority at this time to require this information to be reported
to him, it is this writer’s opinion that his thinking is sound on this point because school officials who
submit arrest information could save substantial time and money for their schools should a license be
suspended or revoked by IDOE (rather than schools having to place teachers on paid leave pending the
criminal process and then going through the contract cancellation process.]

                                                   19
SECTION 7. IC 20-26-2-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 1.5. "Expanded criminal history check"
means a criminal history background check of an individual that includes:
     (1) a:
        (A) search of the records maintained by all counties in Indiana in which the individual
who is the subject of the background check resided;
        (B) search of the records maintained by all counties or similar governmental units in
another state, if the individual who is the subject of the background check resided in another
state; and
        (C) check of:
           (i) sex offender registries in all fifty (50) states; or
           (ii) the national sex offender registry maintained by the United States Department of
Justice; or
     (2) a:
        (A) national criminal history background check (as defined in IC 10-13-3-12); and
         (B) check of:
           (i) sex offender registries in all fifty (50) states; or
           (ii) the national sex offender registry maintained by the United States Department of
Justice.

SECTION 8. IC 20-26-5-10, AS ADDED BY P.L.1-2005, SECTION 10, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 10. (a) A school corporation, including a school
township charter school and an accredited nonpublic school, shall adopt a policy concerning
criminal history information for individuals who:
       (1) apply for:
          (A) employment with the school corporation; or
          (B) employment with an entity with which the school corporation contracts for services;
       (2) seek to enter into a contract to provide services to the school corporation; or
       (3) are employed by an entity that seeks to enter into a contract to provide services to the school
corporation;
if the individuals are likely to have direct, ongoing contact with children within the scope of the
individuals' employment.
    (b) A school corporation, including a school township charter school and an accredited nonpublic
school, shall administer a policy adopted under this section uniformly for all individuals to whom the
policy applies. A policy adopted under this section may must require any of the following: that the
school corporation, charter school, or accredited nonpublic school conduct an expanded
criminal history check
     (1) The school corporation, including a school township, may request limited criminal history
information concerning each applicant for noncertificated employment or certificated employment
from a local or state law enforcement agency before or not later than three (3) months after the
applicant's employment by the school corporation, charter school, or accredited nonpublic
school.
     (2) Each individual hired for noncertificated employment or certificated employment may be
required to provide a written consent for the school corporation, charter school, or accredited
nonpublic school to request under IC 10-13-3 limited criminal history information or a national
criminal history background an expanded criminal history check concerning the individual before or
not later than three (3) months after the individual's employment by the school corporation. The school
corporation, charter school, or accredited nonpublic school may require the individual to provide a
                                                    20
set of fingerprints and pay any fees required for a national criminal history background the expanded
criminal history check.
      (3) Each individual hired for noncertificated employment may be required at the time the
individual is hired to submit a certified copy of the individual's limited criminal history (as defined in
IC 10-13-3-11) to the school corporation.
      (4) Each individual hired for noncertificated employment may be required at the time the
individual is hired to:
         (A) submit a request to the Indiana central repository for limited criminal history information
under IC 10-13-3;
         (B) obtain a copy of the individual's limited criminal history; and
         (C) submit to the school corporation the individual's limited criminal history and a document
verifying a disposition (as defined in IC 10-13-3-7) that does not appear on the limited criminal
history.
      (5) Each applicant for noncertificated employment or certificated employment may be required at
the time the individual applies to answer questions concerning the individual's limited expanded
criminal history check. The failure to answer honestly questions asked under this subdivision
subsection is grounds for termination of the employee's employment.
      (6) Each individual that:
         (A) seeks to enter into a contract to provide services to a
school corporation; or
         (B) is employed by an entity that seeks to enter into a contract with a school corporation;
      may be required at the time the contract is formed to comply with the procedures described in
subdivisions (2), (4), and (5). An individual who is employed by an entity that seeks to enter into a
contract with a school corporation to provide student services in which the entity's employees have
direct contact with students in a school based program may be required to provide the consent
described in subdivision (2) or the information described in subdivisions (4) and (5) to either the
individual's employer or the school corporation. Failure to comply with subdivisions (2), (4), and (5),
as required by the school corporation, is grounds for termination of the contract. An entity that enters
into a contract with a school corporation to provide student services in which the entity's employees
have direct contact with students in a school based program is allowed to obtain limited criminal
history information or a national criminal history background check regarding the entity's applicants or
employees in the same manner that a school corporation may obtain the information.
   (c) If an individual is required to obtain a limited criminal history under this section, the individual
is responsible The applicant is responsible for all costs associated with obtaining the limited
expanded criminal history check. An applicant may not be required by a school corporation,
charter school, or accredited nonpublic school to obtain an expanded criminal history check
more than one (1) time during a five (5) year period.
   (d) (c) Information obtained under this section must be used in accordance with IC 10-13-3-29. law.

SECTION 10. IC 20-28-5-8, AS AMENDED BY P.L.151-2006, SECTION 8, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) This section applies when a
prosecuting attorney knows that a licensed employee of a public school or a nonpublic school has been
convicted of an offense listed in subsection (c). The prosecuting attorney shall immediately give
written notice of the conviction to the following:
     (1) The state superintendent.
     (2) Except as provided in subdivision (3), the superintendent of the school corporation that
employs the licensed employee or the equivalent authority if a nonpublic school employs the licensed
employee.
     (3) The presiding officer of the governing body of the school corporation that employs the
                                                    21
licensed employee, if the convicted licensed employee is the superintendent of the school corporation.
   (b) The superintendent of a school corporation, presiding officer of the governing body, or
equivalent authority for a nonpublic school shall immediately notify the state superintendent when the
individual knows that a current or former licensed employee of the public school or nonpublic school
has been convicted of an offense listed in subsection (c), or when the governing body or
equivalent authority for a nonpublic school takes any final action in relation to an
employee who engaged in any offense listed in subsection (c).
  (c) The department, after holding a hearing on the matter, shall permanently revoke the license of a
person who is known by the department to have been convicted of any of the following felonies:
     (1) Kidnapping (IC 35-42-3-2), if the victim is less than eighteen (18) years of age.
     (2) Criminal confinement (IC 35-42-3-3), if the victim is less than eighteen (18) years of age.
     (3) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.
     (4) Criminal deviate conduct (IC 35-42-4-2), if the victim is less than eighteen (18) years of age.
     (5) Child molesting (IC 35-42-4-3).
     (6) Child exploitation (IC 35-42-4-4(b)).
     (7) Vicarious sexual gratification (IC 35-42-4-5).
     (8) Child solicitation (IC 35-42-4-6).
     (9) Child seduction (IC 35-42-4-7).
     (10) Sexual misconduct with a minor (IC 35-42-4-9).
     (11) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.
     (12) Dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1).
     (13) Dealing in methamphetamine (IC 35-48-4-1.1).
     (14) Dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2).
     (15) Dealing in a schedule IV controlled substance (IC 35-48-4-3).
     (16) Dealing in a schedule V controlled substance (IC 35-48-4-4).
     (17) Dealing in a counterfeit substance (IC 35-48-4-5).
     (18) Dealing in marijuana, hash oil, or hashish (IC 35-48-4-10(b)).
      (19) Possession of child pornography (IC 35-42-4-4(c)).
  (d) A license may be suspended by the state superintendent as specified in IC 20-28-7-7.
   (e) The department shall develop a data base of information on school corporation employees
who have been reported to the department under this section.

SECTION 12. IC 20-33-8-8, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) Student supervision and the desirable
behavior of students in carrying out school purposes is the responsibility of:
      (1) a school corporation; and
      (2) the students of a school corporation.
   (b) In all matters relating to the discipline and conduct of students, school corporation personnel:
      (1) stand in the relation of parents to the students of the school corporation; and (2) have the right
to take any disciplinary action necessary to promote student conduct that conforms with an orderly and
effective educational system, subject to this chapter; and
      (3) have qualified immunity with respect to a disciplinary action taken to promote
student conduct under subdivision (2) if the action is taken in good faith and is
reasonable.
   (c) Students must:
      (1) follow responsible directions of school personnel in all educational settings; and
      (2) refrain from disruptive behavior that interferes with the educational environment.

                                                     22
SECTION 13. IC 20-33-8-9, AS ADDED BY P.L.1-2005, SECTION 17, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 9. (a) This section applies to an individual
who:
      (1) is a teacher or other school staff member; and
      (2) has students under the individual's charge.
   (b) An individual may take any action that is reasonably necessary to carry out or to prevent an
interference with an educational function that the individual supervises.
   (c) Subject to rules of the governing body and the administrative staff, an individual may remove a
student for a period that does not exceed five (5) school days from an educational function supervised
by the individual or another individual who is a teacher or other school staff member.
    (d) If an individual removes a student from a class under subsection (c), the principal may
place the student in another appropriate class or placement or into inschool suspension. The
principal may not return the student to the class from which the student was
removed until the principal has met with the student, the student's teacher, and the
student's parents to determine an appropriate behavior plan for the student. If the
student's parents do not meet with the principal and the student's teacher within a reasonable
amount of time, the student may be moved to another class at the principal's discretion.

[Note: See the appendix to these materials on page 27 for a memorandum sent to all public school
superintendents on the subject of teacher removals of students from class.]

P.L. 154-2009 HEA 1581            Financial responsibility curriculum
AN ACT to amend the Indiana Code concerning education.

SECTION 2. IC 20-30-5-19 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 19. (a) Each school corporation, charter
school, and accredited nonpublic school shall include in its curriculum for all students in grades
6 through 12 instruction concerning personal financial responsibility.
   (b) A school corporation, a charter school, and an accredited nonpublic school may meet the
requirements of subsection (a) by:
      (1) integrating, within its curriculum, instruction; or
      (2) conducting a seminar;
that is designed to foster overall personal financial responsibility.
   (c) The state board shall adopt a curriculum that ensures personal financial responsibility is
taught:
      (1) in a manner appropriate for each grade level; and
      (2) as a separate subject or as units incorporated into appropriate subjects;
as determined by the state board.

P.L. 182-2009 HEA 1001 SS
IDOE – Student Test Number Information
SECTION 303. IC 20-19-3-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2010]: Sec. 9. 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
                                                   23
     (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.
[Note: This appears to comply with FERPA, assuming that the “student test number information”
does not disclose the identity of the student.]
Virtual Charter Schools (HEA 1001 SS)
SECTION 315. IC 20-24-7-13 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 13. (a) As used in this SECTION,
"virtual charter school" means any charter school, including a conversion charter school,
that provides for the delivery of more than fifty percent (50%) of instruction to students
through:
      (1) virtual distance learning;
      (2) online technologies; or
      (3) computer based instruction.
   (b) The department shall establish a pilot program to provide funding for a statewide total of
up to two hundred (200) students who attend virtual charter schools in the school year ending in
2010 and five hundred (500) students who attend virtual charter schools in the school year
ending in 2011. The department shall choose an entity or entities to operate the virtual charter
school. The pilot program must focus on children who have medical disabilities or circumstances
that prevent them from attending school or for whom a virtual charter school is a better
alternative than a traditional school. At least seventy-five percent (75%) of the students enrolled
in virtual charter schools under this section must have been included in the ADM count for the
previous school year.
   (c) A virtual charter school is entitled to receive funding from the state in an amount equal to
the product of:
      (1) the number of students included in the virtual charter school's ADM who are
participating in the pilot program; multiplied by
      (2) eighty percent (80%) of the statewide average basic tuition support.
   (d) The department shall adopt rules under IC 4-22-2 to govern the operation of virtual
charter schools.
    (e) Beginning in 2009, the department shall before December 1 of each year submit an annual
report to the state budget committee concerning the program under this section.


Special Purpose Bus Driver Requirements (HEA 1001 SS)

SECTION 318. IC 20-27-9-5, AS AMENDED BY P.L.146-2009, SECTION 6, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 5. (a) A special purpose bus may be
used:
     (1) by a school corporation to provide regular transportation of a student between one (1) school

                                                   24
and another school but not between the student's residence and the school;
      (2) to transport students and their supervisors, including coaches, managers, and sponsors to
athletic or other extracurricular school activities and field trips;
      (3) by a school corporation to provide transportation between an individual's residence and the
school for an individual enrolled in a special program for the habilitation or rehabilitation of persons
with a developmental or physical disability; and
      (4) to transport homeless students under IC 20-27-12.
   (b) The mileage limitation of section 3 of this chapter does not apply to special purpose buses.
  (c) The operator of a special purpose bus must be at least twenty-one (21) years of age, be
authorized by the school corporation, and meet the following requirements:
      (1) If the special purpose bus has a capacity of less than sixteen (16) passengers, the operator
must
         (A) hold a valid:
            (i) (A) operator's;
            (ii) (B) chauffeur's;
            (iii) (C) public passenger chauffeur's; or
            (iv) (D) commercial driver's;
         license. and
         (B) meet the requirements for a school bus driver set forth in IC 20-27-8-4.
      (2) If the special purpose bus has a capacity of more than fifteen (15) passengers, the
operator must meet the requirements for a school bus driver set out in IC 20-27-8. [Note: These
requirements for a driver of a special purpose bus having capacity of 16 or more passengers include
having good moral character, a public passenger chauffeur’s or commercial driver’s license, no
evidence of drinking to excess at any time, various physical abilities, a physical examination
certificate, and a certificate of enrollment in or completion of school bus driver safety education
course.]
  (d) A special purpose bus is not required to be constructed, equipped, or painted as specified for
school buses under this article or by the rules of the committee.
  (e) An owner or operator of a special purpose bus, other than a special purpose bus owned or
operated by a school corporation or a nonpublic school, is subject to IC 8-2.1.

Nonpermanent Teacher Contract Nonrenewal Date Changes (HEA 1001 SS)
SECTION 319. IC 20-28-7-9, AS AMENDED BY P.L.38-2007, SECTION 1, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 9. (a) Before a teacher is refused
continuation of the contract under section 8 of this chapter, the teacher has the following rights, which
shall be strictly construed:
     (1) The principal of the school at which the teacher teaches must provide the teacher with an
annual written evaluation of the teacher's performance before January 1 of each year. Upon the request
of a nonpermanent teacher, delivered in writing to the principal not later than thirty (30) days after the
teacher receives the evaluation required by this section, the principal shall provide the teacher with an
additional written evaluation.
     (2) On or before May June 1 in an even-numbered year and the later of June 15 or the date a
budget act is enacted by the general assembly in an odd-numbered year, the school corporation
shall notify the teacher that the governing body will consider nonrenewal of the contract for the next
school term. The notification must be:
        (A) written; and
        (B) delivered in person or mailed by registered or certified mail to the teacher at the teacher's
                                                    25
last known address.
   (b) The notice in subsection (a)(2) must include a written statement, which:
      (1) may be developed in executive session; and
      (2) is not a public document;
giving the reasons for the consideration of the nonrenewal of the teacher's contract.
   (c) For reasons other than a reduction in force, the notice in subsection (a)(2) must inform the
teacher that, not later than ten (10) days after the teacher's receipt of the notice, the teacher may request
a conference under section 10 of this chapter.
   (d) If the reason for nonrenewal is reduction in force, the teacher may request a conference as
provided in section 10 of this chapter.
Employee Evaluation Using Test Results (HEA 1001 SS)

SECTION 320. IC 20-28-11-3, AS ADDED BY P.L.1-2005, SECTION 12, IS AMENDED TO READ
AS FOLLOWS [EFFECTIVE JULY 1, 2009]
[Note: The language that appears in bold language in subsection (6), below, came from an amendment
to SECTION 320 by a later section of the very same enactment, HEA 1001 SS, SECTION 514. The
final version of IC 20-28-11-3, after the final amendment by SECTION 514 of HEA 1001 SS, is as
follows:]

Sec. 3. Each plan:
     (1) must provide for the improvement of the performance of the individuals evaluated;
     (2) must provide for the growth and development of the individuals evaluated;
     (3) must require periodic assessment of the effectiveness of the plan;
     (4) must provide that nonpermanent and semipermanent teachers receive:
        (A) an evaluation on or before December 31 each year; and
        (B) if requested by that teacher, an additional evaluation on or before March 1 of the following
year; and
     (5) may provide a basis for making employment decisions; and
     (6) if federal rules, regulations, or directives require the use of collective program results of
tests to evaluate educators in order to qualify for those federal funds, collective program results
of tests used by any school corporation that would receive federal funds may be used as a factor,
but not the sole factor, to evaluate educators. If collective testing results are used as a factor in
evaluations by a school corporation, they must be applied to all educators in that school
corporation.
However, Except as provided in subdivision (6), the plan may not provide for an evaluation that is
based in whole or in part on the ISTEP program test scores of the students in the school corporation.




                                                     26
       APPENDIX REGARDING TEACHER REMOVAL OF STUDENTS FROM CLASS

August 11, 2009
TO: School Superintendents and Board Members/Attorneys on ISBA’s E-mail List
FROM: Dave Emmert, ISBA General Counsel
RE: Requirement for a Parent Meeting and Behavioral Plan before a Removed Student Is Returned to
Class (HEA 1462, P.L. 121-2009, SEC. 13 that amended IC 20-33-8-9)

ISBA has received numerous questions regarding the requirements of P.L. 121-2009, SEC. 13, which require a
meeting with parents and a behavioral plan when a student is removed from a class by a teacher. One such
question is printed below. We thought it might be helpful to distribute this response on a statewide basis to
assist board members and administrators in complying with these new requirements. Please share this
information with your administrative staff.

Issue presented to ISBA General Counsel:

As a building administrator, I wanted to get your input on the 2009 amendment to the "Disciplinary powers of
teachers and school staff members" code, IC 20-33-8-9, especially focusing on subsection (d)’s language. I
want to make sure I am interpreting it correctly. Does this mean that every time a student is removed from class
(it might be 5-15 students daily) and sent to the Dean's Office, the full implementation of subsection (d) is done?
(Sometimes students are sent to the Dean's Office for the remainder of the period, but many times they will
serve in-school suspension time on days following the visit to the office.)

Or, does it mean that (d) is only implemented when the teacher refers to the code and wants it to be fully
implemented? I am not disagreeing by any means that meeting with all parties is a bad thing. The concern is that
sometimes students can be removed by some teachers for little things and could potentially take a lot of time in
accomplishing the parent-meeting and behavioral-plan requirements. If your answer is that we have to
implement all of (d)’s requirements any time a teacher removes a student for whatever reason, then
administrators will need to greatly stress to teachers only to remove students when their conduct is so substantial
that the teacher has to remove the student in order to "prevent an interference with an educational function."

Response:

In addition to the newly amended IC 20-33-8-9, sections 12 and 25 of the Student Discipline Law (SDL) must
be evaluated to interpret legislative intent. (All three sections are provided following this discussion.) As
background information, all three statutory sections, before being amended, were part of Public Law 131-1995
which repealed the original SDL and replaced it with IC 20-8.1-5.1. Then, in 2005, the entire Education Code
was recodified and the SDL became IC 20-33-8, which maintained the three sections at issue.

--Interpreting the Two Student Removal Sections Together

The ISBA legal staff has always interpreted two particular sections together because they both contain language
about the ability of teachers to remove students from the educational activity being supervised. The relevant
portion of Section 9 of IC 20-33-8, not including the 2009 amendment, reads (with emphasis in bold print):

    Sec. 9. (a) This section applies to an individual who:
          (1) is a teacher or other school staff member; and
          (2) has students under the individual's charge.
       (b) An individual may take any action that is reasonably necessary to carry out or to prevent an
    interference with an educational function that the individual supervises.
       (c) Subject to rules of the governing body and the administrative staff, an individual may remove a
    student for a period that does not exceed five (5) school days from an educational function supervised by the
    individual or another individual who is a teacher or other school staff member.
                                                        27
The relevant portion of Section 25 of IC 20-33-8 reads (emphasis added):

    Sec. 25. (a) This section applies to an individual who:
         (1) is a member of the administrative staff, a teacher, or other school staff member; and
         (2) has students under the individual's charge.
      (b) An individual may take disciplinary action instead of or in addition to suspension and expulsion that is
    necessary to ensure a safe, orderly, and effective educational environment. Disciplinary action under this
    section may include the following:
         …

        (7) Removal of a student by a teacher from that teacher's class for a period not to exceed:
            (A) five (5) class periods for middle, junior high, or high school students; or
            (B) one (1) school day for elementary school students;
         if the student is assigned regular or additional school work to complete in another school setting.

ISBA’s legal opinion has been and continues to be that all student removals by teachers are subject to the rules
of the school board and administrative staff due to the noted language of Section 9(c) of the SDL that prefaces
student-removals from class with “Subject to the rules of the governing body and administrative staff.”
(Emphasis added.) Under this opinion, a school board and its administrators may fashion a rule that defines the
meaning of a “removal,” its length and frequency, both under Section 9 and Section 25 of the SDL.

Secondly, the ISBA opinion is that due to the clear wording of Section 25(b)(7), the school board and
administrative staff may inform teachers that there is no authority to remove a student if the teacher fails to
assign “regular or additional school work to complete in another school setting.”

--School Board and Administration Rule-Making Authority

Further clarification of rule-making authority is found in SDL at Section 12 of IC 20-33-8, which in the
following relevant language allows school boards to delegate disciplinary and other rule-making authority to
administrators and permits certain rules to be oral, including daily instructions regarding classroom operations
and rules pertaining to the manner in which an educational function is administered (emphasis in bold):

    Sec. 12. …
    (c) The governing body of a school corporation may delegate:
         (1) rulemaking;
         (2) disciplinary; and
         (3) other authority;
    as reasonably necessary to carry out the school purposes of the school corporation.
    (d) Subsection (a) [regarding written disciplinary rules of the school board] does not apply to rules or
    directions concerning the following:
         …
         (3) Day to day instructions concerning the operation of a classroom or teaching station.
         …
         (5) Other standards or regulations relating to the manner in which an educational function must
    be administered.
    ….

A summation of ISBA’s legal opinion is that although the legislature gives authority to teachers to remove
students from class, this authority is governed by school board and administrative rules, which (1) need not be in
writing, (2) may define the meaning of “removal,” including its length and frequency, and (3) prescribe the
method by which a teacher will make the assignment of regular or additional school work that is to be
completed in another setting.

                                                         28
For example, it would not be unreasonable for the school board and administration to say that a “cooling off”
period of a reasonable duration, wherein the teacher places the student in the hallway for the rest of the class
period, is not a “removal” that would require assignments to be given, a meeting with the parent, and a
behavioral plan to be developed under the new language of Section 9(d).

Similarly, rules could establish a structure for the meeting with the parent when there is an actual “removal” as
determined by the board and administration. For example, it may be more convenient, practical, and efficient
for the principal to have the parent-meeting by telephone. Also, since Section 9(d) does not require the
principal’s meeting with the parent, the student, and teacher to be simultaneous, the rules may allow for the
principal to meet with each of them at times most convenient to both parties. It is noted, however, that since the
purpose of the meetings (or meeting) is to develop an appropriate behavioral plan for the student, and since each
situation is different, the rules could leave it up to the principal’s discretion on how best to implement the
meeting and behavioral plan requirements. Lastly, because of the last sentence in Section 9(d), the intent is
clear that the removing-teacher is to meet with the parent; so, the rules will have to recognize this and give
flexibility to the principal in working out how best to accomplish it. (For example, a practical method would be
for both the principal and teacher to simultaneously have a telephone conference with the parent.)


-- Return to the Teacher’s Classroom Issue

The legislature’s clear statement in Section 9(d) that the student cannot be returned to the removing-teacher’s
classroom until after the meeting and behavioral plan requirements have occurred raises a huge concern of what
happens to the student in the meantime when parent-caused problems create an unreasonable delay.

The legislature’s language attempts to address this concern by saying, “If the student's parents do not meet with
the principal and the student's teacher within a reasonable amount of time, the student may be moved to another
class at the principal's discretion.” However, in many school buildings there may not be another class, or the
potential class may exist, but it is full. In schools with multiple buildings, a potential class may exist elsewhere,
but assignment there will entail transportation issues to be resolved.

In some instances, the non-complying parent’s refusal to meet will mean that there is no other class to assign the
student to. This situation raises a number of questions, including:
    1. Does this mean that the child can get his/her education by staying in the in-school suspension room (or
        study hall) to complete the teacher-provided assignments on his/her own without having live
        instruction?
    2. Will the school have to arrange virtual learning or closed-circuit television at its expense to assist the
        student in obtaining class credit?
    3. If the student’s learning is greatly handicapped by the “self-education” system causing a failure in the
        class, does a high school issue an “F” grade and compute it into the grade-point average, or does it take
        a preventive law stance to avoid litigation and merely issue a “no credit”?
    4. Does the school pass or apply a “Parent Participation Policy” under the SDL at IC 20-33-8-26 that
        allows the school to require the parent to participate in disciplinary actions caused by the student’s
        behavior, and then report the parent under the Child Abuse/Neglect Law (IC 31-34-1-7) who has not
        complied and the situation involves “repeatedly disruptive” behavior? (See the Spring 2009 edition of
        the “ISBA Policy Advisor” at pages 7 and 8.)

--“Principal” Also Includes a Designee

Pursuant to the SDL at IC 20-33-8-1, the term “principal” is defined to include a principal’s designee throughout
the law. Therefore, even though Section 9(d) states what the “principal” may and must do, it may be a designee
who has a meeting with the removing teacher, parent, and student and who works to develop the behavioral plan
before returning the student to class.

                                                         29
--Working Conditions and the Duty to “Discuss” under the Collective Bargaining Law

It needs to be kept in mind that the most, if not all, of the changes in policy, rules, and/or practices necessitated
by the 2009 “Student Classroom Removal and Return Amendment” to the SDL will require meaningful
discussion with the teachers’ exclusive representative before adoption and/or implementation

 INDIANA CODE SECTIONS RELEVANT TO INTEPRETING THE 2009 “STUDENT CLASSROOM
                REMOVAL AND RETURN AMENDMENT,” IC 20-33-8-9(d)

IC 20-33-8-9. Disciplinary powers of teachers and school staff members
    Sec. 9. (a) This section applies to an individual who:
      (1) is a teacher or other school staff member; and
      (2) has students under the individual's charge.
   (b) An individual may take any action that is reasonably necessary to carry out or to prevent an interference
with an educational function that the individual supervises.
   (c) Subject to rules of the governing body and the administrative staff, an individual may remove a student for
a period that does not exceed five (5) school days from an educational function supervised by the individual or
another individual who is a teacher or other school staff member.
   (d) If an individual removes a student from a class under subsection (c), the principal may place the
student in another appropriate class or placement or into inschool suspension. The principal may not
return the student to the class from which the student was removed until the principal has met with the
student, the student's teacher, and the student's parents to determine an appropriate behavior plan for
the student. If the student's parents do not meet with the principal and the student's teacher within a
reasonable amount of time, the student may be moved to another class at the principal's discretion.
As added by P.L.1-2005, SEC.17. Amended by P.L.121-2009, SEC.13.

IC 20-33-8-25. Additional disciplinary actions authorized
   Sec. 25. (a) This section applies to an individual who:
    (1) is a member of the administrative staff, a teacher, or other school staff member; and
    (2) has students under the individual's charge.
  (b) An individual may take disciplinary action instead of or in addition to suspension and expulsion that is
necessary to ensure a safe, orderly, and effective educational environment. Disciplinary action under this section
may include the following:
    …

     (7) Removal of a student by a teacher from that teacher's class for a period not to exceed:
          (A) five (5) class periods for middle, junior high, or high school students; or
          (B) one (1) school day for elementary school students;
      if the student is assigned regular or additional school work to complete in another school setting.
….

IC 20-33-8-12. Adoption of discipline rules; publicity requirement; discipline policy regulations and
guidelines; delegation of authority; rulemaking powers of governing body
    Sec. 12. (a) Except as provided under IC 20-33-8-16, the governing body of a school corporation must do the
following:
     (1) Establish written discipline rules, which must include a graduated system of discipline and may include:
        (A) appropriate dress codes; and
        (B) if applicable, an agreement for court assisted resolution of school suspension and expulsion cases;
     for the school corporation.
     (2) Give general publicity to the discipline rules within a school where the discipline rules apply by actions
such as:
        (A) making a copy of the discipline rules available to students and students' parents; or

                                                          30
         (B) delivering a copy of the discipline rules to students or the parents of students.
      This publicity requirement may not be construed technically and is satisfied if the school corporation
makes a good faith effort to disseminate to students or parents generally the text or substance of a discipline
rule.
   (b) The:
      (1) superintendent of a school corporation; and
      (2) principals of each school in a school corporation;
may adopt regulations establishing lines of responsibility and related guidelines in compliance with the
discipline policies of the governing body.
   (c) The governing body of a school corporation may delegate:
      (1) rulemaking;
      (2) disciplinary; and
      (3) other authority;
as reasonably necessary to carry out the school purposes of the school corporation.
   (d) Subsection (a) does not apply to rules or directions concerning the following:
      (1) Movement of students.
      (2) Movement or parking of vehicles.
      (3) Day to day instructions concerning the operation of a classroom or teaching station.
      (4) Time for commencement of school.
      (5) Other standards or regulations relating to the manner in which an educational function must be
administered.
However, this subsection does not prohibit the governing body from regulating the areas listed in this
subsection.
As added by P.L.1-2005, SEC.17. Amended by P.L.242-2005, SEC.22; P.L.66-2009, SEC.3.




                                                       31

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:3
posted:1/22/2013
language:English
pages:31