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Indiana General Assembly· SB 358Public Law 199

Various education matters., the official text

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First Regular Session of the 124th General Assembly (2025)

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between statutes enacted by the 2024 Regular Session of the General Assembly.

  SENATE ENROLLED ACT No. 358

   AN ACT to amend the Indiana Code concerning education.

   Be it enacted by the General Assembly of the State of Indiana:

   SECTION 1. IC 20-20-5.5-2, AS AMENDED BY P.L.245-2023,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Not later than July 1, 2024, 2027, and each
July 1 thereafter, the department shall evaluate, approve, and publish
a list of high quality curricular materials for use in the following
subjects:

      (1) Science.
      (2) Technology.
      (3) Engineering.
      (4) Math.
      (5) English/language arts.
The department shall post the list approved under this subsection on
the department's website.
   (b) Subject to subsection (g), the department shall:
      (1) determine the:

         (1) (A) process for evaluating and approving curricular
         materials under subsection (a); and
         (2) (B) requirements for curricular materials to be approved
         and included on the list described in subsection (a); and
      (2) collaborate with teachers in evaluating and approving high

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      quality curricular materials in English/language arts under
      subsection (a).
   (c) The department shall publish an annual report that describes the
method used to conduct the evaluation required under subsection (a)
and that contains the results of the evaluation. The report must do the
following:
      (1) Provide a list of each curricular material evaluated and a
      summary of the evaluation for each curricular material.
      (2) Provide a listing and summary review for the high quality
      curricular materials approved by the department.
      (3) Include any clarification or response from the publisher of a
      curricular material related to the department's summary review
      provided under subdivision (2).
      (4) Include the written, exact, and standard statewide price
      provided by the publisher of the curricular material under
      subsection (e) for each high quality curricular material approved
      by the department under this section.
   (d) A governing body and superintendent may use the list approved
under subsection (a) in complying with IC 20-26-12-24.
   (e) Before the department may approve curricular material for
inclusion on the list under subsection (a), the publisher of the curricular
material must:
      (1) provide the department a written, exact, and standard
      statewide price for each curricular material; and
      (2) enter into a data share agreement with the department in the
      manner prescribed by the department.
   (f) A publisher may request that an update to the publisher's
curricular materials and corresponding prices replace the information
on the curricular materials set forth in the report under subsection (c).
   (g) At a minimum, the process for evaluating curricular materials
and the requirements for curricular materials to be approved and
included on the list described in subsection (a) must include the
following:
      (1) The availability and use of benchmark, formative, interim, or
      similar assessments to identify students that require remediation
      and provide individualized instruction.
      (2) The incorporation of experiential learning opportunities.
      (3) An evaluation of the benchmark, formative, interim, or similar
      assessment data provided by the publisher of the curricular
      material pursuant to the data share agreement described in
      subsection (e).
      (4) The alignment of the curricular material to Indiana's academic

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      standards developed by the department under IC 20-31-3-2.
      (5) The age appropriateness of the content.
   (h) Not later than July 1, 2024, the department shall conduct a
statewide survey to determine which curricular materials have been
adopted for use in teaching science, technology, engineering, and
mathematics in each state accredited school. Each state accredited
school shall:
      (1) participate in the statewide survey conducted under this
      subsection; and
      (2) provide the information requested by the department as part
      of the statewide survey;
in the manner prescribed by the department. This subsection expires
January 1, 2025.
   SECTION 2. IC 20-32-8.5-2, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in subsection (b), the
plan required by this chapter must include the following:
      (1) Reading skill standards for grade 1 through grade 3.
      (2) A method for making determinant evaluations by grade 3 that
      remedial action is required for a student, including:

         (A) beginning with evaluations administered during the
         2024-2025 school year, and except as provided in subsection
         (c), retention of the student in grade 3 if the student has not
         achieved a passing score on the determinant evaluation of
         reading skills approved by the state board after the student has
         had an opportunity to retake the determinant evaluation in the
         summer; and
         (B) the use of curricular materials and supplemental materials
         aligned to the science of reading that are designed to address
         deficiencies in reading;
      after other methods of remediation have been evaluated or used,
      or both, if reading skills are below the standard. Appropriate
      consultation with parents or guardians must be part of the plan.
      (3) A requirement that schools notify a student's parent of the
      following:
         (A) The student's assessment results regarding skill level in:

            (i) phonemic awareness;
            (ii) phonics;
            (iii) fluency;
            (iv) vocabulary; and
            (v) comprehension.

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         (B) The student's assessment results on the determinant
         evaluation of reading skills approved by the state board.
         (C) Any intervention provided to the student or any remedial
         action taken.
      (4) A requirement that schools monitor the progress of students
      who failed to achieve a valid passing score on the:
         (A) determinant evaluation of reading skills approved by the
         state board; or
         (B) statewide assessment program test.
      (5) A requirement that schools provide reading instruction that
      includes a core reading program aligned with the science of
      reading to all students in kindergarten through grade 8.
      (6) A requirement for the administration of the determinant
      evaluation of reading skills approved by the state board to
      students in grade 2.
      (7) A requirement that all students take the determinant
      evaluation of reading skills approved by the state board until the
      student:
         (A) receives a passing score, regardless of the student's grade
         level; or
         (B) enters grade 7.
      (8) A requirement that a school report the following to the
      department:
         (A) The literacy interventions that will be used for students in
         grade 2 who are at risk of not being reading proficient and
         students in grade 3 who do not achieve a valid passing score
         on the determinant evaluation of reading skills approved by
         the state board.
         (B) The literacy interventions in use before the adoption of the
         plan for students in grade 2 who are at risk of not being
         reading proficient and students in grade 3 who do not achieve
         a valid passing score on the determinant evaluation of reading
         skills approved by the state board.
         (C) The literacy interventions in use before the adoption of the
         plan for students who do not achieve a valid passing score on
         the determinant evaluation of reading skills approved by the
         state board.
         (D) The number of students being served by the interventions
         described in clauses (B) and (C).
         (E) The cost of providing the interventions described in
         clauses (B) and (C).
         (F) Any other information requested by the department.

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      (9) Requirements for a school in which fewer than seventy
      percent (70%) of students of the school achieved a valid passing
      score on the determinant evaluation of reading skills approved by
      the state board that must include the following:

         (A) Use of curriculum that is:
            (i) based on the science of reading; and
            (ii) age appropriate; and
            (ii) (iii) approved by the department.

         (B) Employment of the following:
            (i) Before July 1, 2025, an instructional coach who is trained
            in the science of reading, as determined by the department.
            This item expires January 1, 2026.
            (ii) After June 30, 2025, an instructional coach with a
            literacy related endorsement who is trained in the science of
            reading.

         (C) Use of only benchmark, formative, interim, or similar
         assessments that:

            (i) show alignment with Indiana's academic standards; and
            (ii) are approved by the department.
         (D) Use of a screener procured under IC 20-32-5.1-17(j).
      (10) The fiscal impact of each component of the plan, if any. In
      determining whether a component has a fiscal impact,
      consideration shall be given to whether the component will
      increase costs to the state or a school corporation or require the
      state or school corporation to reallocate resources.
   (b) A school may receive a waiver of the requirements provided in
511 IAC 6.2-3.1-4(a)(2) if the state board approves an alternative
reading plan provided by the school.
   (c) A student who would otherwise be subject to retention in grade
3 under the plan is not subject to the retention requirement only if the
student meets one (1) of the following criteria:
      (1) The student was subject to retention and has been retained in
      grade 3 for one (1) school year.
      (2) The student has an intellectual disability or the student's
      individualized education program specifies that retention is not
      appropriate, and the student's case conference committee has
      determined that promotion to another grade is appropriate.
      (3) The student is an English learner who has received services
      for fewer than two (2) years and a committee consisting of:
         (A) the student's parent;
         (B) a building level administrator or designee;
         (C) a classroom teacher of service;

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         (D) an English learner teacher of record, if one exists; and
         (E) an English learner district administrator, if one exists;
      determines that promotion is appropriate based on the
      implementation of research based instructional practices outlined
      in the student's individual learning plan.
      (4) The student received a score of proficient or above proficient
      in grade 3 math on the statewide summative assessment.
      (5) The student:
         (A) has received intensive intervention as determined by the
         department in reading for two (2) or more years; and
         (B) was retained more than one (1) time throughout
         kindergarten, grade 1, or grade 2.
   (d) A student who is not subject to the retention requirement as
provided under subsection (c) must be provided with additional
reading instruction that is aligned with the science of reading until the
student achieves a passing score on the determinant evaluation of
reading skills approved by the state board.
   (e) This subsection applies after June 30, 2024. Before October 1 of
each school year, the department shall:
      (1) identify each incoming student (as defined in section 0.7 of
      this chapter) enrolled in kindergarten in a school in Indiana; and
      (2) notify the parent or guardian of the student of the retention
      requirement under this chapter for grade 3 students who do not
      achieve a passing score on the Indiana reading evaluation and
      determination (IRead3).
   (f) The department shall establish a standard reporting process and
reporting window for schools to report students who qualify for an
exemption under subsection (c).
   SECTION 3. IC 20-32-8.5-5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 5. (a) As used in this section, "Indiana literacy cadre"
refers to the department's collaborative professional development
initiative for educators that is aligned with the science of reading.
   (b) Subject to available funding, a school in which fewer than
seventy percent (70%) of students of the school achieved a valid
passing score on the determinant evaluation of reading approved
by the state board must participate in the Indiana literacy cadre.
   SECTION 4. IC 20-51-1-4.7, AS AMENDED BY P.L.242-2017,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.7. "Eligible school" refers to a public or
nonpublic elementary school or high school that:
      (1) is located in Indiana;

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      (2) requires an eligible choice scholarship student to pay tuition
      or transfer tuition to attend;
      (3) voluntarily agrees to enroll an eligible choice scholarship
      student;
      (4) is accredited by either the state board or is accredited by or
      obtains provisional accreditation from a national or regional
      accreditation agency that is recognized by the state board;
      (5) administers the statewide assessment program;
      (6) is not a charter school or the school corporation in which an
      eligible choice scholarship student has legal settlement under
      IC 20-26-11; and
      (7) submits to the department only the student performance data
      required for a category designation under IC 20-31-8-3.
   SECTION 5. IC 20-51.4-5-2, AS AMENDED BY P.L.127-2024,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) The following individuals or entities may
become an ESA participating entity by submitting an application to the
treasurer of state in a manner prescribed by the treasurer of state:
      (1) A qualified school.
      (2) An individual who or tutoring agency that provides private
      tutoring.
      (3) An individual who or entity that provides services to a student
      with a disability in accordance with an individualized education
      program developed under IC 20-35 or a service plan developed
      under 511 IAC 7-34 or generally accepted standards of care
      prescribed by the eligible student's treating physician.
      (4) Subject to section 7 of this chapter, an individual who or
      entity that offers a course or program to an eligible student.
      (5) A licensed occupational therapist.
      (6) Entities that provide assessments.
   (b) The treasurer of state shall approve an application submitted
under subsection (a) if the individual or entity meets the criteria to
serve as an ESA participating entity.
   (c) If it is reasonably expected by the treasurer of state that an ESA
participating entity will receive, from payments made under the ESA
program, more than one hundred thousand dollars ($100,000) during
a particular school year, the ESA participating entity shall, on or before
a date prescribed by the treasurer of state provide the treasurer of state
evidence, in a manner prescribed by the treasurer of state, indicating
that the ESA participating entity has unencumbered assets sufficient to
pay the treasurer of state an amount equal to the amount expected to be
paid to the ESA participating entity under the ESA program during the

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particular school year.
   (d) Each ESA participating entity that accepts payments made from

an ESA account under this article shall provide a receipt to the parent
of an eligible student or to the emancipated eligible student for each
payment made.

   SECTION 6. IC 20-51.4-5-4, AS AMENDED BY P.L.202-2023,
SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) The treasurer of state may refuse to allow an
ESA participating entity to continue participation in the ESA program
and revoke the ESA participating entity's status as an ESA participating
entity if the treasurer of state determines that the ESA participating
entity accepts payments made from an ESA account under this article
and:

      (1) has failed to provide any educational service required by state
      or federal law to an eligible student receiving instruction from the
      ESA participating entity; or
      (2) has routinely failed to meet the requirements of an ESA
      participating entity under the ESA program; or
      (3) violates section 7 of this chapter.
   (b) If the treasurer of state revokes an ESA participating entity's
status as an ESA participating entity in the ESA program, the treasurer
of state shall provide notice of the revocation within thirty (30) days of
the revocation to each parent of an eligible student and to each
emancipated eligible student receiving instruction from the ESA
participating entity who has paid the ESA participating entity from the
eligible student's ESA account.
   (c) The treasurer of state may permit a former ESA participating
entity described in subsection (a) to reapply with the treasurer of state
for authorization to be an ESA participating entity on a date established
by the treasurer of state, which may not be earlier than one (1) year
after the date on which the former ESA participating entity's status as
an ESA participating entity was revoked under subsection (a). The
treasurer of state may establish reasonable criteria or requirements that
the former ESA participating entity must meet before being reapproved
by the treasurer of state as an ESA participating entity.
   SECTION 7. IC 20-51.4-5-7 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 7. A parent of an eligible student who:
      (1) is an ESA participating entity described in section 2(a)(4)
      of this chapter; and
      (2) teaches a course or program only to an eligible student
      who is the parent's child and does not teach a course or

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      program to any other eligible student;
may not submit a claim for reimbursement of an ESA qualified
expense of tuition and fees to teach the eligible student who is the
parent's child.

   SECTION 8. IC 20-51.4-5-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 8. If the treasurer of state revokes the ESA
participating entity's status under section 4(a) of this chapter, the:

      (1) treasurer of state may:
         (A) terminate the ESA participating entity's account; and
         (B) require the ESA participating entity to repay any
         improperly received funds under this article to the ESA
         program; and

      (2) attorney general may petition a court with jurisdiction to
      impose a civil penalty against the ESA participating entity in
      an amount that does not exceed five thousand dollars ($5,000).

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President of the Senate

President Pro Tempore

Speaker of the House of Representatives

Governor of the State of Indiana

Date:                             Time:

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