Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 366
AN ACT to amend the Indiana Code concerning education.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 20-19-3-37.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 37.4. Not later than October 1,
2025, the secretary of education shall compile and prepare a report
concerning the feasibility of offering the school bus driver safety
education training course described in IC 20-27-8-10 at several
regional locations.
SECTION 2. IC 20-23-6-8, AS AMENDED BY P.L.140-2018,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8. (a) Consolidated schools are under the control
and management of the consolidated governing body created under this
chapter, and a new consolidated school corporation comes into
existence:
(1) at the time specified in the resolutions provided in section 3,
4, 5.5, or 12.5 of this chapter; or
(2) if a time is not specified, at the following times:
(A) If a protest has not been filed and the creation is
accomplished by the adoption of a joint resolution following
publication of notice as provided in section 3 or 5.5 of this
chapter, thirty (30) days after the adoption of the joint
resolution.
(B) If the creation is accomplished after an election as
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provided in section 6 of this chapter, thirty (30) days after the
election.
(b) The members of the governing body shall:
(1) take an oath to faithfully discharge the duties of office; and
(2) meet at least five (5) days before the time the new
consolidated school corporation comes into existence to organize.
(c) The governing body shall meet to reorganize at the time
provided in IC 20-26-4-1(b). At the organization or reorganization
meeting, the members of the governing body shall elect the following:
(1) A president.
(2) A secretary.
(3) A treasurer.
(d) The treasurer, before starting the duties of the treasurer's office,
shall execute a bond to the acceptance of the county auditor. The fee
for the bond shall be paid from the operations fund of the consolidated
school corporation. Any vacancy occurring in the membership in any
governing body shall be filled in the manner provided in IC 20-26-4-4.
IC 20-23-4-30.
(e) The members of the governing body shall receive compensation
in the manner provided in IC 20-26-4-7.
(f) The governing body of a consolidated school corporation may
elect and appoint personnel it considers necessary.
SECTION 3. IC 20-26-4-4 IS REPEALED [EFFECTIVE JULY 1,
2025]. Sec. 4. If fewer candidates have been elected to the school board
than there were members to be elected, the governing body shall
determine not later than noon December 31 following the election
which incumbent member or members continue to hold office under
Article 15, Section 3 of the Constitution of the State of Indiana until a
successor is elected and qualified. However, if a vacancy in the
membership of a governing body occurs, whether the vacancy was of
an elected or appointed member, the remaining members of the
governing body shall by majority vote fill the vacancy by appointing a
person from within the boundaries of the school corporation, with the
residence and other qualifications provided for a regularly elected or
appointed board member filling the membership, to serve for the term
or the balance of the term. However, this subsection does not apply to
a vacancy:
(1) of a member who serves on a governing body in an ex officio
capacity; or
(2) a vacancy in an appointed board membership if a plan,
resolution, or law under which the school corporation operates
specifically provides for filling vacancies by the appointing
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authority.
SECTION 4. IC 20-26-4-4.5, AS AMENDED BY P.L.233-2015,
SECTION 95, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4.5. (a) The definitions in IC 3-5-2 apply to this
section.
(b) If a vacancy in a school board office exists because of the death
of a school board member, the remaining members of the governing
body shall meet and select an individual to fill the vacancy after the
secretary of the governing body receives notice of the death under
IC 5-8-6 and in accordance with section 4 of this chapter.
IC 20-23-4-30.
SECTION 5. IC 20-26-5-4, AS AMENDED BY P.L.36-2024,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) In carrying out the school purposes of a
school corporation, the governing body acting on the school
corporation's behalf has the following specific powers:
(1) In the name of the school corporation, to sue and be sued and
to enter into contracts in matters permitted by applicable law.
However, a governing body may not use funds received from the
state to bring or join in an action against the state, unless the
governing body is challenging an adverse decision by a state
agency, board, or commission.
(2) To take charge of, manage, and conduct the educational affairs
of the school corporation and to establish, locate, and provide the
necessary schools, school libraries, other libraries where
permitted by law, other buildings, facilities, property, and
equipment.
(3) To appropriate from the school corporation's general fund
(before January 1, 2019) or the school corporation's operations
fund (after December 31, 2018) an amount, not to exceed the
greater of three thousand dollars ($3,000) per budget year or one
dollar ($1) per pupil, not to exceed twelve thousand five hundred
dollars ($12,500), based on the school corporation's ADM of the
previous year (as defined in IC 20-43-1-7) to promote the best
interests of the school corporation through:
(A) the purchase of meals, decorations, memorabilia, or
awards;
(B) provision for expenses incurred in interviewing job
applicants; or
(C) developing relations with other governmental units.
(4) To do the following:
(A) Acquire, construct, erect, maintain, hold, and contract for
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construction, erection, or maintenance of real estate, real estate
improvements, or an interest in real estate or real estate
improvements, as the governing body considers necessary for
school purposes, including buildings, parts of buildings,
additions to buildings, rooms, gymnasiums, auditoriums,
playgrounds, playing and athletic fields, facilities for physical
training, buildings for administrative, office, warehouse, repair
activities, or housing school owned buses, landscaping, walks,
drives, parking areas, roadways, easements and facilities for
power, sewer, water, roadway, access, storm and surface
water, drinking water, gas, electricity, other utilities and
similar purposes, by purchase, either outright for cash (or
under conditional sales or purchase money contracts providing
for a retention of a security interest by the seller until payment
is made or by notes where the contract, security retention, or
note is permitted by applicable law), by exchange, by gift, by
devise, by eminent domain, by lease with or without option to
purchase, or by lease under IC 20-47-2, IC 20-47-3, or
IC 20-47-5.
(B) Repair, remodel, remove, or demolish, or to contract for
the repair, remodeling, removal, or demolition of the real
estate, real estate improvements, or interest in the real estate
or real estate improvements, as the governing body considers
necessary for school purposes.
(C) Provide for conservation measures through utility
efficiency programs or under a guaranteed savings contract as
described in IC 36-1-12.5.
(5) To acquire personal property or an interest in personal
property as the governing body considers necessary for school
purposes, including buses, motor vehicles, equipment, apparatus,
appliances, books, furniture, and supplies, either by cash purchase
or under conditional sales or purchase money contracts providing
for a security interest by the seller until payment is made or by
notes where the contract, security, retention, or note is permitted
by applicable law, by gift, by devise, by loan, or by lease with or
without option to purchase and to repair, remodel, remove,
relocate, and demolish the personal property. All purchases and
contracts specified under the powers authorized under subdivision
(4) and this subdivision are subject solely to applicable law
relating to purchases and contracting by municipal corporations
in general and to the supervisory control of state agencies as
provided in section 6 of this chapter.
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(6) To sell or exchange real or personal property or interest in real
or personal property that, in the opinion of the governing body, is
not necessary for school purposes, in accordance with IC 20-26-7
and IC 20-26-7.1, to demolish or otherwise dispose of the
property if, in the opinion of the governing body, the property is
not necessary for school purposes and is worthless, and to pay the
expenses for the demolition or disposition.
(7) Except as provided under subsections (c) and (d), to lease any
school property for a rental that the governing body considers
reasonable or to permit the free use of school property for:
(A) civic or public purposes; or
(B) the operation of a school age child care program for
children who are at least five (5) years of age and less than
fifteen (15) years of age that operates before or after the school
day, or both, and during periods when school is not in session;
if the school property continues to be used primarily for
classroom instruction by the school corporation, is not subject to
closure under IC 20-26-7-47, and is not a covered school building
that must be made available for lease or purchase under
IC 20-26-7.1. Under this subdivision, the governing body may
enter into a lease or use agreement with a nonprofit corporation,
community service organization, or other governmental entity, if
the corporation, organization, or other governmental entity will
use the property to be leased for civic or public purposes or for a
school age child care program. However, if payment for the
property subject to a lease or use agreement is made from money
in the school corporation's debt service fund, all proceeds from
the lease or use agreement must be deposited in the school
corporation's debt service fund so long as payment for the
property has not been made. The governing body may, at the
governing body's option, use the procedure specified in
IC 36-1-11-10 in leasing property under this subdivision. If the
school property is not being used primarily for classroom
instruction or is subject to closure under IC 20-26-7-47, the
governing body must first comply with IC 20-26-7 and
IC 20-26-7.1 before leasing the school property under this
subdivision.
(8) To do the following:
(A) Employ, contract for, and discharge superintendents,
supervisors, principals, teachers, librarians, athletic coaches
(whether or not they are otherwise employed by the school
corporation and whether or not they are licensed under
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IC 20-28-5), business managers, superintendents of buildings
and grounds, janitors, engineers, architects, physicians,
dentists, nurses, accountants, teacher aides performing
noninstructional duties, educational and other professional
consultants, data processing and computer service for school
purposes, including the making of schedules, the keeping and
analyzing of grades and other student data, the keeping and
preparing of warrants, payroll, and similar data where
approved by the state board of accounts as provided below,
and other personnel or services as the governing body
considers necessary for school purposes.
(B) Fix and pay the salaries and compensation of persons and
services described in this subdivision that are consistent with
IC 20-28-9-1.5.
(C) Classify persons or services described in this subdivision
and to adopt a compensation plan with a salary range that is
consistent with IC 20-28-9-1.5.
(D) Determine the number of the persons or the amount of the
services employed or contracted for as provided in this
subdivision.
(E) Determine the nature and extent of the duties of the
persons described in this subdivision.
The compensation, terms of employment, and discharge of
teachers are, however, subject to and governed by the laws
relating to employment, contracting, compensation, and discharge
of teachers. The compensation, terms of employment, and
discharge of bus drivers are subject to and governed by laws
relating to employment, contracting, compensation, and discharge
of bus drivers.
(9) Notwithstanding the appropriation limitation in subdivision
(3), when the governing body by resolution considers a trip by an
employee of the school corporation or by a member of the
governing body to be in the interest of the school corporation,
including attending meetings, conferences, or examining
equipment, buildings, and installation in other areas, to permit the
employee to be absent in connection with the trip without any loss
in pay and to reimburse the employee or the member the
employee's or member's reasonable lodging and meal expenses
and necessary transportation expenses. To pay teaching personnel
for time spent in sponsoring and working with school related trips
or activities.
(10) Subject to IC 20-27-13, to transport children to and from
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school, when in the opinion of the governing body the
transportation is necessary, including considerations for the safety
of the children. The transportation must be otherwise in
accordance with applicable law.
(11) To provide a lunch program for a part or all of the students
attending the schools of the school corporation, including the
establishment of kitchens, kitchen facilities, kitchen equipment,
lunch rooms, the hiring of the necessary personnel to operate the
lunch program, and the purchase of material and supplies for the
lunch program, charging students for the operational costs of the
lunch program, fixing the price per meal or per food item. To
operate the lunch program as an extracurricular activity, subject
to the supervision of the governing body. To participate in a
surplus commodity or lunch aid program.
(12) To:
(A) purchase curricular materials and to furnish curricular
materials without cost; and
(B) assess and collect a reasonable fee for lost or significantly
damaged curricular materials.
(13) To accept students transferred from other school corporations
and to transfer students to other school corporations in accordance
with applicable law.
(14) To make budgets, to appropriate funds, and to disburse the
money of the school corporation in accordance with applicable
law. To borrow money against current tax collections and
otherwise to borrow money, in accordance with IC 20-48-1.
(15) To purchase insurance or to establish and maintain a
program of self-insurance relating to the liability of the school
corporation or the school corporation's employees in connection
with motor vehicles or property and for additional coverage to the
extent permitted and in accordance with IC 34-13-3-20. To
purchase additional insurance or to establish and maintain a
program of self-insurance protecting the school corporation and
members of the governing body, employees, contractors, or agents
of the school corporation from liability, risk, accident, or loss
related to school property, school contract, school or school
related activity, including the purchase of insurance or the
establishment and maintenance of a self-insurance program
protecting persons described in this subdivision against false
imprisonment, false arrest, libel, or slander for acts committed in
the course of the persons' employment, protecting the school
corporation for fire and extended coverage and other casualty
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risks to the extent of replacement cost, loss of use, and other
insurable risks relating to property owned, leased, or held by the
school corporation. In accordance with IC 20-26-17, to:
(A) participate in a state employee health plan under
IC 5-10-8-6.7;
(B) purchase insurance; or
(C) establish and maintain a program of self-insurance;
to benefit school corporation employees, including accident,
sickness, health, or dental coverage, provided that a plan of
self-insurance must include an aggregate stop-loss provision.
(16) To make all applications, to enter into all contracts, and to
sign all documents necessary for the receipt of aid, money, or
property from the state, the federal government, or from any other
source.
(17) To defend a member of the governing body or any employee
of the school corporation in any suit arising out of the
performance of the member's or employee's duties for or
employment with, the school corporation, if the governing body
by resolution determined that the action was taken in good faith.
To save any member or employee harmless from any liability,
cost, or damage in connection with the performance, including the
payment of legal fees, except where the liability, cost, or damage
is predicated on or arises out of the bad faith of the member or
employee, or is a claim or judgment based on the member's or
employee's malfeasance in office or employment.
(18) To prepare, make, enforce, amend, or repeal rules,
regulations, and procedures:
(A) for the government and management of the schools,
property, facilities, and activities of the school corporation, the
school corporation's agents, employees, and pupils and for the
operation of the governing body; and
(B) that may be designated by an appropriate title such as
"policy handbook", "bylaws", or "rules and regulations".
(19) To ratify and approve any action taken by a member of the
governing body, an officer of the governing body, or an employee
of the school corporation after the action is taken, if the action
could have been approved in advance, and in connection with the
action to pay the expense or compensation permitted under
IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-26-12-1,
IC 20-40-12, and IC 20-48-1 or any other law.
(20) To exercise any other power and make any expenditure in
carrying out the governing body's general powers and purposes
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provided in this chapter or in carrying out the powers delineated
in this section which is reasonable from a business or educational
standpoint in carrying out school purposes of the school
corporation, including the acquisition of property or the
employment or contracting for services, even though the power or
expenditure is not specifically set out in this chapter. The specific
powers set out in this section do not limit the general grant of
powers provided in this chapter except where a limitation is set
out in IC 20-26-1 through IC 20-26-5, IC 20-26-7, IC 20-40-12,
IC 20-40-18 (after December 31, 2018), and IC 20-48-1 by
specific language or by reference to other law.
(b) A superintendent hired under subsection (a)(8):
(1) is not required to hold a teacher's license under IC 20-28-5;
and
(2) is required preferred to have obtained at least a master's
degree from an accredited postsecondary educational institution.
(c) The governing body acting on the school corporation's behalf
may renew a lease or memorandum of understanding described in
IC 20-26-7.1-3(d) with a nonprofit organization as described in
IC 20-26-7.1-3(d).
(d) The governing body acting on the school corporation's behalf
may lease any school property for a rental to one (1) or both of the
following:
(1) The Indiana School for the Blind and Visually Impaired
established by IC 20-21-2-1.
(2) The Indiana School for the Deaf established by IC 20-22-2-1.
This subsection expires June 30, 2030.
SECTION 6. IC 20-26-5-12, AS AMENDED BY P.L.270-2019,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. Except for IC 20-26-4-1 IC 20-26-4-4, and
IC 20-26-4-5, the powers given each school corporation in IC 20-26-1
through IC 20-26-5, IC 20-26-7, IC 20-40-12, and IC 20-48-1 and the
limitations on those powers set out in IC 20-26-1 through IC 20-26-5,
IC 20-26-7, IC 20-26-7.1, IC 20-40-12, and IC 20-48-1 may not be
construed to limit the authority of the governing body given by any
other statute or rule.
SECTION 7. IC 20-26-7.1-5, AS AMENDED BY P.L.36-2024,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. (a) If:
(1) a covered school building is sold to a charter school or state
educational institution under section 4 of this chapter; and
(2) the charter school or state educational institution described in
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subdivision (1) no longer intends to use the covered school
building for the purposes described in section 4(l) of this chapter;
the charter school or state educational institution shall offer to transfer
the covered school building back to the school corporation that initially
sold the covered school building to the charter school or state
educational institution.
(b) If a school corporation described in subsection (a) declines the
offer to transfer a covered school building back to the school
corporation, the charter school or state educational institution may sell
or transfer the covered school building to a third party. If a charter
school or state educational institution sells or transfers a covered
school building to a third party under this subsection, the charter school
or state educational institution must transfer an amount equal to the
gain in the property minus the adjusted basis (including costs of
improvements to the covered school building) to the school corporation
that initially sold the covered school building to the charter school or
state educational institution. Gain and adjusted basis shall be
determined in the manner prescribed by the Internal Revenue Code and
the applicable Internal Revenue Service regulations and guidelines.
(c) A charter school or state educational institution that purchases
a covered school building assumes total control of the covered school
building and must maintain the covered school building, including
utilities, insurance, maintenance, and repairs. Except as provided in
subsection (d), in the event a:
(1) charter school does not use the covered school building for
classroom instruction; or
(2) state educational institution does not use the covered school
building for an academic purpose;
within two (2) years after acquiring the covered school building, the
covered school building shall revert to the school corporation, which
may sell or otherwise dispose of the covered school building under
IC 36-1-11.
(d) In the event a:
(1) charter school does not use the covered school building for
classroom instruction; or
(2) state educational institution does not use the covered
school building for an academic purpose;
as a result of being engaged in ongoing renovations for an acquired
covered school building, within two (2) years after acquiring an
occupancy permit for the covered school building, the covered
school building shall revert to the school corporation, which may
sell or otherwise dispose of the covered school building under
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IC 36-1-11.
SECTION 8. IC 20-26-11-6, AS AMENDED BY P.L.162-2024,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A school corporation may accept a
transferring student without approval of the transferor corporation.
under section 5 of this chapter.
(b) A transferee corporation may not require a parent or student
requesting transfer to the school corporation to pay transfer tuition or
any other fee associated with the transfer of the student.
SECTION 9. IC 20-26-11-8.5 IS REPEALED [EFFECTIVE JULY
1, 2025]. Sec. 8.5. With regard to the transfer of responsibility for
paying transfer tuition for certain students from the county to the
school corporation of the student's legal settlement as described in
IC 20-8.1-6.1-5 (as amended by P.L.36-1994, before its repeal, now
codified at section 8 of this chapter), P.L.36-1994 does not affect:
(1) rights or liabilities accrued;
(2) penalties incurred;
(3) crimes committed; or
(4) proceedings begun;
before July 1, 1995. Those rights, liabilities, penalties, crimes, and
proceedings continue and shall be imposed and enforced under prior
law as if P.L.36-1994 had not been enacted.
SECTION 10. IC 20-26-11-12, AS AMENDED BY P.L.146-2008,
SECTION 470, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 12. (a) If a student is transferred
under section 5 of this chapter from a school corporation in Indiana to
a public school corporation in another state, the transferor corporation
shall pay the transferee corporation the full tuition fee charged by the
transferee corporation. However, the amount of the full tuition fee may
not exceed the amount charged by the transferor corporation for the
same class of school, or if the school does not have the same
classification, the amount may not exceed the amount charged by the
geographically nearest school corporation in Indiana that has the same
classification.
(b) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided all educational programs and services by a public
school corporation in the state where the child is placed, whether
at the facility, the public school, or another location;
the department of child services shall pay to the public school
corporation in which the child is enrolled, the amount of transfer tuition
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specified in subsection (c).
(c) The transfer tuition for which the department of child services
is obligated under subsection (b) is equal to the following:
(1) The amount under a written agreement among the department
of child services, the institution or other facility, and the
governing body of the public school corporation in the other state
that specifies the amount and method of computing transfer
tuition.
(2) The full tuition fee charged by the transferee corporation, if
subdivision (1) does not apply. However, the amount of the full
tuition fee must not exceed the amount charged by the transferor
corporation for the same class of school, or if the school does not
have the same classification, the amount must not exceed the
amount charged by the geographically nearest school corporation
in Indiana that has the same classification.
(d) If a child is:
(1) placed by or with the consent of the department of child
services in an out-of-state institution or other facility; and
(2) provided:
(A) onsite educational programs and services either through
the facility's employees or by contract with another person or
organization that is not a public school corporation; or
(B) educational programs and services by a nonpublic school;
the department of child services shall pay in an amount and in the
manner specified in a written agreement between the department of
child services and the institution or other facility.
(e) For purposes of IC 4-13-2, an agreement described in subsection
(c) or (d) shall not be treated as a contract.
SECTION 11. IC 20-28-8-6, AS AMENDED BY P.L.115-2024,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) A contract entered into by a governing body
and its superintendent is subject to the following conditions:
(1) If the superintendent holds a license under IC 20-28-5, the
basic contract must be in the form of the regular teacher's
contract.
(2) (1) The contract may be altered or rescinded for a new one at
any time by mutual consent of the governing body and the
superintendent. The consent of both parties must be in writing and
must be expressed in a manner consistent with this section and
section 7 of this chapter.
(3) (2) If the superintendent holds a license under IC 20-28-5, the
rights of a superintendent as a teacher under any other law are not
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affected by the contract. However, if a right of a superintendent
as a teacher under any other law conflicts with the conditions
under subsection (b), subsection (b) governs.
(4) (3) For a contract entered into or renewed after June 30, 2017,
the conditions set forth under subsection (b).
(b) This subsection applies to contracts entered into or renewed after
June 30, 2017. A contract entered into by a governing body and its
superintendent is subject to the following conditions:
(1) The contract must be for a term of at least one (1) year and not
more than three (3) years. However, a contract may be extended
for not more than an additional five (5) years beyond the term of
the original contract.
(2) If the contract contains a provision that establishes an amount
the governing body must pay to the superintendent to buy out the
contract, the amount may not be more than an amount equal to the
lesser of:
(A) the superintendent's salary for any one (1) year under the
contract; or
(B) two hundred fifty thousand dollars ($250,000).
A superintendent's salary under clause (A) does not include
benefits or any other forms of compensation that the
superintendent receives as payment under the contract other than
the superintendent's salary.
(c) This subsection applies to a governing body in which at least two
(2) members are elected. After June 30, 2021, a governing body may
not enter into a contract with a superintendent under this section on or
after the date of the election for two (2) or more members of the
governing body until January 1 of the year immediately following the
year of the election. However, this subsection does not apply if:
(1) the membership of the governing body does not change as a
result of the particular election; or
(2) only one (1) new member is elected to the governing body.
SECTION 12. IC 20-28-11.5-4, AS AMENDED BY P.L.200-2023,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) Each school corporation shall develop or
adopt a plan for annual performance evaluations for each certificated
employee. A plan must include performance evaluations for all
certificated employees, conducted at least annually.
(b) A plan under this section must include an annual designation of
each certificated employee in one (1) of the following rating categories:
(1) Highly effective.
(2) Effective.
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(3) Improvement necessary.
(4) Ineffective.
The requirements for designation in each rating category must be
determined by the school corporation.
(c) The plan must:
(1) be in writing; and
(2) be explained to the governing body in a public meeting;
before the evaluations are conducted. Before explaining the plan to the
governing body, the superintendent of the school corporation shall
discuss the plan with teachers. or the teachers' representative, if there
is one. This discussion is not subject to the open door law
(IC 5-14-1.5). The plan is not subject to bargaining.
(d) The evaluator shall discuss the evaluation with the certificated
employee.
(e) After a school corporation has assigned an evaluator to perform
a certificated employee's evaluation, the certificated employee may
request the school corporation to assign an evaluator other than the
evaluator assigned to perform the certificated employee's evaluation.
SECTION 13. IC 20-29-5-7, AS AMENDED BY P.L.86-2018,
SECTION 179, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 7. (a) This section does not apply
to the bargaining team for the exclusive representative.
(b) The percentage of teacher positions the exclusive representative
may appoint to serve on a statutory or locally created district wide
committee may not exceed the percentage of teachers in the school
corporation who are members of the exclusive representative. If
multiplying the number of teacher positions on the committee by the
percentage of teachers in the school corporation who are members of
the exclusive representative does not produce a whole number, the
product must be rounded up to the nearest whole number. The
percentage of positions applies to the number of teacher positions on
a committee and not to the total number of positions on a committee.
(c) The percentage of teacher positions the exclusive representative
may appoint to serve on a statutory or locally created school wide
committee may not exceed the percentage of teachers in the school who
are members of the exclusive representative. If multiplying the number
of teacher positions on the committee by the percentage of teachers in
the school who are members of the exclusive representative does not
produce a whole number, the product must be rounded up to the nearest
whole number. The percentage of positions applies to the number of
teacher positions on a committee and not to the total number of
positions on a committee.
SEA 366 — Concur
15
(d) A committee to which this section applies may not address
subjects of bargaining under this article. A school employer's
appointment of a teacher to a committee is not an unfair practice as it
relates to the appointment of the teacher committee members.
(e) (a) By September 15 of each school year, the local president or
other officer or designee of the exclusive representative shall certify by
affidavit to the school employer the number of teachers in each school
and in the entire school corporation who are members of the exclusive
representative.
(f) (b) By October 1 of each school year, the school employer shall
provide the board with a copy of the affidavit submitted to the school
employer under subsection (e). (a). The board shall compile
information included in the affidavit from each school corporation and
post the information on the board's Internet web site. website. The
information posted by the board under this subsection may only include
aggregate data for each school corporation and may not include any
information that would identify a particular school employee.
SECTION 14. [EFFECTIVE UPON PASSAGE] (a) The following
definitions apply throughout this SECTION:
(1) "CCDF" refers to the federal Child Care and
Development Fund program administered under 45 CFR 98
and 45 CFR 99.
(2) "Early learning advisory committee" refers to the early
learning advisory committee established by IC 12-17.2-3.8-5.
(3) "Department of education" refers to the department of
education established by IC 20-19-3-1.
(4) "On my way pre-k program" refers to the
prekindergarten program described in IC 12-17.2-7.2.
(b) Not later than August 1, 2025, the early learning advisory
committee, in coordination with the department of education,
shall:
(1) assess the most effective way to ensure public schools have
access to on my way pre-k program funding outside of CCDF
enrollment; and
(2) prepare and submit to the legislative council in an
electronic format under IC 5-14-6 a report with
recommendations concerning the assessment in subdivision
(1).
(c) This SECTION expires July 1, 2026.
SECTION 15. An emergency is declared for this act.
SEA 366 — Concur
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 366 — ConcurEvery fact on this page links to its source, starting with the official bill record.